reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.VI - Labeling

Current through Register Vol. 48, No. 6, June 28, 2024
A. All bottles,
			 containers, and packages enclosing raw milk or raw milk products for human
			 consumption shall be labeled in accordance with the applicable requirements of
			 the Federal Food, Drug and Cosmetic Act as amended, the Nutrition Labeling and
			 Education Act (NLEA) of 1990 and regulations developed thereunder, and the Code
			 of Federal Regulations, and shall comply with the applicable requirements of
			 this section.
B. No person shall
			 use any misleading marks, words, or endorsements upon the label. The Department
			 may permit the use of registered trade designs or similar terms on the bottle
			 cap or label when, in its opinion, they are not misleading and are not used to
			 obscure the labeling required by the Regulation.
C. All bottles, containers, and packages
			 enclosing raw milk or raw milk products for human consumption shall be
			 conspicuously marked with:
1. The word "Raw"
			 on the exterior surface. Acceptable locations shall include the principal
			 display panel, the secondary or informational panel, or the
			 cap/cover.
2. The identity of the
			 farm where packaged. This identity shall include the name and the Department
			 Permit Number.
3. The following
			 consumer advisory, in print no smaller than six (6) point font, shall be
			 included on the package: "This is a raw milk product that is not pasteurized.
			 Consuming raw milk products may increase your risk of foodborne
			 illness."
4. The common name of the
			 hooved mammal producing the milk shall precede the name of the milk or raw milk
			 product when the product is made from other than cattle's milk. As an example,
			 "Goat," "Sheep," "Water Buffalo," or "Other Hooved Mammal" milk,
			 respectively.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.VII - Standards for Raw Milk and Raw Milk Products for Human Consumption

Current through Register Vol. 48, No. 6, June 28, 2024
A. General
1. All raw milk and raw milk products for
			 human consumption shall be produced to conform with the following chemical,
			 bacteriological, and temperature standards, and the sanitation requirements of
			 this section.
2. No process or
			 manipulation other than appropriate refrigeration shall be applied to raw milk
			 or raw milk products for the purpose of removing or deactivating
			 microorganisms.
Table 1. Chemical, Physical, Bacteriological,
							 and Temperature Standards
SC GRADE "A" RAW MILK AND RAW MILK PRODUCTS FOR HUMAN
							 CONSUMPTION
Temperature
Raw milk: Cooled to 10°C (50°F) or less
							 within four (4) hours or less, of the commencement of the first milking, and to
							 7°C (45°F) or less within two (2) hours after milking, provided, that
							 the blend temperature after the first and subsequent milkings does not exceed
							 10°C (50°F).
Raw milk and raw milk products: All finished,
							 processed, and packaged raw milk and raw milk products shall be maintained at
							 7°C (45° F) or less after processing, during storage, and during
							 transportation. Production of buttermilk shall also meet the requirements of
							 Section VIII.A.3.
Bacterial Limits
Individual producer raw milk and raw milk products
							 not to exceed 10,000 per mL
Drugs
No positive results on drug residue detection
							 methods
Somatic Cell Count*
Individual producer raw milk not to exceed 500,000
							 per mL.
Coliform
Not to exceed 10 per gram.
Pathogenic Organisms:
**Escherichia Coli
Individual producer: raw milk and raw milk products
							 not to exceed zero (0) organisms
**0157:H7
Individual producer: raw milk and raw milk products
							 not to exceed zero (0) organisms
**Salmonella
Individual producer: raw milk and raw milk products
							 not to exceed zero (0) organisms
**Listeria Monocytogenes
Individual producer: raw milk and raw milk products
							 not to exceed zero (0) organisms
**Campylobacter
Individual producer: raw milk and raw milk products
							 not to exceed zero (0) organisms
*Goat Milk 1,000,000 per mL: when greater than 1,000,000,
				additional confirmatory or screening tests will be used.
**Pathogenic testing required before permitting and in
				association with a foodborne disease outbreak. See Section V.C.1, V.C.2, and
				V.F.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.VIII - Standards for Further Processing of Raw Milk Products

