Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-34-2 - Incorporation By Reference of Federal Model Grade "A" Pasteurized Milk Ordinance2.1. The following portions of the Grade "A" Pasteurized Milk Ordinance, 2011Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, including administrative procedures, public health reasons, tables and illustrations, are incorporated by reference: 2.1.a. Section 1. Definitions. 2.1.a.1. Except that definition "LL. Regulatory Agency" means the Commissioner, Bureau for Public Health, West Virginia Department of Health and Human Resources, or his or her designee. The term "regulatory agency" also means the appropriate agency having jurisdiction and control over matters embraced within this rule.2.1.a.2. The following definitions are added to Section 1: 2.1.a.2.A. "TT. Imitation Milk and Imitation Milk Products and Non-Dairy Products -- Products manufactured from vegetable fats,oils or derivatives other than milk fat and milk solids."2.1.a.2.B. "UU. Adulterated Milk and Milk Products -- Any milk or milk product is adulterated (1) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (2) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by State or Federal rules or regulations, or in excess of those tolerances, if any have been established; (3) if it consists, in whole or in part, of any substance unfit for human consumption; (4) if it has been produced, processed, prepared, packaged, or held under insanitary conditions; (5) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (6) if any substance has been added to the milk or milk product or mixed or packed with the milk or milk product so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is."2.1.a.2.C. "VV. Misbranded Milk and Milk Products -- Any milk or milk products is misbranded: (1) when the container bears or accompanies any false or misleading written, printed or graphic matter; (2) when the milk or milk product does not conform to the definition of the same contained in this rule; and (3) when the container is not labeled in accordance with this rule."2.1.a.3. The following statement is added to Definition Z. Milk Products: "This definition includes cottage cheese and dry curd cottage cheese and any other products designated as a milk product by the regulatory agency."2.1.b. Section 2. Adulterated or Misbranded Milk or Milk Products; 2.1.b.1. Footnote 1 referenced in Section 2 means the State of West Virginia.2.1.b.2. The following is added to Section 2, Adulterated or Misbranded Milk or Milk Products: "Samples analyzed for added water and found to have a freezing point above -0.525° Hortvet (or -0508° Celsius) areadulterated unless proven free of added water."2.1.c. Section 3. Permits; 2.1.c.1. Footnote 1 referenced in Section 3 means the State of West Virginia.2.1.d. Section 4. Labeling;2.1.e. Section 5. Inspection of Dairy Farms and Milk Plants; 2.1.e.1. Footnote 1 referenced in Section 5 means the State of West Virginia.2.1.f. Section 6. The Examination of Milk and Milk Products;2.1.f.1. The following is substituted for Section 6, The Examination of Milk and Milk Products number 4, after the second "NOTE:": "When multiple samples of the same milk or milk products or imitation milk or imitation milk products or non-dairy milk products, except for aseptically processed products, are collected from the same producer or processor from multiple tanks or silos or containers on the same day, the laboratory results are averaged arithmetically by the Regulatory Agency and recorded as the official results for that day. This is applicable for bacterial (standard plate count and coliform), somatic cell count and temperature determinations only."2.1.g. Section 7. Standards for Grade "A" Milk and Milk Products; 2.1.g.1. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 5p. Separate Rooms, Administrative Procedures: "7. Cottage cheese vats shall be located in a separate room, maintained free from insects and other vermin, and kept in a clean condition. Provided, that in facilities existing prior to the effective date of this rule, cottage cheese vats may be located in the processing room when there is no evidence of overcrowding, excessive traffic, condensation or splash. Cottagecheese vats located in the processing rooms shall be equipped with multi-service or single-service covers, which shall be kept in place at all times during the setting operation."2.1.g.2. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 7p. Water Supply, Administrative Procedures: "11. Water supply outlets are provided immediately available to the cottage cheese vats. The hoseused for thetransport of water for washing cottage cheese curd shall be arranged in such a way as to preclude the possibility of the hose touching the floor or the product."2.1.g.3. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 10p. Sanitary Piping: "Cottage cheese, cheese dressings or cheese ingredients may be transported by other methods thatprotect the product from contamination."2.1.g.4. