Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 329 - RULES GOVERNING MAINE MILK AND MILK PRODUCTS › Section 001-329-VI - SANITATION REQUIREMENTS FOR PRODUCTION AND PROCESSING

Current through 2024-29, July 17, 2024
A. SANITATION REQUIREMENTS FOR DAIRY FARMS -
				Guidelines for determining compliance with these requirements may be found in
				the PMO.
1. ABNORMAL MILK - Lactating animals
				which show evidence of the secretion of milk with abnormalities in one or more
				quarters, based upon bacteriological, chemical or physical examination, must be
				milked last or with separate equipment and the milk must be discarded.
				Lactating animals producing contaminated milk, that is lactating animals which
				have be entreated with, or have consumed chemical, medicinal or radioactive
				agents which are capable of being secreted in the milk and which, in the
				judgment of the Department, may be deleterious to human health, must be milked
				last or with separate equipment and the milk disposed of as the Department may
				direct. For applicability to Automatic Milking Installations (AMI) refer to the
				PMO.
2. MILKING BARN, STABLE OR
				PARLOR--CONSTRUCTION - A milking barn, stable or parlor must be provided on all
				dairy farms in which the milking herd must be housed during times of milking
				operations. (For applicability to AMIs, refer to the PMO). The area used for
				milking purposes must:
(a) Have floors
				constructed of concrete or equally impervious materials;
(b) Have walls and ceilings which are
				constructed of smooth material, be in good repair, dust tight, and be painted
				or finished in an approved manner;
(c) Have separate stalls or pens for horses,
				calves, bulls, and any other livestock which are large enough to accommodate
				all animals without overcrowding;
(d) Be provided with natural and/or
				artificial light, well distributed, for day and/or night milking;
(e) Provide sufficient air space and air
				circulation to prevent condensation and excessive odors;
(f) Properly prepared plans for milking
				equipment installation in all milking facilities, milk plants, receiving
				stations and transfer stations regulated under this rule which are hereinafter
				constructed may be submitted to the Department. Equipment standards set forth
				in "3 -A Accepted Practices for the Design, Fabrication and Installation of
				Milk Handling Equipment" may be used as a guideline;
(g) Use of emergency portable equipment will
				be reviewed by the Department on a case by case basis; and
(h) Building construction must prevent
				contamination of feed area by wild birds.
3. MILKING BARN, STABLE OR
				PARLOR--CLEANLINESS - The interior must be kept clean. Floors, walls, ceilings,
				windows, pipelines and equipment must be free of filth and/or litter and must
				be clean. Swine and fowl must be kept out of the milking area. Area must be
				free of rodents.
Feed must be stored in such a manner that will not increase
				  the dust content of the air or interfere with the cleaning of the floor.
Surcingles, milk stools and devices to prevent kicking and
				  other equipment associated with dairy animal care must be kept clean and stored
				  above the floor.
4. COWYARD
				- The cowyard must be graded to drain and must have no standing pools of water
				or accumulations of organic wastes. Animal droppings and soiled bedding must be
				removed, or clean bedding must be added to housing areas where animals
				frequently lie down and at sufficiently frequent intervals to prevent the
				soiling of the lactating animal's udder and flanks. Cooling ponds may be
				allowed provided they are constructed and maintained in a manner that does not
				result in the visible soiling of flanks, udders, bellies and tails of lactating
				animals exiting the pond. Waste feed must not be allowed to accumulate. Packs
				that are used for animal bedding must be properly drained and must provide a
				reasonably firm footing. Swine must be kept out of the cowyard.
Nutrient Management Plans are required unless exempted by
				  Maine law or Department Nutrient Management Rules, Chapter 565 for a person who
				  owns or operates a farm if it meets one or more of the following
				  criteria:
(a) The farm confines and
				feeds 50 or more animal units at any one time;
(b) The farm utilizes more than 100 tons of
				manure per year not generated on that farm;
(c) The farm is the subject of a verified
				complaint of improper manure handling;
(d) The farm stores or utilizes regulated
				residuals.
Nutrient Management Plans must be implemented in accordance
				  with 7 M.R.S.A. Chapter 747, Nutrient Management Act.
5. MILKHOUSE--CONSTRUCTION AND
				FACILITIES - A milkhouse or room of sufficient size must be provided, in which
				the cooling, handling and storing of milk and the washing, sanitizing and
				storing of milk containers and utensils must be conducted except as provided
				for in item 12 of this section.
