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 E - Regrading and Reinstatement of Permit › Section VII-347 - Reinstatement of Permit when Suspension was Based upon Adulteration of Product or Contamination of Pasteurized Product or Cheeses with Pathogenic Microorganisms of Human Significance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of a satisfactory application
				  and a statement, signed by the applicant, certifying that the cause of the
				  adulteration has been corrected and all product that was involved has been
				  recalled, from an operator whose permit was suspended based upon adulteration
				  of product, the state health officer shall take additional samples of the
				  applicants milk supply or dairy product. The state health officer may reinstate
				  the permit when a sample result indicates the supply or product is in
				  compliance, provided that it is the last sample collected. Provided further
				  that in cases in which the suspension of permit was due to a dairy farm's drug
				  residue violations of
Appendix N
of the
PMO
the state health officer shall make an inspection of the applicant's dairy farm
				  and as many additional inspections as deemed necessary by the state health
				  officer to assure that the applicant is again in substantial compliance with
				  all applicable requirements. Said application shall be accompanied by a
				  statement, signed by the applicant, to the effect that the cause of the
				  violation has been corrected.
B.
				  Upon receipt of a satisfactory application from an operator whose permit was
				  suspended based upon contamination with pathogenic microorganisms of human
				  significance and a written corrective action plan for eliminating and
				  preventing a reoccurrence of the contamination the state health officer shall:
1. Review the corrective action plan and
				  determine whether or not it is satisfactory. The state health officer may
				  reject the plan when, in the state health officer's opinion, it is not
				  satisfactory.
2. Upon concurring
				  with the corrective action plan; inspect the dairy plant to determine whether
				  the corrective action plan has been implemented to the state health officer's
				  satisfaction. In cases in which the plant is not domiciled in Louisiana, the
				  state health officer may accept certification that the plan has been
				  implemented from the dairy regulatory agency of that state or country. In cases
				  in which the state health officer deems that the regulatory agency of a state
				  or country is not technically capable of providing acceptable assurance that
				  the corrective action plan is being properly implemented, the state health
				  officer shall perform such inspections. The dairy plant shall be required to
				  pay all expenses the state health officer incurs in making the inspections.
				  Failure to adhere to the corrective action plan at any time may constitute
				  grounds for suspension of permit.
3. Take additional samples of the applicant's
				  product(s).
4. The state health
				  officer may reinstate the permit when the samples indicate the product no
				  longer contains pathogenic microorganisms of human significance and the
				  corrective action plan to prevent a reoccurrence of the problem has been
				  implemented to the state health officer's satisfaction.