reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-04 - Licensing Procedures for Dairy Farms › Section 7-03.2-04-01 - General requirements for licensing dairy farms

Current through Supplement No. 393, July, 2024
1. All dairy farms wishing to sell milk must
				apply for a farm license. No farm may sell milk without a license.
2. Application for a license must be filed
				with the commissioner. Soon after receiving the application the commissioner
				shall inspect the farm and its facilities and premises.
3. A set of plans containing information on
				the dairy farm, milking facility, and milking equipment must be submitted to
				the commissioner for new dairy farms and prior to major changes in existing
				facilities. The plans must be provided by the dairy producer and approved by
				the commissioner prior to licensure and prior to starting any
				construction.
4. A facility
				inspection must be conducted and a water sample taken as a licensing
				requirement. Satisfactory results from both these items will result in the
				posting of an inspection sheet, which certifies that the facility can sell milk
				in North Dakota.
5. The inspection
				sheet must be prominently posted in the milkhouse and is part of the record in
				all administrative proceedings involving compliance with North Dakota Century
				Code chapter 4.1-25 and rules enacted under it.
6. The commissioner will license dairy farms
				either as:
a. Grade A, which is a farm that
				is licensed to meet production practices required by North Dakota Century Code
				section 4.1-25-30; or
b.
				Manufacturing grade, which is a farm that is licensed to meet production
				requirements required by North Dakota Century Code section 4.1-25-28.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-04 - Licensing Procedures for Dairy Farms › Section 7-03.2-04-02 - Special requirements for licensing dairy farms

Current through Supplement No. 393, July, 2024
1.
Grade A
				milk farm.
To be licensed as a grade A milk farm, the farm must satisfy
				the following:
a. The farm must score a
				ninety or above during the initial inspection, without any equipment cleaning,
				major drug labeling, major drug storage, or milk cooling violations.
b. The water supply must meet the
				requirements of the North Dakota board of water well contractors and state
				department of health, or the water supply must be approved for municipal or
				rural water use by the state department of health.
c. Wells must be at least ten feet [3.01
				meters] from hydrants unless the hydrant is frost-free style and with an
				approved atmospheric vacuum breaker or the hose connection threads are cut
				off.
d. The farm bulk tank must be
				empty at the time of licensing.
e.
				The hoseport must be installed in an exterior milkhouse wall.
f. Neither light fixtures nor vents may be
				placed over bulk tanks.
g. Light
				must be provided to properly inspect the interior of bulk tanks.
h. Livestock or fowl may not have access to
				truck approach (driveway) or loading area.
i. Hot water heater capacity must be adequate
				to properly clean equipment.
j.
				There must be adequate backflow preventors upstream from tube, plate coolers
				and heat exchangers to protect the milkhouse and water supply. Backflow
				preventors are also required downstream of tubeplate coolers, and heat
				exchangers unless there is a physical break downstream. The physical break must
				be at least two times the diameter of the discharge line.
k. Properly mounted and installed 36A or N36
				vacuum relief valves or a properly installed low pressure cut off switch
				downstream from a shut off valve, are required on power washers and booster
				pumps.
l. All equipment must meet
				applicable 3A standards and practices.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-04 - Licensing Procedures for Dairy Farms › Section 7-03.2-04-03 - Denial of license and appeal

Current through Supplement No. 393, July, 2024
1. Should the inspection determine that
				deficiencies exist, causing a score below a ninety without any equipment
				cleaning, major drug labeling, major drug storage, or milk cooling violations,
				the farm may not be licensed.
2.
				The producer shall correct deficiencies before requesting a
				reinspection.
3. A producer denied
				a license may appeal that decision to the commissioner within thirty days of
				the denial, by requesting, in writing, a hearing. The commissioner shall
				convene a hearing as soon as possible.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC
					 4.1-25-02
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-04 - Licensing Procedures for Dairy Farms › Section 7-03.2-04-04 - Temporary facilities' license for selling raw milk

