Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 68 - Dairy › Rule 21-68.11 - Suspension of Dairy Farm Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Grade A and Grade B farm permit suspension and revocation. The department may
			 temporarily suspend a Grade A or Grade B farm permit if the dairy farm fails to
			 meet all the requirements as set forth in the P.M.O. or the Grade B United
			 States Department of Agriculture document titled, "Milk for Manufacturing
			 Purposes and Its Production and Processing, Recommended Requirements,"
			 effective July 21, 2011. A Grade A farm under temporary suspension of the Grade
			 A permit may sell the milk as "milk for manufacturing purposes" until
			 reinstated as a Grade A farm if the former Grade A farm meets the requirements
			 necessary to sell Grade B milk. A Grade B farm under temporary suspension of
			 the Grade B permit may sell milk as "Undergrade Class 3" until reinstated as a
			 Grade B farm if the former Grade B farm meets the requirements of Undergrade
			 Class 3. If an inspection reveals a violation which, in the opinion of the
			 inspector, is an imminent hazard to the public health, the inspector shall take
			 immediate action to prevent any milk believed to have been exposed to the
			 hazard from entering commerce. In addition, the inspector shall immediately
			 notify the department that such action has been taken. In other cases, if there
			 is a repeat violation of a dairy standard as determined by two consecutive
			 routine inspections of a dairy farm, the inspector shall immediately refer the
			 violation to the department for action. The department may revoke the dairy
			 permit of a person that the department determines is a habitual violator as
			 defined in rule
			 21-68.1
			 (192,194).
(2) Summary suspension
			 of dairy farm permits. If the department finds that the public health, safety
			 or welfare imperatively requires emergency action, summary suspension of a
			 permit may be ordered pending proceedings for revocation or other action. If a
			 permit is summarily suspended, no milk or milk products may be sold or offered
			 for sale until permit is reinstated.
The following situations or incidents are situations in which
				summary suspension is appropriate:
a.
			 Unclean milk contact surfaces of equipment or utensils.
b. Filthy conditions in a milking barn or
			 parlor or in a cattle housing area, including several days' accumulation of
			 manure in the milking barn gutters, calf pens or in other areas.
c. Filthy conditions in a cow yard and very
			 dirty cows.
d. Filthy conditions in
			 a milk room/milk house.
e. Water
			 supply, water pressure, or water heating facilities not in compliance with
			 standard operating procedures.
f.
			 No access to hand-washing facility in the milk room/milk house.
g. Violation of standards under this chapter
			 related to well construction or potability of water supply, including any cross
			 connections between potable and nonpotable water sources.
h. Lack of an approved sanitizer in the milk
			 room/milk house or adjacent storage area to meet the sanitizing
			 requirements.
i. Visibly dirty
			 udders and teats on cows being milked.
j. Milk not cooled in compliance with subrule
			 68.22(4).
k. Rodent activity in the
			 milk room/milk house, or severe rodent activity in a milking barn or milking
			 parlor or in a feed storage room.
l. Dead animals in the milking barn, parlor
			 or cow yard.
m. Other situations
			 where the department determines that conditions warrant immediate action to
			 prevent an imminent threat to the public health or welfare.