Current through Register Vol. 48, No. 6, June 28, 2024
A. Buttermilk
1. All equipment used for the production and
			 processing of buttermilk must be smooth, non-absorbent, and easily
			 cleanable.
2. All ingredients must
			 come from an approved source.
3.
			 The pH of the buttermilk must be maintained at 4.6 or below following
			 production and at the time of packaging, or the product must be maintained at
			 7°C (45° F) or below. All finished, processed, and packaged buttermilk
			 must meet the requirements of VII.B.18.b.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.IX - Bottling, Packaging, Container Filling, and Container Closure/Sealing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Bottling,
			 Packaging, and Container Filling.
1. Bottling,
			 packaging, and container filling of raw milk and raw milk products shall be
			 done at the place of production in a sanitary manner by approved mechanical
			 equipment. Bottling, packaging, and container filling of raw milk or raw milk
			 products may be conducted in the milkroom and processing rooms or
			 room.
2. Bottling or packaging
			 machine supply tanks and bowls shall have covers which are smooth and easily
			 cleanable and shall be constructed to prevent any contamination from reaching
			 the inside of the filler tank or bowl. All covers shall be in place during
			 operation.
3. A drip deflector
			 shall be installed on each filler valve. The drip deflector shall be designed
			 and adjusted to divert condensation away from the open container.
4. All containers, seals, and caps shall be
			 from an approved Interstate Milk Shippers listed facility.
5. All containers, seals, and caps shall be
			 handled in a sanitary manner and protected against undue exposure during the
			 operation.
6. When any lubricant is
			 applied to the filler equipment or other milk contact surfaces, the lubricant
			 shall be food grade and applied in a sanitary manner.
7. Containers shall be closed immediately
			 after being filled.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.X - Animal Health

Current through Register Vol. 48, No. 6, June 28, 2024
A. All raw milk
			 and raw milk products for human consumption within South Carolina shall be from
			 healthy animals. Raw milk and raw milk products from unhealthy animals shall
			 not be offered for sale, barter, or be given away, or combined with other raw
			 milk or raw milk products for human consumption.
B. All animals producing raw milk or raw milk
			 products for human consumption shall be free of brucellosis and tuberculosis.
			 Animals showing positive by lesions or a positive test shall be reported to the
			 Department and shall also be reported to the State Veterinarian office in
			 accordance with applicable law.
C.
			 For diseases other than brucellosis and tuberculosis, the Department shall
			 require such physical, chemical, or bacteriological tests as it deems
			 necessary. The diagnosis of other diseases in dairy animals shall be based upon
			 the findings of a licensed veterinarian. Any diseased animal disclosed by such
			 test(s) shall be disposed of as the Department directs.
D. Animals shipped into South Carolina for
			 additions to herds shall have been tested for tuberculosis and brucellosis
			 within thirty (30) calendar days prior to being brought into the state, except
			 that this shall not apply, with regard to brucellosis, to those cattle that
			 have been vaccinated for brucellosis and are under thirty (30) months of
			 age.
E. Records supporting the
			 tests required in this section shall be made available to the Department and be
			 validated with the signature of a licensed veterinarian.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.XI - Recall

Current through Register Vol. 48, No. 6, June 28, 2024
Each producer and distributor of raw milk and raw milk products
				for human consumption shall develop and maintain procedures for the
				notification of regulatory officials, consumer notification, and product
				recall, and shall implement any of these procedures as necessary with respect
				to any product for which the producer, distributor, or the Department knows or
				has reason to believe circumstances exist that may adversely affect its safety
				for the consumer. If the Department determines, based upon representative
				samples, risk analysis, information provided by the producer or distributor,
				and other information available to the Department, that the circumstances
				present an imminent hazard to the public health and that a form of consumer
				notice or product recall can effectively avoid or significantly minimize the
				threat to public health, the Department may order the producer or distributor
				to initiate a level of product recall or, if appropriate, issue a form of
				notification to customers. The producer or distributor shall be responsible for
				disseminating the notice in a manner designed to inform customers who may be
				affected by the problem.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.XII - Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
A. General.
This Regulation is issued under the authority of Sections
				44-1-140(3)
				and
				44-1-150,
				S.C. Code of Laws, 1976, as amended. It shall be enforced in accordance with
				interpretations and public health reasons approved by the Department.
B. Penalties.
Any person found to be in violation of this Regulation, in
				noncompliance with the issued permit, or in violation of an order issued by the
				Department shall be subject to civil monetary penalties, permit suspension,
				and/or permit revocation. Each day of continued violation shall be a separate
				offense.
C. Suspension of
			 Permit.
1. The Department may temporarily
			 suspend a permit whenever:
a. It has reason to
			 believe that a public health hazard exists;
b. The permit holder has violated any of the
			 requirements of this Regulation;
c.
			 The permit holder has violated its permit or an order of the Department,
			 including but not limited to, a hold order;
d. The permit holder has interfered with the
			 Department in the performance of its duties, including willful refusal to allow
			 an authorized inspection/audit; or
e. The permit holder exhibits hostile
			 behavior toward a representative of the Department during the performance of
			 duty.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.XIII - Delayed Implementation

