[Federal Register: August 18, 2005 (Volume 70, Number 159)]
[Notices]
[Page 48515-48517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au05-12]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 48515]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[DA-03-07]
Milk for Manufacturing Purposes and Its Production and
Processing; Requirements Recommended for Adoption by State Regulatory
Agencies
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final notice.
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SUMMARY: This document proposes to adopt as a final notice add to the
recommended manufacturing milk requirements (Recommended Requirements)
by providing provisions for sheep milk, adding follow-up procedures
used when plant-commingled milk in storage tanks exceeds the maximum
allowable bacterial estimate, and providing a definition for heat-
treated cream. The notice to add to the recommended manufacturing milk
requirements (Recommended Requirements) was initiated at the request of
the Dairy Division of the National Association of State Departments of
Agriculture (NASDA) and developed in cooperation with NASDA, the Food
and Drug Administration (FDA), dairy trade associations, and producer
groups. This document also proposes certain other changes to the
Recommended Requirements for clarity and consistency.
DATES: Submit written or electronic comments on or before October 17,
2005.
ADDRESSES: You may use any of the following methods to file comments on
this action:
By mail: Reginald Pasteur, Marketing Specialist, Standardization
Branch, Dairy Programs, STOP 0230 (Room 2746 South Building),
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Washington, DC 20250-0230
By fax: (202) 720-2643,
By e-mail: Reginald.Pasteur@usda.gov or via the electronic process
available at the Federal eRulemaking portal at http://www.regulations.gov
Comments should reference the docket number and the date and page
number of this issue of the Federal Register. Any comments received may
be inspected at the above address during regular business hours (8
a.m.--4:30 p.m.) or accessed via the Internet at http://www.ams.usda.gov/dairy/stand.htm
.
The current Recommended Requirements are available either from the
above mailing address or by accessing the following internet address:
http://www.ams.usda.gov/dairy/manufmlk.pdf. The proposed changes to the
Recommended Requirements are also available from the above mailing
address or by accessing the following Internet address: http://www.ams.usda.gov/dairy/dockets.htm
.
FOR FURTHER INFORMATION CONTACT: Reginald Pasteur, Marketing
Specialist, Standardization Branch, Dairy Programs, AMS, USDA,
telephone (202) 720-7473 or e-mail Reginald.Pasteur@usda.gov.
SUPPLEMENTARY INFORMATION: Under the authority of the Agricultural
Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), the United
States Department of Agriculture maintains a set of model regulations
relating to quality and sanitation requirements for the production and
processing of manufacturing grade milk. These Recommended Requirements
are developed by AMS and recommended for adoption and enforcement by
the various States that regulate manufacturing grade milk. The purpose
of the model requirements is to promote uniformity in State dairy laws
and regulations relating to manufacturing grade milk.
In consultation with representatives from NASDA, State regulatory
agencies, FDA, and dairy industry trade associations, the Department
prepared the Recommended Requirements to promote uniformity in State
dairy laws and regulations for manufacturing grade milk. To accommodate
changes that have occurred in the dairy industry, NASDA and various
State officials have from time to time requested USDA to update the
Recommended Requirements.
During its July 2003 annual meeting, the Dairy Division of NASDA
passed resolutions requesting USDA to provide provisions for sheep
milk, add follow-up procedures used when plant-commingled milk in
storage tanks exceeds the maximum allowable bacterial estimate, and
providing a definition for heat-treated cream. AMS reviewed these
resolutions and developed a draft that identified the changes
associated with this request. This draft was provided to State
regulatory officials and dairy trade association representatives for
informal discussion prior to publication in the Federal Register.
The requirements of Executive Order 13132, Federalism, were
considered in developing this notice, and it has been determined that
this action does not have federalism implications as defined under the
executive order. This action does not have substantial effects on the
States (the relationship between the national government and the States
or on the distribution of power and responsibilities among the various
levels of government). The adoption of the Recommended Requirements by
State regulatory agencies is voluntary. States maintain the
responsibility to establish dairy regulations and continue to have the
option to establish regulations that are different from the Recommended
Requirements. A State may choose to have requirements less restrictive
or more stringent than the Recommended Requirements. Their decision to
have different requirements would not affect the ability of milk
producers to market milk or of procession plants to produce dairy
products in their state. AMS is publishing this notice with a 60-day
comment period to provide a sufficient time for interested persons to
comment on the changes.
