901:11-2-04 Somatic cell count.

(A) During at least four separate months within any consecutive six month period, each dairy plant or co-operative association shall collect, at irregular intervals, and submit producer raw milk samples to a laboratory for examination to determine the somatic cell count. Samples shall be representative of all raw milk shipped from bulk tanks and received in cans.

(B) The somatic cell standard for acceptable raw milk shall be the lesser of one million or two hundred fifty thousand per mL. more than the standard established in rule 901:11-1-02 of the Administrative Code. Goat milk shall remain at the same level as established in rule 901:11-1-02 of the Administrative Code.

(C) A screening test may be conducted on goat herd milk. When a goat herd screening sample exceeds either of the following screening test results, a confirmatory test shall be conducted using either:

(1) The California mastitis test - weak positive CMT 1; or

(2) The Wisconsin mastitis test - WMT value of 18 mm.

(D) Samples shall be analyzed at a laboratory approved by the director, and the laboratory results shall be transmitted to the department as requested by the director. Each producer raw milk sample shall be tested for somatic cell count using one of the following methods or any other method listed in the standard methods or by any other equivalent method approved by the director:

(1) Direct microscopic somatic cell count (single strip procedure). Pyronin Y-methyl green stain or "New York" modification shall be used for goat milk;

(2) Electronic somatic cell count;

(3) Flow cytometry/opto-electronic somatic cell count; or

(4) Membrane filter DNA somatic cell count.

(E) The results of the confirmatory test on goat milk for somatic cells shall be the official results.

(F) Whenever the producer raw milk somatic cell count exceeds the standard established in paragraph (B) of this rule, the following procedures shall be applied:

(1) The producer shall be notified of an excessive somatic cell count; and,

(2) Whenever two of the last four somatic cell counts exceed the somatic cell standard as stated in paragraph (B) of this rule, the director shall send a written warning notice to the producer. The notice shall be in effect so long as two of the last four consecutive samples exceed the somatic cell standard.

(G) 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 license or registration shall be suspended until satisfactory compliance is obtained. Shipment may be resumed and the producer license or registration reinstated by the director when an additional sample of the producer raw milk is tested and found satisfactory. The producer license or registration shall remain in a warning status as long as two of the last four somatic cell counts exceed the standard. The director shall suspend the producer license or registration immediately for at least one day, in accordance with section 917.22 of the Revised Code, whenever three of the last five somatic cell counts within any twelve month period exceed the standard.

(1) The director shall suspend the producer license or producer registration for at least seven consecutive days, in accordance with section 917.22 of the Revised Code, whenever a second suspension occurs within any twelve month period.

(2) The director shall suspend the producer license or producer registration for at least fourteen consecutive days, in accordance with section 917.22 of the Revised Code, whenever a third suspension occurs within any twelve month period.

(3) The director shall suspend the producer license or producer registration for at least thirty consecutive days, in accordance with section 917.22 of the Revised Code, whenever four or more suspensions occur within any twelve month period.

(4) Bacteria limit violations shall not be included in 901:11-2-04(G).

R.C. 119.032 review dates: 09/17/2012 and 09/17/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05 , 917.22
Prior Effective Dates: 6/18/01, 6/06/05, 9/19/07, 8/9/2009