Current through Register Vol. 48, No. 6, June 28, 2024
Existing raw milk or raw milk products permit holders in
				operation prior to the effective date of the below listed requirements of this
				Regulation may use labels that do not comply with those requirements (but which
				meet all labeling requirements previously in effect) until their existing
				supply of labels as of the effective date of the below requirements is
				exhausted or for no more than one (1) year from the effective date of these
				requirements, whichever is sooner:
1.
			 As provided in Section VI.C.3, all labels shall include the following consumer
			 advisory, in no smaller than six (6) point font: "Consuming raw milk products
			 may increase your risk of foodborne illness."
2. As provided in Section VI.E, labels may
			 only use the term Grade "A" Raw in conjunction with the designation of "SC," to
			 read "SC Grade ~A' Raw". Other grade designations may not be used.
Raw milk or raw milk products permit holders permitted after
				the effective date of the requirements referenced in Section XIII.1 and XIII.2
				above must comply with all of the labeling requirements of Section VI without
				any delayed implementation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34 - Raw Milk for Human Consumption › Section 61-34.XIV - Severability Clause

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause, or phrase of
				this Regulation be declared unconstitutional or invalid for any reason, the
				remainder of this Regulation shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.I - Applicability of the Grade "A" Pasteurized Milk Ordinance, 2019 Revision

Current through Register Vol. 48, No. 6, June 28, 2024
A. The following
			 sections, appendices, and footnotes of the Grade "A" Pasteurized Milk Ordinance
			 (PMO or Ordinance), 2019 Revision, apply in their entirety:
1. Section 4, Labeling;
2. Section 6, The Examination of Milk and/or
			 Milk Products;
3. Section 7,
			 Standards for Grade "A" Milk and/or Milk Products (including Items 1r through
			 19r, and 1p through 22p);
4.
			 Section 8, Animal Health;
5.
			 Section 9, Milk and/or Milk Products Which May Be Sold;
6. Section 10, Transferring; Delivery
			 Containers; Cooling;
7. Section 11,
			 Milk and/or Milk Products from Points Beyond the Limits of Routine
			 Inspection;
8. Section 12, Plans
			 for Construction and Reconstruction;
9. Section 13, Personnel Health;
10. Section 14, Procedures When Infection or
			 High Risk of Infection Is Discovered;
11. Section 18, Separability
			 Clause;
12. Footnotes;
			 and
13. Appendices A through
			 S.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.II - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ III was titled ADULTERATED OR MISBRANDED MILK OR MILK
				PRODUCTS.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.V - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ V was titled INSPECTION OF DAIRY FARMS AND MILK
				PLANTS
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.VI - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ VI was titled THE EXAMINATION OF MILK AND MILK
				PRODUCTS
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.VII - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ VII was titled STANDARDS FOR MILK AND MILK
				PRODUCTS
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.IX - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ IX was titled MILK AND MILK PRODUCTS WHICH MAY BE
				SOLD
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.X - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ X was titled TRANSFERRING, DELIVERY CONTAINERS,
				COOLING
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.XI - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ XI was titled MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF
				ROUTINE INSPECTION
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.XII - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ XII was titled FUTURE DAIRY FARMS AND MILK PLANTS
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.XIV - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ XIV was titled PROCEDURE WHEN INFECTION OR HIGH RISK OF INFECTION IS
				DISCOVERED
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.XV - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1
				§ XIV was titled PROCEDURE WHEN INFECTION OR HIGH RISK OF INFECTION IS
				DISCOVERED
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.XVIII - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1 § XVIII was titled PERMIT
				  FEES
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-34.1 - Pasteurized Milk and Milk Products › Section 61-34.1.XIX - Deleted

Current through Register Vol. 48, No. 6, June 28, 2024
Former R. 61-34.1 § XIX was titled UNCONSTITUTIONALITY
				  CLAUSE
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.I - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
The following definitions shall apply in the interpretation and
				the enforcement of this regulation:
A.
			 ADULTERATED - a MANUFACTURED GRADE DAIRY PRODUCT is deemed to be ADULTERATED if
			 the product:
1. Bears or contains any
			 poisonous or deleterious substance in a quantity that may render it injurious
			 to health;
2. Bears or contains any
			 added poisonous or deleterious substance for which no safe tolerance has been
			 established by state or federal regulation, or in excess of such tolerance if
			 one has been established;
3.
			 Consists, in whole or in part, of any substance unfit for human
			 consumption;
4. Has been produced,
			 processed, prepared, packaged, or held under unsanitary conditions;
5. Is packaged in a container which is
			 composed, in whole or in part, of any poisonous or deleterious substance which
			 may render the contents injurious to health;
6. Has any substance added thereto or mixed
			 or packaged therewith so as to increase its bulk or weight, or reduce its
			 quality or strength, or make it appear better or of greater value than it
			 is;
7. Is in violation of Section
			 402 of the Federal Food, Drug, and Cosmetic Act, as amended (
			 21 U.S.C. 342 );
			 or
8. Contains any animal DRUG
			 residues.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.II - ADULTERATED OR MISBRANDED MANUFACTURED GRADE DAIRY PRODUCTS

