reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 1 - Milk and Dairy Products › Subchapter A - Required Permits › Section VII-111 - Permits Required for Imported Milk, Milk Products and Frozen Desserts

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				  unlawful for any person, firm or corporation to ship or receive into the state
				  any milk or milk products (except extra grade and standard grade dry milk and
				  milk products), filled milk and filled milk products, anomalous milk and milk
				  products, imitation milk and imitation milk products and frozen desserts from
				  outside of the state that were processed or packaged by a dairy plant that does
				  not possesses a current valid permit from the state health officer. Only a
				  person, firm or corporation who complies with the requirements of this Part
				  shall be entitled to receive or retain such permit.
B. All imported Grade A milk and milk
				  products shall be processed and packaged only by dairy plants currently listed
				  in the
IMS List Sanitation Compliance and Enforcement Rating of
				  Interstate Milk Shippers
.
C. In the event a person requests a permit
				  for a dairy plant domiciled outside the State of Louisiana, the person shall:
1. Complete and sign all forms for permit
				  application required by the state health officer.
2. Pay any and all fees required by the state
				  health officer.
3. Have the
				  regulatory authority, responsible for permitting and inspecting/auditing of
				  dairy plants in the state in which the plant is domiciled, send the following
				  information directly to the state health officer if they are not currently in
				  the IMS list:
a. a statement indicating
				  whether or not the plant is in substantial compliance with all applicable laws
				  and regulations of the locality, state, province or country in which the plant
				  is domiciled;
b. a copy of the most
				  recent inspection/audit report completed by the regulatory authority;
				  and
c. copies of the last three
				  results of bacteriological and chemical analyses performed on the plant's
				  products by the regulatory authority.
4. Provide copies of labels of each product
				  the plant intends selling in Louisiana.
5. Provide a copy of the laws and regulations
				  of the regulatory authority responsible for permitting and inspecting/auditing
				  of the plant when requested by the state health officer.
6. Provide any other information, data or
				  records required by the state health officer.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 1 - Milk and Dairy Products › Subchapter A - Required Permits › Section VII-113 - Requirements for Imported Dairy Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. All dairy products (including frozen
				  desserts, filled dairy products, anomalous milk and milk products, anomalous
				  dairy products and imitation milk and imitation milk products) brought into
				  Louisiana from outside of the state shall comply with the standards
				  (specifications) contained in this Part determined to be applicable by the
				  state health officer. These products shall be produced, processed and handled
				  by facilities that comply with, the requirements of this Part. The production
				  and processing facilities may be inspected by the state health officer; the
				  cost of such inspections shall be borne by the person or firm producing or
				  processing such dairy products or in lieu thereof, the state health officer may
				  accept a certificate of compliance/inspection of a duly authorized agent of the
				  dairy regulatory agency in the state or country wherein the products are
				  produced or processed.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7) (15)(17)
					 and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 1 - Milk and Dairy Products › Subchapter B - Records › Section VII-115 - Milk Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  dairy plant, and others receiving milk or dairy products, including frozen
				  desserts, from one or more sources shall keep records of the sources and the
				  amounts of such products received. They shall also keep records showing
				  utilization and disposition of all such products they receive. These records
				  shall include names and amounts of each such product used or disposed of. Such
				  records shall be open to inspection by the state health officer.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7) (15)(17)
					 and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 1 - Milk and Dairy Products › Subchapter B - Records › Section VII-117 - Falsification of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Falsification of any records, logs or recording charts shall constitute grounds
				  for the suspension of permit.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7) (15)(17)
					 and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 1 - Milk and Dairy Products › Subchapter C - Registration and Labeling › Section VII-119 - Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each processed
				  dairy product final manufacturer shall register each separate and distinct
				  processed dairy product, in storage, offered for sale or being sold in the
				  state, annually with the state health officer in accordance with the provisions
				  contained in Chapter 4, Part 1, §627 of the State Food, Drug and Cosmetic Law
				  (R.S. 40:601, et
				  seq
.
). The state health officer shall not register any
				  processed milk or milk product, anomalous milk or anomalous milk product,
				  filled milk or filled milk products, imitation milk or imitation milk products,
				  frozen dessert mixes or mix products processed or packaged by a dairy plant
				  that does not have a current, valid permit for such products issued by the
				  state health officer. The labels for the aforesaid products shall have been
				  reviewed and approved by persons, operating under the authority of the state
				  health officer.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7) (15)(17),
					 R.S.
