Rule 40-2-5-.02 - Appendix GChemical and Bacteriological tests. In addition to Appendix G of the Grade A Pasteurized Milk Ordinance, the following shall apply in the State of Georgia:
(a) Sampling and Testing Milk and Cream. All persons, firms, or corporations purchasing milk or dairy products on a basis which includes the use of milkfat tests as the determining factor of the price shall use one of the following methods: 1. A representative sample of each producer's milk shall be taken at least every other day and tested for milkfat daily. Minimum amount of samples shall be 3 fluid ounces.2. The average of these tests shall be used as the percentage of milkfat in the milk delivered for each pay period. Minimum amount of samples shall be 3 fluid ounces.3. A representative sample of each producer's milk shall be taken and held as a composite sample (with addition of approved preservatives) and this composite sample tested for milkfat not less than four or more than eight day intervals. The average of these composite tests shall be used as the percentage of milkfat for the milk delivered in each pay period. Minimum amount of samples shall be 3 fluid ounces.4. A representative milkfat sample is a portion of milk taken from one or more complete days production from a given dairy after all the milk has been thoroughly mixed. Samples that are to be tested to determine the price paid for milk shall be in the care of a person licensed and bonded by the Commissioner of Agriculture and/or under lock and key, properly refrigerated. Composite samples of milkfat shall be tested within 48 hours after sampling has been completed. Composite samples shall be held by the plants for 48 hours after reporting milkfat test to producer.5. As the Federal Milk Market order system is used in Georgia, the Market Administrator's office shall have the responsibility of determining correct milkfat on milk and the prices paid to producers. The guidelines set by Federal Law under the Milk Market Administrator's office shall be used in lieu of sections a, 1-4.(b) Reporting Milkfat Tests to Producers. All milk plants processing Grade A milk shall furnish to each producer weekly a certification of the milkfat tests on the producer's milk, giving dates on which the samples were taken in determining the milkfat content. Distributors or milk processing plant, paying a producer semimonthly, are hereby required to pay the producers of Grade A milk on an average milkfat test of not less than six (6) samples tested in a fifteen day period.(c) Methods of Testing. The Babcock Method shall be employed as required by law and approved by the Georgia Department of Agriculture or other acceptable methods in the "AOAC PUBLICATION OF STANDARD METHODS FOR TESTING DAIRY PRODUCTS".(d) Milkfat Deficiency Penalties. 1. Upon a determination of a violation of the milkfat testing laws, and the milkfat content of milk products, and with the consent of the affected purchaser, restitution to the producer of the difference between the amount due on the basis of the official milkfat test and the amount actually paid on the milkfat test found to be in violation, may be considered by the Commissioner in determining the punishment, if any, to be imposed upon the violator.2. Where producers are paid for milk or milk products, where milkfat content is a factor in determining the price paid, the failure to pay for the actual milkfat content may be penalized on the following basis: (i) where the milkfat sample upon which payment is made is more than one (1) point below the official State test, the official state test will be applied and payment made on the basis of the official State test; and,(ii) where more than 50% (1/2) of the milkfat tests upon which payment is made are found to be below the official state average test, the official state average test will be applied and payment made on the basis of the official state average test.3. If, upon test, it is found that a finished milk product is two (2) or more points below the milkfat minimum, a penalty equal to fourteen cents (.14¢) per hundred weight on one days volume of the processor for the affected product may be imposed for the first offense. In each subsequent offense during any twelve month's period the penalty may be based upon twice the current market value of Minnesota, Wisconsin price per hundred weight on one week's volume of the affected product. In addition to the above, inspection fees may be imposed.4. Milkfats on Finished Products. Enforcement standards for milkfats on finished products shall be those as set forth in the Code of Federal Regulations. (i) whenever the standard is violated by 3 out of the last 5 consecutive tests, the processor shall be notified in writing. Another sample shall be collected within 21 days from the date of the letter and should such product still remain in violation it will be suspended from sale.(ii) suspension shall remain in effect until such time as the regulatory agency tests show the product to be in compliance.(iii) a violation shall be defined as greater than (.2) variation plus or minus on any product with a stated milkfat of 1.0% or higher. Products with less than 1.0% milkfat stated on the container must meet the milkfat standards within Good Manufacturing Practices. There shall be no averages or shortages in milkfat on these lower percentage milkfats.5. Solids not fat standards and enforcement procedures.(i) Standards for solids not fat shall be those set referenced in the Code of Federal Regulations, Title 21.(ii) Whenever the standard is not met on any milk product this shall be a violation. Whenever 3 of the last 5 tests for solids nonfat do not meet or exceed the standard on any milk or milk product, the holder of the license to manufacture this product will be notified in writing. Should the standard continue to be violated the product shall be suspended from the market until such time as the regulatory agency tests show the standard is being met.6. Weight Standards (volume) as Determined by USDA Market Administrator's Office and Enforcement Procedures. (i) Whenever regulatory tests show that the weight standard established by this Department for any milk or milk products is violated by 3 of the last 5 tests, the holder of the license to manufacture such product shall be sent written notice. Enforcement will be in accordance with NIST HANDBOOK 133.7. Added Water in Milk. No producer or milk processor shall offer for sale milk or milk products which contains more than 3.7% added water (-.525 freeze point by standard methods Cryoscope determination or equivalent), with the exception of (i) below. (i) When a herd test average, determined by the regulatory agency is more than 3.7% such producer shall not be in violation of the standard. Milk not meeting the standard shall be removed from the Grade A market.8. Drug Residues other Adulterants and the Disposal of Contaminated Milk Products. Any milk or milk product which shows the illegal presence of drug residues, other adulterants and inhibitors shall be condemned immediately and disposed of in a manner approved by the Georgia Department of Agriculture.Ga. Comp. R. & Regs. R. 40-2-5-.02
O.C.G.A. Sec. 26-2-230.
Original Rule entitled "Forms" adopted. F. Aug. 1, 1969; eff. Aug. 20, 1969.Repealed: New Rule entitled "Appendix G" adopted. F. Dec. 21, 1982; eff. Jan. 10, 1983.Repealed: New Rule of same title adopted. F. Aug. 14, 1992; eff. Sept. 3, 1992.Amended: F. Jan. 10, 2001; eff. Jan. 31, 2001; as specified by Agency.