Based on the recommended requirements which were published in the
Federal Register issue of April 7, 1972 (37 FR 7046) and amended August
27, 1985 (50 FR 34726), May 6, 1993 (58 FR 86), and September 12, 1996
(61 FR 48120), the changes are summarized as follows:
Sheep Milk Definition
The definition of sheep milk will be to include: Section B2(l)(3)--
Sheep milk is the lacteal secretion practically free
[[Page 48516]]
from colostrums obtained by the complete milking of one or more healthy
ewes. Sheep milk shall be produced according to the sanitary standards
of this ordinance.
Water Buffalo Milk Definition
The definition of water buffalo milk will be to include: Section
B2(l)(4)--Water buffalo milk is the normal lacteal secretion
practically free of colostrums, obtained by the complete milking of one
or more healthy water buffalo. Water buffalo milk shall be produced
according to the sanitary standards of this ordinance.
Lactating Animals Definition
The definition of lactating animals will be to include: Section
B2(l)(5)--Lactating animals are cows, goats, sheep, and water buffalo
producing milk for manufacturing purposes.
Milk Term
The term ``milk'' will be to include: Section B2(l)(6)--The word
``milk'' used herein includes only milk, goat's milk, sheep's milk, and
water buffalo milk for manufacturing purposes.
Somatic Cell Count
The requirements for sheep milk somatic cell count will be to
include: Section C11 (e), (e)2, and (f)--750,000 per ml for sheep milk.
Farm Requirements
The requirements for abnormal sheep milk will be to include:
Section D1(d)--Abnormal milk is milk which is ropy, stringy, clotted,
thick, or abnormal in any way. It includes milk containing pesticides,
insecticides, or medicinal agents. Regular equipment may be used but
not until all other animals are milked.
Milking Facility and Housing
The requirements for a sheep milking facility will include: Section
D2(b)--Floors for a sheep milking facility shall be constructed of
concrete or equally impervious material maintained free of breaks or
depressions. They must be sloped to drain properly. Joints between
floor and wall shall be water tight.
Ramps and platforms used to elevate the sheep for milking must be
constructed of an impervious material such as steel (wooden platforms
and ramps are not allowed). Rubber cow mats may be used as long as they
are not placed over a wooden platform. Sheep are generally housed in a
loose housing building near the milking parlor. This area should be
kept reasonably clean. No excessive accumulation of manure is allowed.
Complete separation between the sheep housing area and the sheep
milking parlor is required if sheep milker units are stored in the
parlor. Hogs and fowl shall not be housed with sheep.
Milking Procedure
The requirements for sheep milking procedure will include: Section
D3(d)--Milking equipment used for handling abnormal milk must be washed
and sanitized after such use. Section D3 (e)--Abnormal milk must not be
squirted on the floor, on the platform, or in the producer's hand.
Producers should also wash their hands after handling such equipment
and handling the teats and udders of animals producing abnormal milk.
Cooling and Storage
The requirements for cooling sheep milk will include:
A. Milk in plastic bags shall be cooled to 40 [deg]F or lower
within two hours of milking. Sheep milk shall be cooled to 45 degrees
Fahrenheit or less within two (2) hours of milking. Cooling water used
in bulk tanks in which bags of sheep milk are cooled shall be
chlorinated. If milk is cooled by pouring into plastic bags and then
floating the bags of milk in cooling water, the process must preclude
contamination of the milk by the water. All water must be safe and of
sanitary quality in accordance to Section D7.
B. Bags used to store frozen sheep milk shall be constructed of
plastic that is listed under the NCIMS Certified Manufacturers of
Single-Service Containers and Related Products.
C. Bags may be up to 5 gallons in size.
Each bag shall be numbered, dated, and identified with a patron
name or number.
D. Frozen sheep milk should remain frozen at 0[deg]F or less for a
period not to exceed 12 months.
Milkhouse or Milkroom
The requirements will include: Sec. D5(a)(i)--A milkhouse must be
provided for storage and cooling of milk and proper cleaning and
storage of equipment. The milkhouse area is the area that needs to be
modified to meet the peculiar needs of sheep milking operations. The
following requirements apply to a milkhouse whether or not a bulk tank
is used: milk may not be placed directly in the freezer prior to
cooling.
Natural and/or artificial light shall be provided in all working
areas for conducting milkhouse operations. At least 20 foot candles of
artificial light are required in a milking parlor. Parlors must be
properly ventilated in order to prevent excessive condensation and
odors. Light fixtures shall not be installed directly above bulk milk
tanks, areas where milk may be strained, or areas where equipment is
stored.
