Current through August, 2024
Regulation
1 DEFINITIONS
For use in the interpretation of this part and in
the regulations hereinafter published the following definitions shall
apply:
1. "Commissioner",
means Commissioner of Agriculture or his duly authorized
agent.
2. "Milk Producer"
or "producer" is a person, partnership, unincorporated association or
corporation who owns or controls one or more cows or dairy goats and
sells or offers for sale a part or all of the milk produced by the
animals.
3. "Dairy farm"
is any place or premise where one or more cows or dairy goats are
kept and where a part, or all of the milk from the animals is sold or
offered for sale.
4.
"Milk plant" is any place, premise, or establishment where milk or
dairy products are collected, assembled, handled, processed, stored,
pasteurized, aseptically processed, packaged or prepared for
distribution.
5.
"Transfer Station" is any place, premise, or establishment where milk
or milk products are transferred directly from one milk tank truck to
another.
6. "Receiving
Station" is any place, premise, or establishment where raw milk is
received, collected, handled, stored or cooled and prepared for
further transporting.
7.
"Bulk Milk Pickup Tanker" is a vehicle including the truck, tank and
those appurtenances necessary for its use, used by a milk hauler to
transport bulk raw milk from a dairy farm to a transfer station,
receiving station, or milk plant.
8. "Milk Transport Tank" is a
vehicle including the truck and tank used by a milk hauler to
transport bulk shipments of milk from a transfer station or milk
plant.
9. "Milk handler"
or "handler" is a person, firm, unincorporated association or
corporation engaged in the business of buying, selling, assembling,
packaging or processing milk or other dairy products, for sale within
or without the State of Vermont.
10. "Milk handler license" is a
license issued by the Commissioner which authorizes the licensee to
carry on the business of a milk handler.
11. "Milk is the lacteal secretion,
free from colostrum, obtained by the complete milking of one or more
healthy cows or dairy goats to which nothing has been added or taken
away. Effective July 1, 1988, milk sold in consumer packages by
licensed handlers shall be pasteurized. Cows milk shall contain not
less than 3.5 percent milk fat and not less than 8.25 percent nonfat
milk solids and goats milk shall contain not less than 2.5 percent
milk fat and not less than 7.5 percent nonfat milk solids. Such milk
may be standardized by the addition of pure, fresh skim milk or cream
as defined by regulation or the removal of skim milk or cream.
Optional ingredients:
(1) If added,
Vitamin A shall be present in such quantity that each quart of the
food contains not less than 2000 International Units (I.U.).
(2) If added, Vitamin D
shall be present in such quantity that each quart of the food
contains not less than 400 International Units.
(3) Characterizing flavoring
ingredients with or without coloring, nutritive sweetener,
emulsifiers and stabilizers.
12. "Imitation dairy products" are
those products containing no milk which by their texture, flavor,
color, packaging, or other characteristics, could be confused by
consumers with established and defined dairy products or are sold or
offered for sale as substitutes for milk or fluid dairy
products.
13. "An
imitation dairy product handler" is a person, firm, unincorporated
association or corporation engaged in the business of buying,
selling, packaging or processing imitation dairy products for sale
within or without the State of Vermont.
14. "An imitation dairy product
handler's license" is a license issued by the Commissioner which
authorizes the licensee to carry on the business of an imitation
dairy product handler.
15.
"Retail package of dairy product" is a package to be sold to a
consumer.
16. "Dairy
products" are milk, or the products derived therefrom, which conform
to the appropriate legal standard of definition for the specific
product as defined in this part [and regulations made under this
part.]
17. "Fluid dairy
products" are milk and fluid dairy products derived from milk,
including cultures or acidified products, as defined by regulations
made under this part. Fluid dairy products may contain the following
food grade ingredients:
(a)
acidifiers and colors,
(b)
vitamins and minerals,
(c)
dry and concentrated milk products by not more than 3% weight. Only
those food grade additives approved by the Federal Food and Drug
Administration and the Commissioner of Agriculture shall be used in
any fluid dairy product.
18. "Licensed technician" is a
person who has demonstrated by appropriate tests, to the satisfaction
of the Commissioner, that the person has the skill, experience,
ability and integrity to perform tests that are used as a basis for
payment or acceptance of dairy products, and who holds one or more
licenses issued by the Commissioner authorizing the person to carry
on one or more of these activities.
19. "Official Laboratory" is a
biological, chemical, or physical laboratory which is under the
direct supervision of the Vermont Department of
Agriculture.
20.
"Officially Designated Laboratory" is a commercial laboratory
authorized to do official work by the Vermont Department of
Agriculture, or a milk industry laboratory officially designated by
the Vermont Department of Agriculture for the examination of producer
samples of raw milk and commingled milk tank truck samples of raw
milk for antibiotic residues and bacterial limits. The Commissioner
may terminate approval for cause.
21. "Adulteration". An adulterated
dairy product is a dairy product containing noxious, unwholesome, or
deleterious material, preservative, antibiotic drug or chemical in a
quantity injurious to health; or which does not conform to the
definition of the product; or which is not produced, processed, or
distributed according to the provisions of this part.
22. "Person" means individuals,
corporations, partnerships, trusts, associations, cooperatives, and
any and all other business units or entities.
23. "Concentrated milk" is milk
from which a portion of the water constituents has been
removed.
24.
