reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.250 - SAMPLE INTEGRITY

Current through August 31, 2023
Milk or cream samples must be handled, stored, and shipped in
				  a manner that maintains the integrity of the samples. Samples must be
				  maintained in a temperature range of thirty-three degrees (33°) to
				  forty-five degrees (45°) Fahrenheit (zero point fifty-five hundredths
				  degrees (0.55°) to seven point twenty-two hundredths degrees (7.22°)
				  Celsius). (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.260 - ABNORMAL TESTS

Current through August 31, 2023
Whenever an abnormal test occurs on a producer's sample, that
				  result may not be used as a basis of payment. (3-15-22)
01.
Alternate Tests
. In the case
				of an abnormal test, the official laboratory will use an average of the
				previous three (3) tests from that producer or another department approved
				method. (3-15-22)
02.
Accidents and Sampling Errors
. Laboratory accidents or sampling
				errors on milk or cream to be tested will not be used as official results and
				the criteria in Subsection
				260.01 will be instituted.
				(3-15-22)
03.
Documentation
. All abnormal tests must be documented by the person
				conducting the test. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.270 - DETAILED PRICING DESCRIPTION

Current through August 31, 2023
On each pay record to the seller, purchasers or procurers of
				  milk or cream must provide the seller with all pricing detail needed to
				  determine the net payment for the product sold. At a minimum, the detail must
				  include the following: (3-15-22)
01.
Pricing Method and Pounds Purchased
. If more than one (1) pricing
				method is used, the detail must include the pounds purchased at each method.
				The pricing method may include: (3-15-22)
a.
				The value of each component per pound; (3-15-22)
b. The total value of total component pounds;
				(3-15-22)
c. The yield formula type
				and value of the end product(s); or (3-15-22)
d. Fixed pricing type.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.280 - REGULATORY COMPLIANCE - INSPECTIONS AND RECORDS REVIEW

Current through August 31, 2023
The department shall have access at any time to official
				  laboratories to review testing procedures, records, or to conduct other
				  inspections or tests to determine compliance with Subchapter B and Title 37,
				  Chapter 5, Idaho Code. Any time a testing device is being operated to test for
				  milk components or other quality parameters, the department may provide samples
				  to an official laboratory, and require the official laboratory to immediately
				  process those samples in order to ensure compliance with Subchapter B of this
				  rule. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.281 - REGULATORY SAMPLES

Current through August 31, 2023
01.
Sample
				Set
. (3-15-22)
a. The department will
				provide sample sets to official laboratories, on a bi-weekly basis or at a
				frequency determined by the department to be necessary to ensure accurate
				component testing results. (3-15-22)
b. The department may provide regulatory
				samples from other sources if necessary. (3-15-22)
c. The official laboratory must immediately
				process the samples for those components used by the processor or procurer as a
				basis of payment while being observed by a department employee or
				representative. (3-15-22)
d. The
				official laboratory must evaluate the sample set using identical control
				standards and device settings which are used to routinely evaluate Idaho
				producer milk components for basis of payment. (3-15-22)
e. If the official laboratory is unable to
				process the samples due to maintenance or mechanical issues, the department may
				obtain and deliver an additional set of regulatory samples.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.282 - LICENSE SUSPENSION AND REVOCATION BASED ON REGULATORY SAMPLES

Current through August 31, 2023
01.
Two (2) Out of Four (4)
				Violation
. Whenever the average performance error of two (2) of the last
				four (4) rolling groups of thirteen (13) exceed the tolerance for milkfat,
				protein, or solids as set forth in Subsection
				281.04 of this rule, the
				Department will issue a written notice to the official laboratory. This notice
				is in effect as long as two (2) of the last four (4) rolling groups of thirteen
				(13) exceed the allowable tolerance for component testing. (3-15-22)
02.
License Suspension
. If two
				(2) out of four (4) of an official laboratory's rolling groups of thirteen (13)
				average are out of tolerance pursuant to Subsection
				281.04 of this rule, the
				Department will evaluate the following items prior to suspending the testing
				license. (3-15-22)
a. Two (2) out of Four (4)
				Testing Requirement. The average performance error of each component tested by
				an official laboratory under a two (2) out of four (4) violation notice must be
				within plus or minus thirty-one thousandths percent (.031%) protein,
				thirty-three thousandths percent (.033%) milkfat and sixty-five thousandths
				percent (.065%) other solids on all scheduled sample sets, until the official
				laboratory no longer exceeds the performance tolerance on two (2) out of four
				(4) rolling groups of thirteen (13) average. (3-15-22)
i. Test results from laboratories under a two
				(2) out of four (4) notice will be included in rolling group of thirteen (13)
				averages. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.290 - RECORD KEEPING

