West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-7 - Abnormal milk

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A producer
				shall not use milk for manufacturing milk which is found to be abnormal by
				sight or odor, which is from animals that show evidence of the secretion of
				abnormal milk in one or more quarters, or which is from animals that have
				consumed chemical, medicinal, or radioactive agents that may be secreted in the
				milk. Equipment, containers, and utensils used to handle abnormal milk shall be
				cleaned and sanitized by the producer before they are used for milk for
				manufacturing purposes. The equipment shall meet the construction requirements
				set forth in this rule. Milk from animals treated with or exposed to pesticides
				not approved for use on dairy animals by the United States Environmental
				Protection Agency shall not be used for manufacturing purposes until the milk
				has been tested and found acceptable by the Commissioner.
7.2. When a confirmatory test on a routine
				sample indicates a somatic cell count above 750,000 cells per milliliter except
				for goat milk, which is above 1,000,000 cells per milliliter; the Commissioner
				shall send written notification of the unsatisfactory cell count to the
				producer.
7.3. When two out of the
				last four routine samples have a somatic cell count above 750,000 cells per
				milliliter, except for goat milk, which is above 1,000,000 cells per
				milliliter, the Commissioner shall send a written notice of the counts to the
				producer and a representative of the Commissioner shall contact the producer to
				endeavor to determine and eliminate the source of the violative cell count. The
				notice shall be in effect so long as two of the last four consecutive samples
				exceed the somatic cell standard.
7.3.1. An
				additional sample shall be taken no sooner than three days and no later than
				twenty-one days after sending of the warning notice. If this sample also
				exceeds the somatic cell standard, the producer's permit shall be suspended
				until satisfactory compliance is obtained. Shipment may be resumed, and the
				producer's permit reinstated by the Commissioner when an additional sample of
				the producer's raw milk is tested and found satisfactory. The producer's permit
				shall remain in a warning status as long as two of the last four somatic cell
				counts exceed the standard.
7.3.1.a. The
				Commissioner shall suspend the producer's permit immediately for at least one
				day whenever three of the last five somatic cell counts within any twelve-month
				period exceed the standard.
7.3.1.b. The Commissioner shall issue a
				temporary permit whenever resampling of the herd's milk supply indicates the
				milk supply to be within acceptable limits as set forth in this rule.
7.3.1.b.1. Samples shall be taken at the rate
				of not more than two (2) per week on separate days within a 3-week
				period.
7.3.1.b.2. The Commissioner
				shall reinstate the permit upon compliance with the standards set forth in this
				rule.