1. A. Upon receipt of a satisfactory application from the operator, when the lowered grade or suspension of permit is the result of violative standard plate counts, violative coliform counts, violative temperatures, violative somatic cell counts, or violative sediment scores the state health officer shall take additional samples of the applicant’s output at a rate of one sample from a single day’s production and not more than two samples per week. The state health officer may:

   1. 1. regrade the milk supply or dairy product upward, whenever a minimum of two successive samples meet the grade requirements of a higher grade provided they are the last two samples collected; or
   2. 2. reinstate the permit of the manufacturer or allow the sale of a non-grade product that has been removed from the market whenever a minimum of two successive samples meet the bacteriological or chemical standards for such non-graded products, provided they are the last two samples collected.

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 37:2657 (September 2011).