Utah Admin. Code R70-330-7 - Raw Milk for Retail Testing

(1) Unpackaged raw milk

(a) The department shall:

(i) collect a representative sample of milk from each raw for retail farm bulk tank once each month;

(ii) deliver each sample to the state dairy testing laboratory; and

(iii) administer tests including those prescribed for raw milk for pasteurization as found in the PMO.

(b) The somatic cell count in unpackaged raw milk for retail may not exceed 400,000 cells per mL for cows, and not exceed 1,500,000 cells per mL for goats.

(2) Packaged raw milk sold on premise

(a) The department shall:

(i) collect a representative sample of packaged raw milk once each month;

(ii) deliver samples to the state dairy testing laboratory or a certified independent laboratory that is included in the list of Interstate Milk Shippers (IMS) maintained by the U.S Food and Drug Administration; and

(iii) ensure testing includes those tests prescribed for grade "A" pasteurized milk as found in the PMO.

(b) A copy of any third-party test results shall be sent to the department.

(3) Packaged raw milk sold at self-owned retail stores

(a) The producer shall:

(i) allow a department certified sampler to collect a sample from each batch of milk;

(ii) submit the sample to the state dairy testing laboratory or a certified independent laboratory that is included in the IMS to be tested for antibiotic drug residue, standard plate count and coliform count; and

(iii) withhold any milk from the sampled batch from sale until the results of the tests are known.

(b) A copy of any third-party test results shall be sent to the department.

(c) If a sample result exceeds the standard in any of the prescribed categories the permittee shall:

(i) not allow the milk to enter commerce;

(ii) recall any milk from the failed batch already in commerce; and

(iii) dispose of the milk in a manner agreeable to the department.

(d) The producer shall keep and make available to both the department and the Utah Department of Health and Human Services a database of any customers, which shall include:

(i) names;

(ii) addresses;

(iii) telephone numbers of customers;

(iv) dates of purchases; and

(v) amounts of milk purchased.

(e) If another agency's epidemiological investigation finds probable cause to implicate a raw for retail dairy in a milk borne illness outbreak, the raw for retail permit may be suspended by the department until a time as milk samples are pathogen free when analyzed by the department or other department approved testing laboratories, and until an inspection can be performed at the facility by a compliance officer from the department.

(4) If three out of five samples fail to meet the standard established in this rule in a 5-month period, the department shall suspend the raw for retail permit.

(a) The suspension shall remain effective until a sample result meets the standard.

(b) A temporary permit shall be issued when the sample result meets the standard.

(c) The permit shall be fully reinstated when three of five samples meet the standard in a five-month period.

(d) Full reinstatement will require an inspection by the department, which cost will be the permittee's responsibility.

(5) If the sample tests are positive for any pathogen, the raw for retail permit shall be immediately suspended. The permit may be reinstated following negative testing for any pathogens associated with the product type, as set forth in Table 1.

(6) The producer is responsible for the cost of any testing and retesting, including applicable shipping fees.

(7) Pursuant to Section 63J-1-504, the department shall establish and collect a fee for the tests this rule requires. The fees shall be retained as dedicated credits and may be used to administer and enforce the Raw Milk for Retail Program.

Notes

Utah Admin. Code R70-330-7

Amended by Utah State Bulletin Number 2015-24, effective 11/23/2015 Amended by Utah State Bulletin Number 2023-16, effective 8/1/2023