"Homogenized" is milk which has been treated in such a manner as to
insure a breakup of the fat globules to such an extent that after 48
hours storage, no visible cream separation occurs on the milk and the
fat percentage of the top 100 cubic centimeters of milk in a quart,
or of proportionate volumes in containers of other sizes, does not
differ by more than 10 percent of itself from the fat percentage of
the remaining milk as determined after thorough mixing.
25. "Lowfat milk" in retail
packages is milk from which sufficient milkfat has been removed to
produce a food having within limits of good manufacturing practice,
one of the following milkfat contents: 0.5, 1.0, 1.5, or 2.0 percent.
Lowfat milk shall contain not less than 8.25 percent milk solids not
fat.
26. "Skim milk" or
"Nonfat milk" in retail packages is milk from which sufficient
milkfat has been removed to reduce its milkfat content to less than
0.5 percent as determined by the Association of Official Analytical
Chemists methods. Skim milk shall contain not less than 8.25 percent
milk solids not fat.
27.
"Skim milk" and "lowfat milk" in retail packages may contain Vitamin
D. If added, Vitamin D shall be present in such quantity that each
quart of the food contains 400 International Units. Vitamin A may be
added to the extent that each quart of the food contains not less
that 2000 International Units. Skim milk or nonfat milk may contain
(1) Carriers for Vitamin A and D. (2) Concentrated skim milk, nonfat
dry milk, or other milk derived ingredients to increase the nonfat
solids content of the food, provided that the protein efficiency
ratio of all protein present, shall not be decreased as a result of
adding such ingredients. (3) When one or more of the optional milk
derived ingredients listed in (2) above are used, emulsifiers or
stabilizers or a combination of both, in an amount not to exceed 2
percent by weight of the solids in such ingredients. (4)
Characterizing flavoring ingredients with or without coloring,
nutritive sweetener, emulsifiers and stabilizers.
28. "Half-Half" or
"Coffee-Cereal-Special" is the food consisting of a mixture of milk
and cream containing not less than 10.5 percent but less than 18
percent milkfat. It maybe pasteurized or ultra-pasteurized. It may
contain approved emulsifiers, stabilizers, nutritive sweeteners or
characterizing flavoring ingredients. When used, each of the
specified shall be declared on the label.
29. "Light Cream" is that portion
of milk which contains not less than 18 percent but less than 30
percent milkfat. It may be pasteurized or ultra-pasteurized and may
contain the following approved ingredients: stabilizers, emulsifiers,
nutritive sweeteners or characterizing flavoring ingredients. When
used, each of the specified shall be declared on the label.
30. "Light Whipping Cream",
"Whipping Cream" or "Medium Cream" is that portion of milk which
contains not less than 30 percent but less than 36 percent milkfat.
It may be pasteurized or ultra-pasteurized and may contain the
following ingredients: stabilizers, emulsifiers, nutritive sweeteners
or characterizing flavoring ingredients. When used, each of the
ingredients shall be declared on the label.
31. "Sheeps Milk Cheese" shall
conform to the requirements for Specific Standardized Cheese and
Related Products as specified in these Regulations, except; if sheeps
milk is substituted for cows milk; then wherever the name of the food
appears on the label the words "sheeps milk" shall precede it in the
same size, color, and style letters as the name of the food
appears.
32. "Heavy Cream"
is that portion of milk which contains not less than 36 percent
milkfat. It may be pasteurized or ultra-pasteurized and may contain
the following approved ingredients: stabilizers, emulsifiers,
nutritive sweeteners or characterizing flavoring ingredients. When
used, each of the ingredients shall be declared on the
label.
33. "Buttermilk" is
a fluid product resulting from the manufacture of butter from milk or
cream. It contains not less than 8 1/4 percent of milk solids not
fat.
34. "Low-sodium
Milk", or "Low-sodium Lowfat Milk", or "Low-sodium Skim Milk" is the
product resulting from the treatment of milk, lowfat milk, or skim
milk as defined in these Regulations by a process of passing the
milk, lowfat milk, or skim milk through an ion exchange resin process
or any other process which has been recognized by the Vermont
Department of Agriculture that effectively reduces the sodium content
of the product to less than 10 milligrams in 100
milliliters.
35.
"Lactose-reduced Milk" or "Lactose-reduced Lowfat Milk", or
Lactose-reduced Skim Milk" is the product resulting from the
treatment of milk, lowfat milk, or skim milk as defined in these
Regulations by the addition of safe and suitable enzymes to convert
sufficient amounts of the lactose to glucose and/or galactose so that
the remaining lactose is less than 30 percent of the lactose in milk,
lowfat milk, or skim milk.
36. "Reconstituted or Recombined
Milk and/or Milk Products" shall mean milk or milk products defined
in these Regulations which result from reconstituting or recombining
of milk constituents with potable water when appropriate.
37. "Concentrated Milk" is a fluid
product, unsterilized and unsweetened, resulting from the removal of
a considerable portion of the water from the milk, which, when
combined with potable water in accordance with instructions printed
on the container, results in a product conforming with the milkfat
and milk solids not fat levels of milk as defined in these
Regulations.
38.
"Concentrated Milk Products" shall be taken to mean and to include
homogenized concentrated milk, concentrated skim milk, concentrated
lowfat milk, and similar concentrated products made from concentrated
milk or concentrated skim milk, and which, when combined with potable
water in accordance with instructions printed on the container,
conform with the definitions of the corresponding milk products in
these Regulations.
