```

[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Proposed Rules]
[Pages 80280-80282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32925]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 58

[DA-10-0055]

Grading and Inspection, General Specifications for Approved 
Plants and Standards for Grades of Dairy Products; General 
Specifications for Dairy Plants Approved for USDA Inspection and 
Grading Service

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend the General Specifications for 
Dairy Plants Approved for United States Department of Agriculture 
(USDA) Inspection and Grading Service (General Specifications) by 
raising the maximum allowable somatic cell count in producer herd goat 
milk from 1,000,000 cells per milliliter to 1,500,000 cells per 
milliliter. This will ensure that goat milk can continue to be shipped 
and recognizes that goats have a need for different regulatory limits 
for somatic cells than cows.
    In addition this document proposes to eliminate mandatory sediment 
testing on producer milk except for milk in cans. The requirement for 
sediment testing has become outdated and is no longer needed.

DATES: Submit written or electronic comments on or before February 21, 
2012.

ADDRESSES: You may use any of the following methods to file comments on 
this action:
    By mail: Susan Sausville, Chief, Standardization Branch, Dairy 
Programs, STOP 0230 (Room 2746 South Building), Agricultural Marketing 
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
Washington, DC 20250-0230
    By fax: (202) 720-2643
    By internet: http://www.regulations.gov.
    By email: Susan.Sausville@ams.usda.gov.
    Comments should reference the docket number and the date and page 
number of this issue of the Federal Register. All comments submitted, 
including name and address, if provided will be included in the record 
and made available to the public via http://www.regulations.gov. The 
current General Specifications are available either from the above 
mailing address or by accessing the following internet address: http://www.ams.usda.gov/dairy/Genspecs.pdf.

FOR FURTHER INFORMATION CONTACT: Susan Sausville, Chief, 
Standardization Branch, Dairy Programs, AMS, USDA, telephone (202) 720-
9382 or email Susan.Sausville@ams.usda.gov.

SUPPLEMENTARY INFORMATION: 

A. Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget (OMB).

B. Regulatory Flexibility Act

    The proposed rule has been reviewed in accordance with the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), and AMS has 
considered the economic impact of this action on small entities. It is 
determined that its provisions would not have a significant economic 
impact on a substantial number of small entities.
    AMS provides, under the authority of the Agricultural Marketing Act 
of 1946, voluntary, user-fee funded inspection and grading services to 
approximately 400 dairy manufacturing plants. All of the dairy 
manufacturing plants utilizing the program would be considered small 
businesses under the criteria established by the Small Business 
Administration (13 CFR 121.201).
    The proposed amendments would not have a significant economic 
impact since participation in the USDA-approved plant program is 
voluntary and the cost to those utilizing the program would not 
increase.

[[Page 80281]]

C. Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. There are no administrative procedures that must be exhausted 
prior to any judicial challenge to the provisions of this rule.

D. Paperwork Reduction Act

    The information collection requirements that appear in Part 58 of 
the regulations have been previously approved by OMB and assigned OMB 
Control Number 0581-0110 under the Paperwork Reduction Act (44 U.S.C. 
chapter 35). This action will not impose any additional reporting or 
recordkeeping requirements on large or small dairy processors.

Background and Proposed Changes

    The proposed change for goat milk raises the maximum allowable 
somatic cell count from 1,000,000 to 1,500,000 cells per milliliter. 
Due to inherent differences between cows and goats, goat milk with a 
somatic cell count of 1,500,000 cells per milliliter can be produced 
from a healthy, non-mastitic udder and therefore is quality milk. The 
proposed change for goat milk will ensure its continued shipment and 
recognizes that goats have a need for different regulatory limits for 
somatic cells than cows. The need for a separate standard for goat milk 
was recognized by the National Conference on Interstate Milk Shipments 
(NCIMS), and a proposal to raise the somatic cell count in goat milk 
was approved at the 2009 NCIMS Conference. This proposed change will 
align the General Specifications for Dairy Plants Approved for USDA 
Inspection and Grading with the Grade A requirements for goat milk.
    The proposed change on sediment testing would eliminate the 
provisions imposing mandatory sediment testing on producer milk except 
for milk in cans. The requirement for sediment testing has become 
outdated and is no longer needed. The regulations governing sediment 
testing were promulgated in 1975 before dairy operations started using 
contained milking, storage, and transportation facilities for 
commercial milk production. The proposed change in sediment testing is 
based on the fact that the majority of milk sold in the United States 
is produced using automated milking equipment and systems that provide 
no opportunity for sediment contamination. Because milk production 
predominantly occurs in clean, modern facilities, using sealed lines, 
storage tanks and sanitary pumps with no ``manual handling'' sediment 
testing is no longer needed except for those producers using cans for 
milk collection where there is a risk of sediment contamination.

