007.04.00 Ark. Code R. § 003 - Rules and Regulations Pertaining to Grade "A" Milk and Milk Products

Current through Register Vol. 2022, No. 3, March, 2022

PART I. AUTHORITY.

The following Rules and Regulations for Grade "A" Milk and Milk Products are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the authority expressly conferred by the laws of the State of Arkansas including without limitation Act 96 of 1913 as amended. (Ark. Code Ann. § 20-7-109 ) and Act 114 of 1941 (Ark. Code Ann. § 20-59-204 ).

PART II. PURPOSE AND STATEMENT OF POLICY.

The State Board of Health hereby finds and declares that uniform regulation is needed to govern the production, processing, labeling, and distribution of Grade "A" milk and milk products within the State of Arkansas. This regulation relating to Grade "A" milk and milk products shall be applicable throughout the State of Arkansas. No sanitary requirement of standard shall be imposed by a local regulation or ordinance which prohibits the sale of Grade "A" milk or milk products in Arkansas which are produced, processed, or distributed in accordance with the provisions of this regulation and which are under routine supervision of the Arkansas Department of Health. No sanitary requirements or standards contained in this regulation shall prohibit the sale of Grade "A" milk or milk products which are produced or processed under laws or ordinances or regulations of any government units outside the State of Arkansas which are substantially equivalent to the requirements of this regulation, and which are enforced with equal effectiveness in the opinion of the Arkansas State Board of Health, and further provided that said governmental units accepts Arkansas Grade "A" milk and milk products on a reciprocal basis.

Except as otherwise provided herein or by law or regulation of the State Board of Health, this regulation shall be interpreted and enforced where applicable in accordance with the administrative procedures contained in the current Grade "A" Pasteurized Milk Ordinance recommendation of the U.S. Public Health Service, a copy of which shall be on file in the office of the Arkansas Milk Program of the Arkansas Department of Health.

PART III. RULES AND REGULATIONS
SECTION 1. DEFINITIONS

The following definitions shall apply in all interpretations and the enforcement of these regulations. In all cases where interpretation or meaning of definition is needed, the current Pasteurized Milk Ordinance of the U.S. Public Health Service shall apply unless specifically interpreted or defined by the Arkansas State Board of Health.

A. Health Officer; The Health Officer shall mean the Director of the Arkansas Department of Health or his/her authorized representative.
B. Regulatory Agency: The regulatory agency shall mean the Director of the Arkansas Department of Health or his/her authorized representative.
SECTION 2. SEVERABILITY.

If any provisions of these Rules and Regulations or the application thereof to any person is held invalid, such invalidity shall not affect other provisions or applications of these Rules and Regulations which can effect the invalid provisions of applications, and to this end the provisions hereto are declared to be severable.

SECTION 3. REPEAL.

All Regulations and parts of Regulations in conflict herewith are hereby repealed.

Notes

007.04.00 Ark. Code R. § 003
11/3/2000

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