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-XIII - EXAMINATION OF MILK AND MILK PRODUCTS

Current through 2024-29, July 17, 2024
A. SAMPLE
				COLLECTION
1. It shall be the responsibility
				of the milk hauler to collect a representative sample of milk from each farm
				bulk tank, silo, or from a properly installed and operated in-line sampler or
				aseptic sampler that is approved for use by the Department and FDA to collect
				samples, prior to transferring or as transferring milk utilizing an aseptic
				sampler from a farm bulk tank, silo, truck or other container. All samples must
				be collected and delivered to a milk plant, receiving station, transfer station
				or other location approved by the Department.
2. It shall be the responsibility of the
				industry plant sampler to collect a representative sample of milk from each
				milk tank truck or from a properly installed and operated aseptic sampler,
				which is approved for use by the Department and FDA to collect representative
				samples, prior to transferring milk from a milk tank truck. Industry plant
				samplers collect official samples for regulatory purposes at a milk plant,
				receiving station or transfer station.
3. During any consecutive six (6) months, at
				least four (4) samples of raw milk for pasteurization, ultra-pasteurization, or
				aseptic processing and packaging must be collected, in at least four (4)
				separate months, except when three (3) months show a month containing two (2)
				sampling dates separated by at least twenty (20) days. These samples must be
				obtained under the direction of the Department or must be taken from each
				producer under the direction of the Department and delivered in accordance with
				this Section.
4. During any
				consecutive six (6) months, at least four (4) samples of raw milk for
				pasteurization, ultra-pasteurization or aseptic processing and packaging must
				be collected in at least four (4) separate months, except when three (3) months
				show a month containing two (2) sampling dates separated by at least twenty
				(20) days. These samples must be obtained by the Department, from each milk
				plant after receipt of the milk by the plant and prior to pasteurization,
				ultra-pasteurization or aseptic processing and packaging.
5. During any consecutive six (6) months, at
				least four (4) samples of heat-treated milk products, from plants offering such
				products for sale, must be collected in at least four (4) separate months,
				except when three (3) months show a month containing two sampling dates
				separated by at least 20 days and delivered to the Department in accordance
				with this section.
6. During any
				consecutive six (6) months, at least four (4) samples of pasteurized milk,
				ultra-pasteurized milk, flavored milk, flavored reduced fat or low-fat milk,
				flavored nonfat (skim) milk, each fat level of reduced fat or low-fat milk and
				each milk product defined in this Rule, must be obtained by the Department in
				at least four (4) separate months, except when three (3) months show a month
				containing two (2) sampling dates separated by at least twenty (20) days from
				every milk plant. All required sampling and testing of pasteurized and
				ultra-pasteurized milk and milk products to be done only when there are test
				methods available that are validated by FDA and accepted by the NCIMS. Products
				with no validated and accepted methods are not required to be tested.
				Aseptically processed and packaged milk and milk products shall be exempt from
				the sampling and testing requirements of this item. Samples must include a
				representative sample of every specific type of milk and milk product offered
				for sale.
7. During any consecutive
				six (6) months, at least four (4) samples of each variety, flavor or type of
				"not pasteurized" milk and milk products must be collected in at least four (4)
				separate months, except when three (3) months show a month containing two (2)
				sampling dates separated by at least twenty (20) days, from every milk
				distributor, by the department.
8.
				During any consecutive six (6) months at least four (4) sample sets of single
				service containers from each manufacturing line, must be collected by the
				Department in at least four (4) separate months, except when three (3) months
				show a month containing two (2) sampling dates separated by at least twenty
				(20) days from every manufacturer. A sample set is at least four (4)
				containers.
9. Once every twelve
				(12) months at least four (4) samples of multi-use containers, must be
				collected by the Department from each milk distributor.
10. Samples of milk and milk products must be
				taken while the milk and milk products are in the possession of the producer,
				milk plant or distributor at any time prior to delivery to the store or
				consumer. All retail samples shall be collected from the labeled containers in
				which they are sold. Samples of milk and milk products from dairy retail
				stores, food service establishments, grocery stores and other places where milk
				and milk products are sold may be examined periodically as determined by the
				Department and the results of such examination shall be used to determine
				compliance with Sections
				II and
				VIII. Managers of such
				establishments must furnish the Department, upon request, with the names of all
				distributors from whom milk or milk products are obtained.
11. Milk and milk products not produced
				continuously throughout the year are exempt from being sampled four (4) times
				in any six (6) consecutive months. Frozen dairy desserts and eggnog must be
				sampled one (1) time, each month during the production season.
12. Water samples, from the water supply for
				the milk house and milking operations, must be taken at least once every three
				(3) years or more frequently at the Department's discretion. The Department may
				also, at its discretion, inspect the water supply system including any
				disinfection components as applicable. Water supplies with buried well casing
				seals, must be sampled at intervals no greater than six (6) months apart. Water
				samples, from the water supply for milk plant purposes, must be collected every
				six (6) months for IMS plants and every twelve (12) months for all other
				plants. Recirculating water must be sampled every six (6) months for all dairy
				plants. Dairy farms and dairy plants that use municipal water supplies shall be
				exempt from these water testing requirements.
(a) Failure of an official water sample will
				result in a letter being sent to the farm, plant, dairy or any other milking
				operation requiring a clean water supply giving notice of the failure. Water
				will be resampled at a future date to be determined by the
				Department;
(b) After a second
				sample failure a warning letter or notice of intended enforcement will be sent
				to the farm, plant, dairy or any other milking operation requiring a clean
				water supply giving notice that a third sample will be taken.
(c) If the third sample fails the permit or
				license to operate will be suspended, until such time as a clean (satisfactory)
				water sample is obtained, but not more than a period of 30-days pending an
				administrative hearing to indefinitely suspend the permit or license.
13. Failure to provide the
				required samples of milk or milk products as specified in this section may
				result in enforcement action up to and including suspension of permit or
				license.