Current through Supplement No. 393, July, 2024
1. Application must be made to the
				commissioner to license temporary facilities for dairy shows, fairs,
				etc.
2. Temporary facilities must
				comply with all construction requirements in article 7-03.2 and in North Dakota
				Century Code chapter 4-30 for farm facilities offering raw milk for sale.
				Lactating dairy animals must never be housed with fowl, swine, or other
				potential carriers of milk-borne illnesses.
3. An onsite facility inspection must be
				conducted by the commissioner prior to milk sales. If a temporary permit is
				issued, the permit will be the commissioner's inspection sheet, which the
				licensee must post in a place at the licensed facility to be readily viewed by
				the public. The permit duration will be set by the commissioner.
4. All milk offered for sale from facilities
				with temporary permits must be screened by the licensee for inhibitory
				substances by use of the Delvo P or other tests accepted by the commissioner.
				The person administering the test must be a licensed tester.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27,
					 4-30-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-04 - Licensing Procedures for Dairy Farms › Section 7-03.2-04-05 - Grade A farms - Loss of status - Inspection - Access

Current through Supplement No. 393, July, 2024
1. If a grade A
				farm has three repeat violations that concern the same inspection item, or if
				the farm scores seventy-five or below in an inspection, it will be downgraded
				to manufacturing grade status. The commissioner shall notify the milk plant,
				the milk hauler, and the producer of the status change.
2. A grade A farm in violation of equipment
				cleaning, drugs, temperature, and other requirements established to protect the
				public from serious health risks will be reinspected not before three days but
				before twenty-one days.
3. If a
				grade A dairy farm is downgraded three times in any two-year period for any
				reason, the farm must remain downgraded for up to ninety days as determined by
				the commissioner. For a farm to regain a grade A license, a reinstatement
				inspection is required.
4. If
				access to a grade A farm is denied to persons seeking to undertake an
				inspection, federal check rating, an interstate milk survey, or any state
				inspection, then the farm will be immediately downgraded to manufacturing grade
				status and will lose its grade A status.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC 4.1-25-24,
					 4.1-25-30
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-01 - Herd health

Current through Supplement No. 393, July, 2024
Milk offered for sale must be obtained from healthy
				  cows.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27,
					 4-30-40
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-02 - Quality standards

Current through Supplement No. 393, July, 2024
1. Milk offered for sale must meet United
				States department of agriculture regulations.
2. The commissioner will place a producer's
				raw milk under warning when:
a. Two of the
				last four bacteria counts exceed 500,000 cells/ml. No sooner than three days,
				nor more than twenty-one days, after the commissioner issues the warning,
				another milk sample must be taken and tested. If the result is more than
				500,000 cells/ml, the producer's milk must be excluded from the market. To
				regain access to the market the farm must pass an inspection by the
				commissioner, during which the bulk milk tank must be empty, and the farm's
				milk must be sampled and tested under and must meet conditions set by the
				commissioner. If the result of this test is 500,000 cells/ml or less, a
				temporary permit will be issued. If a temporary permit is issued, three milk
				samples must be taken within twenty-one days after the permit is issued. No
				more than two samples may be taken within any seven-day period. If the bacteria
				count of all three samples is 500,000 cells/ml or less, the producer will again
				have full status for manufacturing grade milk.
b. Two out of the last four monthly somatic
				cell counts exceed 750,000 cells/ml. No sooner than three days, nor more than
				twenty-one days, after the commissioner issues the warning another milk sample
				must be taken and tested. If the result is more than 750,000 cells/ml, the
				producer's milk must be excluded from the market. To regain access to the
				market the farm's milk must be sampled and tested and must meet conditions set
				by the commissioner. If the result of this test is 750,000 cells/ml or less, a
				temporary permit will be issued. If a temporary permit is issued, three milk
				samples must be taken within twenty-one days after the permit is issued. No
				more than two samples may be taken within any seven-day period. If the somatic
				count of all three samples is 750,000 cells/ml or less, the producer will again
				have full status for manufacturing grade milk.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-03 - Water supply

Current through Supplement No. 393, July, 2024
1. The farm's water
				supply must be properly located, protected, and operated and must be an ample
				supply and safe for cleaning utensils and equipment. Rural farm water supplies
				approved by the state department of health are acceptable. Wells constructed in
				compliance with state board of water well contractors and tested every three
				years by an approved laboratory and found to be satisfactory are acceptable.
				Other water supplies approved by the commissioner and tested annually and found
				to be satisfactory are acceptable. All water sources must be tested following
				repairs or other disruptions to the water system and must be found
				satisfactory. All new water supplies to dairy farms must comply with either the
				state department of health requirements for rural water or the state board of
				water well contractors requirements for well construction.
2. Handwashing facilities with soap,
				individual sanitary towels, and hot and cold water under pressure must be
				provided.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-04 - Milk truck approach - Hoseport slab - Port opening

