New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter I - Milk Control
Subchapter A - Dairy Products (Article 4, Agriculture and Markets Law)
Part 2 - Requirements For The Production, Processing, Manufacturing And Distribution Of Milk And Milk Products
Sanitation Requirements Applicable to the Processing and Manufacturing of Milk, Lowfat Milk, Skim Milk, Milk Products, Goat Milk, Goat Milk Products, Sheep Milk Products, Melloream and Frozen Desserts
Section 2.40 - Cleaning and sanitizing of containers and equipment-item 12p

Current through Register Vol. 46, No. 12, March 20, 2024

(a)

(1) All food-contact surfaces, including utensils and food-contact surfaces of equipment, shall be cleaned as frequently as necessary to protect against allergen cross-contact and against contamination of food. All multiuse containers and utensils shall be thoroughly cleaned after each use, and all equipment shall be thoroughly cleaned at least once each day used; provided, that storage tanks shall be cleaned when emptied and shall be emptied at least every 72 hours, except that in the case of milk plants at which frozen desserts or storable milk products are manufactured, such tanks shall be emptied at least every 96 hours. Storage tanks which are used to store raw milk longer than 24 hours and silo tanks used for the storage of raw milk shall be equipped with a seven-day temperature recording device complying with the specifications of Appendix 3 of this Title.

(2) Whenever a milk tank truck has been cleaned and sanitized, as required by the commissioner, it shall bear a tag or a record shall be made showing the date, time, place and signature of the employee or contract operator doing the work, unless the truck delivers to only one receiving unit where responsibility for cleaning and sanitizing can be definitely established without tagging. The tag is to be removed at the first stop on the route and kept on file for the commissioner.

(3) All utensils and equipment shall be cleaned and sanitized in a manner that protects against allergen cross-contact and against contamination of food, food-contact surfaces, and food-packaging materials.

(4) Food-contact surfaces used in the manufacturing/processing, packing, or holding low-moisture food shall be in a clean, dry, sanitary condition before use. When the surfaces are wet-cleaned, they shall be sanitized and thoroughly dried before subsequent use.

(5) In wet processing, when cleaning is necessary to protect against allergen cross-contact or the introduction of microorganisms into food, all food-contact surfaces shall be cleaned and sanitized before use and after any interruption during which the food-contact surfaces may have become contaminated. Where equipment and utensils are used in a continuous production operation, the utensils and food-contact surfaces of the equipment must be cleaned and sanitized as necessary.

(6) Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be both free from undesirable microorganisms and safe and adequate under the conditions of use. Compliance with this requirement shall be verified by any effective means, including purchase of these substances under a letter of guarantee or certification or examination of these substances for contamination.

(b) Pipelines and/or equipment designed for mechanical cleaning meet the following requirements:

(1) An effective cleaning and sanitizing regiment for each separate cleaning circuit shall be followed.

(2) A temperature recording device shall be installed in the return-solution line to record the temperature and time during which the line or equipment is exposed to cleaning and sanitizing.

(3) Temperature recording charts shall be identified, dated and retained for three months.

(4) During each official inspection, the commissioner shall examine and initial temperature recording charts to verify the time of exposure to solutions and their temperatures.

(c) Plants in which containers are washed manually are equipped with a two-compartment wash-and-rinse vat for this purpose. Such plants shall also provide a steam cabinet or individual steam-jet plate with hood for sanitizing of cleaned containers, or, if sanitizing is done with chemicals, a third treatment vat.

(d) In plants utilizing automatic bottle washers, such washers must provide for bactericidal treatment by means of steam, hot water or chemical treatment. In soaker-type bottle washers, in which bactericidal treatment depends upon the causticity of the washing solution, the caustic strength for a given soaking time and temperature shall be as specified in the following table listing combinations of causticity, time and temperature of equal bactericidal value, for soaker tank of soaker-type bottle washers:

COMBINATIONS OF CAUSTICITY, TIME AND TEMPERATURE OF EQUAL BACTERICIDAL VALUE, FOR SOAKER TANK OF SOAKER-TYPE BOTTLE WASHERS

(Based on NSDA specifications for beverage bottles)

Temperature, degrees
F 170 160 150 140 130 120 110
C 77 71 66 60 54 49 43
Time in minutesConcentration of NaOH, percent
3 0.57 0.86 1.28 1.91 2.86 4.27 6.39
5 0.43 0.64 0.96 1.43 2.16 3.22 4.80
7 0.36 0.53 0.80 1.19 1.78 2.66 3.98

When caustic is so used, subsequent final rinsing of the bottles shall be with water which has been treated with heat or chemicals to assure freedom from viable pathogenic or otherwise harmful organisms, to prevent recontamination of the treated bottle during the rinsing operation.

(e) All multiuse containers, equipment and utensils are sanitized before use, employing one or a combination of the methods prescribed under section 2.18 of this Part (Item 11r). Assembled equipment must be sanitized prior to each day's run.

(f) The residual bacteria count of multiuse and single-service containers used for packaging pasteurized milk and milk products shall not exceed one per milliliter of capacity, when the rinse test is used, or not over 50 colonies per/8 square inches (one per square centimeter) of product-contact surface, when the swab test is used, in three out of four samples taken at random on a given day. All multiuse and single-service containers shall be free of coliform organisms.

(g) Plants which utilize multiuse plastic containers for pasteurized milk and milk products shall comply with the following criteria:

(1) The plastic material from which the containers are molded shall be of safe material.

(2) The plastic material shall comply with the material specifications of section 2.39 of this Part (Item 11p).

(3) All containers shall be identified as to plant of manufacture, date of manufacture, and type and class of plastic material used. This information may be by code, provided that the code is revealed to the commissioner.

(4) A device shall be installed in the filling line capable of detecting in each container before it is filled, volatile organic contaminants in amounts that are of public health significance. Such device must be constructed so that it may be sealed by the commissioner to prevent the changing of its sensitivity functioning level. Models using an air injection system and with a testing device built into the detection equipment do not have to be sealed. To assure proper functioning of the system, the operator needs to be able to adjust the sensitivity. However, those models utilizing an external testing device must be sealed. Any container detected by the device as being unsatisfactory must be automatically made unusable to prevent refilling. In addition, the device must be interconnected so that the system will not operate unless the detecting device is in proper operating condition.

(5) A standard must be available for the use of the commissioner for testing the proper sensitivity functioning levels of the detection device.

(6) The commissioner may waive the requirement for the detecting device required for in paragraph (4) of this subdivision if an alternative method of comparable sensitivity is available and has been demonstrated to be effective in milk plant operation.

(7) The containers shall comply with the applicable construction requirements of section 2.39 of this Part(Item 11p). The closure for the container shall be single-service. Screw-type closures shall not be used.

(8) The container shall not impart into the product pesticide residual levels or other chemical contaminants in excess of those considered acceptable under the Federal Food, Drug and Cosmetic Act, as amended, and regulations issued thereunder.

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