Current through August 31, 2023
Records must be maintained by the official laboratory in
				  accordance with this section, and must be made available for examination by the
				  department, upon the department's request. (3-15-22)
01.
General Provisions
.
				(3-15-22)
a. No record may be altered except
				that errors may be corrected by striking through the original entry and
				inserting the correct entry immediately adjacent to the original. A corrected
				entry shall be initialed by the person who made the corrected entry.
				(3-15-22)
b. Records may be
				maintained in paper or electronic format. In either case, the records must:
				(3-15-22)
i. Be effectively secured against
				loss or tampering. (3-15-22)
ii. Be
				readily retrievable for inspection by the dairy plant operator and the
				department. (3-15-22)
iii. If
				corrected, have the correction identified so that the reader may easily compare
				the corrected version to the original. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING › Section 02.04.05.291 - ENFORCEMENT

Current through August 31, 2023
01.
License Suspension
. The
				director may suspend official laboratory component testing from any laboratory
				not meeting the requirements set forth in Subchapter B until the official
				laboratory has satisfactorily demonstrated compliance with Subchapter B.
				(3-15-22)
02.
Effect of
				License Suspension
. If an official laboratory's license is suspended,
				the official laboratory cannot conduct component testing for use as a basis of
				payment and must use a licensed third-party laboratory. Procurers of milk who
				must use a licensed third-party laboratory must pay any associated component
				testing fees. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.304 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into
				  this Subchapter C only. (3-15-22)
01.
Standard Methods for the Examination of Dairy Products (Standard
				Methods)
. (17th Edition, June 1, 2004) published by the American Public
				Health Association. (3-15-22)
02.
United States Sediment Standards for Milk and Milk Products (September 1,
				1977) (USDA AMS Dairy Division)
. This document is available online at
https://www.ams.usda.gov/sites/default/files/media/USSedimentStandardsforMilkandMilkProducts.pdf
.
				(3-15-22)
03.
United States
				Standards for Grades of Butter (August 31, 1989) (USDA AMS Dairy
				Division)
. This document is available online at
https://www.ams.usda.gov/sites/default/files/media/Butter_Standard[1].pdf
(3-15-22)
04.
Appendix D
				"Standards for Water Sources" of the Grade "A" Pasteurized Milk
				Ordinance
. The Grade "A" Pasteurized Milk Ordinance, 2013 revision,
				published by the U. S. Department of Health and Human Services, Public Health
				Service, Food and Drug Administration. This document is available online at
https://www.fda.gov/media/123139/download
.
				(3-15-22)
05.
"Subpart E -
				Requirements for Licensed Dairy Plants," of the 'Milk for Manufacturing
				Purposes and Its Production and Processing, Recommended Requirements' published
				by USDA, AMS, Dairy Programs and made effective July 21, 2011
. Copies of
				this document may be obtained from the Idaho State Department of Agriculture or
				accessed online at
https://www.ams.usda.gov/sites/default/files/media/Milk%20for%20Manufacturing%20Purposes%20and%20its%20Production%20and%20Processing.pdf
(3-15-22)
06.
Grade "A"
				Pasteurized Milk Ordinance
. The Grade "A" Pasteurized Milk Ordinance,
				2019 revision, published by the U. S. Department of Health and Human Services,
				Public Health Service, Food and Drug Administration, except those provisions
				establishing raw milk standards for raw milk for pasteurization, available
				online at
https://www.fda.gov/media/140394/download
.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.320 - RAW MANUFACTURE GRADE MILK OR CREAM

Current through August 31, 2023
All raw milk or cream for manufacturing purposes from all
				  sources shall be based on the following quality specifications.
				  (3-15-22)
01.
Raw Milk
.
				The appearance and odor of acceptable raw milk is normal, fresh, and sweet and
				free from objectionable feed and other off odors that would adversely affect
				the finished dairy product. (3-15-22)
02.
Milk or Cream
. Milk or cream
				is unacceptable which: (3-15-22)
a. Is other
				than the lacteal secretion obtained by the complete milking of one (1) or more
				healthy cows, goats, sheep, or water buffalo properly kept and fed;
				(3-15-22)
b. Contains added water;
				(3-15-22)
c. Contains colostrum, is
				ropy, bloody or gives any indication of having come from diseased or injured
				udders; (3-15-22)
d. Contains
				filth, is contaminated with flies, earwigs or other insects, dirt, oil,
				economic poisons, pesticides or other foreign matter which renders it unfit for
				human consumption; (3-15-22)
e.
				Tests positive for antibiotics or inhibitors as tested by the accepted methods
				of the Standard Methods or by tests approved by the Department;
				(3-15-22)
f. In the case of cream,
				is rancid, putrid, or actively foaming; (3-15-22)
g. Is more than three (3) days or seventy-two
				(72) hours old when picked up at the Dairy Farm; (3-15-22)
h. Does not meet the quality standards as set
				forth in Subchapter C. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.321 - QUALITY REQUIREMENTS FOR MILK FOR MANUFACTURING PURPOSES

