1. (a) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Bulk milk hauler-Any person who hold a milk hauler's certification issued by the department, and who transports raw milk from a dairy farm to a milk processing plant, receiving station, or transfer station.
   2. (2) Certified milk sampler/collector-Any industry personnel, other than the milk hauler, who collects or stores an official milk sample.
   3. (3) Department-The Texas Department of Health, the commissioner of health, or his authorized representative.
   4. (4) Grade A Pasteurized Milk Ordinance-The Grade A Pasteurized Milk Ordinance published by the U.S. Public Health Service and adopted by the Texas Department of Health in §217.61 of this title (relating to Grade A Milk Ordinance).
   5. (5) State commissioner of health-The state commissioner of health or his representative.
   6. (6) 3-A sanitary standards-Construction standards for milk production and processing equipment which must be met prior to acceptance for use in the milk and dairy industry.
   7. (7) 3-A sanitary standards committee-The committee composed of appointees from the International Association of Milk, Food, and Environmental Sanitarians and the Food and Drug Administration/Public Health Service that reviews and establishes standards for production and processing equipment intended for use in this country.
   8. (8) Transport tank-Any tank which is used for the pickup of farm bulk milk or the transportation of milk or milk products to or from any dairy farm, milk plant, receiving station, or transfer station where Grade A milk and milk products are handled or processed.
   9. (9) Transport tank washing station-The facilities used for the washing and sanitizing of milk transport tanks.
   10. (10) Unloading station-Any receiving station, transfer station, or milk processing plant where Grade A raw-to-plant milk or Grade A milk or milk product is unloaded from milk transport tanks.

2. (b) Requirements for bulk milk hauler certifications.

   1. (1) The department shall carry out a comprehensive training program, which shall include a short course teaching specific procedures necessary to properly handle milk from the dairy farm to the plant, receiving station, or transfer station. This course shall further include practical field training sufficient to develop a proficient working knowledge of proper bulk milk handling procedures.
   2. (2) After training has been completed by each hauler or group of haulers the department shall conduct a qualifying examination. The examination shall consist of a written test, oral test, and a practical test, which includes correct sampling procedures. A passing grade requirement on these examinations shall be a combined score of 90 on a 100 top score basis.

   3. (3) An industry sponsored training program may be used in lieu of this program, provided that:

      1. (A) such training program meets or exceeds the minimum standards and requirements set forth in these regulations;
      2. (B) the program is acceptable to the department; and
      3. (C) the qualifying examination is administered by the department.
   4. (4) The department shall provide for annual inspections of each milk transport tanker to be used for hauling Grade A raw milk for pasteurization.
   5. (5) The department shall provide for a biennial evaluation of all official milk samplers which shall include bulk milk haulers.
   6. (6) The requirements in paragraphs (1) - (5) of this subsection do not eliminate or supersede other licenses or permits required by any other official regulatory agency.

3. (c) Procedure and handling requirements.

   1. (1) Each transport tank used for farm bulk milk pickup shall be supplied with sanitized sample bottles or bags, other sampling equipment, and supplies necessary to clean and sanitize multiuse equipment used in sampling and pickup operations.

   2. (2) All milk haulers operating farm bulk milk pickup transport tanks shall make available to the department upon request, a current list of producers for each route pickup load with the following information:

      1. (A) producer name and number in the order of milk pickup;
      2. (B) time of arrival at each dairy;
      3. (C) time of arrival at the unloading station; and
      4. (D) the name and address of the unloading station.

4. (d) Bulk milk hauler certification.

   1. (1) Bulk milk haulers successfully qualifying by examination will be certified by the department to perform milk hauler duties. Only those milk haulers having certification will be allowed to remove milk from a farm bulk milk tank and collect milk samples for laboratory examination.
   2. (2) The department is granted authority to issue temporary hauler certification in emergency situations without the prescribed examinations and training program, provided acceptable certification of competence is made. The period of the temporary permit shall not exceed 30 days.
   3. (3) The bulk milk hauler certification shall be issued and remain in effect unless suspended for violation of these requirements, or when a hauler has not been active as a milk hauler in Texas for a period of one year.

   4. (4) The department is authorized to suspend hauler certification when, upon investigation, the department finds a violation of any one of the following:

      1. (A) §§217.21-217.25 of this title (relating to Bulk Milk Hauler);
      2. (B) §§217.61-217.76 of this title (relating to Grade A Milk Specifications).

Source Note:The provisions of this §217.21 adopted to be effective October 16, 1986, 11 TexReg 4156.