Current through all regulations passed and filed through September 16, 2024
(A) No person shall produce, provide, sell,
offer, expose for sale, or have in their possession with the intent to sell,
any milk or milk product which is adulterated or misbranded. Any adulterated or
misbranded milk or milk products may be impounded by the director and disposed
of in accordance with applicable laws or regulations.
(B) Upon notification by the director that a
milk or milk product contains an adulterant or that an emergency exists that
presents a clear and present danger as described in rule
901:11-1-02
of the Administrative Code the hauler shall:
(1) Not transport raw milk from a milk
producer's dairy farm found violative under rule
901:11-1-02
or
901:11-2-05 of
the Administrative Code until such time that subsequent analysis of the milk
producer's milk is no longer positive for drug residue; provided the milk
hauler may transport milk for the purpose of disposal;
(2) Not transport the adulterated product
from the designated location until such time that subsequent analysis shows the
product to meet or exceed acceptable food safety standards; and
(3) Immediately notify the director and the
milk processor, of the ultimate disposition of the raw milk, if the milk
processor does not perform the ultimate disposition.
(C) The milk hauler or weigher, sampler, or
tester shall not:
(1) Switch producer raw
milk samples;
(2) Falsify sample
collection, weight, temperature, or test data in a fashion to provide false or
misleading results to the producer, processor, purchasing organization, or any
regulatory agency;
(3) Represent
one producer's milk as that from another;
(4) Fail to report tanks, meters or scales
that are known to have been tampered with, or altered or improperly installed;
(5) Offer or expose for sale; or
use for human consumption; or have in his or her possession; or distribute for
human consumption any milk or milk product which is adulterated or misbranded,
as provided in the applicable provisions of Chapter 3715. of the Revised Code
and rules adopted thereunder, or exceeds the specific tolerances set forth in
regulations adopted under the food, drug and cosmetic act
21
U.S.C. 201,
21
U.S.C. 301, 21 U .S.C. 402, or 21 U.S.C. 406 as amended by the FDA
Modernization Act of 1997;
(6)
Sell, offer, or expose for sale or use for human consumption, or have in his or
her possession with intent to sell or distribute for human consumption, any
milk or milk product that is produced at an unlicensed facility or a facility
whose license was suspended or revoked by the director;
(7) Manipulate any operation or data so as to
produce false or misleading information or results;
(8) Make a false or misleading report; or
(9) Engage in any deceptive
practice that would affect prompt and accurate producer payment.
