(3) Sediment content classification - Milk shall be classified for sediment content, regardless of the results of the appearance and odor examination described in Section (2) as follows: The

1. (a) Method of testing - Methods for determining the sediment content of the milk of individual producers shall be those described in the latest edition of Standard Methods for the Examination of Dairy Products. Sediment content shall be based on comparison with applicable charts of the United States Sediment Standards for Milk and Milk Products, 7 CFR Part 58, Subpart T, §§ 58.2728 through 58.2732.

2. (b) Frequency of tests - At least once each month, at irregular intervals, the milk from each producer shall be tested as follows:

   1. 1. Milk in cans - One or more cans of milk selected at random from each producer.
   2. 2. Milk in farm bulk tanks, - A sample shall be taken from each farm bulk tank.
3. (c) Acceptance or rejection of milk if the sediment disc is classified as No. 1 , No. 2 or No. 3, the producer's milk may be accepted. If the sediment disc is classified No. 4 the milk shall be rejected: Provided, that if the shipment of milk is commingled with other milk in a transport tank the next shipment shall not be accepted until its quality has been determined at the farm before being picked up; however, if the person making the test is unable to get to the farm before the next shipment it may be accepted but no further shipments shall be accepted unless the milk meets the requirements of No. 3 or better. In the case of milk classified as No. 3 or No. 4, if in cans, all cans shall be tested. Producers of No. 3 or No. 4 milk (cans or bulk) shall be notified immediately and shall be furnished applicable sediment discs and the next shipment shall be tested.
4. (d) Retests - On test of the next shipment (if in cans, all cans shall be tested) milk classified as No. 1, No. 2, or No. 3, may be accepted but No. 4 milk shall be rejected. Retests of bulk milk classified as No. 4 shall be made at the farm before pickup. The producers of No. 3 or No. 4 milk shall be notified immediately, furnished applicable sediment discs and the next shipment tested. This procedure of retesting successive shipments and accepting probational (No. 3) milk and rejecting No. 4 milk may be continued for not to exceed 10 calendar days. If at the end of this time all of the producer's milk does not meet the acceptable sediment content classification (No. 1 or No. 2) it shall be excluded from market.

USDA Sediment Standard

No. 1 (acceptable) - not to exceed 0.50 mg. or equivalent.

No. 2 (acceptable) - not to exceed 1.50 mg. or equivalent.

No. 3 (probational, not over 10 days) - not to exceed 2.50 mg. or equivalent.

No. 4 (reject) - over 2.50 mg. or equivalent.

(4) Bacterial estimate classification - Milk shall be classified for bacterial estimate by one of the following methods:

1. (a) Method of testing - Methods for determining the bacterial estimate of milk shall be those described in the latest edition of Standard Methods for the Examination of Dairy Products.
2. (b) Frequency of tests - At least once a month at irregular intervals, a mixed sample of each producer's milk shall be tested.
3. (c) Acceptance of milk - If the sample of milk is classified as No. 1 or No. 2, the producer's milk may be accepted without qualification. If the sample is classified as "Undergrade" (probational), the producer's milk may be accepted for a temporary period of 4 weeks. The producer of "Undergrade" milk shall be notified immediately.
4. (d) Retests - Additional samples shall be tested and classified at least weekly and the producer notified immediately of the results. This procedure of testing at least weekly and accepting "Undergrade" milk may be continued for a time period not exceeding 4 weeks. If at the end of this time the producer's milk does not meet the acceptable bacterial estimate requirements (No. 1 or No. 2), it shall be excluded from market.

-------------------------------------------------------------- Bacterial Estimate Direct Microscopic Count, Standard Classification Plate Count or Plate Loop Count
-------------------------------------------------------------- No. 1 ---------------- Not over 500,000 per ml.

No. 2 ---------------- Not over 1,000,000 per ml.

Undergrade ----------- Over 1,000,000 per ml.
--------------------------------------------------------------

(7) Excluded milk - A plant shall not accept milk from a producer for use in products:

1. (a) If a new producer's milk does not meet the requirements for acceptable milk (Section .03(a) and .03(4)); or
2. (b) If the milk has been in a probational (No. 3) sediment content classification for more than 10 calendar days Section .03(3); or
3. (c) If the milk has been classified "Undergrade" for bacterial estimate for more than 4 successive weeks Section .03(4).

(8) Quality testing of milk from producers.

1. (a) New producers, an examination shall be made on the first shipment of milk from producers shipping milk to a plant for the first time or after a period of nonshipment. The milk shall meet the requirements for "acceptable milk" (Section .03(3) and .03(4)). Thereafter, the milk shall be tested in accordance with the procedure established for regular shippers.

