Chapter 901:11-4 Ohio Hauler, Weigher, Sampler and Tester Rules

901:11-4-01 Definitions.

As used in rules 901:11-4-01 to 901:11-4-13 of the Administrative Code:

(A) "Clean-in-place" and its acronym CIP mean the procedure by which sanitary pipeline pieces of dairy equipment are mechanically cleaned where used without dismantling.

(B) "Conveyance" means the tank portion of a bulk milk transport tank truck or in the case of a can truck, the enclosed portion of the truck used to house and transport the producer can milk.

(C) "Department" means the Ohio department of agriculture.

(D) "Director" means the director of agriculture or an official, employee, or contractor of the department of agriculture designated by the director of agriculture.

(E) "Direct farm delivery" means the delivery of raw milk to a processing facility by the licensed producer who produced the raw milk.

(F) "Hauler" or "milk hauler" means a person who owns or leases a tank or conveyance used to transport raw milk, but does not include a producer transporting raw milk that the producer has produced.

(G) "License" or "registration" means a license or registration issued by the director as provided in section 917.09 of the Revised Code.

(H) "Milk" means:

(1) The lacteal secretion practically free from colostrum obtained by the complete milking of one or more healthy cows; or

(2) The lacteal secretion practically free from colostrum obtained by the complete milking of one or more healthy goats; or

(3) The lacteal secretion practically free from colostrum obtained by the complete milking of one or more healthy sheep.

(I) "Related multi-use equipment" means the bulk milk transport tanker's hoses, pumps, and fittings and the sample case, dipper and thermometer used by the weigher, sampler.

(J) "Sanitization", "sanitizing" or "sanitize" means the application of any effective method or substance to a clean surface for the destruction of pathogens, and other microorganisms as far as is practicable. Such treatments shall not adversely affect the equipment, the milk and\or milk products, or the health of consumers and shall be acceptable to the director.

(K) "Weigher, sampler, or tester" means a person who, in order to determine volume, weight, or composition for the purpose of determining price, weighs, samples or tests, either of the following but does not include testers for drug residue analysis:

(1) Milk at a dairy farm; or

(2) Milk or cream purchased by a dealer from a milk producer or co-operative.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.01
Rule Amplifies: 917.01
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-02 Licensing.

(A) No person located in Ohio shall act as or hold the person's self out as a weigher, sampler, or tester; or milk hauler unless the person holds a valid license or registration issued by the director under section 917.09 of the Revised Code and this rule or resides out-of-state and is licensed by an out-of-state governmental agency.

(B) The following categories for each license or registration type are as follows:

(1) Weigher, sampler, or tester:

(a) In plant weigher;

(b) In plant sampler;

(c) In plant Babcock tester;

(d) In plant Roese Gottlieb tester;

(e) In plant Infrared tester;

(f) In plant Turbidimetric tester;

(g) Bulk tank weigher, sampler; or

(h) Can milk sampler;

(2) Milk hauler;

(a) Grade A bulk milk hauler;

(b) Manufacture bulk milk hauler;

(c) Grade A can milk hauler; or

(d) Manufacture can milk.

(C) An application shall be submitted for each license type. A license fee of fifteen dollars shall accompany each license or registration application. After the initial issuance of a license or registration, an application and license fee set forth in this paragraph shall be submitted when an additional category within the license type is desired. A license or registration shall remain valid unless suspended, revoked or canceled.

(D) Prior to issuance of a weigher, sampler, or tester license, an applicant shall pass an examination that is given in accordance with section 917.08 of the Revised Code and this rule. The exam shall be composed of a minimum of twenty total questions in the following areas: sanitation and personal cleanliness; sampling and weighing procedures; milk or cream testing procedures; proper use, care and cleaning of equipment; and record keeping. Questions shall be generated from rules 901:11-4-01 to 901:11-4-13 of the Administrative Code:"Standard Methods for the Examination of Dairy Products", 17th edition 2004, edited by H. Michael Wehr, PhD and Joseph F. Frank, PhD, American public health association, 800 I Street, NW, Washington DC 2001; and the "Ohio Bulk Milk Haulers Manual", copyright 2001, Ohio state university extension. A license will not be issued until a score of seventy per cent or greater is achieved.