Current through Register Vol. 48, No. 6, June 28, 2024
A. No PERSON within
			 South Carolina, or its jurisdiction, shall produce, provide, sell, offer, or
			 expose for sale, or have in possession with intent to sell, any MANUFACTURED
			 GRADE DAIRY PRODUCT that is ADULTERATED or misbranded. Any MANUFACTURED GRADE
			 DAIRY PRODUCT that may contain any unwholesome substance, or that does not
			 conform with an applicable standard of identity or other requirement under
			 Section I for that particular MANUFACTURED GRADE DAIRY PRODUCT, shall be deemed
			 ADULTERATED and/or misbranded.
B.
			 The DEPARTMENT issues PERMITS for the manufacturing of ALCOHOL INFUSED FROZEN
			 DESSERTS. The DEPARTMENT does not regulate the distribution or sale of ALCOHOL
			 INFUSED FROZEN DESSERTS. Compliance with DEPARTMENT requirements under this
			 regulation does not exempt PERSONS engaged in the production, distribution, or
			 sale of ALCOHOL INFUSED FROZEN DESSERTS from any other applicable LAWS
			 governing the sale or distribution of alcoholic products.
C. The DEPARTMENT may place a hold order on a
			 MANUFACTURED GRADE DAIRY PRODUCT that it determines or has reason to believe:
1. Originated from an un APPROVED
			 source;
2. May be unsafe,
			 unwholesome, ADULTERATED, misbranded, or not honestly presented;
3. Is not labeled according to LAW;
			 or
4. Is otherwise not in
			 compliance with this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.III - COMPLIANCE PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 PERMIT.
1. It shall be unlawful for any
			 PERSON to manufacture or distribute any MANUFACTURED GRADE DAIRY PRODUCT
			 without a valid PERMIT issued by the DEPARTMENT for the specific MANUFCTURED
			 GRADE DAIRY PRODUCTS PLANT or DISTRIBUTION STATION. Grocery stores,
			 restaurants, and similar establishments where MANUFACTURED GRADE DAIRY PRODUCTS
			 are served or sold at retail, but not processed (other than fountain freezing
			 of APPROVED pasteurized MIX for FROZEN DESSERTS), may be exempt from the
			 requirements of this section.
2.
			 Every MANUFACTURED GRADE DAIRY PRODUCTS PLANT and MANUFACTURED GRADE DAIRY
			 PRODUCTS DISTRIBUTION STATION must obtain a PERMIT. PERMITS are nontransferable
			 with respect to PERSONS and/or locations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.IV - LABELING

