Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 15 - MILK › Section 11-15-41 - The examination of milk and milk products

Current through June, 2024
(a) During
				any consecutive six months, at least four samples of raw milk for
				pasteurization shall be taken by the director from each producer and four
				samples of raw milk for pasteurization, ultra-pasteurization or aseptic
				processing taken by the director from each milk plant after receipt of the milk
				by the milk plant and prior to pasteurization, ultra-pasteurization or aseptic
				processing. In addition, during any consecutive six months, at least four
				samples of pasteurized and ultra-pasteurized milk and at least four samples of
				each milk product defined in this chapter, except aseptically processed milk or
				milk products, shall be taken by the director from every milk plant. Samples of
				milk and milk products shall be taken while in possession of the producer or
				distributor at any time prior to delivery to the store or consumer. The
				producer or distributor shall incorporate a system which will enable the
				director to collect required samples. Samples of milk and milk products from
				retail stores, food service establishments, and other places where milk and
				milk products are sold shall be examined periodically as determined by the
				director, and the results of the examination shall be used to determine
				compliance with sections
				11-15-37,
				11-15-39,
				and
				11-15-47.
				Proprietors of such establishments shah furnish, upon the director's request,
				the names of all distributors from whom milk or milk products are
				obtained.
(b) Required bacterial
				counts, somatic cell counts, cooling temperature checks, and antibiotic tests
				shall be performed on raw milk for pasteurization. In addition, pesticide
				residue tests on raw milk shall be performed periodically as determined by the
				director. When commingled milk is tested, all producers shall be represented in
				the sample. All individual sources of milk shall be tested when test results on
				the commingled milk are positive. Required bacterial counts, antibiotic tests,
				coliform determination, phosphatase, and cooling temperature checks shall be
				performed on pasteurized milk and milk products. Pesticide residue tests on
				pasteurized milk and milk products shall be performed periodically as
				determined by the director. All of the above tests and checks are to be
				performed by the director.
(c)
				Except for aseptically processed milk and milk products, whenever two of the
				last four consecutive bacterial counts, somatic cell counts, cooling
				temperatures, taken on separate days exceed the limit of the standard for the
				milk or milk product as set forth in section
				11-15-42,
				the director shall send a written notice informing the permittee that the
				permit may be suspended if an additional sample exceeds the standard. This
				notice shall remain in effect as long as two of the last four consecutive
				samples exceed the limit of the standard. An additional sample shall be taken
				within twenty-one days of the sending of the notice, but not before the lapse
				of three days.
Except for aseptically processed milk and milk products,
				  whenever three of the last five consecutive bacterial counts, somatic cell
				  counts, cooling temperatures, or coliform determinations, taken on separate
				  days exceed the limit of the standard for the milk or milk product as set forth
				  in section
				  11-15-42,
				  the director shall send a written notice of intent to suspend the Grade "A"
				  milk permit to the permittee as stipulated in section
				  11-15-38(d).
When more than one milk or milk product is included on a
				  permit, the suspension shall apply to the milk or milk product in violation of
				  this chapter, and shall not affect other milk and milk products which meet the
				  requirements of this chapter.
(d) Whenever a phosphatase test is positive,
				the cause shall be determined. Where the cause is known or suspected to be
				improper pasteurization, it shall be corrected by the permittee, and any milk
				or milk product involved shall not be offered for sale.
(e) Whenever an antibiotic or pesticide
				residue test exceeds the limit established by this chapter, the United States
				Food and Drug Administration, or the United States Environmental Protection
				Agency, an investigation shall be made determine the cause, and the problem
				shall be corrected by the permittee. No milk shall be offered for sale until it
				is shown by a subsequent sample that the milk is free of antibiotic or
				pesticide residues or below the limit established for such residues.
(f) Whenever an aseptically processed milk or
				milk product is found to be unsterile due to under-processing, the director
				shall consider this to be an imminent hazard to public health. All product from
				the lot that was found to contain one or more unsterile units shall be removed
				from sale and disposed of as directed by the director. No aseptically processed
				milk and milk product shall be sold from the milk plant until it can be shown
				to the satisfaction of the director that the processes, equipment and
				procedures used are suitable for consistent production of a sterile
				product.
(g) Samples shall be
				analyzed by an official laboratory or an officially designated laboratory. All
				sampling procedures and required laboratory examinations shall be in Methods
				for the Examination of Dairy Products," a 1985 publication of the American
				Public Health Association, and the fourteenth edition, 1984, of the "Official
				Methods of Analyses of the Association of Official Analytical Chemists."
				Procedures and examinations shall be evaluated in accordance with the
				Evaluation of Milk Laboratories, 1978 Recommendations of the United States
				Public Health Service/Food and Drug Administration. Aseptically processed milk
				and milk products packaged in hermetically sealed containers shall be tested in
				accordance with Chapter 23 of the United States Food and Drug Administration's
				Bacteriological Analytical Manual, sixth edition, 1984. Examinations and tests
				shall be conducted to detect adulterants, as the director shall require. Assays
				of milk or milk products to which vitamins A or D have been added shall be made
				by the milk plant at least annually in a laboratory acceptable to the director
				for such examinations and at no cost to the director.