Current through Supplement No. 393, July, 2024
The milk truck approach to the milk loading area must prevent
				  excess mud and allow easy access to the milkroom. Farm animals must not have
				  free access to the milk loading area. The hoseport slab and milk loading area
				  must be kept clean. The hoseport slab must be constructed of concrete or other
				  impervious material and centered under the port opening through which milk is
				  transferred from the bulk tank to the milk truck. The hoseport slab must be
				  sufficiently large to protect the milk hose from contamination. The port
				  opening must be closed when not in use.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC
					 4.1-25-30
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-05 - Waste

Current through Supplement No. 393, July, 2024
All toilet wastes on the farm and all milkhouse and milkroom
				  wastes must be disposed of in a manner that will not pollute the soil surface,
				  contaminate any water supply, or be exposed to insects.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-06 - Federal requirements

Current through Supplement No. 393, July, 2024
Farms selling manufacturing grade milk must comply with
				  United States department of agriculture rules governing such
				  facilities.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-07 - Pesticides and medicines

Current through Supplement No. 393, July, 2024
Only pesticides approved for use in the milkroom with an
				  environmental protection agency number may be stored in the milkroom and when
				  used must be used in accordance with label instructions. Automatic pesticide
				  dispensers are allowed if properly installed and used with approved pesticides.
				  Antibiotics and other medicines may be stored in the milkroom if stored in a
				  manner that ensures that neither the milk supply nor milk contact equipment is
				  contaminated.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-08 - Bulk milk - Tank - Conversion table - Temperature

Current through Supplement No. 393, July, 2024
The bulk milk tank must be equipped with an approved milk
				  measuring device. A conversion table to determine pounds [kilograms] must be in
				  the milkroom. Milk above forty-five degrees Fahrenheit [7.22 degrees Celsius]
				  must not be offered for sale or transported off the farm.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-09 - Premises cleanliness

Current through Supplement No. 393, July, 2024
The farm must be kept clean. Manure must be removed daily
				  from the milking parlor or stored in a way that prevents access by cows.
				  Stacked or piled manure and manure packs in housing facilities must be spread
				  prior to fly season each year The yard or loafing area must be of ample size to
				  prevent overcrowding, must be drained to prevent standing water pools, and must
				  be kept clean.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-10 - Milking procedures

Current through Supplement No. 393, July, 2024
All milking procedures must comply with United States
				  department of agriculture regulations.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-05 - Manufacturing Farm Regulations › Section 7-03.2-05-11 - Farm inspection procedures and enforcement

Current through Supplement No. 393, July, 2024
1. Farms under warning for cleaning
				violations, major drug violations, or cooling equipment problems will be
				inspected within twenty-one days.
2. Items for which the commissioner has
				established a compliance deadline are exempted from further action until the
				deadline has expired.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-27,
					 4-30-28
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-06 - Changing the Milk Buyer › Section 7-03.2-06-01 - Transfer procedures

Current through Supplement No. 393, July, 2024
1. A dairy producer
				who wants to contract with a new milk buyer shall apply to the commissioner for
				authority to do so. The application must be on forms provided by the
				commissioner.
2. Upon receipt of an
				application, the commissioner shall examine the applicant's inspection and milk
				quality records. If the records indicate that the applicant meets minimum milk
				quality standards and is under no suspension or suspension warning, the
				commissioner shall immediately approve the application and mail a copy to the
				applicant and the buyers involved. Should the applicant's records leave doubt
				about whether minimum standards are met, the commissioner shall immediately
				order a milk sample be taken or an inspection of the dairy facility, or both,
				to determine compliance. If the inspection and milk quality tests conclude that
				the applicant meets minimum standards, the commissioner shall immediately
				approve the transfer. The transfer takes effect on the date the commissioner
				approves it or on another date the commissioner sets.
3. The commissioner shall approve or
				disapprove an application in writing, within seven days. Additional time may be
				taken if the commissioner requires a farm inspection or testing a milk
				sample.
4. Upon the applicant's
				written request, which must be submitted within thirty days of the denial of a
				transfer request, the commissioner shall promptly convene a hearing to
				determine whether the denial was proper.
5. If an applicant wishes to retain the
				applicant's current milk buyer before the approved transfer date, the applicant
				may ask the commissioner to rescind the transfer. The applicant must notify the
				buyers involved that the transfer was rescinded.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-32
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-07 - Milk and Milk Products Standards › Section 7-03.2-07-01 - Chemical, physical, bacteriological, and temperature standards

