reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter A - GRADE SPECIFICATIONS AND REQUIREMENTS FOR MILK › Section 217.2 - Adopted Regulations and Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Department of State Health Services adopts by reference the document
				  entitled, "Grade A Pasteurized Milk Ordinance," published by the United States
				  Department of Health and Human Services, Public Health Service/Food and Drug
				  Administration. The document consists of the following parts: The Grade A
				  Pasteurized Milk Ordinance with Administrative Procedures; illustrations,
				  tables, supplements, appendices; and an index.
(b) The Department of State Health Services
				  adopts by reference the most current revision, 21 CFR Part 117, Subparts A
				  General Provisions, B Current Good Manufacturing Practice, and C Hazard
				  Analysis and Risk-Based Preventative Controls.
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 217.21 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these rules is to regulate the production,
					 handling, sampling, examination, grading, labeling and sale of Grade A raw milk
					 and Grade A raw milk products at the dairy farm; the inspection of dairy herds
					 and dairy farms; and the issuing and revocation of permits and related
					 penalties.
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 217.22 - Adulterated or Misbranded Milk or Milk Products

Current through Reg. 49, No. 28; July 12, 2024
No person shall, within the State of Texas, produce, sell,
					 offer for sale, or have in possession with intent to sell, any milk or milk
					 product which is adulterated, misbranded, or ungraded.
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 217.23 - Permits

Current through Reg. 49, No. 28; July 12, 2024
A person must have a permit to sell or provide Grade A raw
					 milk and Grade A raw milk products. A person must comply with the provisions of
					 this subchapter to receive a Grade A Raw for Retail Milk
					 permit.
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 217.24 - Labeling

Current through Reg. 49, No. 28; July 12, 2024
(a) All bottles,
				  containers, and packages enclosing Grade A raw milk and Grade A raw milk
				  products as defined in §
										217.1(41)
				  of this title (relating to Definitions) must be conspicuously labeled
				  immediately upon bottling on the principal display panel to include:
(1) the product name, which must contain the
				  phrase "Grade A Raw" and include the product name as given in the definition in
				  §
											217.1(41)
				  of this title;
(2) the batch
				  number of the Grade A raw milk or Grade A raw milk products, which must consist
				  of the date the Grade A raw milk or Grade A raw milk product was bottled or
				  packaged;
(3) the quantity of the
				  contents;
(4) the name, address,
				  zip code, telephone number, and permit number of the Grade A raw milk
				  processor;
(5) all ingredients
				  listed in descending order of predominance;
(6) any allergens that must be identified
				  with bold letters in the ingredient statement or having a "Contains" statement
				  immediately after the ingredient statement; and
(7) the following statement: "This product
				  contains unpasteurized milk. Consuming raw foods, including raw dairy products,
				  may increase your risk of foodborne illness. Persons at higher risk for
				  foodborne illness include pregnant and nursing women, children, the elderly,
				  and people with weakened immune systems."
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 217.25 - Inspection of Grade A Raw Milk Processor Dairy Farms

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Grade A raw milk processor dairy
				  farm whose milk is produced and intended for consumption within the State of
				  Texas must be inspected by the department before the issuance of a permit.
(b) Following the issuance of a
				  permit, each Grade A raw milk processor dairy farm shall be inspected at least
				  quarterly by the department.
(c) A
				  violation of the requirements set forth in §
										217.27
				  of this title (relating to Standards for Grade A Raw Milk and Raw Milk
				  Products) shall be denoted on the Grade A raw milk processor dairy farm
				  inspection form.
(d) A copy of the
				  most recent inspection report must be posted in a conspicuous place on an
				  inside wall of the Grade A raw milk processor dairy farm.
(e) Every Grade A raw milk processor must
				  allow officially designated persons to access all parts of the dairy farm
				  during normal business hours to determine compliance with the provisions of
				  this subchapter.
(f) Every Grade A
				  raw milk processor must furnish the department, upon request, for official use
				  only, a true statement of the actual quantities of Grade A raw milk and Grade A
				  raw milk products sold, records of inspections, and temperature records.
(g) When a condition is found
				  which constitutes an imminent health hazard, the department may take immediate
				  enforcement action.
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 217.27 - Standards for Grade A Raw Milk and Raw Milk Products

