No. 27069 (Amendment): R70-330. Raw Milk for Retail

DAR File No.: 27069
Filed: 04/09/2004, 09:41
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to this rule are established to clearly identify the requirements for the production, distribution, and sale of raw milk for retail within the State of Utah.

 

Summary of the rule or change:

The changes to this rule are established to clearly identify the requirements for the production, distribution, and sale of raw milk for retail within the State of Utah.

 

State statutory or constitutional authorization for this rule:

Section 4-3-2

 

Anticipated cost or savings to:

the state budget:

There will be no anticipated cost or savings to the state budget. The changes to this rule are for the clarification of the requirements for the production, distribution, and sale of raw milk for retail.

 

local governments:

There will be no anticipated cost or savings to local government. The changes to this rule are for the clarification of the requirements for the production, distribution, and sale of raw milk for retail.

 

other persons:

There will be no cost or savings due to the changes being made in this rule. The changes are for the clarification of the requirements for the production, distribution, and sale of raw milk for retail.

 

Compliance costs for affected persons:

There is no compliance cost associated with the changes to this rule. The purpose of the changes are for clarification to the requirements for the processing of raw milk.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The changes to the requirements for the processing of raw milk are being made for the safety of the consumer.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3087

 

Direct questions regarding this rule to:

Don McClellan, Marolyn Leetham, or Chris Crnich at the above address, by phone at 801-538-7145, 801-538-7114, or 801-538-7150, by FAX at 801-538-7126, 801-538-7126, or 801-538-4949, or by Internet E-mail at [e-mail], [e-mail], or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/01/2004

 

This rule may become effective on:

06/02/2004

 

Authorized by:

Cary G. Peterson, Commissioner

 

 

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-330. Raw Milk for Retail.

R70-330-1. Authority.

A. Promulgated under the authority of Section 4-3-2.

B. Scope: This rule establishes the requirements for the production, distribution, and sale of raw milk for retail.

 

R70-330-2. Raw Milk Defined.

Raw milk for retail shall be milk as defined by law that has not been pasteurized. The word milk shall be interpreted to include [goat milk]the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy hoofed mammals.

 

R70-330-3. Permits.

A permit shall be required to sell raw milk for retail. Such permit shall be suspended when these rules or applicable sections of the Utah Dairy Act, Utah Code Annotated (UCA), Vol. 1, Title 4, Chapter 3, are violated.

 

R70-330-4. Building and Premises Requirements.

The building and premises requirements at the time of the issuance of a new permit shall be the same as the current Grade A building guidelines. In addition to these guidelines, there shall be separate rooms provided for (1) packaging and sealing of raw milk, [and ](2) the washing of returned multi-use containers [are used.]when applicable, and (3) [These rooms shall meet or exceed the construction standards of a Grade A milkhouse. A]a sales room [shall be provided ]for the sale of raw milk in a properly protected [sales ]area that is not located in any of the milk handling rooms. These rooms shall meet or exceed the construction standards of a Grade A milkhouse.

 

R70-330-5. Sanitation and Operating Requirements.

A. The Utah Department of Agriculture and Food, with the concurrence of the U.S. Food and Drug Administration (FDA) strongly advises against the consumption of raw milk. There are numerous documented outbreaks of milkborne disease involving Salmonella and Campylobacter infections directly linked to the consumption of un-pasteurized milk. Cases of raw milk associated campylobacteriosis have been reported in the states of Arizona, California, Colorado, Georgia, Kansas, Maine, Montana, New Mexico, Oregon, Pennsylvania, and Utah. An outbreak of samonellosis, involving 50 cases was confirmed in Ohio in 2002. Recent cases of E. coli 0157:H7, Listeria monocytogenes, and Yersinia enterocolitica infections have also been attributed to raw milk consumption.

[A]B. Sanitation and operating requirements of all raw milk facilities shall be the same as that required on a Grade A dairy farm producing milk for pasteurization. [except that the m]Milk packaging areas and container washing areas at the raw milk facilities shall meet the requirements for Grade A pasteurized milk processing plants.

[B]C. All milk shall be cooled to [45]41 degrees F. or less within two hours after milking, provided that the blend temperature after the first milking and subsequent milkings does not exceed 50 degrees F. Milk not handled in this manner may be deemed adulterated and shall not be sold.