Current through August 31, 2023
01.
Basis
. The quality
				classification of raw milk for manufacturing purposes from each Producer shall
				be based on an organoleptic examination for appearance and odor, a drug residue
				test and quality control tests for sediment content, bacterial estimate and
				somatic cell count. (3-15-22)
a. At least once
				each month the Bulk Milk Haulers shall bring in not less than a two (2) ounce
				sample of mixed milk from a Producer's Farm Tank. The sample shall be taken in
				accordance with recommended procedures outlined in the Standard Methods.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.330 - BACTERIAL ESTIMATE CLASSIFICATION

Current through August 31, 2023
A laboratory examination to determine the bacterial estimate
				  shall be made on each Producer's milk at least once each month at irregular
				  intervals. Samples shall be analyzed at a laboratory approved by the
				  Department. (3-15-22)
01.
Methods of Testing
. Milk shall be tested for bacterial estimate by
				using testing methods approved by USDA or the Department: (3-15-22)
02.
Bacterial Estimate
				Procedures
. Whenever the bacterial estimate indicates the presence of
				more than two hundred thousand (200,000) bacteria per milliliter, the following
				procedures shall be applied: (3-15-22)
a. The
				Producer will be notified with a warning of the excessive bacterial estimate.
				(3-15-22)
b. Whenever two (2) of
				the last four (4) consecutive bacterial estimates exceed two hundred thousand
				(200,000) per milliliter, the Department shall be notified and a written
				warning notice given to the Producer. The notice is in effect so long as two
				(2) of the last four (4) consecutive samples exceed two hundred thousand
				(200,000) per milliliter. (3-15-22)
c. An additional sample will be taken between
				three (3) days and twenty one (21) days after the date of the written notice.
				Subsequent milkings shall be excluded from the market until the bacterial
				estimate of the sample is less than two hundred thousand (200,000) per
				milliliter. The Producer will be fully reinstated when three (3) out of four
				(4) consecutive bacterial estimate test do not exceed two hundred thousand
				(200,000) per milliliter. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.340 - REJECTED MILK

Current through August 31, 2023
A plant shall reject specific milk from a Producer if the
				  milk fails to meet the requirements for appearance and odor, if it is
				  classified No. 4 for sediment content, or if it tests positive for drug
				  residue. All reject milk shall be identified with a reject tag and/or colored
				  with harmless food coloring. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.341 - EXCLUDED MILK

Current through August 31, 2023
A Dairy Plant shall not accept milk from a Producer if:
				  (3-15-22)
01.
Probational
				Sediment Content
. The milk has been in a probational (No. 3) sediment
				content classification for more than ten (10) calendar days.
				(3-15-22)
02.
Exceeding
				Maximum Bacteria
. Three (3) of the last five (5) milk samples have
				exceeded the maximum bacteria estimate of two hundred thousand (200,000) per
				milliliter. (3-15-22)
03.
Maximum Somatic Cell Count
. Three (3) of the last five (5) milk
				samples have exceeded the maximum somatic cell count level of seven hundred
				fifty thousand (750,000) per milliliter or one million five hundred thousand
				(1,500,000) per milliliter for goat or sheep milk. (3-15-22)
04.
Positive Drug Test
. The
				Producer's milk shipments to either the Grade A or the manufacturing grade milk
				market currently are not permitted due to a positive drug residue test.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.350 - RECORDS OF TESTS

Current through August 31, 2023
Accurate records of the results of the milk quality and drug
				  residue tests for each Producer shall be kept on file for a period of not less
				  than twelve (12) months. The records shall be available for examination by the
				  Department. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.351 - SOMATIC CELL COUNT