Current through Reg. 49, No. 28; July 12, 2024
All Grade A raw milk and Grade A raw milk products must be
					 produced and handled in conformity with the following chemical,
					 bacteriological, and temperature standards, and the sanitation requirements
					 stated in §
										217.28
					 of this title (relating to Sanitation Requirements for Grade A Raw Milk and Raw
					 Milk Products).
(1) Temperature:
				  Cooled to 45 degrees Fahrenheit (7 degrees Celsius) or less within two hours
				  after milking.
(2) Antibiotics: No
				  positive results on drug residue detection methods.
(3) Somatic Cells: Individual raw milk shall
				  not exceed 750,000 cell count per milliliter (ml). Goat milk shall not exceed
				  1,500,000 per ml.
(4) Bacteria
				  Limits: 20,000 per ml. Cultured products are exempt from this standard.
(5) Coliform: Not to exceed 10 per
				  ml.
(6) Pathogen: Zero.
(7) Aflatoxin: less than 0.5 parts per
				  billion (ppb).
(8) Water
				  Adulteration: cryoscope reading of -0.524 or above.
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 217.28 - Sanitation Requirements for Grade A Raw Milk and Raw Milk Products

Current through Reg. 49, No. 28; July 12, 2024
(a) Abnormalities
				  in milk.
(1) Milk from animals treated with
				  or exposed to insecticides not approved for use on dairy cattle by the U.S.
				  Environmental Protection Agency must not be offered for sale.
(2) The department may require additional
				  tests for the detection of abnormalities in milk.
(3) Milk containing abnormalities must be
				  handled and disposed of to prevent the infection of other animals and the
				  contamination of milk utensils and equipment. Milk containing abnormalities may
				  not be offered for human consumption.
(4) Animals secreting milk with abnormalities
				  must be milked last or with separate equipment, in order to prevent the
				  contamination of the wholesome supply.
(5) Equipment, utensils, and containers used
				  for the handling of milk containing abnormalities must not be used for the
				  handling of milk to be offered for sale, unless they are first cleaned and
				  sanitized.
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 217.29 - Animal Health

Current through Reg. 49, No. 28; July 12, 2024
(a) All herds and
				  additions thereto shall be tested and found free of tuberculosis and
				  brucellosis before any milk therefrom is sold. All required tests in this
				  section must be performed by a licensed veterinarian or a veterinarian in the
				  employment of an appropriate state or federal agency.
(b) All herds must be retested at least every
				  12 months and found free of tuberculosis and brucellosis. All test results must
				  be provided to the department.
(c)
				  All bovine herds must participate in the brucellosis milk ring testing program
				  conducted by the Texas Animal Health Commission.
(d) For diseases other than brucellosis and
				  tuberculosis, the department shall require physical, chemical, or
				  bacteriological tests as it deems necessary.
(1) The diagnosis of other diseases in dairy
				  animals shall be based upon the findings of a licensed veterinarian or a
				  veterinarian in the employment of an appropriate state or federal agency.
(2) Any diseased animal disclosed
				  by such tests shall be disposed of in a method approved by the
				  department.
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 217.30 - Plans for Grade A Raw Milk Processor Dairy Farms

Current through Reg. 49, No. 28; July 12, 2024
Properly prepared plans for all milkhouses, milking barns,
					 stables, Automatic Milking Installations (AMIs) and parlors regulated under
					 this subchapter, which are hereafter constructed, reconstructed, or extensively
					 altered, shall be submitted to the department for written approval before work
					 is begun.
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 217.31 - Selling of Raw Milk to the Consumer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Grade A raw milk and Grade A raw milk products may be sold by the Grade A raw
				  milk processor directly to the consumer at the raw milk processor dairy farm,
				  provided that such producer has been issued a Grade A Raw for Retail Permit in
				  accordance with §
										217.91
				  of this title (relating to Milk Facilities and Operations Permit and Frozen
				  Dessert License Procedures), and complies with this subchapter.
(b) Grade A raw milk and Grade A raw milk
				  products may be delivered by the permitted processor, or the permitted
				  processor's employee, to a location determined by the processor and customer,
				  as long as the distribution does not violate a local ordinance, provided that
				  the permitted processor:
(1) Ensures all
				  Grade A raw milk and Grade A raw milk products are delivered in refrigerated
				  sanitary equipment.
(A) If ice is used to
				  keep Grade A raw milk and Grade A raw milk products cold, the ice must come
				  from an approved source or made with approved potable water source and must not
				  contain any dirt, debris, or other contaminations.
(B) Grade A raw milk and Grade A raw milk
				  products must not be completely submerged in ice.
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 217.32 - Disease Control and Employee Health

