Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 68 - Dairy › Rule 21-68.36 - Antibiotic Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The dairy
			 industry shall screen all Grade A and Grade B farm bulk milk pickup tankers and
			 farm can milk loads for beta lactam drug residues or other residues as
			 designated by the department. A sampling method shall be used with can milk
			 loads to ensure that the sample includes raw milk from every milk can on the
			 vehicle.
(2) When loads are found
			 to contain drugs or other inhibitors at levels exceeding federal Food and Drug
			 Administration established "safety levels," the department's dairy products
			 control bureau shall be notified immediately of the results and of the ultimate
			 disposition of the raw milk. Disposition shall be in a manner approved by the
			 bureau. The producer samples from the violative load shall be tested for
			 tracing the violation back to the violative producer. The primary
			 responsibility for tracing the violation back to the violative producer shall
			 be that of the initial purchaser of the raw milk.
(3) In every antibiotic incident, pickups of
			 milk from the violative individual producer(s) shall be immediately
			 discontinued and the permit shall be suspended until such time that subsequent
			 testing by a certified industry supervisor establishes that the milk does not
			 exceed safe levels of inhibitory residues. In addition, in every antibiotic
			 incident except when the load is negative and the milk can be used, the
			 violative producer shall pay the purchaser for the contaminated load of milk
			 and the producer will not be paid for the producer's share of milk on the
			 load.
(4) The dairy products
			 control bureau staff shall monitor the dairy industry inhibitor load testing
			 activities by making unannounced, on-site inspections to review the load
			 sampling records. The inspector may also collect load samples for testing in
			 the department's dairy laboratory.
(5) For the first violative occurrence within
			 a 12-month period, a department dairy products inspector shall conduct an
			 investigation.
(6) For the second
			 violative occurrence within a 12-month period, a department dairy products
			 inspector shall make an appointment with the producer and a dairy industry
			 representative to meet at the dairy facility within 10 working days of the
			 violative occurrence to inspect the drug storage and to determine the cause of
			 the second violation. In addition, the producer shall review the "Milk and
			 Dairy Beef Residue Prevention Protocol" with a veterinarian within 30 days of
			 the violative occurrence. The protocol certificate shall be signed by the
			 producer and the veterinarian. The producer shall send the dairy products
			 control bureau a copy of the signed certificate within 35 days of the
			 violation. Failure to Cornplete the course or to submit a copy of the
			 certificate to the dairy products control bureau is grounds for suspension or
			 revocation of a violative producer's permit to sell raw milk.
(7) For the third violative occurrence within
			 a 12-month period, the producer shall attend a hearing concerning the third
			 violation at a time, date, and place set by the department. At the hearing, the
			 producer shall explain the history of the violations and steps taken to prevent
			 a repetition of the violation. At the conclusion of the hearing, the department
			 may order the producer to take additional steps to avoid future repetition of
			 the violation. Failure of the producer to abide by the conditions set by the
			 department is grounds for the department to initiate an action to suspend or
			 revoke the producer's permit to sell raw milk.
(8) In every antibiotic incident of a
			 nonCornmingled load of milk where there is only one producer on the load, the
			 load shall be discarded and the producer shall pay for the disposition of the
			 load and for the cost of hauling. In addition, the producer and employee(s)
			 shall review the "Milk and Dairy Beef Residue Prevention Protocol" with a
			 veterinarian within 30 days, and the protocol certificate shall be signed by
			 the veterinarian, the producer and the employee(s). The certificate shall be
			 received by the dairy products control bureau within 35 days of the violative
			 occurrence or the permit will be suspended until the certificate is received.
			 For the third violation within a 12-month period, the producer shall be
			 required to attend a hearing in the same manner as specified in subrule
			 68.36(7).
(9) When the antibiotic
			 tests show that a load is nonviolative, but routine producer sampling finds
			 that a producer on the load is violative, the permit shall be suspended until
			 subsequent testing establishes that the milk does not exceed safe levels of
			 inhibitory residues. The first or second monetary penalty within a 12-month
			 period shall be waived. In case of a third violation within a 12-month period,
			 procedures shall be initiated as provided in subrule 68.36(7).
(10) Each violative occurrence within a
			 12-month period, including a violative producer found on a nonviolative load,
			 shall count as a first, second, third or fourth violation against the
			 producer.
(11) Records shall be
			 kept by the industry at each receiving or transfer station of all inCorning
			 farm pickup loads of raw milk. The records shall be retained for a period of at
			 least 12 months.
a. The records shall include
			 the following information:
(1) Name of the
			 organization;
(2) Name of test(s)
			 used;
(3) Controls, positive and
			 negative;
(4)
			 Dateoftest(s);
(5) Time the test
			 was performed;
(6) Temperature of
			 the milk in the tanker at the time of sampling;
(7) Identification of the load;
(8) Pounds of milk on the load;
(9) Initials of the person filling out the
			 record.