					 40:604, and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter A - Sampling and Examination of Dairy Products including Frozen Desserts › Section VII-303 - Delivery of Samples

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  persons engaged in the production, processing, handling or selling of milk,
				  milk products or other dairy products shall deliver to the state health
				  officer, upon request, samples of the dairy products in his possession. The
				  state health officer shall not be required to pay for these samples. Any
				  refusal to deliver such samples in his possession shall be deemed a violation
				  of these regulations. All samples so collected shall be sealed, when possible,
				  in the presence of the person from whom taken.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.40:4(A)(1)(a).
					 Also see
					 R.S.
					 40:5(2)(3)(5)(7) (15)(17)
					 and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter A - Sampling and Examination of Dairy Products including Frozen Desserts › Section VII-305 - Samples and Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Samples of milk, milk products or other dairy products from stores, soda
				  fountains, restaurants, finished product depots and other places where dairy
				  products are handled, stored or sold shall be examined to determine compliance
				  with the product standards contained in this Part as often as the state health
				  officer may require.
B. The state
				  health officer shall collect samples of milk, milk products or other dairy
				  products being sold within the state that were processed by each dairy plant
				  domiciled in other states or countries and test them for compliance with the
				  standards for such products contained in this Part as required by the state
				  health officer.
C. Samples of milk,
				  milk products or other dairy products shall be taken prior to sale to the final
				  consumer. Samples of dairy products collected from containers other than dairy
				  product storage, processing or bulk transportation tanks or totes that have
				  been opened/uncapped shall not be considered official.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.40:4(A)(1)(a).
					 Also see
					 R.S.
					 40:5(2)(3)(5)(7) (15)(17)
					 and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter B - Inspections/Audits › Section VII-311 - Frequency of Inspections/Audits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each dairy farm, dairy plant including
				  frozen desserts manufacturing plant, filled dairy products manufacturing plant,
				  anomalous milk and milk products and other anomalous dairy product
				  manufacturing plant, receiving station, milk tank truck cleaning facility,
				  transfer station, single-service containers and closures for milk and milk
				  products manufacturing plant, finished product depot/transfer point and dairy
				  plant receiver/sampler, bulk milk tank truck operator/sampler and milk tank
				  truck domiciled or operating in the state shall be inspected/audited by the
				  state health officer prior to the issuance of a permit.
B. Following the issuance of a permit the
				  state health officer shall:
1. Inspect the
				  receiving, processing/packaging, cleaning, pre-operation and start-up
				  procedures of each dairy plant including frozen dessert manufacturing plants at
				  least once each month. (For the purposes of this Paragraph, the term "dairy
				  plant" used herein shall not include receiving stations, transfer stations,
				  single-service containers and closures for milk and milk products manufacturing
				  plants, milk tank truck cleaning facilities and finished product depot/transfer
				  points.)
2. Inspect receiving
				  stations, transfer stations, single-service containers and closures for milk
				  and milk products manufacturing plants, milk tank truck cleaning facilities and
				  finished product depot/transfer point at least once each three
				  months.
3. Inspect/audit each dairy
				  plant, including frozen dessert manufacturing plants, that are required by the
				  state health officer to implement HACCP systems or have been authorized by the
				  state health officer to be regulated under the HACCP requirements contained in
				  Chapter 11 of this Part with a frequency goal of at least once each
				  month.
4. Inspect each milk tank
				  truck and its appurtenances at least once each 12 months.
5. Observe and evaluate the receiving and
				  sampling procedures of each dairy plant receiver/sampler at least once each
				  three months to determine compliance with applicable requirements.
6. Observe and evaluate the milk pickup and
				  sampling procedures of each bulk milk tank truck operator/sampler at least once
				  each 24 months to determine compliance with applicable requirements.
