Ala. Admin. Code r. 420-3-16-AB
Milk sampling, hauling, and transport are integral parts of a modern dairy industry. Hauling, sampling, and transport can be categorized into three (3) separate functions: Dairy or industry plant samplers, bulk milk hauling and sampling, and milk transport from one (1) milk-handing facility to another.
I. MILK SAMPLING AND HAULING PROCEDURES
4. Four (4) questions relating to proper record keeping requirements.
Regularly scheduled refresher short courses by the regulatory agents and officials administering weights and measures would assist in maintaining and increasing the efficiency of the bulk milk hauler or sampler. Appropriate training should also be provided to industry plant samplers with regularly scheduled refresher short courses.
QUALIFICATIONS:
The dairy plant sampler is a person responsible for the collection of official samples for regulatory purposes outlined in 420-3-16-.07. These persons are employees of the Health Officer and are evaluated at least once each two (2) year period by an SSO or a properly delegated Sampling Surveillance Regulatory Official (dSSO). These individuals are evaluated using ADPH-FML-248A (Alabama Department of Public Health Bulk Milk Hauler Report and Sampler Evaluation Form), which is derived from the most current edition of Standard Methods for the Examination of Dairy Products SMEDP (refer to Appendix M).
Note: For the purposes of determining the inspection frequency for bulk milk hauler/samplers, industry plant samplers, and dairy plant samplers, the interval shall include the designated twenty-four (24) month period plus the remaining days of the month in which the inspection is due.
The bulk milk hauler or sampler is any person who collects official samples and may transport raw milk from a farm and/or raw milk products to or from a milk plant, receiving station, or transfer station and has in their possession a permit from any regulatory agency to sample such products. The bulk milk hauler or sampler occupies a unique position making this individual a critical factor in the current structure of milk marketing. As a weigher and sampler, they stand as the official, and frequently the only judge of milk volumes bought and sold. As a milk receiver, the operating habits directly affect the quality and safety of milk committed to their care. When the obligations include the collection and delivery of samples for laboratory analysis, the bulk milk hauler/sampler becomes a vital part of the quality control and regulatory programs affecting producer dairies. Section .04 of this rule requires that Health Officers establish criteria for issuing permits to bulk milk haulers or samplers. These individuals are evaluated at least once each two (2) year period using ADPH-FML-284A.
The industry plant sampler or bulk milk hauler or sampler is a person responsible for the collection of official samples for regulatory purposes at a milk plant, receiving station, or transfer station as outlined in Appendix N. These industry plant samplers are employees of the dairy plant, receiving station, or transfer station and are evaluated at least once each two (2) year period by an SSO or a dSSO. These industry plant samplers are evaluated using ADPH-FML-284A.
The milk tank truck driver is any person who transports raw or pasteurized milk or milk products to or from a milk plant, receiving station, or transfer station. Any transportation of a direct farm pickup requires the milk tank truck driver to have responsibility for accompanying official samples. The criteria for permitting these individuals should embrace at least the following:
TRAINING - To understand the importance of bulk milk collection and the techniques of sampling, including the use of an approved in-line sampler and approved aseptic samplers for milk tank trucks or for farm bulk milk tanks and/or silos, all bulk milk haulers or samplers and industry plant samplers shall be told why, and instructed how, in the proper procedures of picking up milk and the collection of samples. The Health Officer, dairy field person, route supervisors, or any appropriate person whose techniques and practices are known to meet the requirements can conduct this training. If the Health Officer does not conduct the training, the training shall be approved by or conducted under the supervision of the Health Officer. Training also frequently takes the form of classroom sessions in which the trainer describes pickup practices, demonstrates sampling and care of samples, and affords the candidate the opportunity for guided practice in these techniques. Basic considerations of sanitation and personal cleanliness, which are important to the protection of milk quality, are discussed here. Officials administering weights and measures may participate in these programs and provide instruction in the measuring of milk and the keeping of required records.
An examination, approved by the Health Officer shall be administered at the conclusion of this program. Candidates failing the exam, a score of less than 70 percent, shall be denied permits or licenses until indicated deficiencies are corrected. The examination should be adequate enough to determine if a bulk milk hauler or sampler is competent. The exam shall be composed of a minimum of twenty (20) total questions broken down into the following areas:
2. Personal References - Permit applications should be supported by suitable references testifying to the character and integrity of the candidate.
