West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-2 - Incorporation by reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The following
				portions of the Grade "A" Pasteurized Milk Ordinance, 2019 Revision, as
				published by the U.S. Department of Health and Human Services, Public Health
				Service, Food and Drug Administration, including administrative procedures,
				public health reasons, tables and illustrations, are incorporated by reference:
2.1.1. Section 1. Definitions, except that
				definition "YY. Regulatory Agency" means the Commissioner of the West Virginia
				Department of Agriculture or his or her designee.
2.1.2. Section 2. Adulterated or Misbranded
				Milk and/or Milk Products;
2.1.2.a. Footnote 1
				referenced in Section 2 means the State of West Virginia.
2.1.2.b. The following is added to Section 2:
				"Samples analyzed for added water and found to have a freezing point above
				-0.525 degrees Hortvet (or -0.507 degrees Celsius) are adulterated unless
				proven free of added water."
2.1.3. Section 3. Permits;
2.1.3.a. Footnote 1 referenced in Section 3
				means the State of West Virginia.
2.1.4. Section 4. Labeling;
2.1.5. Section 5. Inspection of Dairy Farms
				and Milk Plants;
2.1.5.a. Footnote 1
				referenced in Section 5 means the State of West Virginia.
2.1.5.b. Whenever used in this section, the
				words "the Regulatory Agency shall" shall be amended to read "the Regulatory
				Agency may."
2.1.6.
				Section 6. The Examination of Milk and Milk Products;
2.1.6.a. In the fifth paragraph of Section 6,
				the word "shall" is amended to read "may".
2.1.7. Section 7. Standards for Grade "A"
				Milk and/or Milk Products;
2.1.7.a. Footnote 1
				referenced in Section 7 means the State of West Virginia.
2.1.7.b. In Item 7p. Water Supply, under
				"Administrative Procedures", numbered paragraph "8," the words, "samples shall
				be taken" shall be amended to read "samples may be taken".
2.1.7.c. In Item 12p. "Cleaning and
				Sanitizing of Containers and Equipment," under "Administrative Procedures,"
				numbered paragraph "(2)(d)" the word "shall" is amended to read
				"may".
2.1.7.d. In Item 12p.
				"Cleaning and Sanitizing of Containers and Equipment," under "Administrative
				Procedures," in the "Note" immediately following "Table 2" the word "shall" is
				amended to read "may".
2.1.7.e. In
				Item 12p. "Cleaning and Sanitizing of Containers and Equipment," under
				"Administrative Procedures," numbered paragraph "(6)(c)" the word "shall" is
				amended to read "may".
2.1.7.f.
				Item 17p. "Cooling of Milk and/or Milk Products," under "Administrative
				Procedures," numbered paragraph "11" the words "shall be taken" are amended to
				read "may be taken".
2.1.7.g. The
				following is added to Section 7
,
item 10r. Utensils and Equipment -
				Cleaning: "Regardless of whether a milk storage/holding tank has had a partial
				removal of milk, the milk storage/holding tank shall be cleaned and sanitized
				when emptied and shall be emptied at least every seventy-two (72) hours. In the
				event of an emergency, such as inclement weather or natural disaster, etc., a
				variance may be permitted at the discretion of the Regulatory
				Agency."
2.1.8. Section
				8. Animal Health;
2.1.9. Section 9.
				Milk and Milk Products Which May Be Sold, except that the words "In the State
				of West Virginia" are substituted for the words "From and after twelve (12)
				months from the date on which this Ordinance is adopted";
2.1.9.a. The following is added to Section 9.
				Milk and Milk Products Which May Be Sold: "Offering or selling raw milk to the
				public is prohibited.".
2.1.10. Section 10. Transferring; Delivery
				Containers; and Cooling;
2.1.11.
				Section 11. Milk and/or Milk Products From Points Beyond the Limits of Routine
				Inspection;
2.1.11.a. Footnote 1 referenced
				in Section 11 means The State of West Virginia.
2.1.12. Section 12. Plans for Construction
				and Reconstruction;
2.1.13. Section
				13. Personnel Health;
2.1.14.
				Section 14. Procedure When Infection or High Risk of Infection Is
				Discovered;
2.1.15. Section 15.
				Enforcement;
2.1.16. Section 16.
				Penalty, which shall read as follows: "Any person who shall violate any of the
				provisions of this Ordinance may be guilty of a misdemeanor and upon conviction
				thereof shall be punished by a fine of not more than $100.00 and/or such
				persons may be enjoined from continuing such violation(s). Each day upon which
				such a violation(s) occurs shall constitute a separate violation."
2.1.17. Section 17 Repeal and Date of
				Effect;
2.1.18. Section 18
				Separability Clause;
2.1.19.
				Footnotes;
2.1.20. Appendix A.
				Animal Disease Control;
2.1.21.
				Appendix B. Milk Sampling, Hauling and Transportation;
2.1.22. Appendix C. Dairy Farm Construction
				Standards and Milk Production;
2.1.23. Appendix D. Standards for Water
				Sources;
2.1.24. Appendix E.
				Examples of 3-Out-of-5 Compliance Enforcement Procedures;
2.1.25. Appendix F. Sanitization;
2.1.26. Appendix G. Chemical and
				Bacteriological Tests;
2.1.27.
				Appendix H. Pasteurization Equipment and Procedures and Other
				Equipment;
2.1.28. Appendix I.
				Pasteurization Equipment and Controls-Tests;
2.1.29. Appendix J. Standards for the
				Fabrication of Single-Service Containers and Closures for Milk and Milk
				Products;
2.1.30. Appendix K. HACCP
				Program;
2.1.31. Appendix L.
				Applicable Regulations, Standards of Identity for Milk and Milk Products and
				the
Federal Food, Drug, and Cosmetic Act
, and the
Federal Insecticide, Fungicide and Rodenticide Act;
2.1.32. Appendix M. Reports and Records
2.1.32.a. All forms in Appendix M may be used
				unless another is approved by the Regulatory Agency.
2.1.33. Appendix N. Drug Residue Testing and
				Farm Surveillance;
2.1.34. Appendix
				O. Vitamin Fortification of Fluid Milk Products;
2.1.35. Appendix P. Performance-Based Dairy
				Farm Inspection System;
2.1.36.
				Appendix Q. RESERVED;
2.1.37.
				Appendix R. Determination of Time/Temperature Control for Safety Milk and Milk
				Products;
2.1.38. Appendix S.
				Aseptic Processing and Packaging Program, Retort Processed After Packaging
				Program and Fermented High-Acid, Shelf-Stable Processing and Packaging Program;
				and
2.1.39 Appendix T. Preventative
				Controls for Human Food Requirements for Grade "A" Milk and Milk
				Products.