Current through Supplement No. 393, July, 2024
All milk and milk products must meet the chemical, physical,
				  bacteriological, and temperature standards established by the United States
				  department of agriculture regulations and by the pasteurized milk
				  ordinance.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-07 - Milk and Milk Products Standards › Section 7-03.2-07-02 - Enforcement procedures

Current through Supplement No. 393, July, 2024
1.
				Whenever three of the last five consecutive bacteria, temperature, or coliform
				counts exceed the standards of the pasteurized milk ordinance or United States
				department of agriculture regulations, the commissioner will suspend the
				license of the plant processing the product.
2. Whenever any phosphatase test is positive,
				the commissioner shall conduct an investigation to determine the cause and the
				product in question may not be offered for sale until the cause is determined
				and eliminated.
3. Whenever any
				drug or pesticide test results in a level exceeding the limits established by
				the food and drug administration or environmental protection agency, the
				product in question must be removed from the market and the commissioner shall
				conduct an investigation to determine the cause. The milk product in question
				may not be offered for sale until the cause is determined and
				eliminated.
4. Raw milk cheese may
				not be processed or sold in North Dakota. All milk to be used for cheese
				processing must be heat- treated or pasteurized. The heat treatment must be at
				least one hundred forty-seven degrees Fahrenheit [63.89 degrees Celsius] for
				twenty-one seconds, or at least one hundred fifty-three degrees Fahrenheit
				[67.22 degrees Celsius] for fifteen seconds.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36,
					 4-30-56
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-07 - Milk and Milk Products Standards › Section 7-03.2-07-02 - Enforcement procedures

Current through Supplement No. 393, July, 2024
1. Whenever three
				of the last five consecutive bacteria, temperature, or coliform counts exceed
				the standards of the pasteurized milk ordinance or United States department of
				agriculture regulations, the commissioner will suspend the license of the plant
				processing the product.
2. Whenever
				any phosphatase test is positive, the commissioner shall conduct an
				investigation to determine the cause and the product in question may not be
				offered for sale until the cause is determined and eliminated.
3. Whenever any drug or pesticide test
				results in a level exceeding the limits established by the food and drug
				administration or environmental protection agency, the product in question must
				be removed from the market and the commissioner shall conduct an investigation
				to determine the cause. The milk product in question may not be offered for
				sale until the cause is determined and eliminated.
4. Cheeses processed or sold in North Dakota
				must meet definitions and standards found in title 21, Code of Federal
				Regulations, Part 133.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC 4.1-25-29, 4.1-25-30,
					 4.1-25-52
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-08 - Composition Standards for Milk Products › Section 7-03.2-08-01 - Composition standards for milk products

Current through Supplement No. 393, July, 2024
All pasteurized milk ordinance-defined milk and milk products
				  must satisfy the composition standards set by the pasteurized milk ordinance
				  and food bearing standardized food names must comply with the Code of Federal
				  Regulations standard.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-09 - Frozen Desserts › Section 7-03.2-09-01 - Frozen desserts - Manufacturers and processors regulations

