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 › Section VII-301 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				dairy facility (dairy farm, receiving station, transfer station, dairy plant,
				single service containers and closures for milk and milk products manufacturing
				plant, milk tank truck, milk tank truck cleaning facility, finished product
				depot, final product transfer point) domiciled in the state shall conform with
				each requirement contained in this Part that is determined to be applicable to
				such facilities by the state health officer. Each dairy product brought into
				Louisiana from outside of the state for consumption within the state shall
				comply with each standard and specification determined by the state health
				officer to be applicable to each type of product and shall be produced,
				processed, stored, handled and distributed by dairy facilities that comply with
				each requirement determined by the state health officer to be applicable to
				each type of dairy facility involved with the products. The state health
				officer shall enforce each requirement for dairy facilities, contained in this
				Part, in a manner that is equal, impartial and equitable regardless of facility
				size, type, state or country in which they are domiciled. Dairy products
				regulated under the provisions of this Part shall be enforced in the aforesaid
				manner.
B. Registered sanitarians
				operating under the authority of the state health officer who meet the training
				and certification requirements for the inspection and auditing of dairy farms,
				milk tank trucks, dairy plants and milk and milk product containers and closure
				manufacturing plants shall perform all inspections and audits required of the
				state health officer.
C. Registered
				sanitarians who have extensive knowledge of dairy farm operations, milking
				operations, farm milk handling operations, construction, cleanliness,
				sanitation and operation of dairy farms and dairy farm waste facilities may
				apply for certification as dairy farm inspectors.
D. A certified milk Sanitation Rating Officer
				(SRO) certified for rating dairy farms by the PHS/FDA shall be the
				certification authority for dairy farm inspectors. The registered sanitarians
				applying for certification shall independently inspect, without prompting or
				any other type assistance, five dairy farms selected at random by the SRO. The
				SRO shall independently inspect the same five dairy farms. In order to be
				certified, the applicant shall agree with the SRO 80 percent on individual
				items of sanitation found to be violative at each of the five dairy farms
				inspected. After discussion with the SRO the applicant shall demonstrate, to
				the SRO's satisfaction, that he/she understands the items of sanitation which
				he/she failed to properly identify during each inspection/audit.
E. Registered sanitarians who have extensive
				knowledge of dairy plant and single service milk and milk products container
				manufacturing plant operations, equipment construction, operation, cleaning and
				sanitation, product processing requirements, CIP systems, pasteurizer
				operation, testing of pasteurization equipment and controls, butter
				manufacturing, cheese manufacturing and condensing and drying plant operations
				and sanitation requirements may apply for certification as dairy plant and
				single service milk and milk products containers and closures manufacturing
				plants inspectors. Registered sanitarians who perform Hazard Analysis Critical
				Control Point (HACCP) audits of dairy plants shall have successfully completed
				the NCIMS training requirements for state regulatory personnel conducting HACCP
				audits on dairy plants. SRO's who audit dairy plants shall have successfully
				completed the NCIMS training requirements for SRO's that perform HACCP listing
				audits and shall have been standardized by the PHS/FDA.
F. A certified milk Sanitation Rating Officer
				(SRO) certified for performing NCIMS required milk sanitation rating of milk
				and milk products receiving stations, transfer stations, milk and milk product
				plants, milk tank truck cleaning facilities and single service milk and milk
				products container manufacturing plants by the PHS/FDA shall be the
				certification authority for dairy plant and single service milk and milk
				products containers plant inspectors. The registered sanitarians applying for
				certification shall inspect at least two milk and milk products processing
				plants, one single service milk and milk products container and closure
				manufacturing plant, one condensing and drying plant (provided such plant exist
				within the state) and one cheese manufacturing plant without prompting or
				assistance of any type. The SRO shall independently inspect the same plants
				that were inspected by the applicant. In order to be certified, the applicant
				shall agree with the SRO 80 percent on individual items of sanitation found to
				be violative at each of the plants inspected. After discussion with the SRO,
				the applicant shall demonstrate to the SRO's satisfaction, that he/she
				understands the items of sanitation which he/she failed to properly identify
				during each inspection.
G.
				Registered sanitarians who have extensive knowledge of milk tank truck
				operations, construction, cleaning and sanitization and of all equipment used
				in the loading, unloading, cleaning and sanitation of milk tank trucks,
				requirements for bulk milk tank truck operators/samplers, milk plant
				receivers/samplers may apply for certification as milk tank truck
				inspectors.
H. A certified milk SRO
				certified by PHS/FDA for performing NCIMS required milk sanitation ratings on
				milk and milk products, receiving stations, transfer stations, milk and milk
				products plants, milk tank truck cleaning facilities and single service milk
				and milk products containers and closure manufacturer plants shall be the
				certification authority for milk tank truck inspectors. The registered
				sanitarian applying for certification or re-certification shall inspect at
				least five milk tank trucks selected at random by the SRO without prompting or
				assistance of any type. The SRO shall independently inspect the same milk tank
				trucks that were inspected by the applicant. In order to be certified, the
				applicant shall agree with the SRO 80 percent on individual items of sanitation
				found to be violative on each of the five milk tank trucks inspected. After
				discussion with the SRO, the applicant shall demonstrate to the SRO's
				satisfaction, that he/she understands the items of sanitation which he/she
				failed to identify during each inspection.
I. Personnel operating under the authority of
				the state health officer, including farm bulk milk tank truck
				operators/samplers licensed by the state health officer shall meet all
				requirements for personnel who collect official samples contained in this Part
				and the PMO and any NCIMS requirements for such personnel.
J. Personnel operating under the authority of
				the state health officer who programmatically supervise registered sanitarians
				who inspect or audit dairy facilities shall meet all certification requirements
				contained in this part for the certified inspectors whom they supervise.
				Certification of registered sanitarians who inspect dairy farms and milk tank
				trucks and inspect or audit dairy plants and single service milk and milk
				products containers and closure manufacturing plants shall be for a period not
				to exceed two years and may be revoked by the state health officer for
				cause.
K. All registered
				sanitarians operating under the authority of the state health officer who are
				certified to inspect/audit dairy facilities shall be physically capable of
				inspecting/auditing all areas of the type of dairy facility and equipment
				therein, for which they are certified.
L. All registered sanitarians operating under
				the authority of the state health officer shall conform with the safety, dress,
				speed limit and other such regulations of the facility pertaining to the
				employees of that specific facility, while they are on the premises of the
				facility. They shall also comply with all such requirements of the Milk and
				Dairy Program.
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)(19)(21) and
				  R.S.
				  40:922.