Current through August 31, 2023
01.
Level of
				Somatic Cells
. A laboratory examination to determine the level of
				somatic cells shall be made on each Producer's milk at least four (4) times in
				each six (6) month period at irregular intervals. Samples shall be analyzed at
				a laboratory and by a method approved by the Department. (3-15-22)
02.
Procedures
. Whenever the
				confirmatory somatic cell count indicates the presence of more than seven
				hundred fifty thousand (750,000) somatic cells per milliliter, (one million
				five hundred thousand (1,500,000) per milliliter for goat and sheep) the
				following procedures shall be applied: (3-15-22)
a. The producer will be notified with a
				warning of the excessive somatic cell count. (3-15-22)
b. Whenever two (2) of the last four (4)
				consecutive somatic cell counts exceed seven hundred fifty thousand (750,000)
				per milliliter, (one million five hundred thousand (1,500,000) per milliliter
				for goat and sheep) the Department shall be notified and a written warning
				notice given to the Producer. The notice will be in effect so long as two (2)
				of the last four (4) consecutive samples exceed seven hundred fifty thousand
				(750,000) per milliliter, (one million five hundred thousand (1,500,000) per
				milliliter for goat and sheep). (3-15-22)
c. An additional sample shall be taken
				between three (3) days and twenty one (21) days after the date of the written
				notice. Subsequent milkings shall be excluded from the market until the somatic
				cell count of the sample is less than seven hundred fifty thousand (750,000)
				per milliliter, (one million five hundred thousand (1,500,000) per milliliter
				for goat and sheep). The Producer will be fully reinstated when three (3) out
				of four (4) consecutive somatic cell count tests do not exceed seven hundred
				fifty thousand (750,000) per milliliter, (one million five hundred thousand
				(1,500,000) per milliliter for goat and sheep). (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.360 - FARM REQUIREMENTS OF MILK FOR MANUFACTURING

Current through August 31, 2023
01.
Health of Herd
. (3-15-22)
a.
				Tuberculin Test. Cows and goats shall be located in a Modified Accredited Area,
				an Accredited Free State, or an Accredited Free Herd as determined by the US.
				Department of Agriculture (USDA). If the animals are not located in such areas,
				they shall be tested annually under the jurisdiction of the aforesaid program.
				All additions to the herd shall be from an area or from herds meeting those
				same requirements. (3-15-22)
b.
				Brucellosis Test. The cows shall be located in States consistent with
				Certified-Free status, or shall be involved in a milk ring test program or
				state of Idaho blood testing program. All additions to the herd shall be from
				an area or from herds meeting these same requirements. (3-15-22)
c. Abnormal Milk. Milk from animals known to
				be infected with mastitis or milk containing residues of antibiotics or others
				drugs, or milk containing pesticides or other chemical residues in excess of
				the established limits shall not be sold or offered for sale for human
				consumption. The milk shall be disposed of in a method approved by the
				Department. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.370 - DAIRY FARM PERMIT

Current through August 31, 2023
No milk for manufacturing purposes produced on non-permitted
				  Dairy Farm shall be bought or sold for human consumption. Inspections shall be
				  conducted pursuant to the construction and sanitation standards of the 2019
				  Pasteurized Milk Ordinance. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.380 - STANDARDS FOR BULK MILK HAULERS

Current through August 31, 2023
All Bulk Milk Haulers must possess a permit issued by the
				  Department and are subject to the provision of Appendix B in the Pasteurized
				  Milk Ordinance (PMO) and Title 37-3 and 37-4, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.390 - STANDARDS OF IDENTITY, LABELING, AND QUALITY STANDARDS FOR ICE CREAM AND FROZEN DAIRY PRODUCTS AND DESSERTS

Current through August 31, 2023
01.
Definitions
. The standards of identity for ice cream and frozen
				custards, frozen yogurt, frozen yogurt dessert mix, frozen yogurt dairy
				products, frozen dairy dessert, ice milk, sherbet and water ices are as defined
				by the Food and Drug Administration, United States Department of Health
				Education and Welfare, in Title 21, Part 135, of the Code of Federal
				Regulations. (3-15-22)
02.
Labeling
. Each of the products required to be labeled by Section
				37-1202, Idaho Code shall also
				bear on each container an identifiable code identifying the lot and/or date in
				which the product was manufactured. (3-15-22)
03.
Quality Standards
. The
				following quality standards must be met: (3-15-22)
a. Coliform Standard. A sample shall not
				exceed ten (10) coliform colonies per gram in two (2) of the last four (4)
				consecutive samples. (3-15-22)
b.
				Bacteria Standard. A sample shall not exceed twenty thousand (20,000) bacteria
				per gram in two (2) of the last four (4) consecutive samples. Whenever the
				dairy product is cultured, the bacteria test, using the standard plate count or
				equivalent method would not be applicable. (3-15-22)
c. Frequency of Tests. During any consecutive
				six (6) months, at least four (4) samples of ice cream and frozen dairy
				products and deserts will be collected and tested. If test results exceed the
				coliform or bacteria limit three (3) out of five (5) consecutive tests, the
				dairy product cannot be sold for human consumption. A subsequent sample must
				meet the quality standards before the dairy product may be sold for human
				consumption. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.391 - STANDARDS FOR BUTTER