Current through Supplement No. 393, July, 2024
1. For the purposes of this chapter, frozen
				desserts include ice cream, ice milk, sherbet, soft serve, frozen yogurt, and
				any frozen dessert or ice cream mix containing dairy products.
2. A license from the commissioner is
				required for any frozen dessert processor that packages, freezes, or adds
				flavors to ice cream mix. Establishments taking the product directly from the
				mix freezer and delivering it directly to the ultimate consumer are exempt from
				licensing.
3. All frozen dessert
				processors must be inspected once every three months by the
				commissioner
4. All new equipment
				used by frozen dessert processors must comply with 3A standards or other
				standards acceptable to the commissioner. Modifications of plant processes for
				manufacturing frozen desserts must be submitted to the commissioner for
				approval prior to installation or construction.
5. All raw milk and dairy ingredients used in
				processing frozen desserts must be pasteurized and must originate from plants
				approved by the United States department of agriculture, the food and drug
				administration, or the commissioner.
6. Sanitary requirements, at a minimum, must
				meet United States department of agriculture regulations for manufacturing
				frozen desserts.
7. Four samples
				within a six-month period must be collected by the commissioner from each
				frozen dessert processor.
8.
				Samples must be handled in accordance with the standard methods. Samples must
				be tested at laboratories approved by the commissioner.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02,
					 4-30-33,
					 4-30-35,
					 4-30-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-09 - Frozen Desserts › Section 7-03.2-09-01 - Frozen desserts - Manufacturers and processors regulations

Current through Supplement No. 393, July, 2024
1. For the purposes of this chapter, frozen
				desserts include ice cream, ice milk, sherbet, soft serve, frozen yogurt, and
				any frozen dessert or ice cream mix containing dairy products.
2. A license from the commissioner is
				required for any frozen dessert processor that packages, freezes, or adds
				flavors to ice cream mix. Establishments selling or delivering directly to the
				ultimate consumer are exempt from licensing.
3. All frozen dessert processors must be
				inspected once every three months by the commissioner.
4. All new equipment used by frozen dessert
				processors must comply with 3A standards or other standards acceptable to the
				commissioner. Modifications of plant processes for manufacturing frozen
				desserts must be submitted to the commissioner for approval prior to
				installation or construction.
5.
				All raw milk and dairy ingredients used in processing frozen desserts must be
				pasteurized and must originate from plants approved by the United States
				department of agriculture, the food and drug administration, or the
				commissioner.
6. Sanitary
				requirements, at a minimum, must meet United States department of agriculture
				regulations for manufacturing frozen desserts.
7. Four samples within a six-month period
				must be collected by the commissioner from each frozen dessert
				processor.
8. Samples must be
				handled in accordance with the standard methods. Samples must be tested at
				laboratories approved by the commissioner.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC 4.1-25-02, 4.1-25-29,
					 4.1-25-30
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-09 - Frozen Desserts › Section 7-03.2-09-02 - Microbiological requirements for ice cream, ice milk, ice cream mix, and frozen yogurt

Current through Supplement No. 393, July, 2024
1. The United
				States department of agriculture regulations that set microbiological
				requirements for frozen desserts apply to ice cream, ice milk, ice cream mix,
				and frozen yogurt.
2. All milk,
				when delivered to a plant to be used in making ice cream, ice milk, ice cream
				mix, or frozen yogurt, must have a temperature of forty-five degrees Fahrenheit
				[7.22 degrees Celsius] or lower. If the delivered milk is from a single
				producer, it must not exceed five hundred thousand per milliliter standard
				plate count. If the delivered milk is commingled, it must not exceed one
				million per milliliter standard plate count.
3. All cream delivered to a plant to be used
				in making ice cream, ice milk, ice cream mix, or frozen yogurt must have a
				temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower.
				All delivered cream must not exceed eight hundred thousand per milliliter
				standard plate count.
4. All dry
				dairy ingredients to be used in making ice cream, ice milk, ice cream mix, or
				frozen yogurt must meet the manufacturing standards set by United States
				department of agriculture regulations.
5. All ice cream, ice milk, ice cream mix,
				and frozen yogurt products must meet the following phosphatase and coliform
				requirements:
a. Phosphatase. The phenol value
				of a product may be no greater than the minimum specified for the product as
				determined by the phosphatase test in the standard methods, or other tests
				approved by the commissioner.
b.
				Coliform.
(1) In plain ice cream, ice milk,
				ice cream mix, and frozen yogurt products, the coliform may not exceed ten per
				milliliter. Further, these products must not exceed twenty thousand per
				milliliter standard plate count.
(2) In flavored ice cream, ice milk, ice
				cream mix, and yogurt products, the coliform may not be more than twenty per
				milliliter. Further, these products must not exceed twenty thousand per
				milliliter standard plate count.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-09 - Frozen Desserts › Section 7-03.2-09-02 - Microbiological requirements for ice cream, ice milk, ice cream mix, and frozen yogurt