7. Inspect each dairy farm with a frequency
				  at least as that required by the Performance-Based Inspection
				  Program.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter B - Inspections/Audits › Section VII-315 - Milk Sanitation Rating/HACCP Listing Audit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for those dairy facilities which
				  require a HACCP Listing audit, a milk sanitation rating shall be conducted on
				  each bulk milk tank unit (BTU), single service container and closure
				  manufacturer plant, milk tank truck cleaning facility, receiving station,
				  transfer station, milk and milk products plant, and Grade A condensing and
				  drying plant at least once each year by a certified milk sanitation rating
				  officer using the methodology prescribed in the
Methods of Making
				  Sanitation Rating of Milk Shippers
. Except for those dairy facilities
				  which require a HACCP Listing audit, an inspection of all other dairy plants
				  shall be conducted by a certified milk sanitation rating officer at least once
				  each year using the requirements for that specific type of plant contained in
				  this Part.
B. A HACCP listing audit
				  shall be conducted on each dairy facility being regulated under the HACCP
				  requirements of this Part at least once each year by a certified milk
				  sanitation rating officer that has been standardized and certified as a HACCP
				  listing officer by the FDA.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter B - Inspections/Audits › Section VII-317 - Posting Inspection Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. One copy of each inspection/audit report
				  shall be handed to the operator or posted by the state health officer in a
				  conspicuous place upon an inside wall of one of the dairy farm or dairy plant
				  buildings, and said inspection report shall not be defaced and shall be made
				  available to the state health officer upon request. The original of the
				  inspection report shall be filed with the records of the state health
				  officer.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter B - Inspections/Audits › Section VII-319 - Field Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  Bulk Tank Unit (BTU) or others receiving milk from one or more dairy farms
				  shall provide qualified field persons for the purpose of inspecting and testing
				  sources of supply and assisting producers.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter C - Grading, Enforcement Procedures and Standards › Section VII-321 - Grading

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state health
				  officer shall establish grades and grading protocols for milk, milk products,
				  condensed, concentrated and dried milk products.
B. The state health officer shall grade all
				  milk, milk products, condensed, concentrated and dried milk and milk products
				  produced or processed in the state.
C. The grade of the products shall be based
				  upon:
1. compliance with the regulations
				  governing milk production, milk and milk products and condensed, concentrated
				  or dried dairy products processing and handling contained in this Part;
				  and
2. compliance with the
				  standards for milk and milk products contained in this Part as determined by
				  the examination of at least four samples of milk or milk products and
				  condensed, concentrated or dried dairy products during the current six month
				  period, collected from each supply on separate days production by the state
				  health officer.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter C - Grading, Enforcement Procedures and Standards › Section VII-325 - Procedure in Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  During emergency periods, the state health officer may temporarily permit the
				  sale of ungraded milk.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter C - Grading, Enforcement Procedures and Standards › Section VII-327 - Continuous Grading

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				  at any time the lowering of the grade of a raw milk supply or dairy product
				  becomes justified in accordance with
				  §329 or
				  §333 of this Part, the state health
				  officer shall lower the grade of such milk or milk product and shall enforce
				  proper labeling thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter D - Degrading or Suspension of Permit › Section VII-329 - Degrading or Suspension of Permit Based upon Physical Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. If during an
				  inspection or audit the state health officer finds a violation(s) of this Part,
				  he shall record the violation(s) on an inspection/audit report. A copy of the
				  inspection/audit report shall be handed to the operator or posted in a
				  prominent place on the premises.
B.
				  In cases in which the state health officer finds conditions or violations of
				  this Part that he deems to be of serious nature, violations that have not been
				  corrected since the last inspection or reoccurring violations, he shall notify
				  the operator, in writing, of the conditions or violations and specify a
				  reasonable time, but not before the lapse of three days, in which the
				  conditions or violations shall be corrected. The requirement of giving written
				  notice shall be deemed to have been satisfied by handing it to the operator or
				  posting it in a prominent place on the premises. The operator shall be allowed
				  to request an extension of the time allowed for correction. The state health
				  officer may authorize an extension of time for correction when warranted by the
				  circumstances.
