New Mexico Administrative Code
Title 21 - AGRICULTURE AND RANCHING
Chapter 34 - DAIRY AND EGG PRODUCERS
Part 2 - RETAIL SALE OF RAW MILK
Section 21.34.2.14 - EXAMINATION OF RAW MILK AND RAW MILK PRODUCTS
Current through Register Vol. 35, No. 6, March 26, 2024
A. During each six (6) month period, at least six (6)samples of raw milk and raw milk products from each distributor shall be taken on separate days and examined by the department. Samples may be taken at any time before it reaches the consumer. All samples shall be examined in accordance with the most current edition of standard methods for the examination of raw milk and raw milk products published by the United States public health service, food and drug administration.
B. All proprietors of retail outlets shall furnish the department, upon request, the names of all distributors from whom they obtain raw milk and raw milk products.
C. Bacterial plate counts, direct microscopic counts, coliform determinations, phosphates tests, efficiency of bactericidal treatment and other laboratory and screening tests shall conform to the latest procedures of standard methods for the examination of dairy products recommended by the American public health association. Examinations may include such other chemical and physical determinations as the department may deem necessary for the detection of adulteration.
D. If a bacterial count, somatic cell count, coliform determination or cooling temperature exceeds the limit of the standard for raw milk and/or raw milk products, the department shall furnish a written warning of impending permit suspension or court action to the permittee within forty-eight (48) hours of the department receiving notice of the violative sample result. In addition, a "check" sample shall be taken by the department not less than three (3) days nor more than ten (10) days after furnishing the permittee with a written warning of the sample that exceeded the limit. If the check sample or the next consecutive regularly taken sample exceeds the limit for any of four (4) parameters for which there is a standard, the permit shall be suspended immediately in accordance with Section 10, and court action may be instituted by the department. If the check sample and the next consecutive sample do not exceed the limit, the warning notice shall no longer be in effect.