Current through Supplement No. 393, July, 2024
1. The United
				States department of agriculture regulations that set microbiological
				requirements for frozen desserts apply to ice cream, ice milk, ice cream mix,
				and frozen yogurt.
2. All milk,
				when delivered to a plant to be used in making ice cream, ice milk, ice cream
				mix, or frozen yogurt, must have a temperature of forty-five degrees Fahrenheit
				[7.22 degrees Celsius] or lower. If the delivered milk is from a single
				producer, it must not exceed five hundred thousand per milliliter standard
				plate count. If the delivered milk is commingled, it must not exceed one
				million per milliliter standard plate count.
3. All cream delivered to a plant to be used
				in making ice cream, ice milk, ice cream mix, or frozen yogurt must have a
				temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower.
				All delivered cream must not exceed eight hundred thousand per milliliter
				standard plate count.
4. All dry
				dairy ingredients to be used in making ice cream, ice milk, ice cream mix, or
				frozen yogurt must meet the manufacturing standards set by United States
				department of agriculture regulations.
5. All ice cream, ice milk, ice cream mix,
				and frozen yogurt products must meet the following phosphatase and coliform
				requirements:
a. Phosphatase. The phenol value
				of a product may be no greater than the minimum specified for the product as
				determined by the phosphatase test in the standard methods, or other tests
				approved by the commissioner.
b.
				Coliform.
(1) In plain ice cream, ice milk,
				ice cream mix, and frozen yogurt products, the coliform may not exceed ten per
				milliliter. Further, these products must not exceed fifty thousand per
				milliliter standard plate count.
(2) In flavored ice cream, ice milk, ice
				cream mix, and yogurt products, the coliform may not be more than twenty per
				milliliter. Further, these products must not exceed fifty thousand per
				milliliter standard plate count.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-09 - Frozen Desserts › Section 7-03.2-09-03 - Resampling

Current through Supplement No. 393, July, 2024
When a sample exceeds the microbiological requirements, the
				  licensed operator must be notified in writing. When two samples out of four
				  consecutive samples are not in compliance, a warning must be sent. After which,
				  an additional sample must be taken in not less than three days or more than
				  twenty-one days from the notification. An inspection must be made at this time
				  to determine sanitary conditions. When three out of five consecutive samples
				  are not in compliance, sale of the product must be stopped until the test
				  results are in compliance.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC 4.1-25-29, 4.1-25-30,
					 4.1-25-44
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-09 - Frozen Desserts › Section 7-03.2-09-03 - Resampling

Current through Supplement No. 393, July, 2024
When a sample exceeds the microbiological requirements, the
				  licensed operator must be notified in writing. When two samples out of four
				  consecutive samples of the same flavor are not in compliance, a warning must be
				  sent. The next batch produced of that flavor shall be sampled. When three out
				  of five consecutive samples of the same flavor are not in compliance, sale of
				  the flavored product must be stopped until the test results are in
				  compliance.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC 4.1-25-29, 4.1-25-30,
					 4.1-25-44
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-10 - Inspection Requirements for Dairy Manufacturing and Processing Plants › Section 7-03.2-10-01 - Premises

Current through Supplement No. 393, July, 2024
Dairy processing plants must comply with United States
				  department of agriculture regulations for approved dairy plants and regulations
				  for grades of dairy products and with appendix H of the pasteurized milk
				  ordinance.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-34
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-11 - Inspection Criteria for Grade A Plants › Section 7-03.2-11-01 - Inspection criteria

Current through Supplement No. 393, July, 2024
All grade A milk must be processed according to the
				  requirements of the pasteurized milk ordinance.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-12 - Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes › Section 7-03.2-12-01 - Licensing

Current through Supplement No. 393, July, 2024
All persons owning or operating a truck or other vehicle
				  involved in transporting milk and cream for manufacturing purposes must be
				  licensed by the commissioner.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02,
					 4-30-12,
					 4-30-38.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-12 - Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes › Section 7-03.2-12-02 - Equipment and vehicles

