901:11-1-05 Amendments to the PMO.

(A) Section 5. "Inspection of Dairy Farms and Milk Plants" is amended as follows:

(1) The words "the Regulatory Agency shall" wherever used in the section shall be amended to read "the Regulatory Agency may."

(2) The words "Appendix B" wherever used in the section shall be amended to read "rule 901:11-4-01 to 901:11-4-13 of the Ohio Administrative Code."

(B) Section 6. "The Examination of Milk and/or Milk Products" is amended as follows:

(1) In the fifth paragraph of Section 6. the word "shall" is amended to read "may".

(2) In the sixth paragraph of Section 6. the word "shall" is amended to read "may".

(3) In the seventh paragraph of Section 6. the words "shall be collected by the Regulatory Agency" shall be amended to read "may be collected by the Regulatory Agency".

(C) Section 7. "Standards for Grade "A" Milk and/or Milk Products" is amended as follows:

(1) In Item 10r. "Utensils and Equipment - Cleaning," insert numbered paragraph "4" which shall read: 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 hours. Milk storage/holding tanks used in the production of goat milk shall be clean and sanitized when empty and shall be emptied at least every seven days. In the event of an emergency situation, such as inclement weather, natural disaster, etc., a variance may be permitted at the discretion of the Regulatory Agency."

(2) 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".

(3) 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".

(4) 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".

(5) 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".

(6) In 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".

(D) Appendix M. "Reports and Records" is amended as follows:

(1) Ohio department of agriculture, dairy division, form 3505 may be accepted where "Form FDA 2359" is.

(2) Ohio department of agriculture, dairy division, form 0502 may be accepted where "Form FDA 2359a" is.

(3) Ohio department of agriculture, dairy division, forms 3507 and 3508 may be accepted where "Form FDA 2359b" is.

(4) Ohio department of agriculture, dairy division, form 3509 may be accepted where "Form FDA 2399a" is.

(5) Ohio department of agriculture, dairy division, form 3510 may be accepted where "Form FDA 2399b" is.

Replaces: 901:11-1-05

Effective: 10/02/2014
Five Year Review (FYR) Dates: 10/02/2019
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02
Prior Effective Dates: 12/1/1995, 04/26/2005, 05/15/2007, 1/22/2009, 4/19/2010, 8/4/2013