Sec. D5(b)(i)--A double compartment wash sink with hot and cold
running water plumbed to the sink is required. Each compartment must be
large enough to accommodate the largest piece of equipment. Hot water
heaters or hot water supply systems for use in the milkhouse or milk
room shall have a capacity of at least 30 gallons for the manual
washing of equipment. Clean in place washing of pipelines, units, and
bulk tanks requires the capacity of 75 gallons. Water under pressure
must be piped into the milkhouse to perform cleaning of the equipment.
Walls and ceilings must be reasonably smooth and be painted or
whitewashed or have other acceptable finish; it shall be kept in good
repair and surfaces shall be finished whenever wear or discoloration is
evident. Ceilings must be dust tight. Hay or straw chutes must have
dust-tight doors that must be kept closed during milking.
Utensils and Equipment
Requirements will include: Sec. D6 (a)(i)--Milk contact surfaces
shall be made of stainless steel of the 300 series, equally corrosion-
resistant non-toxic metals or heat-resistant glass. Plastic or rubber-
like material must be relatively inert and resistant to scoring,
chipping, or decomposition, and it must be non-toxic and not impair
flavor or odor to the product. All milk contact material must be easily
cleaned and must be cleaned after each use. Sanitizers must be an
approved type with full label directions. Syringes and bolus guns shall
be stored in a manner to preclude any contamination of milk or milk
contact surfaces.
All containers and utensils must be free from breaks and corrosion,
and points must be free from pits or cracks. Bulk tank and freezer
thermometers should be accurate within 2 degrees
Fahrenheit.
All milk containers and equipment, including milking machine vacuum
hoses, must be stored in the milkhouse. Milking equipment must be
stored to assure complete drainage. Filters and single-service plastic
bags shall be stored in the original container inside a protective box.
Bags for milk storage must be stored in a manner which protects them
from contamination. It is recommended they be stored in an enclosed
cabinet.
Commingled Milk
Requirements will include:
[[Page 48517]]
Sec. E1.8 Raw product storage
A. All milk shall be held and processed under conditions and at
temperatures that will avoid contamination and rapid deterioration.
Drip milk from can washers or any other source shall not be used for
the manufacture of dairy products. Bulk milk in storage tanks within
the dairy plant shall be handled in such a manner as to minimize
bacterial increase and shall be maintained at 45 degrees Fahrenheit or
lower until processing begins. This does not preclude holding milk at
higher temperatures for a period of time, where applicable to
particular manufacturing or processing practices.
B. The bacterial estimate of commingled milk in plant storage tanks
shall be 1 million per milliliter or lower.
C. During any consecutive six months, at least four samples of
commingled raw milk for processing shall be taken by the regulatory
agency from each plant.
D. A laboratory test of these samples to determine the bacterial
estimate shall be performed at a laboratory approved by the regulatory
agency.
E. Whenever a bacterial estimate of commingled milk in a plant
indicates the presence of more than 1 million per milliliter, the
following procedures shall be applied:
1. The regulatory agency shall notify plant management with a
warning of excessive bacterial estimate and recommend that appropriate
action be taken to eliminate the bacterial problem.
2. Whenever two of the last four consecutive commingled milk
bacterial estimates exceed 1 million per milliliter, the regulatory
agency shall notify plant management with a written warning notice. The
notice shall be in effect so long as two of the last four consecutive
samples exceed 1 million per milliliter. Plant management should
continue to work to eliminate the bacterial problem.
3. An additional sample shall be taken by the regulatory agency
after a lapse of 3 days but within 21 days of the notice required in
paragraph (e)(1) of this section. If this sample also exceeds 1 million
per milliliter, the plant license shall be suspended. A temporary
status may be assigned to the plant by the appropriate regulatory
agency when an additional sample of commingled milk is tested and found
satisfactory. The plant shall be assigned a full reinstatement status
when three out of four consecutive commingled bacterial estimates do
not exceed 1 million per milliliter. The samples shall be taken at a
rate of not more than two per week on separate days within a 3-week
period.
Heat-Treated Cream Definition
The definition of heat-treated cream will be added to include: E
1.9(i) Heat-treated cream--Heat-treated cream is cream in which the
product may be heated to less than 160 degrees Fahrenheit in a
continuing heating process and immediately cooled to 45 degrees
Fahrenheit or less for a functional reason.
(Authority: 7 U.S.C. 1621-1627)
Dated: August 15, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-16376 Filed 8-17-05; 8:45 am]
BILLING CODE 3410-02-P