South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-36 - Frozen Desserts
Section 61-36.VI - THE EXAMINATION OF MANUFACTURED GRADE DAIRY PRODUCTS

Universal Citation: SC Code Regs 61-36.VI

Current through Register Vol. 48, No. 9, September 27, 2024

A. Sampling criteria.

1. Samples of MANUFACTURED GRADE DAIRY PRODUCTS shall be collected by the manufacturer or the DEPARTMENT, as directed, at a frequency that is deemed appropriate by the DEPARTMENT based on the level of RISK of the product.

2. Samples may be taken while in the possession of the manufacturer and/or distributor, retail stores, cafes, restaurants, and other places where MANUFACTURED GRADE DAIRY PRODUCTS are sold and shall be taken and examined as often as the DEPARTMENT may require.

B. Sampling enforcement.

1. Upon receipt of unsatisfactory samples, as specified in (a) and (b) below, the DEPARTMENT shall send a written notice thereof to the PERMIT HOLDER of the MANUFACTURED GRADE DAIRY PRODUCTS PLANT or MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATION.
a. For FROZEN DESSERTS this notice shall be sent when two (2) of the last four (4) consecutive bacterial counts (except those for ASEPTICALLY PROCESSED MIX), coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for FROZEN DESSERTS. An additional sample shall be taken within twenty-one (21) days of the sending of such notice, but not before the lapse of three (3) days. The DEPARTMENT shall suspend the manufacturer and/or distributor's PERMIT in accordance with Section III and/or take court action as necessary whenever the additional sampling results indicate that three (3) of the last five (5) bacterial counts (except those for ASEPTICALLY PROCESSED MIX), coliform determinations, or cooling temperatures exceed the limit of the standard for FROZEN DESSERTS.

b. For CHEESE and BUTTER, this notice shall be sent when a sample is confirmed to be positive for PATHOGENIC organisms. A positive finding of PATHOGENIC organisms in a sample shall be considered an IMMINENT HEALTH HAZARD, and the product involved shall not be offered for sale. The DEPARTMENT shall immediately suspend the PERMIT and the PERMIT shall remain suspended until a minimum of two (2) consecutive representative samples are found to be free of PATHOGENIC organisms.

2. Whenever a phosphatase test is positive, the cause shall be determined by the PERMIT HOLDER. Where the cause is improper PASTEURIZATION, it shall be corrected, and any MANUFACTURED GRADE DAIRY PRODUCT involved shall not be offered for sale.

3. Whenever a pesticide residue test is positive, an investigation shall be made to determine the cause, and the product involved shall not be offered for sale. The cause shall be corrected. An additional sample shall be taken and tested for pesticide residues and no MANUFACTURED GRADE DAIRY PRODUCT shall be offered for sale until it is shown by a subsequent sample to be free of pesticide residues or below the actionable levels established for such residues.

4. Whenever a DRUG residue test is positive, an investigation shall be made to determine the cause, and the cause shall be corrected in accordance with the provision of Section II of this regulation.

5. Whenever a container or containers of ASEPTICALLY PROCESSED MANUFACTURED GRADE DAIRY PRODUCT is found to be unsterile due to under processing, the DEPARTMENT shall consider this to be an IMMINENT HEALTH HAZARD and shall suspend the PERMIT of the MANUFACTURED GRADE DAIRY PRODUCT plant for the sale of ASEPTICALLY PROCESSED MANUFACTURED GRADE DAIRY PRODUCT. No ASEPTICALLY PROCESSED MANUFACTURED GRADE DAIRY PRODUCT shall be sold until it can be shown that the processes, equipment, and procedures used are suitable for consistent production of a sterile product. All products, including MANUFACTURED GRADE DAIRY PRODUCT, manufactured in or from the lot found to contain one (1) or more unsterile units shall be recalled and disposed of as directed by the DEPARTMENT.

C. Sampling methods.

Samples shall be analyzed at an official or appropriate OFFICIALLY DESIGNATED LABORATORY. All sampling procedures and required laboratory examinations shall be in substantial compliance with the Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the certification of sample collectors, and examinations shall be evaluated in accordance with the United States Public Health Service/FDA Evaluation of MILK Laboratories. Aseptically processed MANUFACTURED GRADE DAIRY PRODUCTS packaged in HERMETICALLY SEALED CONTAINERS shall be tested in accordance with the FDA's Bacteriological Analytical Manual. Examinations and tests to detect adulterants, including pesticides, shall be conducted as the DEPARTMENT requires.

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