Current through Register Vol. 48, No. 6, June 28, 2024
MANUFACTURED GRADE DAIRY PRODUCTS must be labeled according to
				the requirements in 21 CFR Part 101, as amended.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.V - INSPECTION OF MANUFACTURED GRADE DAIRY PRODUCTS PLANTS, AND MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each MANUFACTURED GRADE DAIRY PRODUCTS
			 MANUFACTURER whose MANUFACTURED GRADE DAIRY PRODUCTS are intended for
			 consumption within South Carolina or its jurisdiction shall be inspected by the
			 DEPARTMENT prior to the issuance of a PERMIT.
B. Following the issuance of a PERMIT, the
			 DEPARTMENT will inspect each MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER and
			 DISTRIBUTOR at a frequency determined by the RISK level assigned to the
			 product(s) being manufactured or distributed, or as otherwise deemed necessary
			 by the DEPARTMENT to determine compliance with this regulation.
C. When the DEPARTMENT finds a critical
			 processing element violation involving:
1.
			 Improper PASTEURIZATION, whereby every particle of a MANUFACTURED GRADE DAIRY
			 PRODUCT may not have been heated to the proper temperature and held for the
			 required time in properly designed and operated equipment; or
2. Cross contamination whereby direct
			 contamination of a PASTEURIZED MANUFACTURED GRADE DAIRY PRODUCT is occurring;
			 or
3. Conditions whereby direct
			 contamination of a MANUFACTURED GRADE DAIRY PRODUCT is occurring, the
			 DEPARTMENT shall take immediate action to prevent further processing of such
			 MIX or MANUFACTURED GRADE DAIRY PRODUCT until all violations of critical
			 processing element(s) have been corrected. Should correction of such critical
			 processing elements not be accomplished immediately, the DEPARTMENT will take
			 prompt action to suspend the PERMIT as provided for in Section III of this
			 regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.VI - THE EXAMINATION OF MANUFACTURED GRADE DAIRY PRODUCTS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Sampling
			 criteria.
1. Samples of MANUFACTURED GRADE
			 DAIRY PRODUCTS shall be collected by the manufacturer or the DEPARTMENT, as
			 directed, at a frequency that is deemed appropriate by the DEPARTMENT based on
			 the level of RISK of the product.
2. Samples may be taken while in the
			 possession of the manufacturer and/or distributor, retail stores, cafes,
			 restaurants, and other places where MANUFACTURED GRADE DAIRY PRODUCTS are sold
			 and shall be taken and examined as often as the DEPARTMENT may
			 require.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.VII - STANDARDS FOR MANUFACTURED GRADE DAIRY PRODUCTS PLANTS AND MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Temperature, bacteriological and chemical
			 requirements.
1. All frozen dessert MIX shall
			 be produced, processed, and PASTEURIZED, ULTRA-PASTEURIZED, or ASEPTICALLY
			 PROCESSED as specified in the PMO and frozen to conform with the following
			 temperature, bacteriological, and chemical standards and the sanitation
			 requirements of this section:
a. RAW MILK and
			 MILK products obtained by a FROZEN DESSERT manufacturer for future
			 PASTEURIZATION, ULTRA-PASTEURIZATION, or ASEPTIC PROCESSING and use in the
			 production of FROZEN DESSERTS must come from an APPROVED source and must be in
			 compliance with the temperature, bacteriological, and chemical standards in
			 R.61-34, Raw Milk for Human Consumption, or R. 61-34.1, Pasteurized Milk and
			 Milk Products, or the PMO.
b.
			 PASTEURIZED FROZEN DESSERTS and/or Heat-Treated, Bulk-Shipped MILK Products:
(1) Temperature - Cooled to 45°F
			 (7°C) or less and maintained thereat.
(2) Bacterial limits* - 30,000 per
			 mL.
(3) Coliform - Not to exceed 10
			 per mL: provided that, in the case of bulk MILK transport tank shipments, where
			 contents are to be repasteurized, shall not exceed 100 per mL.
(4) Phosphatase** - Less than 500
			 milliunits/L by the Fluorometer or Clarion ALP or equivalent.
(5) DRUGS - No positive results on DRUG
			 residue detection methods as referenced in Section 6 - Laboratory Techniques,
			 FDA Grade "A" PMO as amended.
c. ASEPTICALLY PROCESSED MIX:
(1) Temperature - None.
(2) Bacterial limits - No growth by test
			 specified in Section VI.
(3) DRUGS
			 - No positive results on DRUG residue detection methods as referenced in
			 Section 6 - Laboratory Techniques, FDA Grade "A" PMO as amended.
*Not applicable to cultured products.
**Not applicable to bulk shipped heat-treated products.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.VIII - MANUFACTURED GRADE DAIRY PRODUCTS FROM OUT OF STATE OR OUTSIDE THE UNITED STATES

Current through Register Vol. 48, No. 6, June 28, 2024
MANUFACTURED GRADE DAIRY PRODUCTS from out of state or outside
				the United States may be sold in South Carolina only if the DEPARTMENT
				determines they are manufactured and distributed under provisions substantially
				equivalent to the requirements of this regulation and adequately
				enforced.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.IX - PLANS FOR CONSTRUCTION AND RECONSTRUCTION

Current through Register Vol. 48, No. 6, June 28, 2024
Properly prepared plans for all MANUFACTURED GRADE DAIRY
				PRODUCTS PLANTS or MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATIONS
				regulated under this regulation which are to be constructed, reconstructed, or
				extensively altered shall be submitted to the DEPARTMENT for written approval
				before work is begun.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.X - EQUIPMENT AND FACILITIES IN OPERATION PRIOR TO JULY 1, 2020