39.
"Sanitation" means the treatment of apparatus, containers or
equipment with heat or chemicals approved by the Commissioner in such
a way as to render them aseptic.
40. "Sterilized" - The term
sterilized when applied to piping, equipment and containers used for
milk and milk products shall mean the condition achieved by
application of heat, chemical sterilant(s) or other appropriate
treatment that renders the piping, equipment and containers free of
viable microorganisms.
41.
"Pasteurized" when used to describe a dairy product means that every
particle of such product shall have been heated in the properly
operated equipment to one of the temperatures specified in the table
of this paragraph and held continuously at or above the temperature
for the specified time (or other time/temperature relationship which
has been demonstrated to be equivalent thereto in the microbial
destruction.)
| TEMPERATURE | TIME |
|
145 [degrees] F. |
30 minutes |
|
161 [degrees] F. |
15 seconds |
|
191 [degrees] F. |
1 second |
|
194 [degrees] F. |
0.5 second |
|
201 [degrees] F. |
0.1 second |
|
204 [degrees] F. |
0.05 second |
|
212 [degrees] F. |
0.01 second |
If the dairy product has a fat content of 10 percent
or more, or if it contains added sweeteners, the specified
temperature shall be increased by 5 [degrees] F. Provided, That
eggnog and ice cream mix shall be heated to at least the following
temperature and time specifications:
| TEMPERATURE | TIME |
|
155 [degrees] F. (69 [degrees]
C) |
30 minutes |
|
175 [degrees] F. (80 [degrees]
C) |
25 seconds |
|
180 [degrees] F. (83 [degrees]
C) |
15 seconds |
Provided, further, That nothing in this definition
shall be construed as barring any other pasteurization process which
has been recognized by the Vermont Department of Agriculture to be
equally efficient.
42. Ultra-Pasteurized" when used to
describe a dairy product means that such product shall have been
thermally processed at or above 280 [degrees] F. for at least 2
seconds, either before or after packaging, so as to produce a product
which has an extended shelf life [under refrigerated
conditions].
43.
"Aseptically Processed Milk and Milk Products" are products
hermetically sealed in a container and so thermally processed in
conformance with "The Code of Federal Regulations" and the provisions
of these Regulations so as to render the product free of
microorganisms capable of reproducing in the product under normal
unrefrigerated conditions of storage and distribution. The product
shall be free of viable microorganisms (including spores) of public
health significance.
44.
"Aseptic Processing" - the term aseptic processing when used to
describe a milk product means that the product has been subject to
sufficient heat processing, and packaged in a hermetically sealed
container, to conform to the applicable requirements of "The Code of
Federal Regulations" and these Regulations, and maintain the
commercial sterility of the product under normal unrefrigerated
conditions.
45.
"Hermetically Sealed Container" is a container that is designed and
intended to be secure against the entry of microorganisms and thereby
maintain the commercial sterility of its contents after
processing.
46.
"Coliform" bacteria means the group of organisms that are Gram
negative and non-spore forming and which ferment the sugar in milk
with resulting gas formation.
47. "Phosphatase Test" means the
chemical test for determining whether or not milk and other dairy
products have been pasteurized.
48. "Additional definitions". The
Commissioner may, after due notice and public hearing, promulgate,
amend or rescind definitions of other dairy products, including
modified milk, dairy processes, and specially trained
personnel.
49.
"Labeling". Unless otherwise approved by the Commissioner, all retail
packages of dairy products, fluid dairy products and imitation dairy
products sold or offered for sale shall be plainly and conspicuously
marked on the principal display panel with:
(1) The name of the food as defined
by statute or regulation.
(2) The quantity of contents. The
information panel shall show:
(1)
The name and address of the handler. The plant code number, when
required, may appear elsewhere on the container.
(2) Nutrition labeling, if
applicable.
(3) The name
of all ingredients in descending order of importance.
(4) Grade A, if applicable,
(5) Additionally, the
National Labeling Council recommends that the information panel show
(a) the name of the food, (b) a quantity of contents, (c) the word
"pasteurized" or "ultra-pasteurized" if applicable, (d) the term
"homogenized" if applicable. Labeling as specified above will be
permitted on the closures of plastic and glass containers. A minimum
of 1/32 inch type will be used on closure labeling.
Definitions and Standards of dairy products not
herein defined shall be those established by Federal Agencies and
published in "Agricultural Handbook No. 51" and/or "The Code of
Federal Regulations."
Regulation 2 QUALITY CONTROL
STANDARDS FOR MILK AND MILK PRODUCTS
All raw milk and all pasteurized milk and milk
products shall be produced, processed, and/or pasteurized to conform
with the following chemical, bacteriological, and temperature
standards, and the animal health requirements of this section.
No process or manipulation other than pasteurization,
processing methods integral therewith, and appropriate refrigeration
shall be applied to milk and milk products for the purpose of
removing or deactivating microorganisms: Provided, That in the bulk
shipment of raw cream, skim milk, or lowfat milk, the heating of the
raw milk to temperatures no greater than 125 [degrees] F. for
separation purposes is permitted when the resulting bulk shipments of
cream, skim milk, and lowfat milk are labeled heat-treated.
Each handler shall conduct Quality Control tests on
each producer's milk at least monthly and shall notify each producer
on the results of all tests.
