Section 11-15-41 - The examination of milk and milk products(a) During any consecutive six months, at least four samples of raw milk for pasteurization shall be taken by the director from each producer and four samples of raw milk for pasteurization, ultra-pasteurization or aseptic processing taken by the director from each milk plant after receipt of the milk by the milk plant and prior to pasteurization, ultra-pasteurization or aseptic processing. In addition, during any consecutive six months, at least four samples of pasteurized and ultra-pasteurized milk and at least four samples of each milk product defined in this chapter, except aseptically processed milk or milk products, shall be taken by the director from every milk plant. Samples of milk and milk products shall be taken while in possession of the producer or distributor at any time prior to delivery to the store or consumer. The producer or distributor shall incorporate a system which will enable the director to collect required samples. Samples of milk and milk products from retail stores, food service establishments, and other places where milk and milk products are sold shall be examined periodically as determined by the director, and the results of the examination shall be used to determine compliance with sections 11-15-37, 11-15-39, and 11-15-47. Proprietors of such establishments shah furnish, upon the director's request, the names of all distributors from whom milk or milk products are obtained.(b) Required bacterial counts, somatic cell counts, cooling temperature checks, and antibiotic tests shall be performed on raw milk for pasteurization. In addition, pesticide residue tests on raw milk shall be performed periodically as determined by the director. When commingled milk is tested, all producers shall be represented in the sample. All individual sources of milk shall be tested when test results on the commingled milk are positive. Required bacterial counts, antibiotic tests, coliform determination, phosphatase, and cooling temperature checks shall be performed on pasteurized milk and milk products. Pesticide residue tests on pasteurized milk and milk products shall be performed periodically as determined by the director. All of the above tests and checks are to be performed by the director.(c) Except for aseptically processed milk and milk products, whenever two of the last four consecutive bacterial counts, somatic cell counts, cooling temperatures, taken on separate days exceed the limit of the standard for the milk or milk product as set forth in section 11-15-42, the director shall send a written notice informing the permittee that the permit may be suspended if an additional sample exceeds the standard. This notice shall remain in effect as long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within twenty-one days of the sending of the notice, but not before the lapse of three days. Except for aseptically processed milk and milk products, whenever three of the last five consecutive bacterial counts, somatic cell counts, cooling temperatures, or coliform determinations, taken on separate days exceed the limit of the standard for the milk or milk product as set forth in section 11-15-42, the director shall send a written notice of intent to suspend the Grade "A" milk permit to the permittee as stipulated in section 11-15-38(d).
When more than one milk or milk product is included on a permit, the suspension shall apply to the milk or milk product in violation of this chapter, and shall not affect other milk and milk products which meet the requirements of this chapter.
(d) Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is known or suspected to be improper pasteurization, it shall be corrected by the permittee, and any milk or milk product involved shall not be offered for sale.(e) Whenever an antibiotic or pesticide residue test exceeds the limit established by this chapter, the United States Food and Drug Administration, or the United States Environmental Protection Agency, an investigation shall be made determine the cause, and the problem shall be corrected by the permittee. No milk shall be offered for sale until it is shown by a subsequent sample that the milk is free of antibiotic or pesticide residues or below the limit established for such residues.(f) Whenever an aseptically processed milk or milk product is found to be unsterile due to under-processing, the director shall consider this to be an imminent hazard to public health. All product from the lot that was found to contain one or more unsterile units shall be removed from sale and disposed of as directed by the director. No aseptically processed milk and milk product shall be sold from the milk plant until it can be shown to the satisfaction of the director that the processes, equipment and procedures used are suitable for consistent production of a sterile product.(g) Samples shall be analyzed by an official laboratory or an officially designated laboratory. All sampling procedures and required laboratory examinations shall be in Methods for the Examination of Dairy Products," a 1985 publication of the American Public Health Association, and the fourteenth edition, 1984, of the "Official Methods of Analyses of the Association of Official Analytical Chemists." Procedures and examinations shall be evaluated in accordance with the Evaluation of Milk Laboratories, 1978 Recommendations of the United States Public Health Service/Food and Drug Administration. Aseptically processed milk and milk products packaged in hermetically sealed containers shall be tested in accordance with Chapter 23 of the United States Food and Drug Administration's Bacteriological Analytical Manual, sixth edition, 1984. Examinations and tests shall be conducted to detect adulterants, as the director shall require. Assays of milk or milk products to which vitamins A or D have been added shall be made by the milk plant at least annually in a laboratory acceptable to the director for such examinations and at no cost to the director.[Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-6, 328-8, 328-9, 328-10, 328-22, 328-23, 328-24)