(a) The
				milkhouse must be provided with a smooth floor constructed of concrete or
				equally impervious material, graded to drain and maintained in good repair.
				Liquid waste must be disposed of in a sanitary manner. Floor drains must be
				accessible and must be trapped if connected to a sanitary sewer
				system.
(b) The walls and ceilings
				must be constructed of smooth material, be in good repair, dust tight, and be
				painted or finished in an approved manner.
(c) The milkhouse must have adequate natural
				and/or artificial light and be well ventilated.
(d) The milkhouse must be used for no other
				purpose than milkhouse operations. There must be no direct opening into any
				barn, stable, parlor or into a room used for domestic purposes. Provided, that
				a direct opening between the milkhouse and milking barn, stable or parlor is
				permitted when a tight-fitting, self-closing, solid door(s) hinged to be single
				or double acting is provided. Screened vents in the wall between the milkhouse
				and a breezeway, which separates the milkhouse from the milking parlor, are
				permitted, provided animals are not housed within the milking
				facility.
(e) Water under pressure
				must be piped into the milkhouse.
(f) The milkhouse must be equipped with a
				two-compartment wash vat and adequate hot water heating facilities.
(g) A transportation tank may be used for the
				cooling and/or storage of milk on the dairy farm. Such tank must be provided
				with a suitable shelter for the receipt of milk. Such shelter must be adjacent
				to, but not a part of, the milkhouse and must comply with the requirements of
				the milkhouse with respect to construction items, light, drainage, insect and
				rodent control and general maintenance. In addition, the following minimum
				criteria must be met:
1. An accurate,
				accessible temperature-recording device must be installed in the milk line
				downstream from an effective cooling device, which cools the milk to 7°C
				(45°F) or less. Electronic records that comply with the applicable
				provisions of the PMO, with or without hard copy, may be used in place of
				temperature-recording records. An indicating thermometer must be installed as
				close as possible to the recording device for verification of recording
				temperatures. This indicating thermometer must comply with all applicable
				requirements in the PMO. This thermometer must be used to check the
				temperature-recording device during the regulatory inspection and the results
				recorded on the recording record or into the electronic data collection,
				storage and reporting system.
2.
				Temperature-recording charts must be maintained on the premises for a period of
				a minimum of six (6) months and be available for review by the Department.
				Except that, the electronic storage of required temperature records, with or
				without hard copy, may be acceptable, provided the computer and computer
				generated temperature records are readily available for review by the
				Department.
3. The milk must be
				sampled at the direction of the Department in a manner so as to preclude
				contaminating the milk tank truck or sample, by a permitted milk sample
				collector.
4. The milk tank truck
				must be effectively agitated in order to collect a representative sample.
(h) When the Department
				determines conditions exist whereby the direct loading of a milk tank truck
				(through by-passing the use of a farm bulk milk tank(s) and/or silo(s)) can be
				adequately protected and sampled without contamination, a shelter need not be
				provided if the following minimum criteria are met:
1. The milk hose connection is accessible to,
				and made from within, the milkhouse. The milk hose connection to the milk tank
				truck is completely protected from the outside environment at all times.
				Provided, based on Department acceptance, the direct loading of milk from the
				milkhouse to the milk tank truck may be conducted through a properly designed
				hose port that adequately protects the milkhouse opening or by stubbing the
				milk transfer and associated CIP cleaned lines outside the milkhouse wall in
				accordance with the ADMINISTRATIVE PROCEDURES in the PMO.
2. To assure continued protection of the
				milk, the milk tank truck manhole must be sealed after the truck has been
				cleaned and sanitized.
3. The milk
				tank truck must be washed and sanitized at the permitted milk plant, receiving
				station, or transfer station receiving the milk, or at a permitted milk tank
				truck cleaning facility.
4. An
				accurate, accessible temperature-recording device must be installed in the milk
				line downstream from an effective cooling device, which cools the milk to
				7ºC (45ºF) or less. Electronic records that comply with the
				applicable provisions of the PMO, with or without hard copy, may be used in
				place of temperature-recording records. An indicating thermometer must be
				installed as close as possible to the recording device for verification of
				recording temperatures. This indicating thermometer must comply with all
				applicable requirements in the PMO. This thermometer must be used to check the
				temperature-recording device during the regulatory inspection and the results
				recorded on the recording record or into the electronic data collection,
				storage and reporting system.