(E) Under the authority of sections 917.09 and 917.091 of the Revised Code the director may issue a temporary weigher, sampler, or tester license or registration to an applicant upon determination that the applicant has met all qualifications for licensure except successful completion of an examination. A temporary weigher, sampler or tester license shall remain in effect for ninety days or the date of the next examination, which ever comes first.

(F) The director shall inspect each milk hauler's conveyance(s) prior to issuance of a milk hauler license. To determine compliance with rules 901:11-4-01 to 901:11-4-13 of the Administrative Code.

(G) A person when licensed or registered as a milk hauler shall provide the director with a list adequately identifying all owned or leased bulk milk transport tanks or conveyances used to transport raw milk. Thereafter, the milk hauler shall provide the director with any additions, or deletions to such lists annually. The director shall assign an identification number for each bulk milk transport tank or conveyance. The milk hauler shall affix the assigned identification to the tank or conveyance in a manner prescribed by the director.

(H) Licenses or registrations are not transferable with respect to persons or locations.

(I) Licenses or registrations may be cancelled by the director, at no cost to the licensee or registrant, if the licensee or registrant:

(1) Makes such a request of the director;

(2) Transfers the licensed or registered activity to another person;

(3) Does not perform the licensed category activity or registered activity for six months; or

(4) Expired.

(J) Milk haulers located in Ohio shall pay the milk inspection fees prescribed by the milk sanitation board in accordance with section 917.031 of the Revised Code, in addition to the license or registration fee prescribed by section 917.09 of the Revised Code and this rule. Inspection fees shall be paid to the treasurer, state of Ohio, within fifteen days after the receipt of the invoice. Failure to pay inspection fees shall be cause for license or registration revocation.

(K) Any license or registration issued under this rule may be denied, suspended, or revoked by the director for violation of sections 917.01 to 917.24 of the Revised Code or rules adopted under the Administrative Code. Except as provided by section 917.22 of the Revised Code and by this rule, the denial, suspension, or revocation of a license or registration is not effective until notice in writing of the violation has been given and a hearing afforded before the director.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.031 , 917.07 , 917.08 , 917.091
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-03 Procedures and prohibitions.

(A) No person shall produce, provide, sell, offer, expose for sale, or have in their possession with the intent to sell, any milk or milk product which is adulterated or misbranded. Any adulterated or misbranded milk or milk products may be impounded by the director and disposed of in accordance with applicable laws or regulations.

(B) Upon notification by the director that a milk or milk product contains an adulterant or that an emergency exists that presents a clear and present danger as described in rule 901:11-1-02 of the Administrative Code the hauler shall:

(1) Not transport raw milk from a milk producer's dairy farm found violative under rule 901:11-1-02 or 901:11-2-05 of the Administrative Code until such time that subsequent analysis of the milk producer's milk is no longer positive for drug residue; provided the milk hauler may transport milk for the purpose of disposal;

(2) Not transport the adulterated product from the designated location until such time that subsequent analysis shows the product to meet or exceed acceptable food safety standards; and

(3) Immediately notify the director and the milk processor, of the ultimate disposition of the raw milk, if the milk processor does not perform the ultimate disposition.

(C) The milk hauler or weigher, sampler, or tester shall not:

(1) Switch producer raw milk samples;

(2) Falsify sample collection, weight, temperature, or test data in a fashion to provide false or misleading results to the producer, processor, purchasing organization, or any regulatory agency;

(3) Represent one producer's milk as that from another;

(4) Fail to report tanks, meters or scales that are known to have been tampered with, or altered or improperly installed;

(5) Offer or expose for sale; or use for human consumption; or have in his or her possession; or distribute for human consumption any milk or milk product which is adulterated or misbranded, as provided in the applicable provisions of Chapter 3715. of the Revised Code and rules adopted thereunder, or exceeds the specific tolerances set forth in regulations adopted under the food, drug and cosmetic act 21 U.S.C. 201 , 21 U.S.C. 301 , 21 U.S.C. 402, or 21 U.S.C. 406 as amended by the FDA Modernization Act of 1997;

(6) Sell, offer, or expose for sale or use for human consumption, or have in his or her possession with intent to sell or distribute for human consumption, any milk or milk product that is produced at an unlicensed facility or a facility whose license was suspended or revoked by the director;

(7) Manipulate any operation or data so as to produce false or misleading information or results;

(8) Make a false or misleading report; or

(9) Engage in any deceptive practice that would affect prompt and accurate producer payment.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-04 Inspection of milk haulers and weigher, sampler, or testers.