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any person who, by medical examination or supervisory observation, is shown to
				  have, or appears to have, an illness; open lesion, including boils, sores, or
				  infected wounds; or any other abnormal source of microbial contamination by
				  which there is a reasonable possibility of food, food-contact surfaces, or
				  food-packaging materials becoming contaminated, must be excluded from any
				  operations which may be expected to result in such contamination until the
				  condition is corrected, unless conditions, such as open lesions, boils, and
				  infected wounds are adequately covered (e.g. by an impermeable cover).
				  Personnel must be instructed to report such health conditions to their
				  supervisors.
(b) When reasonable
				  cause exists to suspect the possibility of transmission of infection from any
				  person concerned with the handling of milk, the department is authorized to
				  require any or all the following measures:
(1) the immediate exclusion of that person
				  from milk handling;
(2) the
				  immediate exclusion of the milk supply concerned from distribution and use; and
(3) adequate medical and
				  bacteriological examination of the person, of the person's associates, and
				  their body discharges.
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 217.33 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Records for the
				  production, processing, bottling, and all sales of Grade A raw milk and Grade A
				  raw milk products must be maintained and provided to the department, upon
				  request, and must include the following.
(1)
				  The monitoring of all temperature controls during the production, processing,
				  bottling, sale, and delivery.
(2)
				  The corrective actions taken when there is a failure to maintain product at the
				  required temperature of 45 degrees Fahrenheit (7 degrees Celsius).
(3) The amount of Grade A raw milk and Grade
				  A raw milk products produced daily.
(4) The amount of Grade A raw milk and Grade
				  A raw milk products processed daily.
(5) The amount of Grade A raw milk and Grade
				  A raw milk products sold and delivered daily.
(6) The batch number for each Grade A raw
				  milk and Grade A raw milk product that is bottled daily.
(7) Herd health records, which must be
				  provided to the department annually.
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 217.34 - New Technologies

Current through Reg. 49, No. 28; July 12, 2024
Technologies not addressed in current rule must be
					 approved and accepted by the department before implementation and
					 use.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.41 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
These sections provide for uniformity of inspections of the
					 premises of frozen desserts manufacturers; protect the health and safety of
					 consumers by preventing the manufacture or distribution of frozen desserts,
					 products sold in semblance of frozen desserts, or mixes for those products that
					 do not meet state requirements or related requirements of purity or labeling;
					 and assist manufacturers in meeting state requirements.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.42 - Permits

Current through Reg. 49, No. 28; July 12, 2024
Every frozen desserts manufacturer located in the State of
					 Texas, and every frozen desserts manufacturer that exports frozen desserts into
					 the State of Texas shall secure a permit. Only a person who complies with the
					 requirements of these rules shall be entitled to receive and retain such a
					 permit.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.43 - Labeling

Current through Reg. 49, No. 28; July 12, 2024
(a) The labeling on
				  all packages or containers of frozen desserts or mix designed for sale at
				  retail shall clearly and conspicuously include:
(1) the name of the food as provided for in
				  the definitions and standards established by this chapter;
(2) quantity of contents;
(3) name and address of the manufacturer,
				  packer or distributor, provided that, in addition, the manufacturer's plant
				  code number shall appear if the manufacturer's name and address are not
				  included on the label; and
(4)
				  flavor labeling, if the food contains any added characterizing
				  ingredients.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.44 - Inspection of Frozen Desserts Plants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to the issuance of a permit, and at least once every three months
				  thereafter, the department shall inspect all frozen desserts plants within the
				  State of Texas, the products of which are intended for consumption within the
				  State of Texas, and shall make as many additional inspections as are necessary
				  for the enforcement of these rules. If the department representative discovers
				  the violation of any sanitation requirement, a representative shall make a
				  second inspection after a lapse of such time as the representative may deem
				  necessary for the defect to be remedied, but not before the lapse of three
				  days. The second inspection shall be used in determining compliance with these
				  regulations. Any violation of the same sanitation requirement of these
				  regulations on two consecutive inspections shall be the basis for immediate
				  suspension of permit.
(b) The
				  original copy of the inspection report shall be posted by the department in a
				  conspicuous place upon an inside wall of the frozen desserts plant and said
				  inspection report shall not be defaced or removed by any person except the
				  department. Another copy of such inspection report shall be filed with the
				  records of the department.
(c)
				  Every processor or manufacturer of mix or frozen desserts shall permit upon
				  request a department representative access to all parts of the frozen dessert
				  or mix establishment; and shall furnish the department, upon request, a true
				  statement of the actual quantities of mix or frozen desserts used or
				  produced.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.46 - Sanitation Standards for Frozen Desserts Plants

