Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 500.000 - Good Manufacturing Practices For Food › Supplemental Fluid Milk and Milk Products Regulations › Section 500.062 - Examination of Milk and Milk Products for Vitamin and Mineral Fortification

Current through Register 1525, July 5, 2024
(A)
Sampling
. Each
				pasteurization plant that adds vitamins or minerals to milk or milk products
				shall have at least two assays made per year, at approximately six month
				intervals. It shall be the responsibility of the pasteurization plant to
				provide for the submission and shipment of samples and payment for testing to a
				laboratory approved by the Department pursuant to 105 CMR 500.062(C).
(B)
Approved Methods for
				Laboratory Testing
. Samples for assay shall be analyzed at a
				laboratory approved by the Department using methods prescribed by
				administrative guidelines of the Department based on the
Association of
				Official Analytical Chemists' Official Methods of Analysis
, or by such
				modified methods as may be approved by the Department. Results of all assays
				conducted on milk and milk products and Grade A dry milk products for the
				purpose of meeting the requirements set forth in 105 CMR 500.062(A) shall be
				forwarded to the Department by the laboratory within ten days of obtaining test
				results. In addition, results of all assays conducted to determine if
				deficiencies in fortification procedures have been corrected shall be forwarded
				to the Department by such laboratory within ten days of obtaining test
				results.
(C)
Approval
				of Milk Laboratories
. Any person who desires to have his or her
				laboratory approved by the Department as a milk laboratory shall first satisfy
				the Department that tests to be made in such laboratory will be conducted by
				persons qualified by training and/or experience to make such tests accurately
				and that the tests will be conducted in accordance with administrative
				guidelines of the Department based on methods prescribed by the
Association of Official Analytical Chemists' Official Methods of
				Analysis
, or by such modified methods as may be approved by the
				Department. Laboratories operated and maintained by those persons who thus
				satisfy the Department shall be designated "Approved Laboratories".
(D)
Enforcement
.
(1) Whenever vitamin or mineral assay results
				indicate that fortification levels are not within the fortification levels
				required by 21 CFR §
											131.110:
Milk
, the pasteurization plant shall investigate its
				fortification procedures to determine the cause, and the cause shall be
				corrected. Additional samples of milk or milk products shall be taken and shall
				be resubmitted by the pasteurization plant to the approved laboratory for
				analysis within 30 days of notification of the original assay results. It shall
				be the responsibility of the pasteurization plant to provide for the submission
				and shipment of samples and payment for testing to the approved laboratory.
				Results of these tests shall also be forwarded to the Department by the
				laboratory within ten days of obtaining test results.
(2) Whenever the pasteurization plant fails
				to comply with requirements set forth in 105 CMR 500.062(D)(1), the Department
				may initiate proceedings to suspend or revoke the license.