(A) Following the issuance of a milk hauler license the director shall inspect each bulk milk transport tank or conveyance owned or leased by a hauler at least once each twelve months. The milk hauler license may be suspended or revoked for non-compliance of rules 901:11-4-01 to 901:11-4-13 of the Administrative Code.

(B) Every milk hauler shall permit access to all parts of his or her conveyance and its related multi-use equipment to determine compliance with the provisions of rules 901:11-4-01 to 901:11-4-13 of the Administrative Code.

(C) The weighing and sampling procedures of each licensed weigher, sampler, or tester shall be evaluated by the director at least once each twenty-four months for compliance with rules 901:11-4-01 to 901:11-4-13 of the Administrative Code.

(D) One copy of the inspection report shall be delivered to the licensee. A copy of the hauler's tank or conveyance inspection shall remain with that tank or conveyance until such time as a subsequent inspection has been accomplished.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.09 , 917.091 , 917.19
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-05 Construction.

(A) All bulk milk transport tanks or conveyances and the related multi-use equipment with which milk or milk products come into contact, shall be constructed at the time of original purchase and be maintained thereafter in accordance with 3-A sanitary standards as those standards and practices are formulated by the cooperative effort of industry and regulatory groups as represented by the dairy industry committee (DIC), international association of milk, food, and environmental sanitarians (IAMFES), U.S. public health service (USPHS), U.S. department of agriculture (USDA), dairy and food industries supply association (DFISA), and united egg association (UEA).

(B) Conveyances used for the transportation of milk in cans shall be of the enclosed type construction. Provided, direct farm deliveries, shall be covered and operated to protect the product from extreme temperatures, dust, or other adverse conditions, and shall be kept clean.

(C) The cabinet portion(s) of the bulk milk transport tanks or conveyances used for the storage of appurtenances and sampling equipment shall be clean, in good repair and constructed to preclude contamination by dust and dirt.

(D) The bulk milk transport tanks or conveyances dome lid assemblies, vents and dust covers shall be designed to protect the tank and milk from contamination.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-06 Cleaning and sanitizing of containers and equipment.

(A) Prior to use, the milk hauler or weigher, sampler, or tester (hauler/sampler) shall clean and sanitize product contact surfaces of all multi-use containers, tanks, equipment, and utensils used in the sampling, testing and transportation of milk and milk products. Additionally, bulk milk transport tanks and related multi-use equipment shall be cleaned and sanitized after the transport of manufacture milk or the combination of manufacture and grade A milk and prior to the loading and transport of milk and milk products intended for grade A processing.

(B) When ninety-six hours has elapsed before the next use after cleaning and sanitizing, product contact surfaces shall be re-sanitized. Sanitization shall be accomplished by the use of a method described in appendix F of the Grade "A" Pasteurized Milk Ordinance, as adopted in rules 901:11-1-01 to 901:11-1-05 of the Administrative Code.

(C) The bulk milk hauler/sampler shall be responsible for assuring that the milk tank truck has been properly cleaned and sanitized at a permitted milk plant, receiving station, transfer station or NCIMS listed milk tank truck cleaning facility. The bulk milk hauler/sampler shall be responsible for assuring a properly completed cleaning and sanitizing tag is affixed to the outlet valve of the milk tank truck. The milk hauler/sampler is not responsible for the cleaning and sanitizing of milk cans.

(D) Bulk milk transport tanks shall bear a cleaning and sanitizing tag containing the following information:

(1) The identity of the state that issued the bulk milk transport tank permit;

(2) The tank's state permit identification number;

(3) The date and time of day the bulk milk transport tank was last cleaned and sanitized;

(4) The location where the bulk milk transport tank was cleaned and sanitized; and,

(5) The signature of the person who cleaned and sanitized the bulk milk transport tank.

(E) The cleaning and sanitizing tag shall remain affixed to the outlet valve of the bulk milk transport tank until next cleaned and sanitized.