Current through Reg. 49, No. 28; July 12, 2024
(a) Floors. The floors of all rooms in which
				  mix, frozen desserts, or their ingredients are manufactured, processed, or
				  frozen, or in which containers and utensils are washed, shall be constructed of
				  concrete or other equally impervious and easily cleaned material, and shall be
				  smooth, properly drained, provided with trapped drains, and kept clean and in
				  good repair; provided, that cold storage rooms used for storing frozen desserts
				  and cold storage rooms used for storing milk, cream, or milk products, frozen
				  fruits, frozen eggs, and comparable ingredients need not be provided with floor
				  drains but the floors shall be sloped to drain to one or more exits, and shall
				  be kept clean and in good repair; provided that, dry storage rooms need not be
				  drained and tight wood floor construction is optional. Provided further, that
				  the construction requirements of this item shall be waived in the case of
				  frozen desserts establishments, if that portion of the room in which the
				  freezer is installed and the room in which containers or utensils are washed
				  have floors of metal, durable grades of linoleum or plastic, or tight wood
				  impregnated with plastic in lieu of concrete.
(b) Walls and ceilings. Walls and ceilings of
				  rooms in which mix, frozen desserts, or their ingredients are manufactured,
				  processed, or frozen, or in which containers or utensils are washed shall have
				  easily cleanable, washable light-colored surfaces, and shall be kept clean and
				  in good repair.
(c) Doors and
				  windows. Unless other effective means are provided to prevent the access of
				  flies, all openings to the outer air shall be effectively screened, and all
				  doors shall be self-closing.
(d)
				  Lighting and ventilation.
(1) All rooms shall
				  be well lighted.
(2) All rooms
				  shall be well ventilated.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.47 - Frozen Desserts Which May Be Sold

Current through Reg. 49, No. 28; July 12, 2024
No frozen desserts that have been manufactured in Texas
					 shall be sold to the final consumer or to restaurants, soda fountains, grocery
					 stores, dairy stores, or similar establishments within the State of Texas,
					 unless it has been manufactured and frozen in a plant conforming with the
					 requirements of this subchapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.48 - Transferring and Dispensing Frozen Desserts

Current through Reg. 49, No. 28; July 12, 2024
Except as permitted by the department, no person shall
					 transfer frozen desserts from one container to another on the street, or in any
					 vehicle or store, or in any place except under sanitary
					 conditions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.49 - Mix and Frozen Desserts from Points Beyond the Limits of Routine Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally.
				  Frozen desserts from points beyond the limits of routine inspection of the
				  State of Texas may be sold in the State of Texas, provided they are
				  manufactured and/or pasteurized under provisions which are substantially
				  equivalent to the requirements of this regulation as determined in writing by
				  the department.
(b) Approval of
				  supplies. Subject to laboratory tests upon arrival, the department shall
				  approve, without inspection, supplies of frozen dessert mix, and frozen
				  desserts from an area not under the department's routine inspection:
(1) when these products are manufactured
				  and/or pasteurized under regulations equivalent to those of this regulation;
				  or
(2) when these products are
				  under routine official supervision.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.50 - Plans for Construction and Reconstruction of Frozen Desserts Plants

Current through Reg. 49, No. 28; July 12, 2024
(a) All frozen
				  desserts plants in the State of Texas, which are constructed or extensively
				  altered, shall obtain signed approval from the department for said construction
				  before work is begun.
(b) All new
				  frozen desserts plants applying for a permit, and all new construction,
				  reconstruction, or extensive alterations made shall comply with the
				  requirements of this regulation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.51 - Procedure When Infection Is Suspected

