PURPOSE: This rule is for the purpose of providing requirements concerning inspection frequency and procedures. This rule corresponds with Section 5 of the Grade “A” Pasteurized Milk Ordinance (PMO), 2013 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) Each dairy farm, milk plant, receiving station, transfer station, and milk distributor whose milk or milk products are intended for consumption within Missouri or its jurisdiction and each milk hauler who collects samples of raw milk for pasteurization, for bacterial, chemical, or temperature standards and hauls milk from a dairy farm to a milk plant, transfer station, or receiving station and bulk milk pick-up tanker and its appurtenances shall be inspected by the regulatory agency prior to the issuance of a permit. Following the issuance of a permit, each bulk milk pick-up tanker shall be inspected at least once every twenty-four (24) months plus the remaining days of the month in which inspection is due, milk hauler shall be inspected at least once every twenty-four (24) months, dairy farm, milk distributor, and transfer station shall be inspected at least once every six (6) months. Each milk plant and receiving station shall be inspected at least once every three (3) months. Should the violation of any requirement set forth in 2 CSR 80-2.070 (section 7 of the PMO), or in the case of a milk hauler, 2 CSR 80-2.060 (section 6 of the PMO), be found to exist on an inspection, a second inspection will be required after the time deemed necessary to remedy the violation, but not before three (3) days. This second inspection shall be used to determine compliance with the requirements of 2 CSR 80-2.070 (section 7 of the PMO), or in the case of a milk hauler, 2 CSR 80-2.060 (section 6 of the PMO). Any violation of the same requirement of 2 CSR 80-2.070 (section 7 of the PMO), or in the case of a milk hauler, 2 CSR 80-2.060 (section 6 of the PMO), on the second inspection, shall call for permit suspension in accordance with 2 CSR 80-2.030 (section 3 of the PMO), court action, or both. Additionally, flagrant violations on the part of a hauler such as fraudulent practices, intentional adulteration, or any action adversely affecting the integrity of producer milk samples shall result in immediate permit suspension in accordance with 2 CSR 80-2.030 (section 3 of the PMO), court action, or both.
2. (2) One (1) copy of the inspection report shall be handed to the operator, or other responsible person, or be posted in a conspicuous place on an inside wall of the establishment. The inspection report shall not be defaced and shall be made available to the regulatory agency upon request. An identical copy of the inspection report shall be filed with the records of the regulatory agency.
3. (3) Every milk producer, hauler, distributor, or plant operator, upon request of the regulatory agency, shall permit access of officially designated persons to all parts of the establishment or facilities to determine compliance with the provisions of these rules. Upon request, a distributor or plant operator shall furnish the regulatory agency, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, and a list of all sources of the milk and milk products, records of inspections, tests, and pasteurization time and temperature records.
4. (4) It shall be unlawful for any person who, in an official capacity, obtains any information, which is entitled to protection as a trade secret (including information as to quantity, quality, source, or disposition of milk or milk products, or results of inspections or tests of milk or milk products), under the provisions of these rules, to use this information to his/her own advantage or to reveal it to any unauthorized person. The Grade “A” Pasteurized Milk Ordinance (PMO), 2013 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 (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).

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, 2013, effective Feb. 28, 2014. Amended: Filed July 23, 2014, effective Jan. 30, 2015. Amended: Filed Feb. 9, 2016, effective July 30, 2016.

*Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.