Section 001-329-IV - INSPECTION OF DAIRY FARMS AND MILK PLANTSA. Each single service container manufacturer, dairy farm, milk plant, receiving station, milk tank truck cleaning facility and each bulk milk hauler/sampler who collects samples of raw milk for pasteurization, for bacterial, chemical or temperature standards and hauls milk from a dairy farm to a milk plant, receiving station or transfer station and each milk tank truck and its appurtenances must be inspected/audited by the Department. The Department shall: 1. Bulk Milk Pickup Tanker - Inspect each milk tank truck and its appurtenances, used by a milk hauler who collects samples of raw milk for pasteurization for bacterial, chemical or temperature standards and hauls milk from a dairy farm to a milk plant, receiving station or transfer station, at least once every twenty-four (24) months; a. A copy of the current inspection report must accompany the bulk milk pickup tanker at all times. b. When significant defects or violations are encountered by the Department or another State's regulatory authority, a copy of that report must be forwarded to the Department and also carried on the bulk milk pickup tanker until the violations are corrected. c. Bulk milk pickup tanker inspection must be conducted in a suitable location, i.e., a dairy plant, receiving station or transfer station or milk tank truck cleaning facility. When significant cleaning, construction or repair defects are noted, the bulk milk pickup tanker must be removed from service until proper confined entry safety requirements can be satisfied to determine cleaning or repairs needed. An individual whose qualifications satisfy the Department may verify cleaning and repairs. d. Inspection reports completed by regulatory authorities other than the Department must be forwarded to the Department for verification of annual inspection as required by this section and the Department may use these reports to satisfy permit requirements. 2. Dairy Plant, Industry Plant and Bulk Milk Hauler Samplers - Inspect at least once every 24 months the pickup and sampling procedure of each dairy plant sampler, each industry plant sampler, and each bulk milk hauler/sampler.3. Dairy Plants - 1. IMS Milk Plants: Each Milk plant, milk equipment and receiving station operating under the voluntary IMS program must be inspected at the intervals specified in the PMO;2. Non-IMS Milk Plants Each non-IMS milk plant, milk equipment and receiving station not operated under the IMS program must be inspected during regular production at least once every 12 months. New plants will be inspected initially and again in 6 months. Plants with violations which may adversely affect public health will be re-inspected at a frequency to be determined by the inspector until violations have been corrected. After two consecutive satisfactory inspections, the Department may then resume annual inspection frequency.4. Milk Tank Truck Cleaning Facility and Transfer Stations - Inspect each milk tank truck cleaning facility and transfer station at least once every six (6) months, except that, for those transfer stations that have HACCP Systems, which are regulated under the NCIMS HACCP Program, regulatory audits shall replace the regulatory inspections described in this Section. The requirements and minimum frequencies for these regulatory audits are specified in Appendix K of the PMO.
5. Dairy Farms - Inspect each dairy farm at least once every six (6) months.6. Portable / Temporary Milking Parlors - Inspect each portable/temporary milking parlor whenever it changes location.7. Frozen Dairy Dessert Plants - Inspect seasonal frozen dairy dessert manufacturers at least once every 12 months.8. Single Service Container Manufacturers - Inspect single service container manufacturers at least once every six (6) months. B. Requirements for follow up inspections: Should the violation of any requirement set forth in this Section, or in the case of a bulk milk hauler/sampler or industry plant sampler or milk tank truck also Section XIII and Appendix B of the PMO, be found to exist on an inspection/audit a second inspection is required after the time deemed necessary to remedy the violation, but not before 3 days. This second inspection/audit shall be used to determine compliance with requirements of Section IV or in the case of a milk hauler/sampler or industry plant sampler or milk tank truck also Section XIII and Appendix B of the PMO. Any violation of the same requirement of Section V, or in the case of a bulk milk hauler/sampler or milk tank truck also Section XIII and Appendix B of the PMO on such second inspection/audit, shall be grounds for an administrative permit suspension and/or court action or, a requirement that the collection of official regulatory samples cease until successfully re-trained and re-evaluated by the Department. This Section provides that a dairy farm, bulk milk hauler/sampler, milk tank truck, milk tank truck cleaning facility, milk plant, receiving station, transfer station or distributor shall be subject to suspension of permit and/or court action if two (2) successive inspections disclose a violation of the same requirement.
C. Causes for immediately stopping the movement of milk and milk products - The Department shall take immediate action to prevent further movement and/or processing of such milk or milk products until violations of critical processing elements or unsafe levels of adulterants or contaminants have been corrected. Should correction of such critical processing elements or contaminants not be accomplished immediately, the Department shall take prompt action to suspend the permit.
Critical process violations and contaminant violations include:
(i) Proper pasteurization, whereby every particle of milk or milk product may not have been heated to the proper temperature and held for the required time in properly designed and operated equipment; or(ii) A cross-connection exists, whereby direct contamination of pasteurized milk or milk product is occurring; or(iii) Direct contamination of milk or milk products is occurringD. One (1) copy of the inspection/audit report shall be provided to the operator or other responsible person, or be posted in a conspicuous place on an inside wall of the establishment. Said inspection/audit report shall not be defaced and must be made available to the Department upon request. An identical copy of the inspection report must be filed with the records of the Department.E. Every permit and license holder must, upon request of the Department, permit access by officially designated persons to all parts of the establishment or facilities to determine compliance with the provisions of the rule and/or the PMO. A distributor or milk plant operator must furnish the Department, upon request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, a list of all sources of such milk and milk products, records of inspections, tests, and pasteurization time and temperature records.01-001 C.M.R. ch. 329, § IV