1. A. In cases in which the written notice required in §331 of this Part has been received by the operator and whenever three of the last five samples fail to meet the standard plate count, coliform count, sediment score, temperature check or somatic cell count requirements of this code unless the last individual sample result meets the requirements, the state health officer shall:

   1. 1. Degrade the raw milk supply or dairy product to the appropriate grade, in cases in where grades and grading protocol have been established.
   2. 2. Suspend the operator’s permit in cases where grades and grading protocol have not been established, provided that the state health officer may allow the operator to discontinue the sale of the violative product(s) rather than suspend the permit.
2. B. Whenever a phosphatase test result is positive, suspend the permit for the product, place all product that is reasonably likely to have not been properly pasteurized under official seizure and require that any such product that has entered commerce be recalled by the processor and disposed of as directed by the state health officer.
3. C. Whenever pathogenic microorganisms of human significance are found in a dairy plant environment, require the plant operator to submit a written corrective action plan for eliminating and preventing the reoccurrence of the contamination to the state health officer for approval. The state health officer shall, during each inspection/audit determine whether or not the plant is in conformity with the written corrective action plan. Failure to conform with the approved corrective action plan shall be grounds for suspension of permit.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2656 (September 2011).