2. (b) Transfer producers.

   1. 1. When a producer discontinues milk delivery at one plant and begins delivery to a different plant for any reason, the new buyer shall not accept the first delivery until he has requested from the previous buyer or the Health Department and received a copy of the record of the producer's milk quality covering the preceding 90 days and a statement of the farm certification status and date of certification, if any. The previous buyer shall furnish the new buyer with such information within 24 hours after receipt of a written request unless the records have been destroyed by means over which he has no control: Provided, that the new buyer may accept a producer's milk after making the request for the record by telephone and obtaining assurance from the previous buyer that the producer's milk may be accepted; the new buyer shall then make a written request to the old buyer for the producer's record.
   2. 2. If the new buyer requests and fails to receive the quality record from the previous buyer, he shall report such fact to the Health Department and shall cause a farm inspection to be made promptly to confirm or establish certification of the transfer producer's farm.
   3. 3. In lieu of the quality record from the previous buyer the producer may furnish the new buyer with a copy of the milk quality tests received with each remittance, monthly or semimonthly, for the preceding 90-day period.
   4. 4. The new buyer shall examine and classify each transfer producer's first shipment of milk and shall subsequently examine shipments in accordance with the provisions of Sections .03(3) and .03(4).
   5. (5) The status of any Grade A producer whose permit has been suspended must be cleared by the manufacturing Milk Company with the Health Department before the milk can be accepted.
   6. 6. Grade A surplus milk must be tested and/or screened by the Manufacturing Milk Company upon arrival to assure themselves and the Health Department that the milk is in compliance with the manufacturing milk standards.
   7. 7. Any Grade A producer shipping milk to a manufacturing Milk Company for a period in excess of 10 days will be considered a new producer and must be handled as such under the Manufacturing Milk Regulations.

(11) Abnormal milk.

1. (a) Mastitic milk.

   1. 1. A laboratory examination for the presence of somatic cells shall be made on all patrons' milk at least 4 times in each 6-month period at irregular intervals. Samples shall be analyzed at an official laboratory or at a laboratory approved by the Health Department.

   2. 2. A confirmatory test for somatic cells shall be done when a herd sample exceeds any of the following screening test results:

      1. (i) California Mastitis Test - Weak Positive (CMT1+).
      2. (ii) Wisconsin Mastitis Test - WMT value of 19 mm.

   3. 3. The conformatory test for somatic cells shall be performed by using one of the following procedures:

      1. (i) Direct Microscopic Somatic Cell Count (Single Strip Procedure). Pyronin Y-methyl green stain shall be used for goat milk.
      2. (ii) Electronic Somatic Cell Count.
      3. (iii) Optical Somatic Cell Count.
   4. 4. The results of the confirmatory test for somatic cells shall be the official result.

   5. 5. Whenever the confirmatory somatic cell count indicates the presence of more than 1,000,000 somatic cells per ml., the following procedures shall be applied:

      1. (i) The producer shall be notified with a warning of the excessive somatic cell count.
      2. (ii) Whenever two of the last four consecutive somatic cell counts exceed 1,000,000 per ml., a written notice shall be given to the producer. This notice shall be in effect so long as two of the last four consecutive samples exceed 1,000,000 per ml.
   6. 6. An additional sample shall be taken after a lapse of 3 days but within 21 days of the notice required in paragraph (a)(5)(ii) of this section. If this sample also indicates a high somatic cell count, the patron's milk shall be rejected until satisfactory compliance is obtained. A temporary permit may be approved by the Health Officer whenever an additional sample of herd milk is tested and found satisfactory. The producer shall be fully reinstated when three out of four consecutive tests have counts of 1,000,000 or less somatic cells per ml. The samples shall be taken at a rate of not more than two per week on separate days within a 3-week period.
2. (b) Antibiotics - At least four times in 6 months, at irregular intervals, a separate or commingled sample of each producer's milk shall be tested for antibiotic residues. When a producer's milk shows a positive test he shall be immediately cut off from all markets. He shall not be reinstated until a subsequent test of the producer's milk is negative.
3. (c) Radionuclides - Composite milk samples should be tested for biologically significant radionuclides from selected areas in each state at a frequency which the Health Department determines to be adequate to protect the consumer.
4. (d) Pesticides and herbicides - Composite milk samples should be tested for pesticides and herbicides at a frequency which the Health Department determines to be adequate to protect the consumer. The samples shall not exceed established Food and Drug Administration limits.
5. (e) Added Water - Individual producer milk samples should be tested for added water from each producer at a frequency which the Health Department determines to be adequate to protect against the addition of water to the milk supply.