Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS › APPENDICES › Appendix E - EXAMPLES OF 3-OUT-OF-5 COMPLIANCE ENFORCEMENT PROCEDURES

Current through Register Vol. 42, No. 9, June 28, 2024
The following tables provide several useful examples in the
				  application of the enforcement system described in Section 6. While the
				  illustrations given relate only to pasteurized milk bacterial counts and
				  somatic cell counts of raw milk, the method is applied, in like fashion, to the
				  enforcement of established standards for cooling temperature, coliform limits,
				  etc. Pasteurized milk or milk product that shows a positive phosphatase
				  reaction and milk or milk product in which the presence of drug residue,
				  pesticides, or other adulterants is found, shall be dealt with as indicated in
				  420-3-16(3) and 420-3-16(8), respectively.
TABLE 11
Example of Enforcement Procedures for
								Pasteurized Milk Laboratory Examinations
Date
Bacterial Count Per mL
Enforcement Action As Applied To A Standard
								of 20,000/mL
01/05/2013
6,000
No Action Required.
01/28/2013
11,000
No Action Required.
02/11/2013
12,000
No Action Required.
03/15/2013
22,000
Violative; No Action Required.
03/25/2013
23,000
Violative; written notice to the milk plant, two
								(2) of the last four (4) counts exceed the standard. (This notice shall be in
								effect as long as two [2] of the last four [4] consecutive samples exceed the
								standard). Additional sample required within twenty-one (21) days from the date
								of the notice, but not before the lapse of three (3) days.
04/02/2013
9,000
No Action Required.
04/19/2013
51,000
Violative; (three [3] of last five [5] counts
								exceed the standard) Required regulatory actions:
1. Suspend the milk plant permit; or
2. Forego permit suspension, provided the milk or
								milk products(s) in violation are not sold as Grade "A" milk or milk
								product(s); or
3. Impose monetary penalty in lieu of permit
								suspension, provided the milk or milk product(s) in violation are not sold as
								Grade "A" milk or milk product(s).
04/23/2013
Issue temporary permit (if applicable) after a
								  milk plant inspection. Begin accelerated sampling schedule. Samples shall then
								  be taken at the rate of not more than two (2) per week on separate days within
								  a three (3) week period in order to determine compliance with the appropriate
								  standard as determined in accordance with Rule
								  420-3-16-.07 of these rules.
								  (Refer to Rule
								  420-3-16-.04 of these
								  Rules).
04/25/2013
11,000
No Action Required.
04/29/2013
3,000
No Action Required.
05/04/2013
22,000
Violative; No Action Required.
Note
: Samples
								collected prior to 04/23/2013 are not used for subsequent bacterial count
								enforcement purposes.
05/09/2013
5,000
Permit fully reinstated.
TABLE 12
Example of Enforcement Procedures for Raw
								Milk Laboratory Examinations
DATE
CONFIRMED SOMATIC CELL COUNTS PER
								mL
ENFORCEMENT ACTION AS APPLIED TO A STANDARD
								OF 750,000 PER mL
07/10/2013
500,000
No Action Required.
08/15/2013
600,000
No Action Required.
10/01/2013
800,000
Violative; No Action Required.
11/07/2013
900,000
Violative; Written notice to producer, two (2) of
								the last four (4) counts exceed the standard. (This notice shall be in effect
								as long as two [2] of the last four [4] consecutive samples exceed the
								standard). Additional sample required within twenty-one (21) days from the date
								of the notice, but not before the lapse of three (3) days.
11/14/2013
1,200,000
Violative (three [3] of the last five [5] counts
								exceed the standard);
Required regulatory actions:
1. Suspend producer permit; or
2. Forego permit suspension, provided the milk in
								violation is not sold as Grade "A"; or
3. Impose monetary penalty in lieu of permit
								suspension, provided the milk in violation is not sold or offered for sale as
								Grade "A" product. Except that a milk producer may be assessed a monetary
								penalty in lieu of permit suspension for violative counts provided: If the
								monetary penalty is due to a violation of the somatic cell count standard, the
								Health Officer shall verify that the milk supply is within acceptable limits as
								prescribed in Section 7 of these rules. Samples shall then be taken at the rate
								of not more than two (2) week on separate days within a three (3) week period
								in order to determine compliance with the appropriate standard as determined in
								accordance with Section 6 of these rules. (Refer to Section 3)
Note
: The
								option to issue a monetary penalty in lieu of a permit suspension, as cited in
								3. Above, shall not be applicable to a TPC authorized under the ICP.
11/18/2013
700,000
Issue temporary permit (if applicable) after
								sampling indicates the milk is within the standards prescribed in Rule
								420-3-16-.08. Begin accelerated
								sampling schedule as cited under 11/14/2013.
11/20/2013
800,000
Violative; No Action Required.
Note
: Samples
								collected prior to 11/18/2013 are not used for subsequent somatic cell count
								enforcement purposes.
11/24/2013
700,000
No Action Required.
11/29/2013
550,000
No Action Required.
12/03/2013
400,000
Permit fully reinstated.
Author:
G. M. Gallaspy, Jr.
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-2-2,
					 22-20-7.