List of Subjects in 7 CFR Part 58

    Dairy products, Food grades and standards, Food labeling, Reporting 
and recordkeeping requirements.

    For the reasons set forth in the preamble, it is proposed that 7 
CFR part 58 be amended as follows:

PART 58--[AMENDED]

Subpart B--General Specifications for Dairy Plants Approved for 
USDA Inspection and Grading Service

    1. The authority citation for 7 CFR part 58, Subpart B, continues 
to read as follows:

    Authority:  Agricultural Marketing Act of 1946, 7 U.S.C. 1621-
1627.

    2. Amend Sec.  58.133 by revising paragraphs (b)(5) introductory 
text, (b)(5)(ii), and (b)(6) to read as follows:

Sec.  58.133  Methods for quality and wholesomeness determination.

* * * * *
    (b) * * *
    (5) Whenever the official test indicates the presence of more than 
750,000 somatic cells per ml. (1,500,000 per ml. for goat milk), the 
following procedures shall be applied:
* * * * *
    (ii) Whenever two out of the last four consecutive somatic cell 
counts exceed 750,000 per ml. (1,500,000 per ml. for goat milk), the 
appropriate State regulatory authority shall be notified and a written 
notice given to the producer. This notice shall be in effect as long as 
two of the last four consecutive samples exceed 750,000 per ml. 
(1,500,000 per ml. for goat milk).
    (6) An additional sample shall be taken after a lapse of 3 days but 
within 21 days of the notice required in paragraph (b)(5)(ii) of this 
section. If this sample also exceeds 750,000 per ml. (1,500,000 per ml. 
for goat milk), subsequent milkings shall not be accepted for market 
until satisfactory compliance is obtained. Shipment may be resumed and 
a temporary status assigned to the producer by the appropriate State 
regulatory agency when an additional sample of herd milk is tested and 
found satisfactory. The producer may be assigned a full reinstatement 
status when three out of four consecutive somatic cell count tests do 
not exceed 750,000 per ml. (1,500,000 per ml. for goat milk). The 
samples shall be taken at a rate of not more than two per week on 
separate days within a 3-week period.
* * * * *
    Amend Sec.  58.134 by revising the section heading, paragraphs (b), 
(c), (d), and (e) to read as follows:
* * * * *

Sec.  58.134  Sediment content for milk in cans.

    (b) Sediment content classification. Milk in cans shall be 
classified for sediment content, regardless of the results of the 
appearance and odor examination required in Sec.  58.133(a), as 
follows:

USDA Sediment Standard

    No. 1 (acceptable)--not to exceed 0.50 mg. or equivalent.
    No. 2 (acceptable)--not to exceed 1.50 mg. or equivalent.
    No. 3 (probational, not over 10 days)--not to exceed 2.50 mg. or 
equivalent.
    No. 4 (reject)--over 2.50 mg. or equivalent.
    (c) Frequency of tests. At least once each month, at irregular 
intervals, one or more cans of milk selected at random from each 
producer shall be tested.
    (d) Acceptance or rejection of milk. If the sediment disc is 
classified as No. 1, No. 2, or No. 3, the producer's milk may be 
accepted. If the sediment disc is classified No. 4 the milk shall be 
rejected: Provided that, If the shipment of milk is commingled with 
other milk in a transport tank the next shipment shall not be accepted 
until its quality has been determined before being picked up; however, 
if the person making the test is unable to get to the farm before the 
next shipment it may be accepted but no further shipments shall be 
accepted unless the milk meets the requirements of No. 3 or better. In 
the case of milk classified as No. 3 or No. 4, all cans shall be 
tested. Producers of No. 3 or No. 4 milk shall be notified immediately 
and shall be furnished applicable sediment discs and the next shipment 
shall be tested.
    (e) Retests. On test of the next shipment all cans shall be tested. 
Milk classified as No. 1, No. 2, or No. 3 may be accepted, but No. 4 
milk shall be rejected. The producers of No. 3 or No. 4 milk shall be 
notified immediately, furnished applicable sediment discs and the next 
shipment tested. This procedure of retesting successive shipments and 
accepting probational (No. 3) milk and rejecting No. 4 milk may be 
continued for not more than 10 calendar days. If at the end of this 
time all of the producer's milk does not meet

[[Page 80282]]

the acceptable sediment content classification (No. 1 or No. 2), it 
shall be rejected.

    Dated: December 14, 2011.
David R. Shipman,
Acting Administrator.
[FR Doc. 2011-32925 Filed 12-22-11; 8:45 am]
BILLING CODE 3410-02-P
```