Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 531 - REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES › Section 2VAC5-531-70 - Standards for milk and dairy products

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person may produce, provide,
				manufacture, sell, offer for sale, or store in the Commonwealth of Virginia, or
				bring, send, or receive into the Commonwealth of Virginia any milk for
				manufacturing purposes or dairy products which do not comply with the
				following:
1. Milk for manufacturing purposes
				and dairy products shall be produced and processed to conform with the
				chemical, bacteriological, somatic cell, maximum length of time for milk
				storage on the farm, and temperature standards as identified in this section,
				and with the requirements of this chapter;
2. No process or manipulation other than
				pasteurization or processing methods integral with pasteurization and
				refrigeration may be applied to milk for manufacturing purposes or dairy
				products for the purpose of removing or deactivating microorganisms unless
				alternative procedures to pasteurization are approved in writing by the FDA and
				the Virginia Department of Agriculture and Consumer Services;
3. Milk for manufacturing purposes shall
				comply with the following standards:
a. The
				temperature of milk for manufacturing purposes shall be cooled to 40°F or
				cooler, but not frozen, within two hours after milking and the temperature
				after the first or any subsequent milking shall not be warmer than
				50°F;
b. The bacteria count of
				milk for manufacturing purposes shall not exceed 500,000 bacteria per
				milliliter prior to commingling with any other milk, and the bacteria count of
				milk that is commingled shall not exceed 1,000,000 bacteria per milliliter
				prior to pasteurization;
c. Milk
				for manufacturing purposes shall freeze at or below -0.530°
				Hortvet;
d. Milk for manufacturing
				purposes shall test negative for animal drug residues by any method evaluated
				by the FDA and found acceptable for detecting drug residues in raw milk at
				current safe or tolerance levels and shall have no positive drug residues by
				detection methods reported to the Virginia Department of Agriculture and
				Consumer Services by dairy plants;
e. The somatic cell count of unpasteurized
				cow's milk, sheep's milk, water buffalo's milk, or the milk from other mammals
				intended for human consumption, except goat's milk, shall not exceed 750,000
				somatic cells per milliliter. The somatic cell count of raw goat's milk shall
				not exceed 1,000,000 somatic cells per milliliter;
f. Raw cow's milk, goat's milk, sheep's milk,
				water buffalo's milk, or the milk from other mammals intended for human
				consumption shall not exceed the actionable level, tolerance level, or safe
				level for any chemical residue or pesticide residue specified in 40 CFR Parts
				180, 185, or 186 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170,
				172, 173, 174, 175, 176, 177, 178, 189, 556, 564, 570, 573, 589. In the event
				that no actionable level, tolerance level, or safe level for a chemical residue
				or pesticides residue has been established in 40 CFR Parts 180, 185, or 186 and
				21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175,
				176, 177, 178, 189, 556, 564, 570, 573, or 589, the tolerance level shall be
				deemed to be zero; and
g. The
				maximum length of time any milk for manufacturing purposes may be stored on the
				farm prior to processing or pickup for delivery to a processing plant shall not
				exceed 76 hours from the end of the first milking to the time of pickup or the
				start of processing. Milk for manufacturing purposes that is older than 76
				hours shall be deemed to be a public health hazard and shall not be offered for
				sale or sold;
4. Dairy
				products in final package form for direct human consumption shall comply with
				the following standards:
a. All dairy
				products in final package form for direct human consumption shall:
(1) Have been pasteurized in accordance with
				the requirements of this chapter;
(2) Have been made from dairy ingredients
				(milk or dairy products) that have all been pasteurized in accordance with the
				requirements of this chapter; or
(3) In the case of cheese, the cheese has
				been aged above 35°F for a minimum of 60 days or the minimum number of days
				specified under the standards of identity for the specific variety of
				cheese;
b. The phenol
				value of test samples of pasteurized finished product shall be no greater than
				the maximum specified for the particular product as determined and specified by
				(i) any phosphatase test method prescribed in the Official Methods of Analysis
				of AOAC International, 19th Edition (2012) published by the Association of
				Official Analytical Chemists; (ii) the Fluorometer test method; (iii) the Charm
				ALP test method; or (iv) other equivalent method as determined by the Virginia
				Department of Agriculture and Consumer Services. A phenol value greater than
				the maximum specified for the particular product shall mean that the product
				was not properly pasteurized. A phenol value less than the maximum specified
				for the particular product shall not be interpreted to mean that the product
				was properly pasteurized, unless there is evidence of proper pasteurization
				equipment in conformance with this chapter and records to determine an adequate
				pasteurization process has been completed;
c. Dairy products shall test negative for
				animal drug residues by any method which has been evaluated by the FDA and
				found acceptable for detecting drug residues in raw milk, pasteurized milk, or
				dairy products in final package form intended for human consumption at current
				safe or tolerance levels;
d. Dairy
				products shall not exceed the actionable level, tolerance level, or safe level
				for any chemical residue or pesticide residue specified in 40 CFR Parts 180,
				185, or 186 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172,
				173, 174, 175, 176, 177, 178, 189, 556, 564, 570, 573, 589. In the event that
				no actionable level, tolerance level, or safe level for a chemical residue or
				pesticides residue has been established in 40 CFR Parts 180, 185, or 186 and 21
				CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176,
				177, 178, 189, 556, 564, 570, 573, 589, the tolerance level shall be deemed to
				be zero; and
e. Dairy products
				shall contain no detectable level of pathogenic organisms or more than 4.6
				Escherichia coli organisms per gram of dairy product; and
5. Cheese and cheese products shall comply
				with the following:
a. The coliform count for
				any cheese or cheese product made from pasteurized milk shall not exceed 100
				coliform organisms per gram;
b. The
				coliform count for any cheese or cheese product made from unpasteurized milk
				shall not exceed 500 coliform organisms per gram;
c. The Staphylococcus aureus count for any
				cheese or cheese product made from pasteurized milk shall not exceed 100
				Staphylococcus aureus organisms per gram; and
d. The Staphylococcus aureus count for any
				cheese or cheese product made from unpasteurized milk shall not exceed 1,000
				Staphylococcus aureus organisms per gram.