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 15p. Protection from Contamination, 15p. (B) 2. after the second sentence: "The rinsing of cottage cheese curd with sanitized and/or acidified potable water may be accepted by the Regulatory Agency."2.1.g.5. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 18p. Bottling, Packaging and Container Filling after the first sentence: "Cottage cheese, dry curd cottage cheese and reduced fat or lowfat cottage cheese may be transported in sealed containers in a protected, sanitary manner from one plant to another for creaming and/or packaging. If suitable equipment is not available for packaging dry curd cottage cheese, other methods of packaging which eliminate possible chances of contamination may be approved by the Regulatory Agency."2.1.g.6. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 18p. Bottling, Packaging and Container Filling, Administrative Procedures: "12. If cottage cheese, dry curd cottage cheese and reduced fat or lowfat cottage cheese are protected in a sanitary manner, they may be transported in sealed containers from one plant to another for creaming and/or packaging."2.1.g.7. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 19p. Capping, Container Closure and Sealing and Dry Milk Product Storage, Administrative Procedures, 1.: "Ifsuitable equipment is not available for capping cottage cheese, dry curd cottage cheese and reduced fat or lowfat cottage cheese, other methods of capping which eliminate possible chances of contamination may be approved by the Regulatory Agency."2.1.g.8. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 19p, Capping, Container Closure and Sealing and Dry Milk Product Storage, Administrative Procedures, 4.: "Closures for cottage cheese, dry curd cottage cheese and reduced fat or lowfat cottage cheese containers shall extend over the top edges of the container so as to protect the product from contamination during subsequent handling."2.1.g.9. The following is added to Standards for Grade "A" Pasteurized, Ultra-Pasteurized and Aseptically Processed Milk and Milk Products, Item 19p, Capping, Container Closure and Sealing and Dry Milk Product Storage, Administrative Procedures, 5.: "Thisrequirement shall not apply to cottage cheese, dry curd cottage cheese and reduced fat or lowfat cottage cheese container closures, when the closures are supplied in a totally enclosed package, or wrapped so as to protect the closures."2.1.g.10. Footnote 1 referenced in Section 7. Standards for Grade "A" Milk and Milk Products means the State of West Virginia.2.1.h. Section 8. Animal Health;2.1.i. Section 9. Milk and Milk Products Which May Be Sold, except that the words "In the State of West Virginia" are substituted for the words "From and after twelve (12) months from the date on which this Ordinance is adopted," 2.1.i.1. The following is added to Section 9. Milk and Milk Products Which May Be Sold: "The practice of selling shares or other interests in dairy animals as a means of providing unpasteurized milk to the final consumer is prohibited." "The practice of selling raw milk as pet food, as a means of providing unpasteurized milk to the final consumer, is prohibited.""Offering or selling raw milk to the public is prohibited".2.1.j. Section 10. Transferring; Delivery Containers; and Cooling;2.1.k. Section 11. Milk and Milk Products From Points Beyond the Limits of Routine Inspection, except under Administrative Procedures number 9. the words "This provision will expire December 31, 2013, unless extended by future conference action." are deleted; 2.1.k.1. Footnote 1 referenced in Section 11. means The State of West Virginia.2.1.l. Section 12. Plans for Construction and Reconstruction;2.1.m. Section 13. Personnel Health;2.1.n. Section 14. Procedure When Infection or High Risk of Infection Is Discovered;2.1.o. Appendix A. Animal Disease Control;2.1.p. Appendix B. Milk Sampling, Hauling and Transportation;2.1.q. Appendix C. Dairy Farm Construction Standards and Milk Production;2.1.r. Appendix D. Standards for Water Sources;2.1.s. Appendix E. Examples of 3-Out-of-5 Compliance Enforcement Procedures;2.1.t. Appendix F. Sanitization;2.1.u. Appendix G. Chemical and Bacteriological Tests;2.1.v. Appendix H. Pasteurization Equipment and Procedures and Other Equipment;2.1.w. Appendix I. Pasteurization Equipment and Controls-Tests;2.1.x. Appendix J. Standards for the Fabrication of Single-Service Containers and Closures for Milk and Milk Products;2.1.y. Appendix K. HACCP Program;2.1.z. Appendix L. Applicable Regulations, Standards of Identity for Milk and Milk Products and the Federal Food, Drug, and Cosmetic Act,and the Federal Insecticide, Fungicide and Rodenticide Act;2.1.aa. Appendix N. Drug Residue Testing and Farm Surveillance;2.1.bb. Appendix O. Vitamin Fortification of Fluid Milk Products;2.1.cc. Appendix Q. Operation of Automatic Milking Installations for the Production of Grade "A" Raw Milk for Pasteurization; and2.1.dd. Appendix R. Determination of Time/Temperature Control for Safety Milk and Milk Products.