Producers will be notified at least five days prior
to the next sampling date of any results not in compliance with state
standards for raw milk.
|
RAW MILK (IN BULK) |
|
MAXIMUM |
|
Temperature |
40 [degrees] F. Bulk Milk |
|
Bacterial Limits |
100,000 - CFU/ML |
SPC -Raw Individual |
|
Producers |
|
300,000 - CFU/ML |
SPC - Commingled prior |
|
to pasteurization |
|
2,500 - SPC/ML |
Laboratory Pasteurized |
|
Cryoscope |
-0.525 [degrees] C |
Unless proven to be free of |
|
added water. |
|
Antibiotics |
No detectable zone above |
|
15.9 mm by the Bacillus |
|
Stearothermophilus Disc |
|
Assay Method and such |
|
other similar tests as |
|
are approved by the |
|
Commissioner. |
Optional Preliminary
Incubation Count when used - 100,000 CFU/ML SPC raw
individual producer
|
Somatic Cell Count |
1,500,000 CFU/ML SCC - "Screening
Test" |
|
shall be the Wisconsin Mastitis Test
and |
|
such other similar tests as are
approved |
|
by the Commissioner. In the event
the |
|
screening test results in a WMT of 22
mm |
|
or higher the sample will be
confirmed |
|
by the Direct Microscopic Count or
such |
|
similar tests as are approved by
the |
|
Commissioner. |
Effective January 1, 1985, Somatic Cell Count
1,000,000/m1 Screening Test are those acceptable to the
Commissioner.
|
PASTEURIZED MILK AND DAIRY
PRODUCTS |
|
Pasteurized |
Temperature |
Cooled to 40 [degrees] F or less
and |
|
milk and milk |
maintained thereat until |
|
products |
delivered to the |
|
consumer except aseptically |
|
processed |
|
ultra-pasteurized long |
|
shelf-life milk which does |
|
not require refrigeration. |
|
Bacterial |
10,000 CFU/ML SPC |
|
limits * |
|
Coliform |
Not to exceed 10 CFU/ML |
|
Coliform |
|
Phosphatase |
Less than 1 microgram per |
|
ml. by the Scharer Rapid |
|
Method or equivalent. |
|
Antibiotics |
No detectable zone |
|
above 15.9 mm by the Bacillus |
|
Stearothermophilus Disc Assay |
|
Method and such other similar |
|
tests as are approved by the |
|
Commissioner. |
* Not applicable to cultured dairy
products.
Regulation
3 SANITATION REQUIREMENTS FOR THE PRODUCTION OF RAW MILK
1. Milking Barn, Stable or Parlor
-- Construction. A milking barn, stable or parlor shall be provided
on all dairy farms in which the milking herd shall be housed during
milking time operations. The areas used for milking purposes shall
(1) have floors and gutters of tight construction; new construction
shall be of impervious material. (2) have walls and ceilings which
are smooth, painted or finished in an approved manner, in good
repair, ceiling dust-tight; (3) have separate stalls or pens for
horses and calves; (4) be provided with natural and/or artificial
light, well distributed for day and/or night milking; (5) provide
sufficient air space and air circulation to prevent condensation and
excessive odors; (6) not be overcrowded; and (7) have dust-tight
covered boxes or bins, or separate storage facilities for ground,
chopped, or concentrated feed.
2. Milking Barn, Stable, or Parlor
-- Cleanliness. The interior shall be kept clean. Floors, walls,
windows, pipelines, and equipment shall be free of filth and/or
litter, and shall be clean. Swine and fowl shall be kept out of the
milking barn, stable or parlor.
3. Cowyard. The cowyard shall be
graded and drained and shall have no standing pools of water or
accumulations of organic wastes; provided that in loafing or
cattle-housing areas, cow droppings and soiled bedding shall be
removed, or clean bedding added, at sufficiently frequent intervals
to prevent the soiling of the cow's udder and flanks. Waste feed
shall not be allowed to accumulate. Swine shall be kept out of the
cowyard.
4. Milkhouse or
Room -- Construction and Facilities. A milkhouse or room of
sufficient size shall be provided; in which the cooling, handling,
and storing of milk and the washing, sanitizing and storing of milk
containers and utensils shall be conducted except as provided for in
Item 11 of this section.
IT SHALL HAVE:
A smooth floor constructed of concrete or equally
impervious material graded to drain and maintained in good repair.
Liquid waste shall be disposed of in a sanitary manner; all floor
drains shall be accessible and trapped;
Walls and ceiling constructed of smooth material and
in good repair, well painted and/or otherwise suitably
finished;
Adequate natural and/or artificial light well
distributed, be well ventilated and shall be used for no other
purpose than milkhouse operations;
Hot and cold water under pressure;
Be equipped with a two-compartment wash vat and
adequate hot water heating facilities.
A direct opening between the milkhouse and milking
barn, stable, or parlor is permitted when a tight fitting
self-closing solid door(s) hinged to be single or double acting is
installed and further that the milking barn or stable is adequately
ventilated.
When a transportation tank is used for the cooling
and/or storage of milk on the dairy farm, such tank shall be provided
with suitable shelter for the receipt of milk. Such shelter shall be
adjacent to, but not a part of, the milkroom and shall comply with
the requirements of the milkroom with respect to construction, light,
drainage, insect and rodent control, and general
maintenance.
5.