(1) The cleaning and sanitizing tag shall be removed and retained on file for fifteen days at the cleaning facility that next cleans and sanitizes the bulk milk transport tank.

(2) Tagging is not required where the bulk milk transport tank truck delivers to only one receiving facility where responsibility for cleaning and sanitizing can be definitely established.

(F) Multiple loads of milk may be picked up continuously within a twenty-four hour period provided the bulk milk transport tank or conveyance and the related multi-use equipment are cleaned and sanitized after each twenty-four hour period of use.

(1) The first receiving facility shall clearly indicate on the cleaning and sanitizing tag the earliest milk pickup time as recorded on the milk pickup manifest.

(2) Each receiving facility shall make a copy of the original wash tag for each bulk milk transport tank load received and maintain a record of this information at their facility.

(G) The milk hauler or weigher, sampler, or tester shall not place milk or milk products into a bulk milk transport tank which does not bear a cleaing and sanitizing tag showing the identity of the permitting state, permit identification number, date, time, place and signature of the person who cleaned and sanitized the bulk milk transport tank unless the bulk milk transport tank truck delivers to only one receiving unit where responsibility for cleaning and sanitizing can be definitely established.

(H) Milk pickup hoses greater than eight feet in length shall be mechanically cleaned and sanitized.

Effective: 05/11/2012
R.C. 119.032 review dates: 02/23/2012 and 05/11/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-07 Weighing.

(A) The weigher, sampler, or tester shall:

(1) Prior to measuring, allow the milk to become motionless;

(2) Measure the milk:

(a) When the measuring device is a measuring stick, dry the stick at the milk level with a clean single-service paper towel and make the measurement; or

(b) When the measuring stick is outside the farm bulk milk tank, sanitize the stick with a chemical sanitizing solution, dry the stick at the milk level with a clean single-service paper towel and make the measurement; or

(c) When the measuring device is an external gauge assembly and the gauge tube is filled with milk when the weigher, sampler, or tester arrives at the farm, the gauge tube must be emptied and refilled with cold milk and measured;

(3) Repeat the measuring procedure until two identical measurements are taken and;

(4) Record the measurement results on the weight ticket.

(B) A legible record of the weight or volume of bulk tank milk collected from the farm, shall be left for the producer after each pickup, and shall include all of the following:

(1) Producer's route and patron number or applicable identification;

(2) Date of pickup;

(3) Time of pickup;

(4) Temperature of the milk at the time of pickup;

(5) Weigher, sampler, or tester's name and license number; and

(6) Weight or volume of milk collected.

(C) The weighing of milk in cans shall be conducted in a manner using one of the methods listed below:

(1) The use of a properly calibrated and sealed dial scale and weigh tank; or

(2) The use of a properly calibrated and sealed digital scale and weigh tank; or

(3) The use of a properly calibrated collection tank with a measuring rod or capillary tube, where weight or volume may be recorded for each producer prior to pumping to a storage tank; or

(4) The use of a properly calibrated bulk tank for each producer's can milk to be measured.

(D) Licensed weigher, sampler, or testers receiving milk or cream in cans, shall sign daily weight sheets. Information on the weight sheets shall include the producer's name, route/patron number, weight of milk or cream received, and milk temperature at the time of receipt. The original weighers report shall be kept on file in the plant for six months following the date of weighing.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-08 Sampling.

(A) Each weigher, sampler, or tester shall collect a sample from each farm bulk milk tank prior to transferring the milk. The sample shall be collected in the following manner:

(1) Pickup and handling practices shall be conducted to prevent contamination of milk contact surfaces and the empty sample containers must be stored to prevent contamination;

(2) The milk shall be agitated a sufficient time to obtain a homogeneous blend by agitating milk for at least five minutes or for the time recommended by the farm bulk milk tank's manufacturer. To ensure adequate agitation time, the weigher, sampler, or tester must have a watch;

(3) Monthly the weigher, sampler or tester shall check the accuracy of the farm bulk milk tank indicating and when applicable recording thermometer(s), on each bulk tank. The weigher, sampler or tester shall record the results, the date and the name of the individual that preformed the accuracy check on the weight record maintained at the farm. The weigher, sampler or tester's thermometer must be certified for accuracy every six months and be accurate within two degrees Fahrenheit (one degree Celsius) with the results and date recorded on the carrying case. The thermometer must be available for use by the weigher, sampler, or tester and sanitized prior to use;

