Ga. Comp. R. & Regs. R. 40-2-5-.02 - Appendix G
Chemical and Bacteriological tests. In addition to Appendix G of the Grade A Pasteurized Milk Ordinance, the following shall apply in the State of Georgia:
(a) Sampling and
Testing Milk and Cream. All persons, firms, or corporations purchasing milk or
dairy products on a basis which includes the use of milkfat tests as the
determining factor of the price shall use one of the following methods:
1. A representative sample of each producer's
milk shall be taken at least every other day and tested for milkfat daily.
Minimum amount of samples shall be 3 fluid ounces.
2. The average of these tests shall be used
as the percentage of milkfat in the milk delivered for each pay period. Minimum
amount of samples shall be 3 fluid ounces.
3. A representative sample of each producer's
milk shall be taken and held as a composite sample (with addition of approved
preservatives) and this composite sample tested for milkfat not less than four
or more than eight day intervals. The average of these composite tests shall be
used as the percentage of milkfat for the milk delivered in each pay period.
Minimum amount of samples shall be 3 fluid ounces.
4. A representative milkfat sample is a
portion of milk taken from one or more complete days production from a given
dairy after all the milk has been thoroughly mixed. Samples that are to be
tested to determine the price paid for milk shall be in the care of a person
licensed and bonded by the Commissioner of Agriculture and/or under lock and
key, properly refrigerated. Composite samples of milkfat shall be tested within
48 hours after sampling has been completed. Composite samples shall be held by
the plants for 48 hours after reporting milkfat test to producer.
5. As the Federal Milk Market order system is
used in Georgia, the Market Administrator's office shall have the
responsibility of determining correct milkfat on milk and the prices paid to
producers. The guidelines set by Federal Law under the Milk Market
Administrator's office shall be used in lieu of sections a, 1-4.
(b) Reporting Milkfat Tests to
Producers. All milk plants processing Grade A milk shall furnish to each
producer weekly a certification of the milkfat tests on the producer's milk,
giving dates on which the samples were taken in determining the milkfat
content. Distributors or milk processing plant, paying a producer semimonthly,
are hereby required to pay the producers of Grade A milk on an average milkfat
test of not less than six (6) samples tested in a fifteen day period.
(c) Methods of Testing. The Babcock Method
shall be employed as required by law and approved by the Georgia Department of
Agriculture or other acceptable methods in the "AOAC PUBLICATION OF STANDARD
METHODS FOR TESTING DAIRY PRODUCTS".
(d) Milkfat Deficiency Penalties.
1. Upon a determination of a violation of the
milkfat testing laws, and the milkfat content of milk products, and with the
consent of the affected purchaser, restitution to the producer of the
difference between the amount due on the basis of the official milkfat test and
the amount actually paid on the milkfat test found to be in violation, may be
considered by the Commissioner in determining the punishment, if any, to be
imposed upon the violator.
2. Where
producers are paid for milk or milk products, where milkfat content is a factor
in determining the price paid, the failure to pay for the actual milkfat
content may be penalized on the following basis:
(i) where the milkfat sample upon which
payment is made is more than one (1) point below the official State test, the
official state test will be applied and payment made on the basis of the
official State test; and,
(ii)
where more than 50% (1/2) of the milkfat tests upon which payment is made are
found to be below the official state average test, the official state average
test will be applied and payment made on the basis of the official state
average test.
3. If,
upon test, it is found that a finished milk product is two (2) or more points
below the milkfat minimum, a penalty equal to fourteen cents (.14ยข) per
hundred weight on one days volume of the processor for the affected product may
be imposed for the first offense. In each subsequent offense during any twelve
month's period the penalty may be based upon twice the current market value of
Minnesota, Wisconsin price per hundred weight on one week's volume of the
affected product. In addition to the above, inspection fees may be
imposed.
4. Milkfats on Finished
Products. Enforcement standards for milkfats on finished products shall be
those as set forth in the Code of Federal Regulations.
(i) whenever the standard is violated by 3
out of the last 5 consecutive tests, the processor shall be notified in
writing. Another sample shall be collected within 21 days from the date of the
letter and should such product still remain in violation it will be suspended
from sale.
(ii) suspension shall
remain in effect until such time as the regulatory agency tests show the
product to be in compliance.
(iii)
a violation shall be defined as greater than (.2) variation plus or minus on
any product with a stated milkfat of 1.0% or higher. Products with less than
1.0% milkfat stated on the container must meet the milkfat standards within
Good Manufacturing Practices. There shall be no averages or shortages in
milkfat on these lower percentage milkfats.
5. Solids not fat standards and enforcement
procedures.
(i) Standards for solids not fat
shall be those set referenced in the Code of Federal Regulations, Title
21.
(ii) Whenever the standard is
not met on any milk product this shall be a violation. Whenever 3 of the last 5
tests for solids nonfat do not meet or exceed the standard on any milk or milk
product, the holder of the license to manufacture this product will be notified
in writing. Should the standard continue to be violated the product shall be
suspended from the market until such time as the regulatory agency tests show
the standard is being met.
6. Weight Standards (volume) as Determined by
USDA Market Administrator's Office and Enforcement Procedures.
(i) Whenever regulatory tests show that the
weight standard established by this Department for any milk or milk products is
violated by 3 of the last 5 tests, the holder of the license to manufacture
such product shall be sent written notice. Enforcement will be in accordance
with NIST HANDBOOK 133.
7. Added Water in Milk. No producer or milk
processor shall offer for sale milk or milk products which contains more than
3.7% added water (-.525 freeze point by standard methods Cryoscope
determination or equivalent), with the exception of (i) below.
(i) When a herd test average, determined by
the regulatory agency is more than 3.7% such producer shall not be in violation
of the standard. Milk not meeting the standard shall be removed from the Grade
A market.
8. Drug
Residues other Adulterants and the Disposal of Contaminated Milk Products. Any
milk or milk product which shows the illegal presence of drug residues, other
adulterants and inhibitors shall be condemned immediately and disposed of in a
manner approved by the Georgia Department of Agriculture.
Notes
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