Current through Register Vol. 48, No. 6, June 28, 2024
Equipment and physical facilities of MANUFACTURED GRADE DAIRY
				PRODUCTS PLANTS and MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATIONS in
				operation prior to July 1, 2020 are deemed in compliance even if they do not
				meet all construction, equipment, and facilities requirements of this
				regulation if the facilities and equipment:
A. Are in compliance with the regulatory
			 standards in place for such equipment and facilities on January 1,
			 2020;
B. Are capable of being
			 maintained in a sanitary condition;
C. Are not a public health hazard or
			 NUISANCE; and
D. Are replaced in
			 the normal course of operation with equipment and facilities that meet the
			 requirements of this regulation.
This section shall not apply to equipment installed or
				construction commenced on or after July 1, 2020.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.XI - PROCEDURE WHEN INFECTION OR HIGH RISK INFECTION IS SUSPECTED

Current through Register Vol. 48, No. 6, June 28, 2024
When reasonable cause exists to suspect the possibility of
				transmission of infection from any PERSON concerned with the handling of
				MANUFACTURED GRADE DAIRY PRODUCTS, or their ingredients, the DEPARTMENT is
				authorized to require any or all of the following measures:
A. The immediate EXCLUSION or RESTRICTION of
			 that PERSON from handling MANUFACTURED GRADE DAIRY PRODUCTS, or their
			 ingredients;
B. The immediate
			 removal of the MANUFACTURED GRADE DAIRY PRODUCTS of concern from distribution
			 and use; and/or
C. Adequate medical
			 and bacteriological examination of the PERSON, of their associates, and any of
			 their bodily discharges.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.XII - RECALLS

Current through Register Vol. 48, No. 6, June 28, 2024
For MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURERS and
				DISTRIBUTORS that have not been granted a Qualified Facility Exemption by the
				FDA, the Recall Plan requirements of
				21
				CFR 117.139 supersede the requirements of
				this section.
If
				21
				CFR 117.139 does not apply, each MANUFACTURED
				GRADE DAIRY PRODUCTS MANUFACTURER and MANUFACTURED GRADE DAIRY PRODUCTS
				DISTRIBUTOR shall develop and maintain procedures for the notification of
				regulatory officials, consumer notification, and product recall, and shall
				implement any said procedure as necessary with respect to any product for which
				the PERMIT HOLDER or the DEPARTMENT has reason to believe circumstances exist
				that may adversely affect its safety for the consumer. If the DEPARTMENT
				determines, based upon representative samples, RISK analysis, information
				provided by the MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER and/or
				MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTOR, and/or other information
				available to the DEPARTMENT, that the circumstances present an IMMINENT HEALTH
				HAZARD and that a form of consumer notice or product recall can effectively
				avoid or significantly minimize the threat to public health, the DEPARTMENT may
				order the MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER and/or MANUFACTURED
				GRADE DAIRY PRODUCTS DISTRIBUTOR to initiate a level of product recall or, if
				appropriate, issue a form of notification to customers. Each MANUFACTURED GRADE
				DAIRY PRODUCTS MANUFACTURER and MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTOR
				shall be responsible for disseminating the notice in a manner designed to
				inform customers who may be affected by the problem.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.XIII - ENFORCEMENT AND PENALTIES

Current through Register Vol. 48, No. 6, June 28, 2024
Any PERSON found to be in violation of this regulation, in
				non-compliance with the issued PERMIT, or in violation of an order issued by
				the DEPARTMENT shall be subject to civil monetary penalties, PERMIT suspension,
				and/or PERMIT revocation. Each day of continued violation shall be a separate
				offense.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-36 - Frozen Desserts › Section 61-36.XIV - SEVERABILITY CLAUSE

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause, or phrase of
				this regulation be declared unconstitutional or invalid for any reason, the
				remainder of said regulations shall not be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.10 - Purpose, Applicability, Inactive Facilities, and Facilities Permitted Prior to the Effective Date of the Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose.
1. To establish standards for the growing or
				confining of swine, processing of swine manure and other swine by-products, and
				land application of swine manure and other swine by-products in such a manner
				as to protect the environment, and the health and welfare of citizens of the
				State from pollutants generated by this process.
2. To establish standards, which consist of
				general requirements, constituent limits, management practices, and operational
				standards, for the utilization of swine manure and other swine by-products
				generated at swine facilities. Standards included in this part are for swine
				manure and other swine by-products applied to the land.
3. To establish standards for the frequency
				of monitoring and record keeping requirements for producers who operate swine
				facilities.
4. To establish
				standards for the proper operation and maintenance of swine
				facilities.
5. To establish
				criteria for swine facilities' and manure utilization areas' location as they
				relate to protection of the environment and public health. The location of
				swine facilities and manure utilization areas as they relate to zoning in an
				area is not covered in this regulation. Local county or municipal governments
				may have zoning requirements and this regulation neither interferes with nor
				restricts such zoning requirements. Permit applicants should contact local
				municipal and county authorities to determine any local requirements that may
				be applicable.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.20 - Permits and Compliance Period