Current through Reg. 49, No. 28; July 12, 2024
When probable cause exists to suspect the possibility of
					 infection from any person concerned with the handling of mix, frozen desserts,
					 or their ingredients, the department is authorized to require any or all of the
					 following measures:
(1) the immediate
				  exclusion of that person from handling mix, frozen desserts, or their
				  ingredients;
(2) the immediate
				  exclusion of the mix or frozen desserts concerned from distribution and use;
				  and
(3) adequate medical
				  examination of the person before returning to frozen dessert
				  handling.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter D - BULK MILK REGULATIONS › Section 217.62 - Bulk Milk Holding Tanks

Current through Reg. 49, No. 28; July 12, 2024
(a) Farm bulk
				  milk tanks shall have a capacity adequate for production between routine
				  pickups. The time between pickups shall not exceed every other day. Milk must
				  be of sufficient quantity for adequate mechanical agitation at the completion
				  of the first milking.
(b) Farm bulk
				  milk tanks shall be equipped with an indicating thermometer, the sensor of
				  which shall be located to permit the registering of the temperature of the
				  contents when the tank contains no more than 20% of its calibrated
				  capacity.
(c) Farm bulk milk tanks
				  will be equipped with easily accessible sampling ports or a sample
				  cock.
(d) Farm bulk milk tanks
				  shall comply with the "Grade A Pasteurized Milk Ordinance" which is adopted by
				  reference in §
										217.2
				  of this title (relating to Grade A Pasteurized Milk Ordinance).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter D - BULK MILK REGULATIONS › Section 217.65 - Responsibilities of the Bulk Milk Hauler/Sampler

Current through Reg. 49, No. 28; July 12, 2024
Duties and responsibilities of the Bulk Milk Hauler/Sampler
					 shall be in compliance with §
										217.2
					 of this title (relating to Grade A Pasteurized Milk Ordinance). In addition the
					 Bulk Milk Hauler/Sampler shall:
(1)
				  agitate the farm bulk milk tank for a minimum of ten minutes. Larger tanks may
				  require more time; and
(2) deliver
				  producer samples to designated place and personnel as approved by the
				  department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.71 - Permits

Current through Reg. 49, No. 28; July 12, 2024
Every manufacturer of dairy products located in the State
					 of Texas, shall obtain a milk plant permit. Farms producing milk for
					 manufacturing purposes shall obtain a producer dairy farm permit. Only a person
					 who complies with the requirements of these rules shall be entitled to receive
					 and retain a permit.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.72 - Inspection of Dairy Product Manufacturers

Current through Reg. 49, No. 28; July 12, 2024
(a) Each dairy product manufacturer located
				  within the State of Texas shall be inspected by the department prior to the
				  issuance of a permit. Following the issuance of a permit, each dairy product
				  manufacturer shall be inspected at least once every three months. When the
				  violation of any of the requirements set forth in §
										217.74
				  of this title (relating to Requirements for Milk Plants Producing Dairy
				  Products) are found to exist, the violation will be brought to the attention of
				  the dairy product manufacturer, and a second inspection shall be required after
				  the time deemed necessary to remedy the violation, but not before the lapse of
				  three days. This second inspection shall be used to determine compliance with
				  the requirements of §
										217.74
				  of this title. Any violation of the same requirements of §
										217.74
				  of this title on the second inspection shall be the basis for permit suspension
				  in accordance with §
										217.92 of
				  this title (relating to Enforcement) and/or court action.
(b) One copy of the inspection report shall
				  be provided to the operator, or other responsible person and be posted in a
				  conspicuous place on an inside wall of the establishment. The inspection report
				  shall not be defaced and shall be made available to the department upon
				  request. An identical copy of the inspection report shall be filed with the
				  records of the department.
(c)
				  Every dairy product manufacturer, upon the request of the department, shall
				  permit access of officially designated persons to all parts of their
				  establishment or facilities to determine compliance with these rules. A
				  distributor or milk plant operator shall furnish the department, upon request,
				  a true statement of the actual quantities of milk and milk products purchased
				  and sold.
(d) All plans for the
				  construction, reconstruction, or alterations other than those to repair or
				  perform maintenance on existing facilities of a dairy product manufacturer must
				  be submitted to the department for approval before construction is
				  begun.
(e) When a condition is
				  found which constitutes an imminent health hazard, the department shall suspend
				  the permit immediately. A dairy product manufacturer found violating any
				  requirement must be notified in writing. The requirement of giving written
				  notice shall be deemed to have been satisfied by the handing to the operator,
				  or by the posting, of an inspection report, as required by this section. After
				  receipt of a notice of violation, but before the allotted time has elapsed, the
				  dairy product manufacturer shall have an opportunity to appeal or request an
				  extension of the time allowed for correction.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.73 - Raw Milk for Manufacturing Purposes