Current through August 31, 2023
Butter grading will be performed in accordance with the
				  United States Standards for grades of butter as incorporated by reference.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter C - MANUFACTURE GRADE MILK › Section 02.04.05.395 - NEW DAIRY PRODUCTS

Current through August 31, 2023
01.
General
. Upon request of any interested person, the Director may
				establish a temporary definition and standard for a new dairy product provided,
				all the following conditions exist: (3-15-22)
a. Research in the uses of milk and the
				products or by products of milk has developed a new dairy product for which no
				definition or standard is prescribed. (3-15-22)
b. The new dairy product cannot be produced
				or marketed because no definition in standard is prescribed for it.
				(3-15-22)
c. The public interest
				would be served by the dairy product. (3-15-22)
d. The quality, wholesomeness and
				manufacturing requirements of the dairy product are at least equal to
				established standards for similar dairy products. (3-15-22)
e. The dairy product is labeled in accordance
				to guidelines for a food product and approved by the Department.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK › Subchapter D - LICENSED DAIRY PLANTS › Section 02.04.05.404 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following document is incorporated by reference in this
				  subchapter D only: (3-15-22)
01.
"Subpart E -- Requirements for Licensed Dairy Plants," of the 'Milk for
				Manufacturing Purposes and Its Production and Processing, Recommended
				Requirements' published by USDA, AMS, Dairy Programs and made effective July
				21, 2011
. Copies of this document may be obtained from the Idaho State
				Department of Agriculture or accessed online at
https://www.ams.usda.gov/sites/default/files/media/Milk%20for%20Manufacturing%20Purposes%20and%20its%20Production%20and%20Processing.pdf
(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.010 - DEFINITIONS

Current through August 31, 2023
The following definitions apply in the interpretation and the
				enforcement of this chapter: (3-31-22)
01.
Adulterated
. The meaning of
			 adulterated includes the following: (3-31-22)
a. The addition or inclusion of unclean,
			 unwholesome, inferior, impure or foreign material into a food product; or
			 (3-31-22)
b. The production,
			 distribution, or sale of raw milk or raw milk products from a facility that
			 does not possess a valid permit from the Department or is not registered with
			 the Department as a Herd Share program; or (3-31-22)
c. Any raw milk product or facility that
			 fails to meet any of the requirements of these rules.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.012 - ADULTERATED OR MISBRANDED RAW MILK OR RAW MILK PRODUCTS

Current through August 31, 2023
01.
Prohibited Acts
. No person
			 shall produce, provide, sell, offer, or expose for sale, or possess with intent
			 to sell, within the State or its jurisdiction, any adulterated or misbranded
			 raw milk or raw milk products for human consumption. (3-31-22)
02.
Restriction on Sale
. Raw
			 milk or raw milk products may not be sold or offered for sale through
			 restaurants or other food service establishments. Grocery stores and similar
			 establishments where raw milk or raw milk products are sold at retail, but not
			 processed there, are exempt from the requirements of these rules, provided
			 those stores and establishments receive raw milk or raw milk products from
			 Department-authorized facilities. The sale of raw milk and raw milk products,
			 produced under the authority of these rules, is limited only to locations
			 within the state of Idaho. (3-31-22)
03.
Disposition of Adulterated or
			 Misbranded Product
. Any adulterated or misbranded raw milk or raw milk
			 product may be impounded and disposed of as directed by the Department. The
			 Department may issue a hold order when it is deemed necessary to protect human
			 health. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.013 - STANDARDS FOR RAW MILK AND RAW MILK PRODUCTS

Current through August 31, 2023
01.
Requirements
. All raw milk and raw milk products shall be produced
			 and processed to conform with the standards listed in Subsection
			 013.02 of this rule.
			 (3-31-22)
02.
Testing
			 Standards
. Test results must be submitted to ISDA no later than the last
			 day of the calendar month in which the previous test was conducted.
RAW MILK
Brucellosis Test
All raw milk must be from animals that have received
						  one of the following tests:
Bovine - Negative Brucellosis Test (blood or milk) - no
						  less than every 12 months
Goats - Negative Brucellosis Card Test - no less than
						  every 12 months
Sheep - Negative Brucella Ovis Test - no less than
						  every 12 months
Tuberculosis Test
All raw milk must be from animals that have been
						  accredited as tuberculosis free or must have passed a tuberculosis test within
						  the last twelve (12) months.
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.014 - LABELING

