Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 5 - Milk and Cream › Section 12 KAR 5:050 - Inspections

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 260.775-260.845,
				260.992
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.825(1) requires the
				Director of the Kentucky Agricultural Experiment Station to promulgate
				administrative regulations necessary for the effective enforcement of
				KRS
				260.775 through
				260.845
				regarding milk. This administrative regulation establishes a basis for
				monitoring licensed milk handlers, laboratories, transfer stations,
				sampler-weighers, and testers to ensure that these licensees are in compliance
				with
				KRS
				260.775 through
				260.845.
Section 1. A milk handler, laboratory, and
			 transfer station shall be inspected and evaluated for compliance with
			 KRS
			 260.775 through
			 260.845.
			 The director shall provide written notice to the appropriate licensee to
			 correct any observed discrepancies. Unsatisfactory compliance shall be dealt
			 with in accordance with
			 KRS
			 260.775 through
			 260.845
			 and
			 260.992.
Section 2. A sampler-weigher shall be
			 inspected and evaluated for compliance with
			 KRS
			 260.775 through
			 260.845.
(1) A sampler-weigher's records, equipment,
			 samples, and procedures shall be examined to determine compliance.
(2) Milk samples obtained by a
			 sampler-weigher may be collected and analyzed by the director to assist in the
			 evaluation of the sampler-weigher's activities.
(a) Results of these analyses may be used to
			 make comparisons among and between these samples. These comparisons may include
			 the use of milk-component test results and other test results pertaining to
			 milk quality and composition.
(b)
			 Results of these analyses may be used to determine the amount of milkfat on a
			 load of bulk milk as represented by the individual producer's bulk-tank samples
			 and weights and as represented by the load sample and the sum of individual
			 producers' bulk-tank weights. The deviation of the milkfat on the bulk milk
			 load between these two (2) comparisons may, in part, determine the evaluation
			 of the sampler-weigher.
(c) The
			 deviation between the weight of the load of bulk milk represented by the sum of
			 the individual producer's bulk-tank weights and, if available, the weight of
			 the load of bulk milk as determined by an accurate scale or meter may, in part,
			 determine the evaluation of the sampler-weigher. The scale or meter used in
			 this determination shall be well maintained and approved by an accredited scale
			 maintenance firm or appropriate government agency.
(3)
(a) If
			 there is a deviation between milkfat as represented by the load sample and the
			 sum of the individual producers' bulk tank milkfat weights used in the
			 evaluation of an inspection of a sampler-weigher, a grade shall be assigned.
			 Grades shall be based on the difference between sum of milkfat weights from all
			 bulk tanks on the load and pounds of milkfat calculated from the load sample.
			 The grading scale shall be:
1. A: excellent
			 (0.50% or less);
2. B: good (0.51
			 to 1.00%);
3. C: poor (1.01 to
			 2.00%); and
4. D: unsatisfactory
			 (above 2.00%).
(b)
			 Noncompliance with
			 KRS
			 260.775 through
			 260.845
			 and 12 KAR Chapter 5 shall result in a D grade inspection.
(4) A sampler-weigher who receives three (3)
			 "D" grade inspections within a twelve (12) month period shall be required to
			 attend the next scheduled one (1) day sampler-weigher training school and take
			 a written examination administered by the director. This shall not prevent the
			 director from taking other actions under
			 KRS
			 260.775 through
			 260.845
			 and
			 260.992 for a
			 sampler-weigher who receives a D grade inspection or who otherwise is not in
			 compliance with
			 KRS
			 260.775 through
			 260.845
			 and
			 260.992.