1. A. Upon receipt of a satisfactory application and a statement, signed by the applicant, certifying that the cause of the adulteration has been corrected and all product that was involved has been recalled, from an operator whose permit was suspended based upon adulteration of product, the state health officer shall take additional samples of the applicants milk supply or dairy product. The state health officer may reinstate the permit when a sample result indicates the supply or product is in compliance, provided that it is the last sample collected. Provided further that in cases in which the suspension of permit was due to a dairy farm’s drug residue violations of Appendix N of the PMO the state health officer shall make an inspection of the applicant’s dairy farm and as many additional inspections as deemed necessary by the state health officer to assure that the applicant is again in substantial compliance with all applicable requirements. Said application shall be accompanied by a statement, signed by the applicant, to the effect that the cause of the violation has been corrected.

2. B. Upon receipt of a satisfactory application from an operator whose permit was suspended based upon contamination with pathogenic microorganisms of human significance and a written corrective action plan for eliminating and preventing a reoccurrence of the contamination the state health officer shall:

   1. 1. Review the corrective action plan and determine whether or not it is satisfactory. The state health officer may reject the plan when, in the state health officer’s opinion, it is not satisfactory.
   2. 2. Upon concurring with the corrective action plan; inspect the dairy plant to determine whether the corrective action plan has been implemented to the state health officer’s satisfaction. In cases in which the plant is not domiciled in Louisiana, the state health officer may accept certification that the plan has been implemented from the dairy regulatory agency of that state or country. In cases in which the state health officer deems that the regulatory agency of a state or country is not technically capable of providing acceptable assurance that the corrective action plan is being properly implemented, the state health officer shall perform such inspections. The dairy plant shall be required to pay all expenses the state health officer incurs in making the inspections. Failure to adhere to the corrective action plan at any time may constitute grounds for suspension of permit.
   3. 3. Take additional samples of the applicant’s product(s).
   4. 4. The state health officer may reinstate the permit when the samples indicate the product no longer contains pathogenic microorganisms of human significance and the corrective action plan to prevent a reoccurrence of the problem has been implemented to the state health officer’s satisfaction.

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).