Rule 40-2-16-.29. Adulterated and Misbranded Milk

1. (1) Embargo or Hold Order.

   1. (a) The Department may, upon notice to the owner or person in charge, place a hold order (embargo) on any raw milk that it determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded.

   2. (b) When raw milk for human consumption is sampled per the requirements of 40-2-16-.28 and is found to be positive for any of the pathogens listed in 40-2-16-.28(11)(d):

      1. 1. All raw milk currently on-hand at the producer's farm will be placed under immediate embargo, via written or verbal confirmation delivered to the license or permit holder; and
      2. 2. Raw milk obtained from future milkings will be considered under the existing embargo order until samples from two (2) consecutive milkings test negative for the presence of pathogens.
2. (2) Suitably Stored. Raw milk under embargo may be suitably stored while awaiting Department resolution.

3. (3) Unlawful Acts. It shall be unlawful:

   1. (a) For any person to remove or alter a hold order, notice, or embargo tag placed on raw milk by the Regulatory Agency; and
   2. (b) To relabel, repack, reprocess, alter, dispose of, or otherwise destroy such raw milk, or containers thereof, without prior authorization from the Department.
   3. (c) Subparagraphs (a) and (b) do not apply for actions taken under order from a court of competent jurisdiction.

4. (4) Raw Milk Adulterated by Drugs, Pesticides, Herbicides, or Other Toxic Substances.

   1. (a) Raw milk found to be adulterated by drugs, pesticides, herbicides or other toxic substances shall be placed under embargo, and
   2. (b) Additional samples from subsequent milkings shall be analyzed by the Department.
   3. (c) Raw milk for human consumption found to be adulterated must be disposed of until analysis from a subsequent milking no longer shows the presence of the adulterant(s).
   4. (d) Raw milk found to be adulterated by the presence of drug residue must be disposed of in a manner that completely removes it from the human and animal food chains.

5. (5) Added Water. When Department testing finds the freezing point of raw milk is greater than -0.525ºC (32.945ºF):

   1. (a) The Department will issue a warning letter to the permit or license holder, indicating the presence of added water in the sample(s) analyzed;
   2. (b) A second violation within two (2) years will result in a for-cause inspection, during which a definite freeze point standard for the permit or license holder's farm will be established; and
   3. (c) Subsequent deviations of more than three (3%) percent from the farm's standard will result in a two-day permit or license suspension.

Authority: O.C.G.A. § 26-2-450, et seq.

History. Original Rule entitled "Adulterated and Misbranded Milk" adopted. F. June 9, 2023; eff. July 1, 2023, as specified by the Agency.