PURPOSE: This rule provides regulations for the proper labeling of Grade “A” milk or milk products. This rule corresponds with Section 4 of the Grade “A” Pasteurized Milk Ordinance (PMO), 2015 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) All bottles, containers, and packages enclosing milk or milk products defined in 2 CSR 80-2.010 (Section 1 of the PMO) of these rules shall be labeled in substantial compliance with the applicable requirements of the Federal Food, Drug and Cosmetic Act, the Fair Packaging and Labeling Act, and regulations developed thereunder, and in addition, shall comply with the applicable requirements of this rule as follows. The Grade “A” Pasteurized Milk Ordinance (PMO), 2015 Revision is hereby incorporated by reference as published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food Safety (HFS-316), 5100 Paint Branch Parkway, College Park, MD 20740- 3835. This rule does not incorporate any subsequent amendments or additions to the Pasteurized Milk Ordinance (PMO).

2. (2) All bottles, containers, and packages enclosing milk or milk products except milk tank trucks, storage tanks, and cans of raw milk from individual dairy farms shall be conspicuously marked with—

   1. (A) The name of the product;
   2. (B) The words Grade “A”;
   3. (C) The identity of the plant where pasteurized;
   4. (D) The word reconstituted or recombined if the product is made by reconstitution or recombination; and
   5. (E) The volume or proportion of water to be added for reconstitution or recombining in the case of concentrated milk or milk products.
3. (3) All vehicles and milk tank trucks containing milk or milk products shall be legibly marked with the name of the milk plant or hauler in possession of the contents.

4. (4) Milk tank trucks transporting raw milk and milk products to a milk plant from sources of supply not under the routine supervision of the regulatory agency are required to be marked with the name and address of the milk plant or hauler and shall be sealed; in addition, for each of these shipments, a shipping statement shall be prepared containing at least the following information:

   1. (A) Shipper’s name, address, and permit number;
   2. (B) Permit identification of hauler, if not employee of shipper;
   3. (C) Point of origin of shipment;
   4. (D) Tanker identity number;
   5. (E) Name of product;
   6. (F) Weight of product;
   7. (G) Grade of product;
   8. (H) Temperature of product;
   9. (I) Date of shipment;
   10. (J) Name of supervising regulatory agency at the point of origin; and
   11. (K) Whether the contents are raw, pasteurized, or in the case of cream, skim milk, or lowfat milk, whether it has been heat-treated.

5. (5) One (1) copy of the shipping statement shall be retained by the consignor, one (1) by the common carrier, and at least two (2) copies shall be delivered to the consignee with the shipment. The consignee shall forward at least one (1) copy to the regulatory agency in the receiving area. Upon request, the regulatory agency shall return to the official supervising agency the following information:

   1. (A) Date and time of arrival of product;
   2. (B) Temperature of product;
   3. (C) Bacterial count and butterfat test of product on individual shipment;
   4. (D) Adequacy of seals; and
   5. (E) Other pertinent information.
6. (6) Entries made on shipping statements by consignors or consignees shall be legible. When the interstate shipment is derived from more than one (1) point of origin, separate shipping statements for each of the sources involved shall accompany the shipment. Shipping statements shall be retained on file for a period of at least six (6) months.

AUTHORITY: section 196.939, RSMo 2000.* Original rule filed April 20, 1973, effective April 30, 1973. Rescinded and readopted: Filed March 11, 1980, effective July 1, 1980. Amended: Filed Feb. 1, 1990, effective April 26, 1990. Amended: Filed Feb. 15, 2007, effective July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Amended: Filed March 13, 2012, effective Sept. 30, 2012. Amended: Filed July 23, 2014, effective Jan. 30, 2015. Amended: Filed April 22, 2016, effective Oct. 30, 2016. *Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.