1. (a) When analyses of finished fluid milk products are made by mid-infrared instrumentation, the Department shall, before any action for failure to comply with the standards of composition established by sections 35784, 38181, 38191 and 38211 of the Food and Agricultural Code, have analyses confirmed by the methods listed in this section. The AOAC Official Method numbers indicated below refer to methods outlined in the 18^th Edition of the Official Methods of Analysis of the Association of Official Analytical Chemists International, which is incorporated by reference.

   1. (1) Fat in Milk, Modified Mojonnier Ether Extraction, AOAC Official Method 989.05
   2. (2) Solids (Total) in Milk, By Direct Forced Air Oven Drying, AOAC Official Method 990.20
   3. (3) Solids-Not-Fat in Milk, AOAC Official Method 990.21

2. (b) To determine compliance with legal standards of composition, the final analytical results (lab value) from confirmation methods listed in this section shall have an expanded uncertainty value applied as follows:

   1. (1) Fat results on milk, reduced fat milk, lowfat milk and nonfat milk will have an expanded uncertainty value of ± 0.03 percent fat applied to the lab value.
   2. (2) Total Milk Solids (TS) results on milk will have an expanded uncertainty value of ± 0.07 percent solids applied to the lab value.
   3. (3) Solids Not Fat (SNF) results on milk, reduced fat milk, lowfat milk and nonfat milk, will have an expanded uncertainty value of ± 0.07 percent solids applied to the lab value.
3. (c) Written complaints sent to the Department objecting to a final analytical result used to determine compliance with legal standards of composition shall be kept on file with a copy of that final analytical result for two years.

Note: Authority cited: Sections 407, 34231 and 34261.5, Food and Agricultural Code. Reference: Sections 34202, 34261, 34262, 34263, 34264, 34265 and 34301, Food and Agricultural Code.

History

1. New section filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12). For history of former section, see Register 73, No. 13

2. Amendment of section heading, repealer and new section and amendment of Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).