5.
				Temperature-recording records must be maintained on the premises for a period
				of a minimum of six (6) months and be available for review by the Department.
				Except that, the electronic storage of required temperature records, with or
				without hard copy, may be acceptable, provided the computer and computer
				generated temperature records are readily available for review by the
				Department.
6. The milk must be
				sampled at the direction of the Department, in a manner so as to preclude
				contaminating the milk tank truck or sample, by a permitted milk sample
				collector. The milk in the milk tank truck must be effectively agitated in
				order to collect a representative sample.
7. The milk tank truck must be parked on a
				self-draining concrete or equally impervious surface during filling and
				storage.
8. When direct loading of
				a milk tank truck using either a hose port, as addressed above, or stubbing the
				milk transfer and associated CIP cleaned lines outside the milkhouse wall in
				accordance with, ADMINISTRATIVE PROCEDURES of the PMO, overhead protection of
				the milk hose connection to the milk tank truck must be provided.
(i) The milkroom must be provided
				with a hoseport conveniently located for use by milk haulers when applicable.
				The hoseport must be constructed and maintained as to prevent insect and rodent
				entry.
6. MILKHOUSE
				CLEANLINESS-The floors, walls, ceiling, windows, tables, shelves, cabinets,
				wash vats, non-product contact surfaces of milk containers, utensils and
				equipment and other milkhouse equipment must be clean. Only articles directly
				related to milkhouse activities may be permitted in the milkhouse. The
				milkhouse must be free of trash, animals and fowl.
7. TOILET-Every dairy farm must be provided
				with one (1) or more toilets, conveniently located, properly constructed,
				operated and maintained in a sanitary manner. The waste must be inaccessible to
				flies and must not pollute the surface or contaminate any water supply. Tight
				fitting, self-closing, solid door must be provided to separate the toilet room
				from the milkhouse.
8. WATER
				SUPPLY-Water for milkhouse and milking operations must be from a supply
				properly located, protected and operated and must be easily accessible,
				adequate and of a safe, sanitary quality.
9. UTENSILS AND EQUIPMENT-CONSTRUCTION - All
				multi-use containers, equipment and utensils used in the handling, storage or
				transportation of milk must be made of smooth, nonabsorbent,
				corrosion-resistant, nontoxic materials, and must be so constructed as to be
				easily cleaned. All containers, utensils and equipment must be in good repair.
				Multiple-use woven material must not be used for straining milk. All
				single-serve articles must have been manufactured, packaged, transported and
				handled in a sanitary manner and must comply with the applicable requirements
				of (C)(11) of the following section. Articles intended for single-service use
				must not be reused. Farm holding/cooling tanks, welded sanitary piping and
				transportation tanks must comply with the applicable requirements of (C)(10)
				and (C)(11) of the following section.
10. UTENSILS AND EQUIPMENT-CLEANING - The
				product-contact surfaces of all multi-use containers, equipment and utensils
				used in the handling, storage or transportation of milk must be cleaned after
				each usage.
11. UTENSILS AND
				EQUIPMENT - SANITIZATION - The product-contact surfaces of all multi-use
				containers, equipment and utensils used in the handling, storage or
				transportation of milk must be sanitized before each usage.
12. UTENSILS AND EQUIPMENT-STORAGE - All
				containers, utensils and equipment used in the handling, storage or
				transportation of milk, unless stored in sanitizing solutions, must be stored
				to assure complete drainage and must be protected from contamination prior to
				use. Pipeline milking equipment such as milker claws, inflations, weigh jars,
				meters, milk hoses, milk receivers, tubular coolers, plate coolers and milk
				pumps which are designed for CIP cleaning and other equipment, as accepted by
				FDA which meets these criteria, may be stored in the milking barn or parlor,
				provided this equipment is designed, installed and operated to protect the
				product and solution-contact surfaces from contamination at all times. Single
				service articles (filters) are to be stored free of contamination. In the case
				of a milking parlor that opens directly into an enclosed housing area, through
				a covered holding area, the holding area may be seasonally enclosed when:
a. There are no manure pit openings in the
				parlor, holding area or in the housing area close enough to affect the milking
				parlor.
b. The cattle holding and
				housing areas are maintained in good repair and reasonably clean.
c. With respect to dust, odors, rodents and
				insects, the entire area meets milking parlor standards and the parlor is free
				of evidence of birds.
