6 CCR 1010-4 – Colorado Milk and Dairy Products Regulations

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT COLORADO GRADE A PASTEURIZED MILK AND FLUID MILK PRODUCTS 6 CCR 1010-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

4.1 Authority

This regulation is adopted pursuant to the authority in Section 25-1.5-104(1)(b)(I), C.R.S. and is consistent with the requirements of the State Administrative Procedures Act, Section 24-4-101, et seq., C.R.S.

4.2 Scope and Purpose

A. This regulation establishes provisions governing dairy sanitation, the processing, packaging, transportation and sale of Grade “A” milk and milk products, and represents the state and federal standard for Grade “A” milk sanitation.

B. This regulation does not apply to milk and dairy products as defined under the Colorado Manufactured Milk & Dairy Products Regulations, 6 CCR 1010-3.

C. Section 4.7 of this regulation incorporates by reference the Grade “A” Pasteurized Milk Ordinance 2013 Revision, including supplements, provisions, administrative procedures and appendices (PMO), Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments 2013 Revision (Procedures), and Methods of Making Sanitation Ratings of Milk Shippers 2013 Revision (Methods), in effect as of this date.

4.3 Applicability

A. Pursuant to the provisions of Section 25-1.5-104(1)(b)(I), C.R.S., this regulation shall apply to dairy plants, dairy farms, processing plants, receiving stations and other facilities or establishments handling, transporting or selling any Grade “A” milk and milk products for human consumption.

B. The PMO shall apply to regulate dairy sanitation and the labeling and grading of milk pursuant to the provisions of Section 25-1.5-104(1)(b)(I), C.R.S., in so far as it is consistent with Colorado statutes and regulations, except that: In the PMO as indicated, “State of Colorado” shall be inserted in all footnotes numbered (2).

4.4 Definitions

A. For the purpose of these rules and regulations:

1. Regulatory Agency, as defined in the PMO, shall mean the Colorado Department of Public Health and Environment and its authorized representative.
2. Jurisdiction, as used in the PMO, shall mean the State of Colorado. 1 CODE OF COLORADO REGULATIONS 6 CCR 1010-4 3. Ordinance, as used in the PMO, shall mean the rules and regulations of the State of Colorado.
4. Cottage cheese, dry curd cottage cheese, and low fat cottage cheese, as defined in the Code of Federal Regulations, Title 21, Sections 133.128 and 133.129, manufactured or sold in the State of Colorado, shall meet the applicable requirements of the PMO.

4.5 License Requirements

Any person desiring to operate a dairy farm, milk plant or receiving station or to sample or test milk or cream for the purpose of payment in this state, before undertaking such operation, shall make application to and, if approved, be licensed by the Department in accordance with Section 25-5.5-107, C.R.S.

4.6 Denial and Suspension of Licenses

All denials, suspensions or revocations of licenses shall be conducted in accordance with the provisions of Sections 24-4-104 and 24-4-105, C.R.S.

4.7 Incorporation by Reference

A. Throughout these regulations, standards and requirements of outside organizations have been adopted and incorporated by reference. The material incorporated by reference cited herein includes only those versions that were in effect as of 2013, and not later amendments to the incorporated materials. These rules incorporate by reference:

1. U.S. Department of Health and Human Services, Public Health Service/Food and Drug Administration, Grade “A” Pasteurized Milk Ordinance (Includes provisions from the Grade “A” Condensed and Dry Milk Products and Condensed and Dry Whey – Supplement I to the Grade “A” PMO 2013 Revision), including supplements, administrative procedures, appendices, and coded Food and Drug Administration Interpretative Memoranda;
2. U.S. Department of Health and Human Services, Public Health Service/Food and Drug Administration and the National Conference On Interstate Milk Shipments, Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments 2013 Revision (Procedures); and, 3. U.S. Department of Health and Human Services, Public Health Service/Food and Drug Administration, Methods of Making Sanitation Ratings of Milk Shippers 2013 Revision (Methods).

B. The Division of Environmental Health and Sustainability shall maintain certified copies of the complete text of the incorporated materials, which shall be available for public inspection during regular business hours, and shall provide certified copies of the materials at cost upon request. For information regarding how the incorporated materials may be obtained or examined, contact: Division Director Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 2 CODE OF COLORADO REGULATIONS 6 CCR 1010-4 C. Materials incorporated by reference have been submitted to the State Publications Depository and Distribution Center and may be examined at any state publications depository library. _________________________________________________________________________ Editor’s Notes History Entire rule eff. 10/15/2010.

Entire rule eff. 10/15/2014.