(4) After the milk has been properly agitated, a sample shall be taken. Remove dipper or sampling device from sanitizing solution or sterile container and rinse at least twice in the milk. The applicable sanitizer test kit must be available to ensure proper sanitizer strength;

(5) Collect a separate sample from each farm bulk milk tank. When transferring milk from the sampling dipper hold the sample container away from the tank and not over the surface of the milk. Fill sampling container not more than three-fourths full after closing and not expel air from the container if a plastic bag is used;

(6) The sample dipper shall be rinsed free of milk and placed in its carrying container;

(7) Immediately close the cover or lid of the farm bulk milk tank after sampling;

(8) The weigher, sampler, or tester shall, at the of point collection, label each sample with the date, time and producer identification acceptable to the director;

(9) A temperature control sample shall also be taken at the first stop of each load. This sample must be labeled with date, time, temperature, producer identification and weigher, sampler identification; and

(10) Place the samples immediately into the sample storage case. The sample case and the storage of samples shall meeting the following criteria:

(a) The sample case shall be insulated, in good repair, clean and constructed of rigid metal, plastic or waterproof material for safe transportation of samples to the laboratory;

(b) The sample case shall have ample space to hold samples, as well as a refrigerant;

(c) Samples shall to be cooled and maintained at a temperature of forty degrees Fahrenheit ( 4.4 degrees Celsius) or less but not cooler than thirty-two degrees Fahrenheit (zero degrees Celsius); and

(d) Samples shall be stored in an upright position and the level of the refrigerant slightly above the level of the milk in the sample container. The neck of the sample container shall be kept above the refrigerant to prevent possible contamination of the sample; or

(e) The samples can be placed in a refrigerator that cools and maintains the samples at a temperature of forty degrees Fahrenheit ( 4.4 degrees Celsius) or less but not cooler than thirty-two degrees Fahrenheit (zero degrees Celsius).

(B) If the milk hauler or weigher, sampler, or tester determines that the condition of the milk is unacceptable, he shall leave the milk in the bulk milk tank and immediately bring the situation to the attention of the producer and the marketing organization. A milk sample still must be taken and the reason for rejection shall be noted on the weight ticket. Under no circumstances shall a sample collector cease sample collection because of the condition of the milk.

(C) Each hauler, weigher, sampler or tester when collecting or testing milk from a producer who direct loads a bulk milk transport tank truck, shall complete their respective responsibilities as specified in the in-line sampler standard operating procedures (SOP's) established for the device and for that producer facility.

(D) Each weigher, sampler, or tester shall collect a sample of milk shipped in cans at the first point of receipt. The sample shall be collected in the following manner:

(1) The milk must be agitated a sufficient time to obtain a homogeneous blend;

(2) Use a sanitized thermometer to check the temperature of the milk and record the result on the sampling form;

(3) Hold the sampling container away from the can or tank opening while filling;

(4) Fill the sample container not more than three-fourths full after closing and not expel air from the container if a plastic bag is used;

(5) Collect a sample immediately after each producer's cans are emptied into a weigh tank. If the weigh tank is not large enough for the producer's total volume of milk, collect proportionate amounts of milk from each filling into a single sample container;

(6) Collect a temperature control sample. When the milk from more than one producer is being sampled a temperature control sample is required for only the first producer's milk sampled; and

(7) Place the samples immediately into the sample storage case. The sample case and the storage of samples shall meet the following criteria:

(a) The sample case shall be insulated and constructed of rigid metal, plastic or waterproof material for safe transportation of samples to the laboratory;

(b) The sample case shall have ample space to hold samples, as well as a refrigerant;

(c) Samples shall to be cooled and maintained at a temperature of forty degrees Fahrenheit ( 4.4 degrees Celsius) or less but not cooler than thirty-two degrees Fahrenheit (zero degrees Celsius); and

(d) Samples shall be stored in an upright position and the level of the refrigerant slightly above the level of the milk in the sample container. The neck of the sample container shall be kept above the refrigerant to prevent possible contamination of the sample; or

(e) The samples can be placed in a refrigerator that cools and maintains the samples at a temperature of forty degrees Fahrenheit ( 4.4 degrees Celsius) or less but not cooler than thirty-two degrees Fahrenheit (zero degrees Celsius).