C. When the state
				  health officer has specified a time in which conditions or violations shall be
				  corrected, as in §329. B above, he shall conduct a second inspection after the
				  time specified. In cases in which the second inspection reveals that the
				  conditions or violations have not been corrected to the satisfaction of the
				  state health officer, he may lower the grade of the milk supply or dairy
				  product. In cases in which grades and grading criteria have not been
				  established for a supply or a product and the second inspection reveals that
				  any of the conditions or violations have not been corrected to the satisfaction
				  of the state health officer, he may suspend the permit of the
				  operator.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter D - Degrading or Suspension of Permit › Section VII-331 - Notification of Laboratory Analyses

Current through Register Vol. 50, No. 6, June 20, 2024
A. When two of the last four standard plate
				  counts or temperature checks, sediment tests or somatic cell counts of a raw
				  milk supply fail to meet the requirements contained in this Part, the state
				  health officer shall send written notice thereof by certified or return receipt
				  request mail to the permitee concerned and shall take an additional sample,
				  within 21 days but not before the lapse of three days from the date of receipt
				  of such notice.
B. When two of the
				  last four standard plate counts or temperature checks from a heat treated dairy
				  product supply fail to meet the requirements contained in this Part, the state
				  health officer shall send written notice thereof by certified or return receipt
				  request mail to the permitee concerned and shall take an additional sample,
				  within 21 days but not before the lapse of three days from the date of receipt
				  of such notice.
C. When two of the
				  last four standard plate counts or coliform counts or temperature checks from a
				  pasteurized dairy product, including frozen desserts, filled dairy products and
				  anomalous dairy products fail to meet the requirements contained in this Part,
				  the state health officer shall send written notice thereof by certified or
				  return receipt request mail to the permitee concerned and shall take additional
				  sample, within 21 days but not before the lapse of three days from the date of
				  receipt of such notice.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter D - Degrading or Suspension of Permit › Section VII-333 - Degrading or Suspension of Permit or Removal of Product from the Market Based upon Laboratory Analyses

Current through Register Vol. 50, No. 6, June 20, 2024
A. In cases in which the written notice
				  required in
				  §331 of this Part has been received by
				  the operator and whenever three of the last five samples fail to meet the
				  standard plate count, coliform count, sediment score, temperature check or
				  somatic cell count requirements of this code unless the last individual sample
				  result meets the requirements, the state health officer shall:
1. Degrade the raw milk supply or dairy
				  product to the appropriate grade, in cases in where grades and grading protocol
				  have been established.
2. Suspend
				  the operator's permit in cases where grades and grading protocol have not been
				  established, provided that the state health officer may allow the operator to
				  discontinue the sale of the violative product(s) rather than suspend the
				  permit.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter D - Degrading or Suspension of Permit › Section VII-335 - Suspension of Permit Based on Laboratory Analyses - Adulteration or Contamination with Pathogenic Microorganisms of Human Significance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should any raw
				  milk supply or dairy product including frozen desserts, anomalous milk and milk
				  products and filled dairy products be found to be adulterated (water, drug
				  residues, pesticide/herbicides, etc.), the state health officer shall
				  immediately suspend the permit and place all product that may reasonably likely
				  be adulterated, under official seizure. The state health officer shall require
				  that the owner of the adulterated product, expeditiously remove any of the
				  product that had entered commerce and to comply with instructions from the
				  state health officer for the disposition of such product.
B. Should any pasteurized dairy product,
				  including frozen desserts, anomalous milk and milk products and filled dairy
				  products be found to contain one or more pathogenic microorganisms of human
				  significance, the state health officer shall immediately suspend the permit and
				  place all contaminated product and all product reasonably likely to be
				  contaminated under official seizure. The state health officer shall require the
				  owner of the product to expeditiously remove any of the product that had
				  entered commerce and to comply with instructions from the state health officer
				  for the disposition of such product. Provided, further, that raw and heat
				  treated dairy products are excluded from this requirement.