Current through August 31, 2023
01.
Applicability
. Section
			 014 applies to holders of Raw Milk
			 Permits. (3-31-22)
02.
Requirements
. All raw milk and raw milk products must have
			 Department-approved labeling, with the exception of containers provided by
			 customers. All bottles, containers, and packages enclosing raw milk or raw milk
			 products must be conspicuously marked with the following: (3-31-22)
a. The word "raw" must precede the name of
			 the product; (3-31-22)
b. The
			 quantity of contents; (3-31-22)
c.
			 The name and address or permit number of the permit holder; and
			 (3-31-22)
d. When applicable, the
			 word "goat" or "sheep" must precede the name of the raw milk or raw milk
			 products. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.020 - RAW MILK PERMITS

Current through August 31, 2023
01.
Legal
			 Sale
. It is unlawful for any person who does not possess a raw milk
			 permit from the Department to produce, process, sell, or offer for sale raw
			 milk or raw milk products for human consumption to persons other than members
			 of the dairy farm's immediate household. (3-31-22)
02.
Permit Requirements
. Prior
			 to the issuance of a raw milk permit, each dairy farm must comply with the
			 following requirements: (3-31-22)
a. Submit an
			 application to the Department indicating the physical location of the dairy and
			 the mailing address of the responsible party; (3-31-22)
b. Meet the tuberculosis and brucellosis
			 standards as set forth in Section
			 013 of these rules;
			 (3-31-22)
c. All raw milk and raw
			 milk products must be produced and processed on the same premises.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.030 - NUTRIENT MANAGEMENT PLANS

Current through August 31, 2023
All raw milk dairy farms with animals registered to the raw
				milk program that exceed a cumulative total of thirty (30) Animal Units shall
				be required to have a Dairy Nutrient Management Plan (DNMP) that is approved by
				the Department and conforms to the requirements set forth in IDAPA 02.04.14,
				"Rules Governing Dairy Byproduct," and IDAPA 02.04.30, "Rules Governing
				Environmental and Nutrient Management." (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.040 - HERD SHARE PROGRAMS

Current through August 31, 2023
The dairy farm or farmer responsible for a herd participating
				in a herd share program must register the farm or dairy with the Department and
				is subject to all the provisions of Section
				37-1101, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.13 - RULES GOVERNING RAW MILK › Section 02.04.13.050 - PERMIT ENFORCEMENT

Current through August 31, 2023
Section
				050 applies to the enforcement of
				Raw Milk Permits. (3-31-22)
01.
Permit Suspension
. The Department may suspend a permit whenever it
			 has reason to believe that a public health hazard exists, whenever the permit
			 holder has violated any of the requirements of these rules, or whenever the
			 permit holder has interfered with the Department in the performance of its
			 duties. (3-31-22)
a. Prior to suspending a
			 permit, the Department will serve a written notice of intent to suspend the
			 permit that specifies the alleged violation(s). Reasonable opportunity to
			 correct the violation(s) will be given before the permit suspension order
			 becomes effective. A permit suspension will remain in effect until the
			 violation has been corrected to the satisfaction of the Department.
			 (3-31-22)
b. Whenever the raw milk
			 or raw milk products create or appear to create an imminent hazard to the
			 public health, the Department may immediately suspend the permit without the
			 prior notice procedure set forth in these rules. The Department will provide
			 notice and opportunity for hearing after the suspension, in accordance with
			 Title 67, Chapter 52, Idaho Code. (3-31-22)
c. Upon written request by any person whose
			 permit has been suspended, or by any person who has been served with a notice
			 of intent to suspend, the Department will proceed to a hearing and, upon
			 evidence presented at such hearing, may affirm, modify, or rescind the
			 suspension or intention to suspend. (3-31-22)
d. The Department may forego permit
			 suspension provided the raw milk or raw milk products in violation are not
			 sold, offered for sale, or distributed for human consumption.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into this
				chapter. (3-31-22)
01.
Natural
			 Resources Conservation Service Agricultural Waste Management Field Handbook
			 Appendix 10D (Appendix 10D) (1997 Edition) (USDA, NRCS)
. This document
			 is available online at
https://agri.idaho.gov/main/wp-content/uploads/2017/08/nrcs_10d_1997.pdf
.
			 (3-31-22)
02.
Nutrient
			 Management Standard (NMS)
. The 1999 publication by the United States
			 Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)
			 Idaho Conservation Practice Standard, Nutrient Management Code 590, available
			 online at
https://agri.idaho.gov/main/wp-content/uploads/2017/08/nutrient_Management_code_590.pdf
.
			 (3-31-22)
03.
Natural
			 Resources Conservation Service (NRCS) Idaho Conservation Practice Standard
			 Waste Storage Facility Code 313 December 2004
. This document is
			 available online at
https://agri.idaho.gov/main/wp-content/uploads/2017/10/nrcs_313_Dec_2004.pdf
.
			 (3-31-22)
04.
American
			 Society of Agricultural and Biological Engineers Specification ASAE EP393.3
			 Manure Storages February 2004
. This document is part of a copyrighted
			 publication and is available for viewing at the ISDA offices or a copy may be
			 purchased online at
http://www.asabe.org/
. (3-31-22)
05.
Natural Resources Conservation
			 Service (NRCS) Web Soil Survey Database
. This document is available
			 online at
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx
.
			 (3-31-22)
06.
Natural
			 Resources Conservation Service (NRCS) Part 630, Hydrology National Engineering
			 Handbook, Chapter 7, (Hydrologic Soil Groups), January 2009
. This
			 document is available online at
			 https://www.wcc.nrcs.usda.gov/ftpref/wntsc/H&H/NEHhydrology/ch7.pdf.
			 (3-31-22)
07.
The Phosphorus
			 Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source
			 Pollution of Idaho Waters by Agricultural Phosphorus, 2017
. This
			 document is available online at
https://agri.idaho.gov/main/wp-content/uploads/2018/12/Phosphorus-Site-Index-reference-2017-revised.pdf
.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.011 - ABBREVIATIONS

