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[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]               
[Page 61418-61419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-33]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. DA-10-03; AMS-DA-09-0053]

 
Milk for Manufacturing Purposes and Its Production and 
Processing; Requirements Recommended for Adoption by State Regulatory 
Agencies

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice; request for comments.

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SUMMARY: This document proposes to amend the recommended manufacturing 
milk requirements (Recommended Requirements) 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 proposal 
was initiated at the request of the National Association of Dairy 
Regulatory Officials (NADRO) and was developed in cooperation with 
NADRO, dairy trade associations, and producer groups. 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.

DATES: Submit written or electronic comments on or before December 6, 
2010.

ADDRESSES: You may use any of the following methods to file comments on 
this action:
    By Mail: Reginald Pasteur, Marketing Specialist, Standardization 
Branch, Dairy Programs, STOP 0230 (Room 2746-South Building), 
Agricultural Marketing Service, U.S. Department of Agriculture (USDA), 
1400 Independence Avenue, SW., Washington, DC 20250-0230.
    By Fax: (202) 720-2643.
    By e-mail: Via the electronic process available at the Federal 
eRulemaking portal at http://www.regulations.gov.
    Comments should reference the docket number and the date and page 
number of this issue of the Federal Register. Any comments received may 
be inspected at the above address during regular business hours (8 
a.m.-4:30 p.m.) or may be accessed via the Internet at http://www.regulations.gov.
    The current Recommended Requirements are available either from the 
above mailing address or by accessing the following internet address: 
http://www.ams.usda.gov/dairy/manufmlk.pdf. The proposed changes to the 
Recommended Requirements are also available from the above mailing 
address or by accessing the following internet address: http://www.ams.usda.gov/dairy/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Reginald Pasteur, Marketing 
Specialist, Standardization Branch, Dairy Programs, AMS, USDA, 
telephone (202) 720-7473 or e-mail Reginald.pasteur@ams.usda.gov.

SUPPLEMENTARY INFORMATION: Under the authority of the Agricultural 
Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), the U.S. 
Department of Agriculture maintains a set of model regulations relating 
to quality and sanitation requirements for the production and 
processing of manufacturing grade milk. These Recommended Requirements 
are developed by AMS and recommended for adoption and enforcement by 
the various States that regulate manufacturing grade milk. The purpose 
of the model requirements is to promote uniformity in State dairy laws 
and regulations relating to manufacturing grade milk.
    In consultation with representatives from NADRO, State regulatory 
agencies, Food and Drug Administration (FDA), and dairy industry trade 
associations, USDA prepared the Recommended Requirements to promote 
uniformity in State dairy laws and regulations for manufacturing grade 
milk. To accommodate changes that occur in the dairy industry, NADRO 
and various State officials request USDA to update the Recommended 
Requirements periodically.
    During its July 2009 annual meeting, NADRO passed a resolution 
requesting USDA to raise the maximum allowable somatic cell count for 
producer herd goat milk from 1,000,000 cells per milliliter to 
1,500,000 cells per milliliter to provide consistency with the current 
requirements in place for Grade A producer herd goat milk. Due to 
inherent difference between cows and goats, goat milk with a somatic 
cell of 1.5 million cells per milliliter can be produced from a 
healthy, non-mastitic udder and therefore, is quality milk. The need 
for a separate standard for goat milk was recognized by the National 
Conference on Interstate Milk Shipments (NCIMS) and was raised to 1.5 
million cells per milliliter at their 2009 conference. This proposed 
change will align the Recommended Requirements with the Grade A 
requirements for goat milk. AMS reviewed this resolution and developed 
a draft proposal that identified the changes associated with this 
request. This draft was provided to State regulatory officials and 
dairy trade association representatives for informal discussion prior 
to publication in the Federal Register. AMS is now soliciting comments 
on the proposed notice to the Recommended Requirements.
    The requirements of Executive Order 13132, Federalism, were 
considered in developing this notice, and it has been determined that 
this action does not have substantial effects on the States (the 
relationship between the National Government and the States or on the 
distribution of power and responsibilities among the various levels of 
government). The adoption of the Recommended Requirements by State 
regulatory agencies is voluntary. States maintain the responsibility to 
establish dairy regulations and continue to have the option to 
establish regulations that are different from the Recommended 
Requirements. A State may choose to have requirements less restrictive 
or more stringent than the Recommended Requirements. Their decision to 
have different requirements would not affect the ability of milk 
producers to market milk or of processing plants to produce dairy 
products in their State. AMS is publishing this notice with a 60-day 
comment period to provide a sufficient time for interested persons to 
comment on the changes.

[[Page 61419]]

    Based on information provided above, this notice seeks public 
comment on revising the somatic cell count for goat milk from 1,000,000 
cells per milliliter to 1,500,000 cells per milliliter in sections C7 
(9)(d) and C11 (e), (e)(2), and (f) of the Recommended Requirements.

    Dated: September 30, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-24985 Filed 10-4-10; 8:45 am]
BILLING CODE 3410-02-P
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