Ala. Admin. Code r. 420-3-16-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-16-.03 - Adulterated Or Misbranded Milk, Milk Products Or Frozen Dessert

(1) No person shall, within the State of Alabama or its jurisdiction, produce, provide, sell, offer, or expose for sale or have in possession with intent to sell, any milk, milk product, or frozen dessert which is adulterated or misbranded; provided, that in an emergency, the sale of pasteurized milk and milk products, which have not been graded, or the grade of which is unknown, may be authorized by the Health Officer, in which case, such products shall be labeled "ungraded."

Note: The option for the emergency sale of pasteurized milk and/or milk products as cited above shall not be applicable to a milk company that is IMS listed under the NCIMS voluntary ICP.

(2) Any adulterated or misbranded milk, milk products, or frozen desserts may be impounded by the Health Officer and disposed of in accordance with applicable laws or regulations.

Note: Adulterated and/or misbranded milk and/or milk products from milk companies IMS listed under the ICP shall not gain entry into the U.S.

(3) Milk plants shall establish and maintain a written recall plan for initiating and affecting the recall of adulterated milk and/or milk products from the market when appropriate for the protection of public health.

(4) Administrative Procedures - This rule shall be used in impounding the products of or preferring charges against, persons who adulterate or misbrand their milk, milk products, or frozen desserts or label them with any grade designation not authorized by the Health Officer under the terms of these rules or who sell or deliver ungraded milk or milk products, except as may be permitted under this rule in an emergency. An emergency is defined as a general and acute shortage in the milkshed, not simply one (1) distributor's shortage.

Note: The option for the emergency sale of pasteurized milk and/or milk products as cited above shall not be applicable to a milk company IMS listed under the ICP.

Recall Plan - A milk plant shall establish a written recall plan that shall include procedures as described in 21 CFR Part 7 (Subpart A and C).

Note: For additional information and guidance from FDA regarding product recalls, milk plants should also refer to the current Guidance for Industry: Product recalls, including removals and corrections at http://www.fda.gov/Safety/Recalls/IndustryGuidance/ucml29259.htm.

Ala. Admin. Code r. 420-3-16-.03

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 12/2/2018.

Author: G. M. Gallaspy, Jr.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 22-20-7.