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Raw milk for manufacturing purposes shall be produced from producer dairy farms
				  that hold a valid Grade A permit. Dairies that are permitted to sell Grade A
				  Raw Milk for Pasteurization, but have had their permit temporarily suspended
				  because of violations of Grade A standards for bacterial count, somatic cell
				  count, or added water may be eligible to sell milk for manufacturing purposes
				  for a period not to exceed 14 days, provided that the most recent bacterial
				  count of milk does not exceed 500,000 per milliliter.
(b) The appearance of acceptable raw milk
				  shall be normal and free of sediment when examined visually or by test
				  procedure. It shall not show any abnormal condition (including, but not limited
				  to curdled, ropy, bloody or mastitic condition), as indicated by sight or other
				  test procedures. The milk shall be free from objectionable feed and other
				  off-odors. It shall be free of excessive sediment.
(c) Milk for manufacturing purposes shall not
				  contain aflatoxin residues of 0.5 parts per billion or greater.
(d) Milk for manufacturing purposes shall
				  contain no drug residues.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.74 - Requirements for Milk Plants Producing Dairy Products

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements.
(1) Plant cleanliness. All rooms in which
				  dairy products are handled, processed or stored, or in which containers,
				  utensils and/or equipment are washed or stored, shall be kept clean, neat and
				  free of evidence of insects and rodents. Only insecticides and rodenticides
				  approved for use by the department and/or registered with the U.S.
				  Environmental Protection Agency (EPA) shall be used for insect and rodent
				  control. Only equipment directly related to processing operations or the
				  handling of containers, utensils, and equipment shall be permitted in the
				  pasteurizing, processing, cooling, condensing, drying, packaging, and bulk milk
				  or milk product storage rooms. All piping, floors, walls, ceilings, fans,
				  shelves, tables and the non-product-contact surfaces of other facilities and
				  equipment shall be clean. No trash, solid waste or waste dry product shall be
				  stored within the milk plant, except in covered containers. Excessive product
				  dust shall be kept under effective control by the use of exhaust and collective
				  systems designed for in-plant dust control. Tailings and materials collected
				  from exhaust collective systems shall not be used for human
				  consumption.
(2) Surroundings. The
				  adjacent surroundings shall be free from refuse, rubbish, and waste materials
				  to prevent harborage of rodents, insects, and other vermin. The premises shall
				  be kept in a clean and orderly condition, and shall be free from strong or foul
				  odors, or smoke. Construction and maintenance of adjacent plant traffic areas
				  shall be of concrete, asphalt, or similar material to keep dust and mud to a
				  minimum.
(3) Drainage. A suitable
				  drainage system shall be provided which will allow rapid drainage of all water
				  from plant buildings and driveways, including surface water around the plant
				  and on the premises, and all such water shall be disposed of in such a manner
				  as to prevent a nuisance or health hazard and in compliance with state,
				  district, and local regulations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.78 - Supplemental Requirements for Plants Manufacturing, Processing, and Packaging Pasteurized Process Cheese and Related Products