Milkhouse or Room -- Cleanliness. The floors, walls, ceilings,
windows, tables, shelves, cabinets, wash vats, non-product contact
surfaces of milk containers, utensils, and equipment, and other
milkroom equipment shall be clean. Only articles directly related to
milkroom activities shall be permitted in the milkroom. The milkroom
shall be free of trash, animals, and fowl.
6. Toilets. Every dairy farm shall
be provided with one or more toilets conveniently located and
properly constructed, operated, and maintained in a sanitary manner.
The waste shall be inaccessible to flies and shall not pollute the
soil surface or contaminate any water supply.
7. Water Supply. Water for
milkhouse and milking operations shall be from a supply properly
located and protected, shall be easily accessible and shall be
adequate and show no evidence of contamination.
8. Utensils and Equipment --
Construction. All multi-use containers, equipment, and utensils used
in the handling, storage, or transportation of milk shall be made of
smooth, non-absorbent, corrosion-resistant, non-toxic materials, and
shall be so constructed as to be easily cleaned. All containers,
utensils, and equipment shall be in good repair. Multiple-use woven
material shall not be used for straining milk. All single-service
articles shall have been manufactured, packaged, transported, stored,
and handled in a sanitary manner. Articles intended for
single-service use shall not be reused. Farm holding/cooling
equipment, sanitary piping, and transportation tanks shall conform to
3-A Sanitary Standards. All milk pails used for hand milking and
stripping shall be seamless and of the hooded type.
9. Utensils and Equipment --
Cleaning. The product-contact surfaces of all multi-use containers,
equipment, and utensils used in the handling, storage, or
transportation of milk shall be cleaned after each usage.
10. Utensils and Equipment --
Sanitation. The product-contact surfaces of all multi-use containers,
equipment, and utensils used in the handling, storage, or
transportation of milk shall be sanitized before each
usage.
11. Utensils and
Equipment -- Storage. All containers, utensils, and equipment used in
the handling, storage, or transportation of milk, unless stored in
sanitizing solutions, shall be stored to assure complete drainage,
and shall be protected from contamination prior to use. Provided,
That milk pipelines and pipeline milking equipment such as milker
claws, inflations, weigh jars, meters, milk hoses, milk receivers and
milk pumps which are designed for mechanical cleaning may be stored
in the milking barn or parlor provided this equipment is designed,
installed and operated to protect the product and solution-contact
surfaces from contamination at all times.
12. Utensils and Equipment --
Handling. After sanitation, all containers, utensils, and equipment
shall be handled in such manner as to prevent contamination of any
product-contact surface.
13. Milking -- Milking shall be
done in the milking barn, stable, or parlor. The flanks, udders,
bellies, and tails of all milking cows shall be free from visible
dirt. All brushing shall be completed prior to milking. The udders
and teats of all milking cows shall be cleaned and treated with a
sanitizing solution just prior to the time of milking, and shall be
relatively dry before milking. Wet hand milking is
prohibited.
14. Milking --
Surcingles, Milking Stools, and Anti-kickers. Surcingles, milking
stools, and anti-kickers shall be kept clean and stored above the
floor.
15. Milking --
Transfer and Protection of Milk. Each pail or container of milk shall
be transferred immediately from the milking barn, stable, or parlor
to the milkhouse. No milk shall be strained, poured, transferred, or
stored unless it is properly protected from contamination.
16. Personnel -- Handwashing
Facilities. There shall be provided adequate handwashing facilities,
including a lavatory fixture with running water, soap, or detergent,
and individual sanitary towels in the milkhouse or convenient to the
milking barn, stable or parlor.
17. Personnel -- Cleanliness. Hands
shall be washed clean and dried with an individual sanitary towel
immediately before milking, before performing any milkhouse function,
and immediately after the interruption of any of these activities.
Milkers and milk haulers shall wear clean outer garments while
milking or handling milk, milk containers, or equipment.
18. Bulk Tanks. Raw milk cooled and
stored in farm bulk tank coolers shall cool the first milking to 50
[degrees] F. or less within one hour after milking and 40 [degrees]
F. or less within the next hour. On second and subsequent milkings
the blend temperature of milk in the tank will not rise above 50
[degrees] F. and will be cooled to 40 [degrees] F. or less in one
hour after milking. Farm bulk tanks shall be emptied at least once
every 48 hours except when road conditions or some act of God will
not permit pickup of milk.
19. Vehicles used to transport milk
from the dairy farm to the milk plant or receiving station shall be
constructed and operated to protect their contents from sun,
freezing, and contamination. Such vehicles shall be kept clean,
inside and out; and no substance capable of contaminating milk shall
be transported with milk.
20. Insect and Rodent Control.
Effective measures shall be taken to prevent the contamination of
milk, containers, equipment, and utensils by insects and rodents, and
by chemicals used to control such vermin. Milkrooms shall be free of
insects and rodents. Surroundings shall be kept neat, clean, and free
of conditions which might harbor or be conducive to the breeding of
insects and rodents.
Regulation 4 SANITATION
REQUIREMENTS FOR MILK PLANTS
A receiving station shall comply with Items 1 to 15,
inclusive, and 17, 20, and 22, except that the partitioning
requirement of Item 5 shall not apply.
A transfer station or facilities for the cleaning and
sanitizing of milk tank trucks shall comply with Items 1, 4, 6, 7, 8,
9, 10, 11, 12, 14, 15, 20, and 22, and as climatic and operating
conditions require, the applicable provisions of Items 2 and 3;
Provided That in every case, overhead protection shall be
provided.