Current through Register Vol. 48, No. 6, June 28, 2024
A. Permit Requirement. Swine manure and other
				swine by-products from a new or expanded swine facility can only be generated,
				handled, stored, treated, processed, or land applied in the State in accordance
				with a permit issued by the Department under the provisions of this part.
				Existing producers that are required by the Department to update their Animal
				Facility Management Plan shall meet the requirements of this part to the extent
				practical as determined by the Department.
B. Permits issued under this regulation are
				no-discharge permits.
C. The
				requirements in this part shall be implemented through a permit issued to any
				producer who operates a swine facility where swine manure and other swine
				by-products are generated, handled, treated, stored, processed, or land
				applied.
D. The requirements under
				this part may be addressed in permits issued to producers who only land apply
				swine manure and other swine by-products.
E. Notification Requirements. The permittee
				shall notify the Department in writing and receive written Departmental
				approval, except as otherwise noted, prior to any change in operations at a
				permitted facility, including, but not limited to, the following:
1. Change in ownership and control of the
				facility. The Department has thirty (30) calendar days from the receipt of a
				complete and accurate notification of transfer of ownership to either: request
				additional information regarding the transfer or the new owner; deny the
				transfer; or approve the transfer. If the Department does not act within thirty
				(30) calendar days, the transfer is automatically approved. If additional
				information is requested by the Department in a timely manner, the Department
				shall act on this additional information, when it is received, within the same
				time period as the initial notification.
2. Increase in the permitted number of
				swine.
3. Increase in the normal
				production animal live weight of the existing permitted swine
				facility.
4. Addition of manure
				utilization areas.
5. Change in
				swine manure and other swine by-products treatment, handling, storage,
				processing, or utilization.
6.
				Change in method of dead swine disposal.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.30 - Exclusions