C. Whenever the pasteurization recording
				  charts for products requiring pasteurization are not available for review, the
				  state health officer shall suspend the permit for the product and place under
				  official seizure and require that any product involved that has entered
				  commerce be recalled by the processor and disposed of as directed by the state
				  health officer.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter D - Degrading or Suspension of Permit › Section VII-337 - Suspension of Permit for Reasons Other than Laboratory Analyses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state health
				  officer shall immediately suspend the permit to operate when:
1. the state health officer finds a
				  condition(s) existing on a dairy farm, in a dairy product manufacturing plant
				  (including frozen desserts manufacturing plant and filled dairy products
				  manufacturing), single service milk container or closure manufacturing plant or
				  at a finished product depot/transfer point that he determines is reasonably
				  likely to constitute an imminent hazard to the public's health;
2. a series of observations made during an
				  inspection or audit is determined by the state health officer to indicate that
				  a plant does not have sufficient control of its operations to prevent a
				  compromise to food safety;
3. the
				  holder of the permit or his employees or agents interfere with the state health
				  officer in the performance of his duties; or,
4. the holder of the permit or his employees
				  have falsified documents, charts or other records pertaining to the safety of
				  dairy products.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter D - Degrading or Suspension of Permit › Section VII-339 - Seizure and Condemnation of Milk, Dairy Products, Ingredients of Milk and Ingredients of Dairy Products

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any milk, milk product or other dairy product, ingredient or component of such
				  products that the state health officer determines to be adulterated, misbranded
				  or not registered or which has been manufactured, processed or packaged in an
				  establishment, which did not, at the time of manufacture, processing or
				  packing, hold a valid permit issued by the state health officer is subject to
				  seizure and condemnation by the state health officer as provided in §632 of the
				  State of Louisiana Food, Drug and Cosmetic Law, which is found in Part I,
				  Chapter 4, Title 40 of the Louisiana Revised Statutes, as well as any
				  applicable regulations which implement this law.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter E - Regrading and Reinstatement of Permit › Section VII-341 - Application for Regrading, Reinstatement of Permit and Permission to Resume Sale of Product

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  producer or processor, the grade of whose milk supply or dairy products has
				  been lowered or whose permit has been suspended by the state health officer,
				  and who is properly labeling his dairy products, or who has removed the product
				  from the market and has corrected the condition(s) that resulted in the
				  suspension of the permit or degrade, may at any time make application for the
				  regrading of his product or reinstatement of his permit or for being allowed to
				  resume the sale of a product that has been removed from the market.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter E - Regrading and Reinstatement of Permit › Section VII-343 - Regrading or Reinstatement of Permit when Degrade or Suspension was Based on Laboratory Analyses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  receipt of a satisfactory application from the operator, when the lowered grade
				  or suspension of permit is the result of violative standard plate counts,
				  violative coliform counts, violative temperatures, violative somatic cell
				  counts, or violative sediment scores the state health officer shall take
				  additional samples of the applicant's output at a rate of one sample from a
				  single day's production and not more than two samples per week. The state
				  health officer may:
1. regrade the milk
				  supply or dairy product upward, whenever a minimum of two successive samples
				  meet the grade requirements of a higher grade provided they are the last two
				  samples collected; or
2. reinstate
				  the permit of the manufacturer or allow the sale of a non-grade product that
				  has been removed from the market whenever a minimum of two successive samples
				  meet the bacteriological or chemical standards for such non-graded products,
				  provided they are the last two samples collected.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter E - Regrading and Reinstatement of Permit › Section VII-345 - Regrading and Reinstatement of Permit when Degrade or Suspension was Based on Physical Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Whenever a suspension of a permit or the lowering of grade of a product or
				  supply was the result of a violation of an item of these regulations other than
				  laboratory results, the application referenced in
				  §341 of this Part must be accompanied by
				  a statement signed by the applicant stating that the violative item(s) of the
				  regulations has been corrected. Within one week of receipt of such an
				  application and statement, the state health officer shall make a re-inspection
				  of the applicant's establishment, and thereafter as many additional
				  re-inspections as may be deemed necessary, to verify that the applicant is
				  again complying with the requirements. When the findings justify, he may
				  reinstate the permit and re-grade the milk supply or dairy product
				  upward.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-349 - Grade A Raw Milk for Pasteurization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grade A raw milk for pasteurization is raw
				  milk produced on dairy farms which are in substantial compliance with all of
				  the requirements of this Part for dairy farms and is in conformity with the
				  following bacteriological, chemical and temperature standards:
1. temperature: cooled to 7 ° C (45 ° F) or
				  less within two hours after milking, provided that the blend temperature after
				  the first and subsequent milkings does not exceed 10 ° C (50E F);
2. standard plate count: individual producer
				  milk shall not exceed 100,000 cfu per ml. prior to commingling with other
				  producer milk;
3. standard plate
				  count: commingled raw milk shall not exceed 300,000 cfu per ml. prior to
				  pasteurization;
4. sediment score
				  of less than four;
5. drug residue:
				  no positive results from any drug residue detection test which has been
				  determined to be appropriate by the state health
				  officer
;
6.