(E) When a sample is taken directly from the producers milk cans, the weigher, sampler, or tester shall collect a proportionate amount of milk from each can and transfer the milk into a single sample container. The sample shall be collected in accordance with paragraph (D) of this rule.

(F) When samples for official laboratory analysis are transported by any individual where the sample chain-of-custody must be established, the driver may be required to carry a valid weigher/sampler or tester license or shall be evaluated biennially for the collection of samples for official laboratory analysis. The samples and sample case must comply with paragraph (D)(7) of this rule. As an alternative, a sample case sealed as required by the director may be accepted.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-09 Protection from contamination.

(A) Prior to the weighing or sampling of milk, the weigher, sampler, or tester shall wash his hands thoroughly and dry with a clean single-service towel or an air dryer.

(B) The activities and pickup practices of milk haulers or weigher, sampler, or testers shall be conducted in such a manner as to prevent the contamination of milk or milk products.

(C) The milk hauler or weigher, sampler, or tester shall transfer milk from the farm bulk milk tank to a bulk milk transport tank truck only through a hose port located in the milkhouse wall.

(D) The milk hauler or weigher, sampler, or tester shall keep the bulk milk tank lids closed during the pumping process.

(E) Milk cans shall only be used for transporting milk and milk products. Milk cans shall not be transported with any other item that may cause contamination.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-10 Transferring: emptying farm bulk milk tanks; partial pickups.

(A) No person shall transfer milk or milk products from one container or bulk milk tank transport truck to another except in a milk plant, receiving station, transfer station, or milkhouse. Dipping or ladling milk or fluid milk products is prohibited.

(B) When a milk hauler or weigher, sampler, or tester starts to empty a farm bulk milk tank, the tank should be emptied completely. When necessary, a milk hauler or weigher, sampler may empty a farm bulk milk tank partially when the farm bulk milk tank is equipped with a seven-day temperature recording device or other temperature recording device acceptable to the director. In the absence of a temperature recording device, partial pickups may be permitted as long as the farm bulk milk tank is completely emptied, cleaned and sanitized prior to the next milking. The partial pickup shall be recorded on the "Receipt or Producer Milk" form. Farm bulk milk tanks containing grade "A" milk shall be completely emptied, cleaned, and sanitized at least every seventy-two hours.

(C) After a milk hauler or weigher, sampler, or tester pumps the raw milk from the first farm bulk milk tank on the milk route into the bulk milk transport tank or conveyance, the milk hauler or weigher, sampler, tester shall complete the milk route without unnecessary delay. If there is a delay of two hours or more between two consecutive pickups, the milk hauler or weigher, sampler, tester shall clean and sanitize the pickup hose and pump prior to the next pickup and shall record the delay on the "Receipt of Producer Milk" form.

(D) The milk hauler or weigher, sampler, tester shall not pickup milk that is obviously in poor condition due to temperature or adulterated in any way for the purpose of selling, offering, exposing for sale or use for human consumption.

(E) The milk hauler or weigher, sampler, or tester shall remove the cap from the farm bulk milk tank outlet valve and examine for milk deposits or foreign matter and then sanitize if necessary. Once the cap has been removed from the transfer hose, the cap must be protected from contamination and replaced on the transfer hose when pumping is completed.

(F) The milk hauler or weigher, sampler, or tester will continue agitating the milk while pumping out of the farm bulk milk tank and turn off the agitator when the level of the milk is below the level that will cause over-agitation.

(G) The milk hauler or weigher, sampler, or tester shall observe the inside surface of the farm bulk milk tank for foreign matter or extraneous material and record any objectionable observations on the "Receipt of Producer Milk" form.

(H) With the farm bulk milk tank outlet open, the milk hauler or weigher, sampler, or tester shall thoroughly rinse the entire inside surface of the tank with warm water.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-11 Identification.

(A) All conveyances, milk tank trucks and milk cans containing milk or milk products shall be labeled in accordance with the provisions of this rule.

