Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter B - GRADE A RAW FOR RETAIL MILK AND MILK PRODUCTS › Section 217.26 - Examination of Grade A Raw Milk and Grade A Raw Milk Products

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will sample, at least
				  quarterly, each Grade A raw milk processor dairy farm whose Grade A raw milk
				  and Grade A raw milk products are produced and intended for consumption within
				  the State of Texas.
(b) At a
				  minimum, cooling temperature checks, antibiotic tests, somatic cell counts,
				  bacterial counts, coliform counts, pathogenic bacteria, water adulteration and
				  random aflatoxin testing are performed on Grade A raw milk and Grade A raw milk
				  product samples.
(c) Samples shall
				  be analyzed at an official or officially designated laboratory as defined in
				  §
										217.1(71)
				  and §
										217.1(72)
				  of this title (relating to Definitions).
(d) The coliform sample required by
				  subsection (b) of this section may be collected by a certified sampler and
				  submitted to an official or officially designated laboratory as defined in
				  §
										217.1(71)
				  and §
										217.1(72)
				  of this title at the expense of the Grade A raw milk processor. The lab report
				  must be provided to the department within seven days after receiving the
				  results. To meet the requirements of subsection (b) of this section, samples
				  must be collected in January, April, July, and October. The Grade A raw milk
				  processor must notify the department in writing informing the department that
				  the Grade A raw milk processor will be responsible for collecting its own
				  coliform sample. The notice form must be received at least 30 days before the
				  collection month. If a dairy provides such notice and then fails to collect and
				  submit the milk sample as provided in the rules of this subchapter, the
				  department shall collect coliform samples for a period of 12 months for that
				  dairy.
(e) Whenever the pathogenic
				  bacteria, coliform counts, bacteria counts, somatic cell counts, water
				  adulteration, or cooling temperatures of a sample exceed the limit of the
				  standard for the Grade A raw milk or Grade A raw milk product, an additional
				  sample shall be collected by the department on a date determined by the
				  department.
(f) The department may
				  issue a detention, recall order, cessation from commerce, or emergency order,
				  in accordance with §
										217.92 of
				  this title (relating to Enforcement) or seek court action, whenever a
				  consecutive sample violates the standards of this subchapter for bacteria
				  counts, somatic cell counts, coliform counts, water adulteration, or cooling
				  temperatures.
(g) The department
				  may issue a detention, recall order, cessation from commerce, or emergency
				  order, in accordance with §
										217.92 of
				  this title or seek court action, if a sample exceeds standards in §
										217.27
				  of this title (relating to Standards for Grade A Raw Milk and Raw Milk
				  Products) for antibiotic, pathogenic bacteria, or aflatoxin. The sampled
				  product exceeding the standards must be removed from supplies intended for
				  human consumption.