				  somatic cell count: individual producer milk shall not exceed 750,000 per ml.,
				  provided that goat milk shall not exceed 1,500,000 per ml.; and
7. cryoscope reading: not higher than -0.525
				  ° Hortvet.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-351 - Grade A Raw Milk for Pasteurization (Certified for Interstate Milk Shipment)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Grade A raw milk for pasteurization (certified for interstate milk shipment) is
				  raw milk, produced on dairy farms in Louisiana, that meet all requirements of
				  this Part, as well as all the requirements of the National Conference on
				  Interstate Milk Shipments (NCIMS) for Grade A and the requirements for
				  inclusion in the U.S. Food and Drug Administration Interstate Milk Shippers
				  List. In cases of conflicting provisions, the stricter codal requirement, as
				  determined by the state health officer, shall be met.
1. Raw milk produced in Louisiana that is in
				  substantial compliance with the provisions contained in §349. A above may be
				  certified by the state health officer for inclusion in the U.S. Food and Drug
				  Administration Interstate Milk Shippers List.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-353 - Manufacturing Grade Raw Milk for Pasteurization/Milk for Manufacturing Purpose/Grade B Raw Milk for Pasteurization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Manufacturing grade raw milk for
				  pasteurization/mik for manufacturing purpose/Grade B raw milk for
				  pasteurization is raw milk that may not meet bacteriological, somatic cell,
				  chemical, sediment or temperature requirements for Grade A or is produced on
				  dairy farms which may violate one or more of the requirements of this Part
				  provided, that the violation thereof does not reasonably likely constitute an
				  imminent hazard to the public's health, as determined by the state health
				  officer.
B. Manufacturing grade raw
				  milk for pasteurization shall conform to the following bacteriological,
				  chemical or temperature standards.
1.
				  Individual producer raw milk standard plate count shall not exceed 500,000 cfu
				  per ml., prior to commingling with other producer raw milk.
2. Individual producer raw milk shall have
				  sediment score of less than number four.
3. Commingled raw milk standard plate count
				  shall not exceed 3,000,000 cfu per ml. prior to pasteurization.
4. Drug residue: no positive results from
				  drug residue detection test methods contained in §349. A.5 of this
				  Part.
5. Milk temperature shall not
				  exceed 7 ° C (45 ° F) upon delivery to the dairy plant unless it is delivered
				  to the dairy plant in less than two hours after milking, provided cans of
				  manufacturing grade milk shall be cooled to 7 ° C (45 ° F) or less within four
				  hours after each can has been filled and shall remain at that temperature or
				  less unless delivered to a receiving station or pasteurization plant within two
				  hours after milking.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-355 - Grade A Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products, Bulk Shipped Grade A Pasteurized or Ultra-pasteurized Milk and Milk Products and Pasteurized Filled Milk and Filled Milk Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grade A
				  pasteurized, ultra-pasteurized and aseptically processed milk and milk products
				  are the products resulting from Grade A raw milk for pasteurization that has
				  been pasteurized, ultra-pasteurized or aseptically processed and placed in the
				  final container in a dairy plant that is in substantial compliance with all of
				  the requirements for Grade A dairy plants contained in this Part.
				  Bottling/filling/packaging of the milk or milk products shall be done in the
				  plant in which they were pasteurized or ultra-pasteurized.
B. The milk and milk products shall conform
				  to the standards of identity prescribed by this Part.
C. The milk and milk products, and anomalous
				  milk and milk products and filled milk and filled milk products shall conform
				  with the following requirements:
1.
				  temperature: cooled to 7 ° C (45 ° F) or less and maintained thereat;
2. standard plate count: not to exceed 20,000
				  cfu per ml. or gram (g);
3.