(B) All conveyances or milk tank trucks, except producer direct farm deliveries, containing milk or milk products shall be legibly marked with the name and address of the person in possession or control of the contents.

(C) Milk tank trucks transporting raw, heat treated, or pasteurized milk products to a milk plant from another milk plant, receiving station or transfer station shall be marked with the name and address of the milk plant or hauler and the bulk milk transport tank shall be sealed. In addition, for each such shipment, a shipping statement shall be prepared containing at least the following information:

(1) Shipper's name, address, and license number;

(2) License number of hauler, if not an employee of the shipper;

(3) Point of origin of shipment;

(4) Bulk milk transport tank identity number;

(5) Name of product;

(6) Weight of product;

(7) Grade of product;

(8) Temperature of product;

(9) Date of shipment;

(10) Name of shipper's official regulatory agency at the point of origin of the shipment;

(11) Whether the contents are raw, pasteurized, or in the case of cream, skim milk, and lowfat milk, whether they have been heat-treated;

(12) In the case of condensed milk or milk products, the shipping statement shall include the percent solids of the product;

(13) Interstate milk shippers bulk tank unit (BTU) number if assigned; and

(14) Seal numbers for the seals on the inlet, outlet, wash connection, and vents.

(D) Copies of the shipping statement shall be retained as follows; one by the consignor, one by the milk hauler, and at least two copies shall be delivered to the consignee with the product shipment. The consignee shall retain shipping statements, for a period of at least six months.

(E) Entries made on shipping statements by consignors and consignees shall be legible. When the interstate shipment is derived from more than one point of origin, (each farm or collective supply), separate shipping statements for each of the sources involved shall accompany the shipment.

(F) Each bulk milk transport tank load of milk shall be accompanied by documentation (weight ticket), which shall include the following:

(1) Producers name;

(2) Producer's route and patron number or applicable identification;

(3) Date of pickup;

(4) Time of pickup;

(5) Temperature of the milk at the time of pickup;

(6) Hauler's name and license number;

(7) Weigher, sampler, or tester's name and license number;

(8) Weight or volume of milk collected; and

(9) IMS BTU number for each grade A bulk tank unit. When raw milk from more than one bulk tank unit is recorded on a weight ticket, the IMS BTU number shall be clearly recorded for each producer.

(G) Where multiple grades of milk are transported on one truck, there shall be a separate weight ticket for each grade of milk.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05 , 917.11
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-12 Testing methods for milkfat.

(A) When milk or cream is tested for milkfat for the purpose of determining the price to be paid for the milk or cream, the Babcock test, Roese Gottlieb test, turbidimetric test or infrared test method shall be used.

(B) When the turbidimetric test or infrared test method is used, then either the Babcock test or the Roese Gottlieb test method shall be used as the equipment calibration method.

(C) Persons desiring to perform the turbidimetric test or infrared test method shall also be licensed for either the Babcock test or Roese Gottlieb test method.

(D) All test equipment shall be operated and conducted in accordance with the test equipment manufacturer's manual. Any person performing the tests, shall have conveniently available the current operation manual for the test equipment being used, and any laboratory facilities, apparatus or reagents called for by the operation manual. When the Babcock test, Roese Gottlieb test, turbidimetric test or infrared test method is used, the procedures set forth in the "Official Methods of Analysis of the AOAC International (OMA)", 17th edition, Dr. William Horwitz, editor, published by AOAC International, Suite 500, 481 North Frederick Ave., Gaithersburg, Maryland 20877-2417 USA shall be followed.

(E) Testers shall only use a test method for which they have been licensed to determine producer payment for milk or cream.

(F) Testers shall maintain complete and accurate records of the reading of each sample with the producer's name and number. The tester shall indicate the date of testing and period covered by the sample and shall sign the report and give his license number. The original tester's report shall be kept on file in the plant or laboratory for six months following the date of testing.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007

901:11-4-13 Personnel cleanliness.

Milk haulers or weigher, samplers, or testers shall maintain a clean personal appearance wearing clean outer garments while handling milk, milk containers, utensils, or equipment. They shall not use tobacco in any form while weighing, sampling or testing milk.

Replaces: 901:11-4-13

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.05
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007