Current through August 31, 2023
01.
ASABE
. American Society of
			 Agricultural and Biological Engineers. (3-31-22)
02.
IPDES
. Idaho Pollutant
			 Distribution Elimination System. (3-31-22)
03.
NMS
. Nutrient Management
			 Standard (3-31-22)
04.
NRCS
. Natural Resources Conservation Service. (3-31-22)
05.
USDA
. United States
			 Department of Agriculture. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.030 - DAIRY ENVIRONMENTAL MANAGEMENT PLAN APPROVAL

Current through August 31, 2023
01.
Dairy Storage and Containment Facility Criteria
. (3-31-22)
a. Dairy storage and containment facilities
			 shall be constructed to meet a minimum of one hundred eighty (180) days of
			 holding capacity. Process water containment structures that are utilized as the
			 secondary or final storage for effluent shall have a minimum two (2) vertical
			 feet of freeboard. Process water and containment structures that are not the
			 secondary or final storage for effluent shall have a minimum one (1) vertical
			 feet of freeboard. (3-31-22)
b.
			 Earthen dairy storage and containment facilities less than ten (10) vertical
			 feet high with a maximum high water line of eight (8) vertical feet shall have
			 a top embankment width of at least eight (8) feet. The combined embankment
			 slopes must be at least five (5) horizontal to one (1) vertical, and shall not
			 exceed two (2) horizontal to one (1) vertical slope. Earthen dairy storage and
			 containment facilities greater than ten (10) vertical feet from the naturally
			 occurring ground level shall meet the NRCS Idaho Conservation Practice Standard
			 Waste Storage Facility Code 313 December 2004 embankment requirements.
			 (3-31-22)
c. The inside bottom of
			 the dairy storage and containment facility shall be a minimum of two (2) feet
			 above the high water table, bed rock, gravel, or permeable soils. For an
			 earthen dairy storage and containment facility, a soil liner shall be installed
			 such that the specific discharge rate of the containment structure meet 1 x
			 10-6 cm3/cm2/ sec or less. Concrete or synthetic liners must be constructed to
			 ASAE and Appendix 10D specifications. (3-31-22)
d. Storage areas for dairy byproduct,
			 including compost and solid manure storage areas, shall be appropriately
			 protected to prevent run on, run off, and contamination of ground and surface
			 water. (3-31-22)
e. Dairy
			 environmental management systems shall be maintained in a condition that allows
			 the producer to regularly inspect the integrity of the systems.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.031 - PHOSPHORUS MANAGEMENT