				  coliform count: not to exceed 10 per ml. or g. Provided, that in case of bulk
				  milk transport tank shipments, shall not exceed 100 per ml.;
4. drug residue: no positive results from
				  drug residue detection test methods as performed in accord with Appendix G,
				  Part V, Detection of Drug Residues in Milk of the PMO which have been found to
				  be acceptable for use with pasteurized and heat-treated milk and milk
				  products;
5. phosphatase: less than
				  350 milliunits/L for fluid products and other milk products by the Fluorophos
				  ALP (Alkaline Phosphatase) system or equivalent;
6. cryoscope reading: not higher than -0.525
				  E Hortvet; and,
7. pathogens: no
				  pathogenic microorganisms of human significance.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-357 - Grade A Bulk Shipped, Heat-Treated Milk and Milk Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grade A bulk shipped, heat-treated milk
				  and milk products are the products resulting from Grade A raw milk for
				  pasteurization that have been heat-treated in a dairy plant that is in
				  substantial compliance with all of the requirements for Grade A dairy plants
				  contained in this Code and is bulk shipped in bulk milk transport tanks or
				  totes to other food product plants. The raw milk shall have been heated, one
				  time, to temperatures greater than 52 ° C (125 ° F) but less than 72 ° C (161 °
				  F) for separation purposes when the resulting shipment(s) of cream, nonfat,
				  reduced fat, low-fat milk are labeled heat-treated. In the case of heat-treated
				  cream, the cream may be heated to less than 75 ° C (166 ° F) in a continuing
				  heating process and immediately cooled to 7 ° C (45 ° F) or less when enzyme
				  deactivation (such as lipase reduction) for functional purposes is
				  required.
B. The resulting products
				  shall conform with the standards of identity prescribed in this Part.
C. Heat-treated milk and milk products shall
				  conform to the following temperature, bacteriological and chemical standards:
1. temperature: cooled to 7 ° C (45 ° F) or
				  less and maintained thereat;
2.
				  standard plate count: not to exceed 20,000 cfu per ml. or g.;
3. drug residue: no positive results from
				  drug residue detection test methods which have been determined to be
				  appropriate by the state health officer; and,
4. cryoscope reading: not higher than -0.525
				  ° Hortvet.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-359 - Grade A Aseptically Processed Milk and Milk Products/Ultra High Temperature (UHT)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Grade A aseptically processed milk and milk products are the products resulting
				  from Grade A raw milk for pasteurization that has been commercially sterilized,
				  cooled, then placed into pre-sterilized containers, followed by aseptic
				  hermetical sealing with a pre-sterilized closure in an atmosphere free of
				  microorganisms. Grade A aseptically, processed milk and milk products shall
				  conform with the requirements of
Title 21, Code of Federal Regulations
				  (CFR), Part 113,
the requirements of the PMO and the requirements of
				  this Part. In addition they shall conform with the following standards:
1. standards of identity prescribed in this
				  Part;
2. drug residue: no positive
				  results from drug residue detection test methods which have been determined to
				  be appropriate by the state health officer;
3. phosphatase: less than 350 milliunits/L
				  for fluid products and other milk products by the Fluorophos ALP system or
				  Charm ALP or equivalent;
4.
				  cryoscope reading: not higher than -0.525E Hortvet; and
5. pathogens: no pathogenic microorganisms of
				  human concern.
Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 3 - Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products including Frozen Desserts › Subchapter F - Standards and Specification for Grades of Milk and Milk Products › Section VII-361 - Grade A Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products Certified for Interstate Shipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grade A pasteurized, ultra-pasteurized and
				  aseptically processed milk and milk products (certified for interstate milk
				  shipment) are pasteurized milk and milk products, obtained from sources
				  included in the NCIMS List of certified sources processed in Louisiana dairy
				  plants, that meet all requirements of this Part as well as all the requirements
				  of the National Conference on Interstate Milk Shipments (NCIMS) for Grade A and
				  the requirements for inclusion in the
U.S. Food and Drug Administration
				  Interstate Milk Shippers List
. In cases of conflicting provisions, the
				  stricter codal requirement as determined by the state health officer shall be
				  met.
B. Pasteurized milk and milk
				  products processed in Louisiana that are in substantial compliance with the
				  provisions contained §359. A above may be certified by the state health officer
				  for inclusion in the
U.S. Food and Drug Administration Interstate Milk
				  Shippers List.
AUTHORITY NOTE:
					 Promulgated in accordance with the provisions of
					 R.S.
					 40:4(A)(1)(a). Also see
					 R.S.
					 40:5(2)(3)(5)(7)(15)(17) and
					 R.S.
					 40:922.