La. Admin. Code tit. 51 § VII-323

Current through Register Vol. 50, No. 11, November 20, 2024
Section VII-323 - Grades of Milk and Milk Products to be Sold
A. All milk and milk products sold to the final consumer or to restaurants, delicatessens, grocery stores and any other establishments that provide milk or milk products for human consumption shall be Grade A pasteurized, Grade A ultra-pasteurized or Grade A aseptic processed (UHT), provided that dry milk products sold or provided for human consumption may be Extra Grade, provided further that all milk and milk products (except Extra Grade dry milk products) provided to institutions who receive funds from the United States Government or the State of Louisiana for the purchase of milk and milk products shall be Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products certified for interstate shipment.
B. Provided, that when the grade of a Grade A product has been lowered to Grade B, the state health officer may authorize the sale of the Grade B milk or milk product for a temporary period, not to exceed 30 days, provided further that the words Grade B shall prominently appear on the principal display panel of all containers of such product.
C. Provided further that extra grade and standard grade dry milk and milk products and ungraded evaporated milk or sweetened condensed milk in containers that have been retort processed after packaging may be sold to the final consumer, restaurants, institutions, grocery stores or other establishments that provide dry milk or milk products or evaporated, concentrated or condensed milk.
D. All raw milk from cows, goats, sheep, water buffaloes and other hooved mammals produced by dairy farms for sale to dairy plants domiciled in Louisiana shall be Grade A raw milk for pasteurization, provided that when the grade of a raw milk supply has been lowered to manufacturing grade raw milk for pasteurization, the state health officer may authorize the sale of manufacturing grade raw milk for pasteurization from the degraded supply for a temporary period, not to exceed 30 days, provided further it is sold for non-Grade A use.
E. The sale, exchange or otherwise providing [including bartering, selling stock in dairy cows in exchange for raw milk, exchanging raw milk in return of animal feed or the cost of animal feed and any other such type arrangement (regardless if there is an actual sale)] of raw milk or dairy products made from raw milk (other than aged/ripened cheese processed in a plant that conforms with the requirements contained in Chapter 25 of this Part) for human or animal consumption is prohibited.

EXCEPTION: This shall not be interpreted to prohibit a farmer from providing raw milk for his/her own animals on his/her own farm.

F. Filled milk, filled milk products, imitation milk products and anomalous milk and milk products shall conform with the bacteriological requirements for Grade A pasteurized, ultra-pasteurized milk, or aseptically processed milk and milk products contained in §355 of this Part and shall be processed and packaged in plants that conform with all of the requirements for dairy plants that process Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products contained in §901 (General Requirements for Dairy Plants) of this Part.

La. Admin. Code tit. 51, § VII-323

Promulgated by the Department of Health and Hospitals, Office of Public Health, R 37:2654 (September 2011).
AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S.40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.