13. MILKING-FLANKS, UDDERS AND TEATS -
				Milking must be done in the milking barn, stable or parlor except as provided
				by special permit. The flanks, udders, bellies and tails of all milking
				lactating animals must be free from visible dirt. All brushing must be
				completed prior to milking. The udders and teats of all lactating animals must
				be clean and dry before milking. Teats must be treated with a sanitizing
				solution just prior to the time of milking and must be dry before milking. Wet
				hand milking is prohibited.
14.
				PROTECTION FROM CONTAMINATION - Milking and milkhouse operations, equipment and
				facilities must be located and conducted to prevent any contamination of milk,
				equipment, containers and utensils. No milk shall be strained, poured,
				transferred or stored unless it is properly protected from contamination.
After sanitization, all containers, utensils and equipment
				  must be handled in such a manner as to prevent contamination of any
				  product-contact surface.
Vehicles used to transport milk from the dairy farm to the
				  milk plant, receiving station or transfer station must be constructed and
				  operated to protect their contents from the sun, freezing and contamination.
				  Such vehicles must be kept clean, inside and out, and no substance capable of
				  contaminating the milk shall be transported.
15. DRUG AND CHEMICAL CONTROL - Cleaners and
				sanitizers must be stored in properly identified, dedicated end-use containers.
				Animal drugs and drug administration equipment must be stored in such a way
				that milk, milking equipment, wash vats and hand sinks are not subject to
				contamination. Animal drugs must be properly labeled and segregated, lactating
				from non-lactating. Unapproved drugs must not be used. Effective measures must
				be taken to prevent the contamination of milk, containers, equipment, and
				utensils by cleaners and sanitizers, drugs and drug administrating equipment.
a. Lactating animals treated with medicinal
				agents must be handled using one of the following:
b.
1.
				Identified, i.e. leg bands, chalk marks, etc.;
2. Segregated;
3. Otherwise handled in a manner such as to
				preclude the adulteration of milk offered for sale.
c. Treatment Records (which may consist of
				paper and file folders, card files, appointment book type calendars, monthly
				calendars, chalk boards (temporary records), electronic computer records, etc.)
				must include the following information:
1.
				Identity of the animal (s) treated;
2. Date(s) of treatment;
3. Drug(s) or other chemicals
				administered;
4. Dosage
				administered;
5. Milk discard time;
				and 6. Withdrawal time prior to slaughter, even if zero.
d. Maintenance of Records: Producers should
				maintain all treatment records for a minimum of two (2) years in the event of a
				need to trace back or follow up on a confirmed milk or meat residue.
e. Treated animal must be quarantined or
				segregated, or otherwise handled in a manner to preclude the sale of milk or
				the offering of treated animals for sale for slaughter prior to the end of the
				prescribed withdrawal time.
f. Farm
				personnel involved in the treatment of animals must receive instruction and
				understand proper drug use and methods to avoid the marketing of adulterated
				milk or meat for human food.
16. PERSONNEL-HAND-WASHING FACILITIES -
				Adequate hand-washing facilities must be provided, including a lavatory fixture
				with hot and cold or warm running water, soap or detergent and individual
				sanitary towels, convenient to the milkhouse, milking barn, stable, parlor and
				flush toilet.
17.
				PERSONNEL-CLEANLINESS - Hands must be washed clean and dried with an individual
				sanitary towel immediately before milking, before performing any milkhouse
				function and immediately after the interruption of any of these activities.
				Milkers and milk haulers/samplers must wear clean outer garments while milking
				or handling milk, milk containers, utensils, or equipment.
18. RAW MILK COOLING - Raw milk for
				pasteurization must be cooled to 10ºC (50ºF) or less within four (4)
				hours or less, of the commencement of the first milking, and to 7ºC
				(45ºF) or less, within two (2) hours after the completion of milking.
				Provided, that the blend temperature after the first milking and subsequent
				milkings does not exceed 10ºC (50ºF).
19. INSECT AND RODENT CONTROL - Effective
				measures must be taken to prevent the contamination of milk, containers,
				utensils and equipment by insects and rodents and by chemicals used to control
				vermin. Milkhousess must be free of insects and rodents. Surroundings must be
				kept neat, clean and free of conditions which might harbor or be conducive to
				the breeding of insects and rodents. Feed must be stored in such a manner that
				it will not attract birds, rodents or insects.
20. Requirements for Automatic Milking
				Installations (AMI) can be found in the PMO.