2. Equipment Requirements
3. Milk Quality Checks
4. Milk Measurements
5. Universal Sampling System - When bulk milk haulers or samplers collect raw milk samples, the “universal sampling system” shall be employed, whereby samples are collected every time milk is picked up at the farm. This system permits the Health Officer, at its discretion, at any given time and without notification to the industry, to analyze samples collected by the bulk milk hauler/sampler. The use of the “universal sample” puts more validity and faith in samples collected by industry personnel. The following are sampling procedures:
6. Pump-Out Procedures
7. Sampling Responsibilities
(d) Adequate insulation of the sample container box or ice chest shall be provided to maintain the proper temperature of the samples throughout the year.
The SSO conducts periodic evaluations of sampling procedures. This program will promote uniformity and compliance of sample collection procedures.
EVALUATION OF BULK MILK HAULER OR SAMPLER PROCEDURES
The routine inspection of bulk milk hauling or sampling procedures provides the Health Officer with an opportunity to check both the condition of the bulk milk hauler’s or sampler’s equipment and the degree of conformance with required practices.
The bulk milk hauler’s or sampler’s technique is best determined when the regulatory agent is able to observe the bulk milk hauler or sampler at one (1) or more farms. Each bulk milk hauler or sampler shall be inspected by the Health Officer prior to the issuance of a permit and at least once every twenty-four (24) months thereafter as referenced in 420-3-16-.06. The bulk milk hauler or sampler shall hold a valid permit prior to the collection of official samples. Health Officers may use inspections from any regulatory agency as a means of maintaining record requirements and enforcement.
Note: The option to utilize inspections of bulk haulers or samplers conducted by other regulatory agencies, as cited above, shall not be applicable to a third party certifier (TPC) authorized under the ICP.
The procedures for sampling and the care of samples should be in compliance with the current edition of SMEDP.
Specific items to be evaluated in determining compliance include:
II. REQUIREMENTS FOR USING AN APPROVED IN-LINE SAMPLER
A protocol specific to each milk producer who direct loads milk tank trucks (through by-passing the use of farm bulk milk tanks or silos) while utilizing an approved in-line sampler shall be developed by the Health Officer in cooperation with the sampling equipment manufacturer, the milk buyer, the milk producer, and the FDA. As a minimum, the protocol should include the following:
III. REQUIREMENTS FOR USING AN APPROVED ASEPTIC SAMPLER FOR MILK TANK TRUCKS
1. A description of how the milk sample is to be collected, identified, handled, and stored.
A protocol specific to each milk plant in which industry plant samplers utilize an approved aseptic sampler shall be developed by the Health Officer in cooperation with the sampling equipment manufacturer, the milk plant, and the FDA. As a minimum, the protocol should include the following:
IV. REQUIREMENTS FOR USING AN APPROVED ASEPTIC SAMPLER FOR FARM BULK MILK TANKS AND/OR SILOS
1. A description of how the milk sample is to be collected, identified, handled, and stored.
A protocol specific to each milk producer in which the milk producer, who transports milk only from his/her own dairy farm, or bulk milk haulers or samplers utilize an approved aseptic sampler shall be developed by the Health Officer in cooperation with the sampling equipment manufacturer, the milk producer and the FDA. As a minimum, the protocol should include the following:
V. REQUIREMENTS FOR THE SAMPLING OF RAW SHEEP MILK THAT HAS BEEN FROZEN PRIOR TO BEING TESTED FOR APPENDIX N DRUG RESIDUE
7. Copies of the approved sampling protocol shall be on file with the Health Officer and shall be available at the dairy farm, receiving milk plant, and the laboratory performing the testing. If a copy of the sampling protocol is not available at the dairy farm, receiving milk plant, or laboratory performing the testing, a copy shall be made available within twenty-four (24) hours of being requested by the Health Officer.
Note: If the sampling protocol has not been approved by the Health Officer; is not being followed; the sampling protocol has been modified without the Health Officer’s approval; or the dairy farm, receiving milk plant or laboratory performing the testing does not obtain a copy within twenty-four (24) hours of being requested by the Health Officer, it shall be considered an Appendix N violation for the dairy farm and/or receiving milk plant.
Raw sheep milk samples that have previously been frozen may be tested for Appendix N drug residue provided that the sampling protocol shall be approved by the Health Officer in which the dairy farm is located. The sampling protocol shall address the following items:
VI. MILK TANK TRUCK PERMITTING AND INSPECTION
1. Samples and sampling equipment (when provided).
2. Product Temperature 7°C (45°F) or Less
3. Equipment Construction, Cleaning, Sanitizing, and Repair: Items a. through l. on ADPH-FML-248B shall be evaluated according to the following criteria:
(a) Construction and Repair Requirements.