1. Floors --
Construction. The floors of all rooms in which milk or milk products
are processed, handled or stored, or in which milk containers,
equipment, and utensils are washed, shall be constructed of concrete
or other equally impervious and easily cleanable material; and shall
be smooth, properly sloped, provided with trapped drains, and kept in
good repair: Provided, that cold-storage rooms used for storing milk
and milk products need not be provided with floor drains when the
floors are sloped to drain to one or more exits: Provided further,
that storage rooms for storing dry ingredients and/or packaging
materials need not be provided with drains; and the floors may be
constructed of tightly joined wood.
2. Walls and Ceilings --
Construction. Walls and ceilings of rooms in which milk or milk
products are handled, processed, or stored, or in which milk
containers, utensils, and equipment are washed, shall have a smooth,
washable, light-colored surface, in good repair.
3. Doors and Windows. Effective
means shall be provided to prevent the access of flies and rodents.
All openings to the outside shall have solid doors or glazed windows
which shall be closed during dusty weather.
4. Lighting and Ventilation. All
rooms in which milk and milk products are handled, processed, or
stored and/or in which milk containers, equipment and utensils are
washed shall be well lighted and well ventilated.
5. Rooms. There shall be rooms for
(1) pasteurizing, processing and cooling, and packaging; and (2)
cleaning of milk cans and bottles. In addition, plants receiving milk
in bulk transport tanks shall provide for cleaning and sanitizing
facilities.
Rooms in which milk or milk products are handled,
processed, or stored, or in which milk containers, utensils, and
equipment are washed or stored, shall not open directly into any
stable or any room used for domestic purposes. All rooms shall be of
sufficient size for their intended purposes.
6. Toilet-Sewage Disposal
Facilities. Every milk plant shall be provided with toilet
facilities. Toilet rooms shall not open directly into any room in
which milk and/or milk products for human consumption are processed
or stored. Toilet rooms shall be completely enclosed and shall have
tightfitting, self-closing doors. Dressing rooms, toilet rooms, and
fixtures shall be kept in a clean condition, in good repair, and
shall be well ventilated and well lighted. Sewage and other liquid
wastes shall be disposed of in a sanitary manner.
7. Water Supply. Water for milk
plant purposes shall be from a supply properly located, protected,
and operated and shall be easily accessible, adequate, and show no
evidence of contamination.
8. Handwashing Facilities.
Convenient handwashing facilities shall be provided, including hot
and cold and/or warm running water, soap, and individual sanitary
towels or other approved hand-drying devices. Handwashing facilities
shall be kept in a clean condition and in good repair.
9. Milk Plant Cleanliness. All
rooms in which milk and milk products are handled, processed, or
stored, and/or in which containers, utensils, or equipment are washed
or stored, shall be kept clean, neat, and free of evidence of insects
and rodents. Only equipment directly related to processing operations
or to handling of containers, utensils, and equipment shall be
permitted in the pasteurizing, processing, cooling, packaging, and
bulk milk storage rooms.
10. Sanitary Piping. All sanitary
piping, fittings, and connections which are exposed to milk and milk
products, or from which liquids may drip, drain, or be drawn into
milk or milk products, shall consist of smooth, impervious,
corrosion-resistant, non-toxic, easily cleanable material. All piping
and equipment shall be in good repair and conform to 3A Standards for
those pieces of equipment or systems to which 3A Standards
apply.
11. Construction
and Repair of Containers and Equipment. All multi-use containers and
equipment with which milk or milk products come into contact shall be
of smooth, impervious, corrosion-resistant, non-toxic material; shall
be constructed for ease of cleaning; and shall be kept in good repair
and conform to 3A Standards. For those pieces of equipment or systems
to which 3A Standards apply. All single-service containers, closures,
gaskets, and other articles with which milk or milk products come in
contact shall be non-toxic, and shall have been manufactured,
packaged, transported, and handled in a sanitary manner. Articles
intended for single-service use shall not be reused.
12. Cleaning and Sanitizing of
Containers and Equipment. The product-contact surfaces of all
multi-use containers, utensils, and equipment used in the
transportation, processing, handling, and storage of milk and milk
products shall be effectively cleaned and shall be sanitized before
each use. Provided, That storage tanks shall be cleaned when emptied
and shall be emptied at least every 72 hours. Storage tanks which are
used to store raw milk longer than 24 hours and silo tanks used for
the storage of raw milk, and which are installed after the adoption
of these Regulations shall be equipped with a 7-day temperature
recording device.
13.
Storage of Cleaned Containers and Equipment. After cleaning, all
multi-use milk and milk product containers, utensils, and equipment
shall be transported and stored to assure complete drainage and shall
be protected from contamination before use.
14. Storage of Single-Service
Containers, Utensils, and Materials. Single-service caps, cap stock,
plastics, parchment paper, containers, gaskets, and other
single-service articles for use in contact with milk and milk
products shall be purchased and stored in sanitary wrappings,
cartons, or suitably protected; shall be kept in a clean, dry place
until used; and shall be handled in a sanitary manner.