Current through Reg. 49, No. 28; July 12, 2024
(a) Equipment and utensils - General
				  construction, repair, and installation. All equipment and utensils necessary to
				  the manufacture of pasteurized process cheese and related products shall meet
				  the same general requirements as outlined in §
										217.74
				  of this title (relating to Requirements for Milk Plants Producing Dairy
				  Products). In addition for certain other equipment, the following requirements
				  shall be met.
(1) Conveyors. Conveyors shall
				  be constructed of material which can be cleaned, will not rust or otherwise
				  contaminate the cheese, and maintained in good repair.
(2) Grinders or shredders. The grinders or
				  shredders used in the preparation of the trimmed and cleaned natural cheese for
				  the cookers shall be adequate in size. Product-contact surfaces shall be of
				  corrosion-resistant material, and of such construction as to prevent
				  contamination of the cheese and allow thorough cleaning of all parts and
				  product-contact surfaces.
(3)
				  Cookers. The cookers shall be the steam jacketed or direct steam type. They
				  shall be constructed of stainless steel or other equally corrosion-resistant
				  material. All product-contact surfaces shall be readily accessible for
				  cleaning. Each cooker shall be equipped with an indicating thermometer and a
				  temperature recording device. The recording thermometer stem may be placed in
				  the cooker if satisfactory time charts are used; if not, the stem shall be
				  placed in the hotwell or filler hopper. Steam check valves on direct steam type
				  cookers shall be mounted flush with cooker wall, be constructed of stainless
				  steel and designed to prevent the backup of product into the steam line, or the
				  steam line shall be constructed of stainless steel pipes and fittings which can
				  be readily cleaned. If direct steam is applied to the product, only culinary
				  steam shall be used.
(4) Fillers.
				  The hoppers of all fillers shall be covered, but the cover may have sight
				  ports. If necessary, the hopper may have an agitator to prevent buildup on side
				  walls. The filler valves and head shall be kept in good repair, capable of
				  accurate measurements.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.79 - Supplemental Requirements for Plants Manufacturing, Processing, and Packaging Evaporated or Condensed Milk Products

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Sanitation and construction requirements. Facility and equipment shall be
				  constructed and maintained in compliance with §
										217.74
				  of this title (relating to Requirements for Milk Plants Producing Dairy
				  Products), and the most current revision of the "Grade A Pasteurized Milk
				  Ordinance" which is adopted by reference in §
										217.2
				  of this title (relating to Grade A Pasteurized Milk Ordinance). In addition,
				  for certain other equipment, the following requirements shall be met.
(1) Evaporators and vacuum pans. All
				  equipment used in the removal of moisture from milk or milk products for the
				  purpose of concentrating the solids shall meet the requirements of the 3-A
				  Sanitary Standards for Milk and Milk Products Evaporators and Vacuum Pans. All
				  new or used replacements for this type of equipment shall meet the appropriate
				  3-A Sanitary Standards.
(2)
				  Fillers. Both gravity-and vacuum-type fillers shall be of sanitary design and
				  all product-contact surfaces, if metal, shall be made of stainless steel or
				  equally corrosion-resistant material; except that certain evaporated milk
				  fillers having brass parts shall be approved by the department if free from
				  corroded surfaces and kept in good repair. Nonmetallic product-contact surfaces
				  shall meet the requirements for 3-A Sanitary Standards for Rubber and
				  Rubberlike Materials or for Multiple-Use Plastic Materials. Fillers shall be
				  designed so that they will contaminate or detract from the quality of the
				  product being packaged.
(3) Batch
				  or continuous in-container sterilizers shall be equipped with accurate
				  temperature controls and effective valves to regulate the sterilization
				  process. The equipment shall be maintained in such a manner to ensure control
				  of the length of time of processing and to minimize the number of damaged
				  containers.
(4) Homogenizers, where
				  applicable, shall be used to reduce the size of the fat particles and to evenly
				  disperse them in the product. New homogenizers shall meet the applicable 3-A
				  Sanitary Standards.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.80 - Drug Residue Monitoring

Current through Reg. 49, No. 28; July 12, 2024
Dairy Product Manufacturers shall test for drug residues in
					 their incoming raw milk supply fulfilling all industry responsibilities as
					 outlined in the most current revision of the "Grade A Pasteurized Milk
					 Ordinance" which is adopted by reference in §
										217.2
					 of this title (relating to Grade A Pasteurized Milk
					 Ordinance).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter E - DAIRY PRODUCTS AND MILK FOR MANUFACTURING PURPOSES › Section 217.81 - Labeling