(b) Cleaning and Sanitizing Requirements
(a) The bulk milk hauler or sampler shall be responsible for assuring that the milk tank truck has been properly cleaned and sanitized at a permitted milk plant, receiving station, transfer station, or milk tank truck cleaning facility. A milk tank truck without proper cleaning and sanitizing documentation shall not be loaded or unloaded until the proper cleaning and sanitization can be verified.
Note: The option to use non-IMS listed milk tank truck cleaning facilities, as cited in a. above, shall not be applicable to a TPC authorized under the ICP.
(c) The following information shall be recorded on the cleaning and sanitization tag:
6. Location of Last Cleaning and Sanitizing
The location of the last cleaning and sanitizing shall be verified by the Health Officer during any milk tank truck inspection and recorded on the ADPH-FML-248B.
7. Labeling - The maintenance of all pertinent information on all shipping documents, shipping invoices, bills of lading, or weight tickets is the responsibility of the bulk milk hauler/sampler. A milk tank truck transporting raw, heat-treated, or pasteurized milk, and milk products to a milk plant from another milk plant, receiving station, or transfer station is required to be marked with the name and address of the milk plant or hauler and the milk tank truck shall be under a proper seal. All shipping documents shall contain the following information as outlined in 420-3-16-.05:
(l) Grade of product.
All information contained on the above described documents shall be verified by the regulatory agency and recorded on the appropriate inspection sheet for any bulk milk tank trucks under inspection.
Milk tank trucks shall be evaluated annually using the requirements established in 420-3-16-.04 and 420-3-16-.06 using the ADPH-FML-248B.
PERMITTING - Each milk tank truck shall bear a permit for the purpose of transporting milk and/or milk products (refer to 420-3-16-.04). The permit shall be issued to the owner of each milk tank truck by an authorized regulatory agency. The permit identification and regulatory agency issuing the permit shall be displayed on the milk tank truck. It is recommended that this permit be renewed each year pending satisfactory completion of an inspection as outlined in the following Inspection Section.
RECIPROCITY - Each permit shall be recognized by other regulatory agencies under the reciprocal agreements of the NCIMS and supporting documents of this rule. A milk tank truck need only bear one (1) permit from an appropriate Regulatory agency. A milk tank truck may be inspected at any time when deemed appropriate by the Health Officer. Absent proof of a current permit and current inspection, when the milk tank truck is inspected by a Regulatory agency other than the permitting agency, an inspection fee may be charged to the owner of the milk tank truck. This is necessary to allow a milk tank truck to pickup and deliver in several jurisdictions without the need for more than one (1) permit. A Health Officer may have the option of inspecting any milk tank truck at any time when milk and milk products are transported in or out of a particular jurisdiction. It is the responsibility of the milk tank truck owner or operator to maintain a current proof of inspection to avoid a re-inspection fee. Disputes concerning reciprocal agreements on milk tank truck inspection between regulatory agencies may be tendered to the Chair of the NCIMS or the Chair’s designee for resolution.
INSPECTION - Each milk tank truck shall be inspected at least once each year by a regulatory agency (refer to 420-3-16-.06). A copy of the current inspection report shall accompany the milk tank truck at all times, or the tank shall bear an affixed label, which identifies the regulatory agency with the month and year of inspection. The affixed label shall be located near the tank outlet valve or on the front left side of the milk tank truck bulkhead. When significant defects or violations are encountered by a regulatory agency, a copy of the report shall be forwarded to the permitting regulatory agency and also carried on the milk tank truck until the violations are corrected.
Milk tank truck inspections shall be conducted in a suitable location, i.e., a dairy plant, receiving, or transfer station or milk tank truck cleaning facility. Inspections may not require entry of confined spaces as defined by the Occupational Safety and Health Administration (OSHA) standards. When significant cleaning, construction, or repair defects are noted, the milk tank truck shall be removed from service until proper confined entry safety requirements can be satisfied to determine cleaning or repairs needed. Cleaning or repairs may be verified by a qualified individual to the satisfaction of the Health Officer.
Inspection reports completed by regulatory agencies other than the permitting agency shall be forwarded to the permitting agency for verification of inspection as required in the Permitting Section of this appendix. The permitting agency may use these reports to satisfy permit requirements.
MILK TANK TRUCK STANDARDS - All items of ADPH-FML248B fall into the categories of “Compliance,” “Non-Compliance,” or “Not Applicable” as determined during the inspection.
The following Items relate to ADPH-FML-248B:
Author: G. M. Gallaspy, Jr.
Statutory Authority: Code of Ala. 1975, §§22-2-2, 22-20-7.
History: Repealed and New Rule: Filed October 18, 2018; effective December 2, 2018.