PURPOSE: This rule complies with section 196.540, RSMo to establish specifications for the construction and operation of facilities for the production and processing of manufacturing milk.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) The Missouri State Milk Board adopts by reference Subparts B–F of the United States Department of Agriculture Consumer and Marketing Service recommended requirements entitled “Milk for Manufacturing Purposes and Its Production and Processing” as published in the 37 FR 68 (1972), Part II except Subpart B—Definitions (a), (c), (e), (h)–(m), (r), and (t) not adopted by substituting wording or violative limits, or both, in sections B2 (L), (1), (2) and (3); C2, C3, C4, (a), (1–6), (d), (e); D1 (b), and (c) which redefines the term milk and lowers violation limits of milk tests conducted on manufacturing grade milk. Also adopted by reference are wording and violative limits published in the 58 FR 29911–13 for sections B2 (1), (J), (P) and C1, C5, C7, C8, except addendum wording for (b)(1) and (2), C9, C10, C11, C12, C13, C14, C15 and D5. “Milk for Manufacturing Purposes and Its Production and Processing” recommended requirements published by the United States Department of Agriculture establishes minimum standards which must be complied with for satisfactorily producing and processing manufacturing grade milk and manufacturing grade milk products. Also adopted by reference are new wording and violative limits published in the 61 FR No. 178, 48123–48124 for sections B2, (n), (o), C4 (a) (b 1–8), (c 1–2) (d), C7 (a), (b), (c), (d), C8 (a)(1)(i–iv), (b)(1)(i–iv), (b)(3)(i–v), C8 (1)(i–iv), (b) (1) (i–iv), (2),
2. (3) (i–v), C10, C11 (a), (b) (1–2) (c) (1–4)
3. (d) (e) (1–2), (f), E1.8 (a) (b).
4. (2) This is Missouri's addendum to the adopted United States Department of Agriculture consumer and marketing service recommended requirements entitled “Milk for Manufacturing Purposes and Its Production and Processing”, April 7, 1972, (Volume 37—Number 65, Part II, Page 7049, Sections C8(b)(1) and (2)).

TRANSFER PRODUCERS—To be eligible to transfer from one (1) buyer to another, a producer cannot be under a stop sale order or under an animal health quarantine. When a producer discontinues milk delivery at one (1) plant and begins delivery to a different plant for any reason, the new buyer shall not accept the first delivery until s/he has requested from the previous buyer and received a copy of the record of the producer's milk quality covering the preceding ninety (90) days and a statement of the farm certification status and date of certification if any. The previous buyer shall forward information to the new buyer and the State Milk Board within twenty-four (24)-working hours after receipt of a written request unless the records have been destroyed by means over which s/he has no control. Provided that the new buyer may accept a producer’s milk after making the request for the record by telephone and obtaining assurance from the previous buyer that the producer’s milk may be accepted; the new buyer then shall make a written request to the old buyer for the produce’s record. If the new buyer requests and fails to receive the quality record from the previous buyer within the allotted time, s/he shall report that fact to the State Milk Board office for appropriate action.

AUTHORITY: section 196.540, RSMo Supp. 1996.* This rule previously filed as 2 CSR 30-21.011. Original rule filed Dec. 10, 1981, effective April 11, 1982. Amended: Filed Jan. 7, 1983, effective May 13, 1983. Amended: Filed Oct. 22, 1985, effective Jan. 26, 1986. Amended: Filed July 31, 1986, effective Oct. 11, 1986. Amended: Filed June 30, 1993, effective Dec. 9, 1993. Amended: Filed Oct. 17, 1996, effective June 30, 1997. *Original authority: 196.540, RSMo 1981, amended 1993, 1995.