Current through Supplement No. 393, July, 2024
The maximum amount of time between pickup of milk on the farm
				  is ninety-six hours. All equipment used to transport milk or cream must conform
				  to 3A standards, or other standards acceptable to the commissioner. Equipment
				  not meeting 3A standards and not otherwise having the commissioner's approval
				  must be sealed or tagged by the commissioner and may not be used for storing
				  and transporting milk and milk products. Vehicles used for transporting milk or
				  milk products may not be used for transporting other products, unless approved
				  by the commissioner.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-38
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-12 - Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes › Section 7-03.2-12-03 - Raw milk pickup

Current through Supplement No. 393, July, 2024
1. Raw milk picked
				up on the farm must be stored in containers meeting all the following
				requirements:
a. Comply with 3A standards, or
				other standards approved by the commissioner
b. Able to agitate to obtain a universal
				sample.
c. Able to hold milk at a
				temperature between thirty-two to forty-five degrees Fahrenheit [0 to 7.22
				degrees Celsius].
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-12 - Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes › Section 7-03.2-12-04 - Pup trailers - Two-compartment tankers

Current through Supplement No. 393, July, 2024
When pup trailers are used in hauling milk and milk products,
				  the connecting pipeline between the main tanker and pup trailer must be kept
				  free of milk or milk products during transport. Any milk retained in the
				  connecting pipeline must be disposed of and not transferred to plant storage
				  silos or tanks. These connecting pipelines or hoses must be cleaned and
				  sanitized between each use. Two-compartment tankers must carry the same grade
				  product in each compartment unless all the milk is used for the lowest
				  grade.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-38
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-12 - Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes › Section 7-03.2-12-05 - Washing trucks

Current through Supplement No. 393, July, 2024
1.
a. All
				tankers and farm bulk trucks used for transporting raw milk from the farm to
				the plant must be washed and sanitized at the end of each day's use. A record
				of this cleaning must be kept and may consist of a mechanical recording chart,
				a wash log, or any other approved methods consistent with the requirements of
				appendix B, milk sampling hauling, and transportation of the pasteurized milk
				ordinance.
b. All items such as
				valves and milk pumps that cannot be cleaned in place must be manually cleaned
				and sanitized at the end of each day's use.
c. All milk transported in tankers or farm
				bulk trucks that are washed out of state and do not have the required seal and
				wash tag must be diverted to nongrade A uses.
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-12 - Transportation of Milk and Cream for Manufacturing, Processing, or Bottling Purposes › Section 7-03.2-12-06 - Topping off - Emptying farm bulk tank

Current through Supplement No. 393, July, 2024
Milk haulers must completely empty a farm bulk tank at every
				  pickup. If this is not possible, the milk remaining in the farm bulk tank must
				  be picked up before the next milking, unless the farm bulk tank is equipped
				  with seven-day temperature-recording device that complies with appendix H, IV,
				  temperature-recording devices used in storage tanks of the pasteurized milk
				  ordinance. The tank must be emptied, cleaned, and sanitized at least every
				  seventy-two hours.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC
					 4.1-25-35
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-13 - Milk Haulers Licensing › Section 7-03.2-13-01 - License requirements

Current through Supplement No. 393, July, 2024
All owners of tankers and farm bulk trucks must be licensed
				  by the commissioner as milk haulers. The following items must be complied with
				  to obtain a license:
1. The outside of
				vehicles hauling milk must be identified with the owner's name, address, and
				identification number. This information must be in letters of such height
				making them easy to read from a distance of one hundred feet.
2. Vehicles hauling milk must comply with 3A
				standards for unrefhgerated tanks storing milk and milk products.
3. The license must be renewed
				annually.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02,
					 4-30-12,
					 4-30-38.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-13 - Milk Haulers Licensing › Section 7-03.2-13-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-38.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-13 - Milk Haulers Licensing › Section 7-03.2-13-03 - Violations

Current through Supplement No. 393, July, 2024
The milk hauler is responsible for the acts of any employee
				  who violates the requirements of this article.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-38.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-14 - Transportation of Processed and Manufactured Products › Section 7-03.2-14-01 - License

Current through Supplement No. 393, July, 2024
All persons who transport processed and manufactured dairy
				  products from the processing plant for retail sale or sale directly to the
				  consumer must be licensed by the commissioner.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-02
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-14 - Transportation of Processed and Manufactured Products › Section 7-03.2-14-02 - Vehicle requirements

