(a) During any six months the following samples shall be taken: (The term “during any six months” is considered to be the six months preceding the month in which the last sample was taken.)
(1) From each producer, at least four samples of raw market milk for pasteurization;
(2) From each milk plant after receipt from producers, at least four samples of raw market milk for pasteurization prior to pasteurization;
(3) From each milk plant, or as an alternative, from vehicles operated by the milk plant, at least four samples of each market milk product processed in the plant;
(4) From each distributor handling market milk products processed outside of any Approved or Established Inspection Service area, at least four samples of each product handled;
(5) From each distributor whose market milk products are distributed outside of an Approved or Established Inspection Service area where the products were processed, at least two samples of each such product handled;
(6) Samples required by (4) and (5) above may be taken from the vehicle delivering the products or from the retail store handling the products.
(b) Samples of market milk and market milk products shall be taken periodically from retail stores. Except where conditions warrant, the frequency of sampling separate brands of packaged products shall not exceed four times in six months. Samples shall be taken in all cases where a complaint is received regarding the condition of the products handled by the store.
(c) The following tests shall be conducted on the samples required by paragraph (a) above.
(1) Standard plate count, coliform count, laboratory pasteurized count, antibiotics, screening and confirmatory methods for the detection of abnormal milk, and examinations for extraneous sediment, on each producer's raw milk;
(2) Standard plate count and temperature tests on all milk plant samples of raw milk for pasteurization;
(3) On all market milk products sampled under (a)(3) and (a)(4) above, where there are applicable standards, standard plate count, coliform count, fat, solids not fat, phosphatase, temperature, and antibiotics. Only standard plate count and temperature tests are required on samples taken under (a)(5), and (b) above.
(4) Tests for added water or other adulterations shall be routinely performed with such frequency as to assure the fluid milk product to be free from adulterants, but not less than once each quarter.
(5) Participation in all nuclear emergency response activities with the sampling of milk and submission of such milk samples to the appropriate laboratories when deemed necessary by federal and state agencies responsible for radiological monitoring.
(d)(1) Procedures for the collection and holding of samples; the selection and preparation of apparatus, media and reagents; and the analytical procedures, incubation, reading and reporting of results, shall be in substantial compliance with those procedures found in Standard Methods for the Examination of Dairy Products of the American Public Health Association and the Official Methods of Analyses of the Association of Official Analytical Chemists.
(2) In addition to the general provisions, the following procedures found in the above-mentioned documents shall be those specified for:
(A) Standard Plate Count at 32°C.
(B) Simplified method for viable counts of raw milk at 32°C.
(C) Coliform tests with solid media at 32°C.
(D) Bacillus Stearothermophilus Disc Assay Method for drug residues in producer raw milk sampled at the farm and commingled raw milk after receipt at the plant.
(E) Bacillus Stearothermophilus Disc Assay Method for drug residues in market milk, market milk products, manufacturing milk and manufactured milk products.
(F) Bacillus Subtilis Disc Assay Method for raw goat milk, goat milk and goat milk products.
(G) American Public Health Association or Association of Official Agricultural Chemists phosphatase tests.
(H) California Mastitis Test as a screening method for abnormal milk followed by a microscopic or an electronic cell counting procedure to confirm excessive screening results.
(e) Samples specified in subsection (a)(1) shall be analyzed by an official laboratory or a laboratory designated by the director. Any designation shall be permissive and may be revoked by the director. In making designations, the director shall be governed by the following requirements:
(1) Samples may be taken by dairy inspectors or persons licensed under Food and Agricultural Code Sections 35161 or 35163. The taking, caring, and analysis of the samples shall be in compliance with the requirements of Section 601, subsection (d).
(2) Analyses shall be performed by persons having successfully passed applicable portions of the Examination for Certificate of Proficiency in the Analysis of Milk and Milk Products as provided for in Section 599(b).
(3) Designated laboratories shall participate in all Bureau of Milk and Dairy Foods Control laboratory split sample surveys for applicable analyses.
(4) In a series of samples of raw market milk for pasteurization which indicate the possibility of degrade, the director or Approved Milk Inspection Service shall take and analyze the second sample for degrade and all samples necessary for reinstatement; however, if the director or Approved Milk Inspection Service obtains three consecutive legal counts, industry may resume sampling and analyzing until an illegal count is found.
(5) The director or Approved Milk Inspection Service shall take all samples and make all analyses which may involve other legal action or condemnation of the product.
(6) The permissive utilization of industry sampling and analyses is limited to individual producer milk. The director in designating laboratories shall stipulate the analyses which may be performed by industry laboratories.
(7) State Dairy Inspectors and representatives of Approved Milk Inspection Services shall resolve any infractions of subsection (e)(1). If they are unsuccessful, they shall file a report with the director outlining all deviations and attempts at rectification.
(8) In the event of any conflict between designated laboratories and laboratories maintained by official agencies, the findings of official laboratories will prevail.
(9) On completion of analyses, the designated laboratories will immediately convey the analytical findings to the director or his representative or Approved Milk Inspection Service having jurisdiction of the dairies.
Credits
Note: Authority cited: Sections 407, 32761.5 and 32733, Food and Agricultural Code. Reference: Sections 32761.5, 32731, 32733 and 33083, Food and Agricultural Code.
6. Amendment of subsections (d)(2)(D)-(F) filed 1-30-95 as an emergency; operative 1-30-95 (Register 95, No. 5). A Certificate of Compliance must be transmitted to OAL 5-30-95 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-30-95 order transmitted to OAL 5-26-95 and filed 7-11-95 (Register 95, No. 28).
This database is current through 4/26/24 Register 2024, No. 17.
