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-323 - Grades of Milk and Milk Products to be Sold

Current through Register Vol. 50, No. 6, June 20, 2024
A. All milk and milk products sold to the
				  final consumer or to restaurants, delicatessens, grocery stores and any other
				  establishments that provide milk or milk products for human consumption shall
				  be Grade A pasteurized, Grade A ultra-pasteurized or Grade A aseptic processed
				  (UHT), provided that dry milk products sold or provided for human consumption
				  may be Extra Grade, provided further that all milk and milk products (except
				  Extra Grade dry milk products) provided to institutions who receive funds from
				  the United States Government or the State of Louisiana for the purchase of milk
				  and milk products shall be Grade A pasteurized, ultra-pasteurized or
				  aseptically processed milk and milk products certified for interstate
				  shipment.
B. Provided, that when
				  the grade of a Grade A product has been lowered to Grade B, the state health
				  officer may authorize the sale of the Grade B milk or milk product for a
				  temporary period, not to exceed 30 days, provided further that the words Grade
				  B shall prominently appear on the principal display panel of all containers of
				  such product.
C. Provided further
				  that extra grade and standard grade dry milk and milk products and ungraded
				  evaporated milk or sweetened condensed milk in containers that have been retort
				  processed after packaging may be sold to the final consumer, restaurants,
				  institutions, grocery stores or other establishments that provide dry milk or
				  milk products or evaporated, concentrated or condensed milk.
D. All raw milk from cows, goats, sheep,
				  water buffaloes and other hooved mammals produced by dairy farms for sale to
				  dairy plants domiciled in Louisiana shall be Grade A raw milk for
				  pasteurization, provided that when the grade of a raw milk supply has been
				  lowered to manufacturing grade raw milk for pasteurization, the state health
				  officer may authorize the sale of manufacturing grade raw milk for
				  pasteurization from the degraded supply for a temporary period, not to exceed
				  30 days, provided further it is sold for non-Grade A use.
E. The sale, exchange or otherwise providing
				  [including bartering, selling stock in dairy cows in exchange for raw milk,
				  exchanging raw milk in return of animal feed or the cost of animal feed and any
				  other such type arrangement (regardless if there is an actual sale)] of raw
				  milk or dairy products made from raw milk (other than aged/ripened cheese
				  processed in a plant that conforms with the requirements contained in Chapter
				  25 of this Part) for human or animal consumption is prohibited.
EXCEPTION: This shall not be interpreted to prohibit a
					 farmer from providing raw milk for his/her own animals on his/her own
					 farm.
F. Filled milk,
				  filled milk products, imitation milk products and anomalous milk and milk
				  products shall conform with the bacteriological requirements for Grade A
				  pasteurized, ultra-pasteurized milk, or aseptically processed milk and milk
				  products contained in
				  §355 of this Part and shall be processed
				  and packaged in plants that conform with all of the requirements for dairy
				  plants that process Grade A pasteurized, ultra-pasteurized or aseptically
				  processed milk and milk products contained in
				  §901 (General Requirements for Dairy
				  Plants) of this Part.
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.