Current through Supplement No. 393, July, 2024
All vehicles used to transport dairy products must comply
				  with the following:
1. A temperature
				of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower must be
				maintained in the storage area of the vehicle.
2. All milk and milk products, except frozen
				desserts, must be maintained at forty-five degrees Fahrenheit [7.22 degrees
				Celsius] or lower. Ultrapasteurized and aseptically processed dairy products
				are exempt from this requirement.
3. Frozen desserts must be properly cooled to
				maintain solid form and texture.
4.
				The interior of the storage area must be cleaned daily and be free from insects
				and rodents.
5. An approved
				thermometer must be mounted in the storage area of all vehicles.
General Authority:
NDCC
					 4-30-55.1
Law Implemented:
NDCC
					 4-30-39
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-14 - Transportation of Processed and Manufactured Products › Section 7-03.2-14-03 - Outdated products

Current through Supplement No. 393, July, 2024
Dairy products that have exceeded their code date for retail
				  sale may not be transported from the processing plant if offered for sale.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-39
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-15 - Butterfat Test › Section 7-03.2-15-01 - Butterfat test fee

Current through Supplement No. 393, July, 2024
A fee of ten dollars for each party involved in the dispute
				  must be charged for an official butterfat test.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-47
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-16 - Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter › Section 7-03.2-16-01 - Federal labeling requirements

Current through Supplement No. 393, July, 2024
All milk and milk products must comply with the labeling and
				  nomenclature requirements of title 21, Code of Federal Regulations, parts 131,
				  133, and 135, and section 343(q)( r) of title 21, United States Code.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36,
					 4-30-45.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-16 - Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter › Section 7-03.2-16-02 - Cheese labeling

Current through Supplement No. 393, July, 2024
1. Bulk cheese must
				be legibly marked with:
a. The name of the
				product.
b. Date of
				manufacture.
c. Vat
				number.
d. The manufacturer's
				officially designated code number or name and address.
e. A statement whether the product is
				pasteurized or heat-treated, or intended for further processing.
f. Other information as required by United
				States department of agriculture regulations and by
				21 United States Code
				343(q)(r).
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-16 - Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter › Section 7-03.2-16-03 - Sodium labeling

Current through Supplement No. 393, July, 2024
Sodium labeling must comply with
				  21 United States Code
				  343(q)(r).
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36,
					 4-30-45.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-16 - Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter › Section 7-03.2-16-04 - Frozen desserts

Current through Supplement No. 393, July, 2024
All frozen dessert labels must include:
1. Name of product.
2. Name of plant that processed the
				product.
3. Address of
				processor.
4. Size or volume of
				container.
5. Whether the product
				is naturally or artificially flavored.
6. List of ingredients in descending
				order.
7. Other pertinent
				information as required by United States department of agriculture regulations
				and 21 United States Code
				343(q)(r).
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36,
					 4-30-45.1
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-16 - Labeling Milk and Milk Products for Retail Sale and Out-of-State Butter › Section 7-03.2-16-05 - Out-of-state butter

Current through Supplement No. 393, July, 2024
All butter coming into North Dakota must be from United
				  States department of agriculture-listed plants.
General Authority: NDCC
					 4-30-55.1
Law Implemented: NDCC
					 4-30-35,
					 4-30-36
North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-03.2 - Dairy Division › Chapter 7-03.2-17 - Goat ad Sheep Milk Production and Processing › Section 7-03.2-17-01 - Requirements

Current through Supplement No. 393, July, 2024
1. All grade
				A goat and sheep milk must be produced according to the pasteurized milk
				ordinance.
2. Processing goat and
				sheep milk must meet the United States department of agriculture's
				manufacturing rules if the milk is to be sold as manufacturing grade milk, but
				if it is to be sold as grade A milk then it must meet the pasteurized milk
				ordinance.
3. All raw goat and
				sheep milk must be pasteurized or heat-treated before being used in cheese or
				other food products intended for human consumption. All goat or sheep milk
				cheeses must be properly identified as to type of the product and ingredients,
				and all heat-treated cheeses must be aged at least six months before being
				offered for human consumption.
4.
				The commissioner may modify the requirements of this section if the
				commissioner finds that the health, safety, and welfare of the general public,
				as well as the quality of the product, will not be compromised.
General Authority:
NDCC 4.1-25-50
Law Implemented:
NDCC
					 4.1-25-30