Current through Register Vol. 48, No. 6, June 28, 2024
The following do not require permits from this part unless
				  specifically required by the Department under Section 100.30.G.
A. Existing swine facilities that are deemed
				permitted under Section 100.10.D.1. are excluded from applying for a new permit
				unless an expansion is proposed, new manure utilization areas are added, or as
				required by the Department. New manure utilization areas added to an existing
				facility shall meet the appropriate requirements in this part. However, deemed
				permitted facilities shall meet the requirements of this regulation as outlined
				in Section 100.10.D (Purpose, Applicability, Inactive Facilities, and
				Facilities Permitted Prior to the Effective Date of the Regulation).
B. Except as given in Section 100.30.G, swine
				facilities that do not have a lagoon, manure storage pond, or liquid manure
				treatment system, having 10,000 pounds or less of normal production animal live
				weight at any one time, are excluded from obtaining a permit from the
				Department. However, these facilities shall have and implement an Animal
				Facility Management Plan for their facility that meets the requirements of this
				regulation.
C. Except as given in
				Section 100.30.G, swine facilities that do not have a lagoon, manure storage
				pond, or liquid manure treatment system, having more than 10,000 pounds of
				normal production animal live weight at any one time and less than 30,000
				pounds of normal production animal live weight at any one time, are excluded
				from obtaining a permit from the Department. However, these facilities shall
				submit an Animal Facility Management Plan to the Department and implement an
				Animal Facility Management Plan for their facility that meets the requirements
				of this regulation.
D. Except as
				given in Section 100.30.G, ranged swine facilities where the size of the range
				area is sufficient to allow for natural degradation or utilization of the swine
				manure with no adverse impact to the environment are excluded from obtaining a
				permit from the Department. Ranged facilities shall also maintain adequate
				vegetative buffers between the swine range and Waters of the State.
E. Except as given in Section 100.30.G, swine
				facilities that are not classified as swine for commercial purposes are
				excluded from obtaining a permit from the Department.
F. Except as given in Section 100.30.G, swine
				facilities that hold valid permits issued by the Department are not required to
				obtain a new permit if they decide to replace in kind any of the swine growing
				houses.
G. Swine facilities
				exempted under Sections 100.30.A, B, C, D, E, and F may be required by the
				Department to obtain a permit. The Department shall visit the site before
				requiring any of these facilities to obtain a permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.40 - Relationship to Other Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The following regulations are referenced throughout this part
				  and may apply to facilities covered under this regulation.
A. Applications, application fees, and the
				time schedules governing the review of applications, and annual operating fees
				are addressed in R.61-30, Environmental Protection Fees.
B. The proper closeout of wastewater
				treatment facilities are addressed in R.61-82, Proper Closeout of Wastewater
				Treatment Facilities. This includes swine lagoons and manure storage
				ponds.
C. Setbacks and construction
				specifications for potable water wells and monitoring wells shall be in
				accordance with R.61-71, Well Standards.
D. Permits for air emissions from
				incinerators are addressed in R.61-62, Air Pollution Control Regulations and
				Standards.
E. Disposal of swine
				lagoon sludge in a municipal solid waste landfill unit is addressed in
				R.61-107.19, Solid Waste Management: Solid Waste Landfills and Structural
				Fill.
F. Disposal of swine manure
				with domestic or industrial sludge is addressed in R.61-9, Water Pollution
				Control Permits, and permitted under R.61-9.
G. Laboratory certification is addressed in
				R.61-81, State Environmental Laboratory Certification Program.
H. Water Classifications and Standards are
				addressed in R.61-68.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.60 - Public Notice Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Small Swine Facilities.
1. For persons
				seeking to construct a new small swine facility, the applicant shall:
a. Notify all adjoining property owners and
				people residing on property within 1/4 mile (1,320 feet) of the proposed
				location of the facility (footprint of construction and manure storage pond) of
				the applicant's intent to build a swine facility.
b. Notify the parties listed in A.1.a. of
				this section using an NOI form provided by the Department. The NOI shall advise
				the adjoining property owners that they may send comments on the proposed
				animal facility directly to the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.100 - Manure Utilization Area Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application Rates. The Department shall
				approve an Animal Facility Management Plan that establishes an application rate
				for each manure utilization area based on the agronomic application rate of the
				specific crop(s) being grown. Other factors considered are the manure and other
				swine by-products' impact on the environment, animals, and people living in the
				vicinity. The application rate shall also be based on the limiting constituent
				(either a nutrient or other constituent as given in item 100.100.B). In
				developing annual constituent loading rates and cumulative constituent loading
				rates, the Department shall consider:
1. Soil
				type;
2. Type of vegetation growing
				in land-applied area;
3. Proximity
				to 100-year floodplain;
4. Location
				in watershed;
5. Nutrient
				sensitivity of receiving land and waters;
6. Soil nutrient testing in conjunction with
				soil productivity information;
7.
				Nutrient, copper, zinc, and constituent content of the manure and other swine
				by-products being applied;
8. State
				Approved Source Water Protection Area;
9. Proximity to other point and nonpoint
				sources;
10. Slope of land
				(anything over ten percent (10%) must use runoff best management practices,
				runoff controls, or conservation features as per NRCS);
11. Distance to water table or groundwater
				aquifer;
12. Timing of manure
				application to coincide with vegetative cover growth cycle;
13. Timing of harvest of vegetative
				cover;
14. Hydraulic loading
				limitations;
15. Soil assimilative
				capacity;
16. Type of vegetative
				cover and its nutrient uptake ability;
17. Method of land application; and
18. Aquifer vulnerability.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-43 - STANDARDS FOR THE PERMITTING OF AGRICULTURAL ANIMAL FACILITIES › Part 100 - SWINE FACILITIES › Section 61-43.100.110 - Spray Application System Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Spray application of swine manure using
				irrigation equipment. This includes all methods of surface spray application,
				including, but not limited to, fixed gun application, traveling or mobile gun
				application, or center pivot application.
B. New X-large swine facilities are
				prohibited from utilizing spray application systems for manure application.
				Manure must be incorporated into the manure utilization fields using subsurface
				injection at a depth of not less than 6 inches.
C. Manure utilization area slopes shall not
				exceed ten percent (10%) unless approved by the Department. The Department may
				require that slopes be less than ten percent (10%) based on site
				conditions.
D. Swine manure
				distribution systems shall be designed so that the distribution pattern
				optimizes uniform application.
E.
				Hydraulic Application Rates.
1. Application
				rates shall normally be based on the agronomic rate for the crop to be grown at
				the manure utilization area. As determined by soil conditions, the hydraulic
				application rate may be reduced below the agronomic rate to ensure no surface
				ponding, runoff, or excessive nutrient migration to the groundwater
				occurs.
2. The hydraulic
				application rate may be limited based on constituent loading including any
				constituent required for monitoring under this regulation.