PURPOSE: This rule specifies sampling frequency and required chemical and bacteriological tests to be conducted both on raw and pasteurized Grade A dairy products. This rule corresponds with Part II, Section 6 of the Grade A Pasteurized Milk Ordinance with Administrative Procedures—2009 Recommendations of the United States Public Health Service/Food and Drug Administration (PMO).

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) During any consecutive six (6) months, at least four (4) samples of raw milk for pasteurization, taken from each producer and delivered in accordance with 2 CSR 80-2.070 (Section 7 of the PMO) of these rules, shall be obtained by the hauler under the direction of the regulatory agency or shall be taken from each producer by the regulatory agency. During any consecutive six (6) months, at least four (4) samples of raw milk for pasteurization shall be taken, under the direction of the regulatory agency, from each milk plant after receipt of the milk by the plant and prior to pasteurization. In addition, during 2 CSR 80-2

any consecutive six (6) months, at least four (4) samples of pasteurized milk and at least four (4) samples of each milk product defined in these rules shall be taken from every milk plant. Samples of milk and milk products shall be taken while in possession of the producer or distributor at any time prior to final delivery. Samples of milk and milk products from dairy retail stores, food service establishments, grocery stores, and other places where milk and milk products are sold shall be examined periodically as determined by the regulatory agency; and the results of the examination shall be used to determine compliance with 2 CSR 80-2.020, 2 CSR 80- 2.040, and 2 CSR 80-2.100. Proprietors of the establishments, upon request, shall furnish the regulatory agency with the names of all distributors from whom milk or milk products are obtained. (2) Required bacterial counts, somatic cell counts, and cooling temperature checks shall be performed on raw milk for pasteurization. In addition, antibiotic tests on each producer’s milk or on commingled raw milk shall be conducted at least four (4) times during any consecutive six (6) months. When commingled milk is tested, all producers shall be represented in the sample. All individual sources of milk shall be tested when test results on the commingled milk are positive. Required bacterial counts, antibiotic tests, coliform determinations, phosphatase, and cooling temperature checks shall be performed on pasteurized milk and milk products.

1. (3) Whenever two (2) of the last four (4) consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk, milk products, or both, the regulatory agency shall send a written notice to the person concerned. This notice shall be in effect so long as two (2) of the last four (4) consecutive samples exceed the limit of the standard. An additional sample shall be taken within twenty-one (21) days of the sending of the notice, but not before the lapse of three (3) days. Immediate suspension of the permit in accordance with 2 CSR 80-2.030, court action, or both, shall be instituted whenever the standard is violated by three (3) of the last five (5) bacterial counts, coliform determinations, cooling temperatures or somatic cell counts.
2. (4) Whenever a phosphatase test is positive, the cause shall be determined. When the cause is improper pasteurization, it shall be corrected and any milk or milk product involved shall not be offered for sale.
3. (5) Whenever antibiotic or pesticide residue test is positive, immediate permit suspension in accordance with 2 CSR 80-2.030 (Section 3 of the PMO), court action, or both shall be instituted.
4. (6) Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the current edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the current edition of Official Methods of Analysis of the Association of Official Analytical Chemists. These procedures, including the certification of sample collectors and examinations shall be evaluated in accordance with 2005 Evaluation of Milk Laboratories, Recommendations of the U.S. Public Health Service/Food and Drug Administration. Examinations and tests to detect adulterants, including pesticides, shall be conducted as the regulatory agency requires. Assays of milk and milk products to which vitamin(s) A, D, or both have been added, shall be made at least annually in a laboratory acceptable to the regulatory agency. The 2009 edition of the Grade A Pasteurized Milk Ordinance with Administrative Procedures is hereby incorporated by reference as published by the Department of Health and Human Services, Public Health Service, Food and Drug Administration, Milk Safety Branch (HFS-626), 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. *Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.