Current through Reg. 49, No. 28; July 12, 2024
(a) All bottles,
				  containers and packages containing "milk" or "milk products" defined in §
										217.1 of
				  this title (relating to Definitions) shall be labeled in accordance with the
				  Title 21, Code of Federal Regulations, Subchapter B-Food for Human Consumption.
				  In addition, except milk tank trucks, storage tanks and cans of raw milk from
				  individual dairy farms, they shall be conspicuously marked with:
(1) The identity of the milk plant where
				  pasteurized, ultra-pasteurized, aseptically processed, condensed and/or
				  dried.
(2) The words "keep
				  refrigerated after opening" for aseptically processed milk and milk
				  products.
(3) The common name of
				  the hooved mammal producing the milk shall precede the name of the milk or milk
				  product when the product is from or is made from other than cattle's milk such
				  as "Goat," "Sheep," "Water Buffalo," or "Other Hooved Mammal" milk or milk
				  products respectively.
(4) The word
				  "reconstituted" or "recombined" if the product is made by reconstitution or
				  recombination.
(5) A code or lot
				  number identifying the contents with a specific date, run, or batch of the
				  product, and the quantity of the contents of the container.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter F - PERMITS, FEES AND ENFORCEMENT › Section 217.91 - Milk Facilities and Operations Permit and Frozen Dessert License Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit/license
				  required. A current permit/license is required for every dairy farm, milk
				  plant, receiving station, transfer station, raw for retail milk dairy farm,
				  milk tank truck, dairy product manufacturer, and frozen dessert manufacturer
				  located and operating in the State of Texas. Every milk plant and frozen
				  dessert manufacturer that imports milk, milk products, or frozen desserts into
				  the State of Texas is required to obtain a current permit/license. Permits are
				  issued for a two-year term.
(1) All dairy
				  farm, milk plant, receiving station, transfer station, raw for retail milk
				  dairy farm, milk tank truck, dairy product manufacturer, and frozen dessert
				  manufacturer, and operations located in Texas shall be approved by the
				  department based on an inspection prior to the issuance of a permit.
(2) Permit or license fees once submitted are
				  non-refundable.
(3) A current
				  permit or license shall only be issued when all past due fees (including
				  inspection fees under subsection (h) of this section) and late fees have been
				  paid for all years of operation in Texas.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes the procedures for milk
					 laboratories to become accredited or approved laboratories under state law,
					 Texas Health and Safety Code, Chapters 12 and 435.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1)
				  Accreditation--An official approval granted by the department to a laboratory.
				  The accreditation only permits analysis of milk and dairy samples in accordance
				  with the applicable rules based on the process outlined in this subchapter.
				  Accreditation is granted to a laboratory that is capable of correctly
				  performing the analyses for which it is accredited. Accreditation does not
				  imply that the department certifies the results produced by the accredited
				  laboratory.
(2) Antibiotic milk
				  laboratory--A laboratory only authorized to screen for antibiotics in milk
				  manufacturing.
(3) Approval--An
				  official approval granted by the department to a laboratory. The approval only
				  permits analysis of milk samples for antibiotic testing in accordance with
				  applicable rules based on the process outlined in this subchapter. Approval is
				  granted to a laboratory that is capable of correctly performing analyses for
				  which it is approved. Approval does not imply that the department certifies the
				  results produced by the approved laboratory.
(4) Department--The Department of State
				  Health Services.
(5) Evaluation--An
				  onsite inspection performed by the department that includes a fact-finding
				  process in which information and observations are collected for the purpose of
				  evaluation of the laboratory's compliance with established accreditation or
				  approval standards.
(6) Officially
				  designated laboratory--A commercial laboratory or a milk industry laboratory
				  officially designated by the department for the analysis of milk, milk
				  products, milk for manufacturing, or frozen desserts.
(7) Official laboratory--A biological,
				  chemical, or physical laboratory, which is under the direct supervision of the
				  department for the analysis of milk, milk products, milk for manufacturing, or
				  frozen desserts. Official laboratories include full service
				  laboratories.
(8) Split samples--An
				  annual proficiency testing program that includes bacterial count, coliform
				  count, somatic cell count, presence of antibiotics, presence of phosphatase,
				  and presence of added water, contingent on the milk laboratory accreditation or
				  approval, which is coordinated by the Milk and Dairy Unit, Department of State
				  Health Services, 8407 Wall Street, Austin, Texas 78754, to determine if the
				  milk laboratory is qualified in performing the analyses.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.3 - Evaluation of Milk Laboratories

Current through Reg. 49, No. 28; July 12, 2024
The department adopts by reference the document entitled,
					 Evaluation of Milk Laboratories, as amended, published by the U.S. Department
					 of Health and Human Services, Public Health Service, U.S. Food and Drug
					 Administration, and the National Conference on Interstate Milk Shipments. The
					 document provides the procedures for the evaluation of milk laboratories.
					 Copies are available online at
http://www.dshs.texas.gov/milk
and
					 for review during normal business hours in the Milk and Dairy Unit, Department
					 of State Health Services, 8407 Wall Street, Austin, Texas
					 78754.