1. A. A person shall not sell, offer for sale, store, transport, receive, trade or barter, any milk or milk product for commercial feed unless the milk or milk product:

   1. 1. Meets Grade A milk standards as specified in A.A.C. R3-2-802;
   2. 2. Is produced as prescribed in A.A.C. R3-2-805; or

   3. 3. Is decharacterized with food coloring approved under the Federal Food, Drug, and Cosmetic Act, according to 21 CFR §§ 73.1 et seq. (amended November 10, 2022, https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-73) and 21 CFR §§ 74.101 et seq. (amended April 5, 1993, https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-74/subpart-A). This material is incorporated by reference, is on file with the Department and does not include any later amendments or editions, and the decharacterization:

      1. a. Does not affect nutritive value; and
      2. b. Matches the color on the Color Requirement card. Any person decharacterizing milk and milk products may obtain a Color Requirement card from the Arizona Department of Agriculture, at 1010 W. Washington Street, Phoenix, Arizona 85007, or by requesting by mail at 1802 West Jackson Street, #78, Phoenix Arizona 85007.

2. B. Labeling. All milk or milk product commercial feed labels shall be approved by the Associate Director before use.

   1. 1. The principal display panel of a decharacterized milk or milk product commercial feed container shall prominently state “WARNING - NOT FOR HUMAN CONSUMPTION” in capital letters. The letters shall be at least 1/4 inch on containers of 8 oz. or less and at least 1/2 inch on all other containers.
   2. 2. The container label shall also bear the statement “This product has not been pasteurized and may contain harmful bacteria” in letters at least 1/8 inch in height.
3. C. Milk or milk products intended for commercial feed shall not be displayed, sold, or stored at premises where food is sold or prepared for human consumption, unless it meets Grade A standards or is decharacterized and properly labeled as required in subsection (B).

Historical Note

Former rule IV; Former Section R3-3-44 repealed, former Section R3-3-43 renumbered and amended as Section R3-3-44 effective January 12, 1978 (Supp. 78-1). Amended effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-904 renumbered from R3-3-44 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89 (January 19, 2024), effective March 4, 2024 (Supp. 24-1).