South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.II - Adulterated or Misbranded Raw Milk or Raw Milk Products

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person shall, within South Carolina or
			 its jurisdiction, produce, provide, sell, offer, barter, or expose for sale, or
			 have in possession with intent to sell any raw milk or raw milk product that is
			 adulterated or misbranded.
B. Any
			 adulterated or misbranded raw milk or raw milk product may be impounded by the
			 Department and disposed of in accordance with applicable laws or
			 regulations.
C. Raw milk and raw
			 milk products will be examined by the Department in the course of routine or
			 complaint inspections, outbreak investigations, or as otherwise deemed
			 appropriate by the Department to determine that they are not adulterated or
			 misbranded. The Department may, upon written notice to the owner or person in
			 charge, place a hold order on any raw milk or raw milk product that it
			 determines, or has probable cause to believe, to be unwholesome or otherwise
			 adulterated or misbranded. Under a hold order, raw milk and raw milk products
			 shall be permitted to be suitably stored. It shall be unlawful for any person
			 to remove or alter a hold order, notice, or tag placed on raw milk or raw milk
			 products by the Department, and neither such raw milk or raw milk products nor
			 the containers thereof shall be relabeled, repacked, reprocessed, altered,
			 disposed of, or destroyed without permission of the Department except if
			 ordered by a court of competent jurisdiction.
D. Adding water to raw milk will be
			 considered a violation of this Regulation if the raw milk contains in excess of
			 three percent (3%) water. A cryoscope shall be used to determine percentage of
			 water by measuring the freezing point of the raw milk. When the freezing point
			 of raw milk is greater than 32.945°F (-0.525°C), the farm shall be
			 notified that the raw milk apparently contains added water. If a second
			 violation of this freezing point standard occurs within two (2) years, milking
			 or processing operations may be observed, and samples will be collected and
			 analyzed. The freezing point obtained from raw milk collected during the
			 observation shall be used to determine a definite freezing point standard from
			 the farm. A violation of the determined freezing point standard for a specific
			 operation by over three (3%) percent within two (2) years of setting the
			 standard for the individual farm shall call for a two (2) calendar day permit
			 suspension or equivalent.
E. When
			 raw milk or raw milk products are found to be adulterated by the presence of
			 drugs, pesticides, herbicides, or other poisonous substances, they shall be
			 placed under a hold order and additional samples analyzed. Raw milk or raw milk
			 products found to be adulterated shall be disposed of until analysis shows the
			 product not to be adulterated. If testing reveals raw milk or raw milk products
			 are positive for drug residues, the raw milk or raw milk products shall be
			 disposed of in a manner that removes it from the human or animal food chain.
			 The Department shall immediately suspend the producer's SC Grade "A" permit, or
			 equally effective measures shall be taken, to prevent the sale or distribution
			 of raw milk or raw milk products containing drug residues, and a penalty shall
			 be imposed. Future sales or distribution are prohibited until subsequent
			 testing reveals the raw milk or raw milk products are free of drug residue. The
			 SC Grade "A" producer's permit may be reinstated to allow the sale or
			 distribution of raw milk or raw milk products when a representative sample
			 taken by the Department from the producer's raw milk or raw milk products is no
			 longer positive for drug residue. Whenever a drug residue test is positive, a
			 recall shall be initiated, and an investigation shall be made to determine the
			 cause. The farm inspection must be completed by the Department to determine the
			 cause of the residue and actions that need to be taken to prevent future
			 violations, including on-farm changes in procedures necessary to prevent future
			 occurrences.