105 CMR, § 500.062 - Examination of Milk and Milk Products for Vitamin and Mineral Fortification
(A)
Sampling. Each
pasteurization plant that adds vitamins or minerals to milk or milk products
shall have at least two assays made per year, at approximately six month
intervals. It shall be the responsibility of the pasteurization plant to
provide for the submission and shipment of samples and payment for testing to a
laboratory approved by the Department pursuant to 105 CMR 500.062(C).
(B)
Approved Methods for
Laboratory Testing. Samples for assay shall be analyzed at a
laboratory approved by the Department using methods prescribed by
administrative guidelines of the Department based on the Association of
Official Analytical Chemists' Official Methods of Analysis, or by such
modified methods as may be approved by the Department. Results of all assays
conducted on milk and milk products and Grade A dry milk products for the
purpose of meeting the requirements set forth in 105 CMR 500.062(A) shall be
forwarded to the Department by the laboratory within ten days of obtaining test
results. In addition, results of all assays conducted to determine if
deficiencies in fortification procedures have been corrected shall be forwarded
to the Department by such laboratory within ten days of obtaining test
results.
(C)
Approval
of Milk Laboratories. Any person who desires to have his or her
laboratory approved by the Department as a milk laboratory shall first satisfy
the Department that tests to be made in such laboratory will be conducted by
persons qualified by training and/or experience to make such tests accurately
and that the tests will be conducted in accordance with administrative
guidelines of the Department based on methods prescribed by the
Association of Official Analytical Chemists' Official Methods of
Analysis, or by such modified methods as may be approved by the
Department. Laboratories operated and maintained by those persons who thus
satisfy the Department shall be designated "Approved Laboratories".
(D)
Enforcement.
(1) Whenever vitamin or mineral assay results
indicate that fortification levels are not within the fortification levels
required by 21 CFR §
131.110:
Milk, the pasteurization plant shall investigate its
fortification procedures to determine the cause, and the cause shall be
corrected. Additional samples of milk or milk products shall be taken and shall
be resubmitted by the pasteurization plant to the approved laboratory for
analysis within 30 days of notification of the original assay results. It shall
be the responsibility of the pasteurization plant to provide for the submission
and shipment of samples and payment for testing to the approved laboratory.
Results of these tests shall also be forwarded to the Department by the
laboratory within ten days of obtaining test results.
(2) Whenever the pasteurization plant fails
to comply with requirements set forth in 105 CMR 500.062(D)(1), the Department
may initiate proceedings to suspend or revoke the license.
Notes
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