Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 59 - MILK AND DAIRY PRODUCTS (§§ 20-59-101 — 20-59-705) › Subchapter 2 - REGULATION OF MANUFACTURE AND SALE GENERALLY (§§ 20-59-201 — 20-59-248) › Section 20-59-214 - Unlawful acts - Insanitary plants

It shall be unlawful to handle, process, freeze, or manufacture milk and dairy products except in sanitary dairy products plants and under sanitary conditions. Any dairy product plant in which dairy products of any kind are manufactured or any store or salesroom, excepting a store or salesroom where milk or milk products are sold at retail in final packaged form, depot, or other place where milk or any product of milk is handled or kept for sale shall be sanitary. Dairy products plants shall be considered insanitary:
(1)
When milk, cream, or any product of either is received, purchased, or sold that does not meet the sanitary requirements set forth in this subchapter;
(2)
When the utensils or apparatus that come in contact with milk or its products are not surfaced with glass, stoneware, glazed metal, tin, or other noncorrodible material and are not taken apart and thoroughly washed and sterilized by means of boiling water or super-heated steam or other means equally effective as proved by AOAC International or the American Dairy Science Association. This must be done immediately following the completion of any processing operation or immediately following continued processing operations, and the utensils or apparatus must be suitably stored while not in use in such manner as to prevent contamination and sterilized upon reassembling just before the next day's operations. A plant shall also be considered insanitary if the cans or containers in which the milk, cream, or products of either are received, transported, or delivered are not thoroughly washed after emptying and before being sent out to be used again, or if any containers, utensils, apparatus, or equipment is used for any purpose other than that of handling milk and the products of milk. The transportation of dairy products not intended for human consumption in cans or containers used in the delivery of other milk products is expressly prohibited;
(3)
When the floor is not constructed of or covered with nonabsorbent material or if the floor is so constructed as to permit the flowing of water, milk, or other liquids underneath or among the interstices of the floor, where fermentation and decay can take place or if the floor cannot be readily kept free from dirt and properly drained;
(4)
When floor drains are not provided that will convey refuse milk, water, and sewage away to a point at least fifty (50) yards distant from the creamery or factory of dairy products or if any cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall be so located as to permit foul odors to reach the creamery or other factory of dairy products or storeroom or depot where milk or its products are sold or handled or if the creamery or factory of dairy products is not adequately and conveniently supplied with water free of pollution with sewage or contamination with pathogenic bacteria unless the water is subjected to efficient chlorination or otherwise treated to make it safe for use in connection with the manufacture of food products. This subdivision (4) shall not apply to cream stations as regards floor drains. However, it shall apply to cream stations in every other particular;
(5)
When the creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation;
(6)
When any dairy products plant is not separated by solid partitions from living quarters or toilet facilities, except that a self-closing door may be used between living quarters and the dairy products plant and a vestibule may be used to connect toilet facilities;
(7)
When all openings to the outer air are not provided with screens or other effective means so as to exclude flies and insects;
(8)
When upon the floor or walls any milk or its products or any filth is allowed to accumulate or ferment, decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any dairy products in a dairy products plant are unclean and not washed from time to time with reasonable frequency, and persons have a communicable disease, or if suitable toilet and lavatory facilities and clean towels are not provided for employees;
(9)
When tight, sound, and cleanable walls and ceilings are not provided; or
(10)
When supplies such as parchment paper, cartons, paper cans and bottles, fruits, nuts, egg products, flavoring, coloring, sugar, stabilizers, salt, and other materials and supplies used in the manufacture and packaging of dairy products are not stored, kept, and handled in such a way as to be free from contamination.
Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.