15. Protection from Contamination.
Milk plant operations, equipment, and facilities shall be located and
conducted to prevent any contamination of milk or milk products,
ingredients, equipment, containers, and utensils. All milk or milk
products or ingredients which have been spilled, overflowed, or
leaked shall be discarded. The processing or handling of products
other than milk or milk products in the pasteurization plant shall be
performed to preclude the contamination of such milk and milk
products. The storage, handling, and use of poisonous or toxic
materials shall be performed to preclude the contamination of milk
and milk products or ingredients of such milk and milk products or
the product-contact surfaces of all equipment, containers or
utensils.
16.
Pasteurization. Pasteurization of milk and milk products shall be
performed as specified in Regulation 1 -- Definition 40 of the
regulations. Provided that said products are processed in properly
designed and operated equipment which is approved by the
Commissioner; provided further, that nothing in the definition shall
be construed as barring any other pasteurization process which has
been recognized by the Commissioner to be equally
efficient.
17. Cooling of
Milk. All raw milk and milk products shall be maintained at 40
[degrees] F. or less until processed. All pasteurized milk and milk
products, except those to be cultured, shall be cooled immediately in
approved equipment to a temperature of 40 [degrees] F. or less. All
pasteurized milk and milk products shall be stored at a temperature
of 40 [degrees] F. or less and maintained thereat until delivered to
the consumer. Every room or tank in which milk or milk products are
stored shall be equipped with an accurate thermometer. Provided, That
aseptically processed milk and milk products to be packaged in
hermetically sealed containers shall be exempt from the cooling
requirements of this item.
18. Bottling and Packaging.
Bottling and packaging of milk and milk products shall be done at the
place of pasteurization in approved mechanical equipment.
19. Capping. Capping or closing of
milk and milk product containers shall be done in a sanitary manner
by approved mechanical capping and/or closing equipment. It is
recommended that the cap or closure shall protect the pouring
lip.
20. Personnel --
Cleanliness. Hands shall be thoroughly washed before commencing plant
functions and as often as may be required to remove soil and
contamination. No employee shall resume work after visiting the
toilet room without thoroughly washing his hands. All persons engaged
in the processing, pasteurization, handling, storage or
transportation of milk, milk products, containers, equipment, and
utensils shall wear clean outer garments. All persons engaged in the
processing of milk or milk products shall wear adequate hair
coverings and shall not use tobacco.
21. Vehicles. All vehicles used for
transportation of pasteurized milk and milk products shall be
constructed and operated so that the milk and milk products are
maintained at 40 [degrees] F. or less, and are protected from sun,
from freezing, and from contamination.
22. Surroundings. Milk plant
surroundings shall be kept neat, clean, and free from conditions
which might attract or harbor flies, other insects, and rodents, or
which otherwise constitute a nuisance.
Regulation 5 IMITATION DAIRY
PRODUCTS
All ingredients and the source of all ingredients
used in the manufacture and production of imitation dairy products
shall be approved by the Commissioner.
Regulation 6 NEW CONSTRUCTION
New milk plants shall not be built or existing
structures remodeled for use as milk plants unless the owner first
submits plans and specifications to the Commissioner and said plans
and specifications have been approved by him.
Regulation 7 PIPELINE MILKING
SYSTEMS
A milking machine dealer shall submit plans and
specifications, on forms furnished by the Commissioner, before
installing a pipeline milking system on any dairy farm. Pipeline
milking systems shall be so installed and maintained that milk
quality and flavor are not impaired.
Regulation 8 PERSONNEL HEALTH
No person affected with any disease in a
communicable form, or while a carrier of such a disease, shall work
or be employed at any dairy farm or milk plant in any capacity which
brings him into contact with the production, handling, storage, or
transportation of milk, milk products, containers, equipment, and
utensils; and no dairy farm or milk plant operator shall employ in
any such capacity any such person, or any person suspected of having
any disease in a communicable form, or of being a carrier of such
disease. Any producer or distributor of milk or milk products, upon
whose dairy farm, or in whose milk plant any communicable disease
occurs, or who suspects that any employee has contracted any disease
in a communicable form, or has become a carrier of such disease,
shall notify the Department of Agriculture.
Regulation 9 QUALITY TESTING
PROGRAM
1. Each handler shall file
their quality testing program annually with the Commissioner on
September 1, including the type of tests being made, the frequency of
each per month, the approved laboratory making such analyses and a
current list of producers' names, addresses and numbers. The
Commissioner shall be notified of any producer changes.
2. When requested, a handler will
send or cause to have sent to the Commissioner a copy of all
laboratory analysis. All other laboratory analysis results will be on
file at the receiving milk plant or review by the Commissioner.
Regulation 10
THE EXAMINATION OF MILK AND MILK PRODUCTS
It shall be the responsibility of the milk hauler to
collect a representative sample of milk from each farm bulk tank
prior to transferring milk from a farm bulk tank, truck, or other
container. All samples shall be collected and delivered to a milk
plant, receiving station, transfer station, or other location
approved by the Commissioner of Agriculture.
During any consecutive six months, at least four
samples of raw milk for pasteurization, taken and delivered in
accordance with this section, from each producer shall be obtained
under the direction of the Department of Agriculture or shall be
taken from each producer under the direction of the milk handler.