Current through August 31, 2023
Dairy farms shall utilize either Phosphorus Indexing (Section
				031.01) or the Phosphorus
				Threshold (Section 031.02) to
				manage nutrient application. (3-31-22)
01.
Phosphorus Indexing
. The
			 dairy farm shall utilize phosphorus site indexing (PSI) for each field where
			 dairy byproducts and/or commercial fertilizers are land applied and for each
			 pasture utilized for grazing, in accordance with the 2017 Idaho Phosphorus Site
			 Index Standards. The PSI shall be calculated by a Nutrient Management Planner,
			 certified by the Department, and be included as a component of the DNMP in the
			 dairy farm's Environmental Management Plan. It shall be the dairy farm's
			 responsibility to provide updated information, including annual soil test
			 results, to the Nutrient Management Planner for calculation of the PSI on all
			 fields and pastures on an annual basis. Failure to abide by the nutrient
			 application and management provisions of a field or pasture's PSI risk
			 classification in the DNMP shall constitute a non-compliance and the producer
			 may be penalized as provided in these rules. (3-31-22)
a. Notwithstanding anything to the contrary
			 in the 2017 Idaho Phosphorus Site Index Standards, no land application of
			 phosphorus shall be permitted on any fields or pastures that possess a soil
			 phosphorus level exceeding three hundred (300) parts per million, as determined
			 by the required annual soil test (via Olsen method). Further, the dairy farm
			 shall not receive BMP Coefficient credit for implementing any best management
			 practice designed to reduce phosphorus loss on fields exceeding three hundred
			 (300) parts per million, via Olsen method. (3-31-22)
b. The Department may award zero (0) or
			 partial BMP Coefficient credit when a dairy farm implements a best management
			 practice designed to reduce phosphorus loss from fields that does not fully
			 conform to NRCS standards or the standards set forth in the 2017 Idaho
			 Phosphorus Site Index Standards BMP definition section.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.040 - INSPECTIONS

Current through August 31, 2023
Each dairy farm shall be inspected at intervals sufficient to
				determine that dairy byproducts and process water have been managed to prevent
				an unauthorized discharge, unauthorized release, or contamination of surface
				and ground water. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.050 - COMPLIANCE SCHEDULES

Current through August 31, 2023
01.
Non-Compliance or Unauthorized Release Violations
. Appropriate
			 corrective actions will be identified and informally scheduled when items of
			 non-compliance or unauthorized release violations are identified. The Director
			 may develop a formal compliance schedule in the following cases: (3-31-22)
a. Failure to complete corrective actions
			 within thirty (30) days; or (3-31-22)
b. Corrective actions require significant
			 capital investment; or (3-31-22)
c.
			 Informal schedules have not been followed. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.14 - RULES GOVERNING DAIRY BYPRODUCT › Section 02.04.14.060 - UNAUTHORIZED DISCHARGES AND UNAUTHORIZED RELEASES - PENALTIES

Current through August 31, 2023
Non-compliance with requirements for dairy environmental
				systems, the NMS, and DNMP shall be addressed through corrective actions and
				compliance schedules pursuant to these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.15 - RULES GOVERNING BEEF CATTLE ANIMAL FEEDING OPERATIONS › Section 02.04.15.001 - SCOPE

Current through August 31, 2023
These rules govern the design, function, and management
				practices of waste systems on beef cattle animal feeding operations. Nothing in
				this rule affects the authority of the Department of Environmental Quality to
				enforce an IPDES permit for dairy farms that discharge pollutants to waters of
				the United States, including without limitation, the authority to issue
				permits, access records, conduct inspections and take enforcement actions. The
				provisions of this rule do not alter the requirements, liabilities, and
				authorities with respect to or established by the IPDES program.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.04.15 - RULES GOVERNING BEEF CATTLE ANIMAL FEEDING OPERATIONS › Section 02.04.15.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into this
				chapter: (4-6-23)
01.
The 1997
			 United States Department of Agriculture Natural Resources Conservation Service
			 Agricultural Waste Management Field Handbook, Appendix 10 D
. This
			 document can be viewed online at
			 http://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=17767.wba.
			 (4-6-23)
02.
Society of
			 Agricultural and Biological Engineers Specification ASAE EP393.3 Manure
			 Storages February 2004
. This document is part of a copyrighted
			 publication and is available for viewing at the ISDA offices or a copy may be
			 purchased online at
http://www.asabe.org/
. (4-6-23)
03.
The 1999 Publication by the United
			 States Department of Agriculture, Natural Resource Conservation Service,
			 Conservation Practice Standard, Nutrient Management Code 590
. This can
			 be viewed online at
https://agri.idaho.gov/main/wp-content/uploads/2017/08/nutrient_Management_code_590.pdf
.
			 (4-6-23)
04.
The Phosphorus
			 Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source
			 Pollution of Idaho Waters by Agricultural Phosphorus, 2022
. This
			 document is available online at
https://agri.idaho.gov/main/wp-content/uploads/2022/03/PSIBeef.pdf
.
			 (4-6-23)