Cal. Code Regs. Tit. 3, § 601 - Laboratory and Field Examinations of Market Milk and Market Milk Products
(a)
During any six months the following samples shall be taken: (The term "during
any six months" is considered to be the six months preceding the month in which
the last sample was taken.)
(1) From each
producer, at least four samples of raw market milk for
pasteurization;
(2) From each milk
plant after receipt from producers, at least four samples of raw market milk
for pasteurization prior to pasteurization;
(3) From each milk plant, or as an
alternative, from vehicles operated by the milk plant, at least four samples of
each market milk product processed in the plant;
(4) From each distributor handling market
milk products processed outside of any Approved or Established Inspection
Service area, at least four samples of each product handled;
(5) From each distributor whose market milk
products are distributed outside of an Approved or Established Inspection
Service area where the products were processed, at least two samples of each
such product handled;
(6) Samples
required by (4) and (5) above may be taken from the vehicle delivering the
products or from the retail store handling the products.
(b) Samples of market milk and market milk
products shall be taken periodically from retail stores. Except where
conditions warrant, the frequency of sampling separate brands of packaged
products shall not exceed four times in six months. Samples shall be taken in
all cases where a complaint is received regarding the condition of the products
handled by the store.
(c) The
following tests shall be conducted on the samples required by paragraph (a)
above.
(1) Standard plate count, coliform
count, laboratory pasteurized count, antibiotics, screening and confirmatory
methods for the detection of abnormal milk, and examinations for extraneous
sediment, on each producer's raw milk;
(2) Standard plate count and temperature
tests on all milk plant samples of raw milk for pasteurization;
(3) On all market milk products sampled under
(a)(3) and (a)(4) above, where there are applicable standards, standard plate
count, coliform count, fat, solids not fat, phosphatase, temperature, and
antibiotics. Only standard plate count and temperature tests are required on
samples taken under (a)(5), and (b) above.
(4) Tests for added water or other
adulterations shall be routinely performed with such frequency as to assure the
fluid milk product to be free from adulterants, but not less than once each
quarter.
(5) Participation in all
nuclear emergency response activities with the sampling of milk and submission
of such milk samples to the appropriate laboratories when deemed necessary by
federal and state agencies responsible for radiological
monitoring.
(d)
(1) Procedures for the collection and holding
of samples; the selection and preparation of apparatus, media and reagents; and
the analytical procedures, incubation, reading and reporting of results, shall
be in substantial compliance with those procedures found in Standard Methods
for the Examination of Dairy Products of the American Public Health Association
and the Official Methods of Analyses of the Association of Official Analytical
Chemists.
(2) In addition to the
general provisions, the following procedures found in the above-mentioned
documents shall be those specified for:
(A)
Standard Plate Count at 32°C.
(B) Simplified method for viable counts of
raw milk at 32°C.
(C) Coliform
tests with solid media at 32°C.
(D) Bacillus Stearothermophilus Disc Assay
Method for drug residues in producer raw milk sampled at the farm and
commingled raw milk after receipt at the plant.
(E) Bacillus Stearothermophilus Disc Assay
Method for drug residues in market milk, market milk products, manufacturing
milk and manufactured milk products.
(F) Bacillus Subtilis Disc Assay Method for
raw goat milk, goat milk and goat milk products.
(G) American Public Health Association or
Association of Official Agricultural Chemists phosphatase tests.
(H) California Mastitis Test as a screening
method for abnormal milk followed by a microscopic or an electronic cell
counting procedure to confirm excessive screening
results.
(e)
Samples specified in subsection (a)(1) shall be analyzed by an official
laboratory or a laboratory designated by the director. Any designation shall be
permissive and may be revoked by the director. In making designations, the
director shall be governed by the following requirements:
(1) Samples may be taken by dairy inspectors
or persons licensed under Food and Agricultural Code Sections 35161 or 35163.
The taking, caring, and analysis of the samples shall be in compliance with the
requirements of Section
601, subsection (d).
(2) Analyses shall be performed by persons
having successfully passed applicable portions of the Examination for
Certificate of Proficiency in the Analysis of Milk and Milk Products as
provided for in Section
599(b).
(3) Designated laboratories shall participate
in all Bureau of Milk and Dairy Foods Control laboratory split sample surveys
for applicable analyses.
(4) In a
series of samples of raw market milk for pasteurization which indicate the
possibility of degrade, the director or Approved Milk Inspection Service shall
take and analyze the second sample for degrade and all samples necessary for
reinstatement; however, if the director or Approved Milk Inspection Service
obtains three consecutive legal counts, industry may resume sampling and
analyzing until an illegal count is found.
(5) The director or Approved Milk Inspection
Service shall take all samples and make all analyses which may involve other
legal action or condemnation of the product.
(6) The permissive utilization of industry
sampling and analyses is limited to individual producer milk. The director in
designating laboratories shall stipulate the analyses which may be performed by
industry laboratories.
(7) State
Dairy Inspectors and representatives of Approved Milk Inspection Services shall
resolve any infractions of subsection (e)(1). If they are unsuccessful, they
shall file a report with the director outlining all deviations and attempts at
rectification.
(8) In the event of
any conflict between designated laboratories and laboratories maintained by
official agencies, the findings of official laboratories will
prevail.
(9) On completion of
analyses, the designated laboratories will immediately convey the analytical
findings to the director or his representative or Approved Milk Inspection
Service having jurisdiction of the dairies.
Notes
2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).
3. Amendment filed 5-7-68; effective thirtieth day thereafter (Register 68, No. 18).
4. New subsection 5, filed 10-19-70; effective thirtieth day thereafter (Register 70, No. 43).
5. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
6. Amendment of subsections (d)(2)(D)-(F) filed 1-30-95 as an emergency; operative 1-30-95 (Register 95, No. 5). A Certificate of Compliance must be transmitted to OAL 5-30-95 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-30-95 order transmitted to OAL 5-26-95 and filed 7-11-95 (Register 95, No. 28).
Note: Authority cited: Sections 407, 32761.5 and 32733, Food and Agricultural Code. Reference: Sections 32761.5, 32731, 32733 and 33083, Food and Agricultural Code.
2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).
3. Amendment filed 5-7-68; effective thirtieth day thereafter (Register 68, No. 18).
4. New subsection 5, filed 10-19-70; effective thirtieth day thereafter (Register 70, No. 43).
5. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
6. Amendment of subsections (d)(2)(D)-(F) filed 1-30-95 as an emergency; operative 1-30-95 (Register 95, No. 5). A Certificate of Compliance must be transmitted to OAL 5-30-95 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-30-95 order transmitted to OAL 5 -26-95 and filed 7-11-95 (Register 95, No. 28).
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