During any consecutive six months, at least four samples of raw milk
for pasteurization shall be taken, under the direction of the
Department of Agriculture, from each milk plant after receipt of the
milk by the plant and prior to pasteurization, ultra-pasteurization
or UHT processing. In addition, during any consecutive six months, at
least four samples of pasteurized milk and at least four samples of
each milk product defined in these Regulations shall be taken from
every milk plant. Samples of milk and milk products shall be taken
while in possession of the producer or distributor at any time prior
to final delivery. Samples of milk and milk products from dairy
retail stores, food service establishments, grocery stores, and other
places where milk and milk products are sold shall be examined
periodically as determined by the Department of Agriculture; and the
results of such examination shall be used to determine compliance
with Regulation 2. Proprietors of such establishments shall furnish
the regulatory agency upon request, with the names of all
distributors from whom milk or milk products are obtained.
Required bacterial counts, somatic cell counts,
antibiotic or inhibitor tests, and cooling temperature checks shall
be performed on raw milk for pasteurization. In addition, antibiotic
tests on commingled raw milk shall be conducted on each bulk load of
milk purchased from producers. All individual sources of milk shall
be tested when test results on the commingled milk are
positive.
Whenever two of the last four consecutive bacterial
counts, somatic cell counts, coliform determinations, butterfat or
solids nonfat content, or cooling temperatures, taken on separate
days, are not in compliance with the limit of the standard of milk
and/or milk products, the Commissioner of Agriculture shall send a
written notice thereof to the person concerned. This notice shall be
in effect so long as two of the last four consecutive samples exceed
the limit of the standard. An additional sample shall be taken within
21 days of the sending of such notice. Immediate exclusion of the
product from the market shall be instituted whenever the standard is
violated by three of the last five bacterial counts, coliform
determinations, butterfat or solids nonfat content, cooling
temperatures, or somatic cell counts.
Whenever a phosphatase test is positive, the cause
shall be determined. Where the cause is improper pasteurization, it
shall be corrected and any milk or milk product involved shall not be
offered for sale.
Whenever an antibiotic, inhibitor, or pesticide
residue test is positive, an investigation shall be made to determine
the cause, the cause shall be corrected. An additional sample shall
be taken and tested for antibiotic or pesticide residues and no milk
shall be offered for sale until it is shown by a subsequent sample to
be free of antibiotics or pesticide residues. The Commissioner of
Agriculture shall be notified of all positive antibiotic or pesticide
residue tests.
In the event that mastitic organisms are present in
the milk, the handler shall not purchase or handle the producer's
milk until the condition has been corrected, as indicated by a direct
microscopic examination. The Vermont Department of Agriculture shall
be immediately notified of this action and shall notify other
handlers in the area. No other handler shall purchase milk from a
producer so excluded for at least 60 days without written permission
from the Commissioner. In the event a producer's milk is excluded by
reason of mastitis, the licensed technician and/or the milk handler
shall identify and preserve for a period of 60 days the microscopic
slide used as the basis of exclusion. The handler shall resample an
excluded dairy within 24 hours of a request for resample by the
producer.
Samples shall be analyzed at an approved dairy
laboratory or appropriate officially designated laboratory. All
sampling procedures and required laboratory examinations shall be in
substantial compliance with the latest edition of "Standard Method
for the Examination of Dairy Products" of the American Public Health
Association, and the latest edition of "Official Methods of Analysis
of the Association of Official Analytical Chemists." Such procedure
including the certification of sample collectors, and examinations
shall be evaluated in accordance with "1978 Recommendations of the
United States Public Health Service/Food and Drug Administration."
Examinations and tests to detect adulterants, including pesticides,
shall be conducted as the Department of Agriculture requires. Testing
of milk and milk products to which vitamin(s) A and/or D have been
added, shall be conducted at least annually in a laboratory
acceptable to the Department of Agriculture.
Regulation 11 LABORATORY TECHNIQUES
Procedures for the collection and holding of
samples; the selection and preparation of apparatus, media, and
reagents; and the analytical procedures, incubation, reading, and
reporting of results, shall be in substantial compliance with
Standard Methods for the Examination of Dairy Products and the
Official Methods of Analysis of the Association of Official
Analytical Chemists. The procedures shall be those specified therein
for:
1. Standard Plate Count
at 32 [degrees] C.
2.
Lab. Past. Count at 32 [degrees] C.
3. Simplified methods for viable
counts of raw milk at 32 [degrees] C.
4. Coliform test with solid media
at 32 [degrees] C.
5.
Disc assay methods for antibiotics.
6. Screening and confirmatory
methods for the detection of abnormal milk.
7. APHA or AOAC phosphatase
tests.
8. Any other tests
which have been approved by the Department of Agriculture to be
equally accurate, precise, and practical.
Any one of the following four tests may be used for
screening raw milk samples to indicate a range of somatic cell
levels; California Mastitis Test, Whiteside Test, Wisconsin Mastitis
Test, or Single Strip Reticle Method.
One of the following three confirmatory tests shall
be used: Direct Microscopic Somatic Cell Counting, Electronic Somatic
Cell Counting, or Optical Somatic Cell Counting.
The results of the screening test or confirmatory
test, shall be recorded on the official records of the dairy farm and
a copy of the results sent to the milk producer.
The phosphatase test is an index of the efficiency of
the pasteurization process. In the event the laboratory phosphatase
test is positive, the cause shall be determined immediately. Where
the cause is improper pasteurization, it shall be corrected. When a
laboratory phosphatase test is positive, or if any doubt should arise
as to the compliance of the equipment, standards or methods used in
pasteurization, the Department of Agriculture should immediately
conduct an investigation.