D. The sale and delivery of raw milk shall be made on the premise where the milk is produced and packaged. The sale shall be to consumers for household use and not for resale. The sale of block cheese, when held at 35 degrees F. for 60 days or longer, may be sold at retail or for wholesale distribution, at locations other than the premise where the milk was produced.

E. All products made from raw milk including cottage cheese, buttermilk, sour cream, yogurt, heavy whipping cream, half and half, butter, and ice cream shall not be allowed for sale in Utah to individual consumers due to potential negative public health implications of such products.

 

R70-330-6. Testing.

A. Raw Milk for Retail Testing.

1. The requirements, standards, and enforcement procedures for testing [for abnormal] raw milk for retail[,] to include: added water, antibiotics, pesticides, and/or other adulterants shall be the same as those used for raw milk for Grade A.

2. The requirements, standards, and enforcement procedures for testing for Somatic Cell Count (SCC) in raw milk for retail, shall be that the Somatic Cell Count shall not exceed 350,000 cells per milliliter (ml).

[2]3. [Bacteria and Coliform. ]The requirements, standards, and enforcement procedures for testing for bacteria and coliform shall be the same as those prescribed for Grade A pasteurized milk. The bacterial standard shall be a Standard Plate Count (SPC) of no more than 20,000 per ml.; [S.P.C. ]Coliform count shall not exceed 10 per [milliliter]ml.

B. Animal Health Tests.

1. General herd health examination. Prior to inclusion in a raw milk supply, and each six months thereafter, all animals shall be examined by a veterinarian. Each animal in the herd must be positively identified as an individual. This examination shall include an examination of the milk by the California Mastitis Test (CMT), [and] shall include a statement of the udder health of each animal, [as well as]and a general systemic health evaluation.

2. Tuberculosis [T]test[s]ing. Prior to inclusion in a raw milk supply, each animal shall have been tested for tuberculosis within 60 days prior to the beginning of milk production and shall be retested for tuberculosis once each year thereafter. All positively reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11.

3. Brucellosis testing. Each animal from which raw milk for retail is produced shall be positively identified as a properly vaccinated animal or shall be negative to the official blood [ring ]test for brucellosis within [60]30 days prior to the beginning of [milk production]each lactation. All positively [-]reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11. Goats and sheep shall be tested once each year for brucellosis with the official blood test and all positively reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11.

4. Bulk tank milk testing. All [cow's]raw milk for retail shall be bulk tank tested at least four times yearly with the brucella milk ring test. If such brucella ring test is positive for brucellosis, then each [cow]animal in the herd shall be tested with the official blood test and any reactors found shall be immediately sent to slaughter in accordance with R58-10 and R58-11.[ Goats shall be tested once each year for the official blood ring test and all positively reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11.]

C. Personnel Health.

Each employee of the dairy working in the milk handling operation shall obtain a valid medical examination health card signed by a physician and approved by the [D]department once each year or shall hold a valid food handler's permit. No person shall work in a milk handling operation if infected from any contagious illness or if they have on their hands or arms any exposed infected cut or lesion. If there is any question in this regard, the [D]department may ask for an additional certification from a physician that this person is free from disease which may be transmitted by milk.

 

R70-330-7. Packaging and Labeling.

A. Label Requirements.

The consumer containers for raw milk for retail shall be furnished by the permittee and shall be labeled with the following information:

1. The common or usual name of the product without grade designation. The common name for raw milk is "Raw Milk". If it is other than cow's milk, the word "milk" shall be preceded with the name of the animal, i.e., "Raw Goat Milk".

2. The name, address, and zip code of the place of production and packaging.

3. Proper indication of the volume of the product either on the container itself or on the label.

4. Nutritional labeling information when applicable.

5. The phrase: "Studies have established a direct causal link between gastrointestinal disease and the consumption of raw milk. Raw milk, no matter how carefully produced, may be unsafe.", shall appear on the label in a conspicuous place. The height of the smallest letter shall be no less than one sixteenth inch.

[5]6. Other provisions of labeling laws in effect in Utah as they apply to dairy/food products.

B. Products not labeled as required shall be deemed misbranded.

 

KEY: food inspection

[1994]2004

Notice of Continuation August 24, 2001

4-3-2