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

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

(1) The phrase: "...the Regulatory Agency shall..." wherever used in the section is amended to read: "...the Regulatory Agency may..."; and,

(2) Delete the existing language in part and insert: "Should the violation of any requirement set forth in Section 7, or in the case of a bulk milk hauler/sampler, industry plant sampler or milk tank truck also Section 6 and rules 901:11-4-01 to 901:11-4-13 of the Administrative Code, be found to exist on an inspection/audit, a second inspection/audit may be required after the time deemed necessary to remedy the violation, but not before three (3) days. This second inspection/audit shall be used to determine compliance with the requirements of Section 7 or in the case of a bulk milk hauler/sampler, industry plant sampler or milk tank truck also Section 6 and rules 901:11-4-01 to 901:11-4-13 of the Administrative Code. Any violation of the same requirement of Section 7, or in the case of a bulk milk hauler/sampler or milk tank truck also Section 6 and rules 901:11-4-01 to 901:11-4-13 of the Administrative Code, on such second inspection/audit, shall call for license suspension in accordance with Section 3 and/or court action or in the case of an industry plant sampler, shall cease the collection of official regulatory samples until successfully re-trained and re-evaluated by the Regulatory Agency. Provided, that when the Regulatory Agency finds that a critical processing element violation involving:"

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

(1) Delete the existing language in numbered paragraph "2" and insert: "2. During any consecutive six (6) months, at least four (4) samples of raw milk for pasteurization, ultra-pasteurization or aseptic processing, may be collected in at least four (4) separate months, except when three (3) months show a month containing two (2) sampling dates separated by at least twenty (20) days. These samples may be obtained by the Regulatory Agency, from each milk plant after receipt of the milk by the milk plant and prior to pasteurization, ultra-pasteurization or aseptic processing."

(2) Delete the existing language in numbered paragraph "3" and insert: "3. During any consecutive six (6) months, at least four (4) samples of heat-treated milk products, from milk plants offering such products for sale, may be collected by the Regulatory Agency in at least four (4) separate months, except when three (3) months show a month containing two (2) sampling dates separated by at least twenty (20) days.";

(3) Delete the existing language in numbered paragraph "4" and insert: "4. During any consecutive six (6) months, at least four (4) samples of pasteurized milk, flavored milk, flavored reduced fat or low fat milk, flavored nonfat (skim) milk, each fat level of reduced fat or low fat milk and each milk product defined in this Ordinance, may be collected by the Regulatory Agency in at least four (4) separate months, except when three (3) months show a month containing two (2) sampling dates separated by at least twenty (20) days from every milk plant. All pasteurized (including Aseptically Processed and Ultra-Pasteurized) milk and milk products required sampling and testing is to be done only when there are test methods available that are validated by FDA and accepted by the NCIMS. Products with no validated and accepted methods are not required to be tested."

(4) Delete existing language in part and insert: "All pasteurized (including Aseptically Processed and Ultra-Pasteurized) milk and milk products required sampling and testing to be done only when there are test methods available that are validated by FDA and accepted by the NCIMS, otherwise there would be no requirement for sampling. Required bacterial counts, coliform counts, drug tests, phosphatase and cooling temperature determinations may be performed on Grade "A" pasteurized milk and milk products defined in this Ordinance only when there are validated and accepted test methodology."

(5) Delete existing language in part and insert: "Whenever two (2) of the last four (4) consecutive bacterial counts (except those for aseptically processed milk and milk products), somatic cell count, coliform determinations, or cooling temperatures, taken on separate days, exceed the standard for the milk and/or milk products as defined in this Ordinance, the Regulatory Agency shall send a written notice thereof to the person concerned. This notice shall be in effect as long as two (2) of the last four (4) consecutive samples exceed the standard. An additional sample may be taken within twenty-one (21) days of the sending of such notice, but not before the lapse of three (3) days. Immediate suspension of license, in accordance with Section 3, and/or court action may be instituted whenever the standard is violated by three (3) of the last five (5) bacterial counts (except those for aseptically processed milk and milk products), somatic cell counts, coliform determinations or cooling temperatures"; and,

(6) Delete existing language in part and insert: "Whenever a container or containers of aseptically processed milk or milk product is found to be non-sterile, due to under-processing, the Regulatory Agency may consider this to be an imminent hazard to public health and may suspend the license of the milk plant for the sale of aseptically processed milk and milk products. No aseptically processed milk and milk product shall be sold until it can be shown that the processes, equipment and procedures used are suitable for consistent production of a sterile product. All products from the lot that were found to contain one (1) or more non-sterile units shall be recalled and disposed of as directed by the Regulatory Agency."

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

(1) "Item 10 r., "Administrative Procedures," insert numbered paragraph "4": Irregardless 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 empty and shall be emptied at least every seventy-two (72) 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 (7) 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) Item 7p., "Administrative Procedures," numbered paragraph "7", delete existing language and insert: Samples for bacteriological testing of individual water supplies are taken upon the initial approval of the physical structure; each six (6) months thereafter; and when any repair or alteration of the water supply system has been made. Samples may be taken by the Regulatory Agency and examinations shall be conducted in an official laboratory. To determine if water samples have been taken at the frequency established in this Section, the interval shall include the designated six (6) month period plus the remaining days of the month in which the sample is due;

(3) Item 12p., "Administrative Procedures," numbered paragraph 2(d), the word "shall" is changed to "may";

(4) Item 12p., "Administrative Procedures," Table 2., last line, the word "shall" is changed to "may";

(5) Item 12p., "Administrative Procedures," numbered paragraph 6(c), delete existing language and insert: When single-service containers or closures are fabricated in another plant that conforms to the Standards of Appendix J. and the Regulatory Agency has information that they do comply, the Regulatory Agency may accept the containers as being in conformance without additional testing. If there is reason to believe that containers do not conform to the bacteriological standards, additional testing may be required. If containers are fabricated in the milk plant, the Regulatory Agency may collect, during any consecutive six (6) months, at least four (4) sample sets of containers, as defined in Appendix J., from each manufacturing line, as defined in Appendix J., in at least four (4) separate months, except when three (3) months show a month containing two (2) sampling dates separated by at least twenty (20) days, and analyze the sample sets at an Official, Commercial or Industry Laboratory, approved by the State Milk Laboratory Certifying Agency specifically for the examinations required under Appendix J; and,

(6) Item 17p., "Administrative Procedures," numbered paragraph 10, delete existing language and insert: Recirculated cooling water, which is used in coolers and heat exchangers, including those systems in which a freezing point depressant is used, is from a safe source and protected from contamination. Such water shall be tested semiannually and shall comply with the Bacteriological Standards of Appendix G. Samples may be taken by the Regulatory Agency and examination shall be conducted in an Official Laboratory. Recirculated cooling water systems, which become contaminated through repair work or otherwise, shall be properly treated and tested before being returned to use. Freezing point depressants and other chemical additives, when used in recirculating systems, shall be non-toxic under conditions of use.."

Effective: 08/04/2013
R.C. 119.032 review dates: 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02
Prior Effective Dates: 12/1/95, 04/26/05, 5/15/07, 1/22/2009, 4/19/2010