Agriculture and Food, Regulatory Services

Section R70-320-18

Transport Tanks, Operators

Notice of Proposed Rule

(Amendment)

DAR File No.: 36915
Filed: 10/04/2012 09:11:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make the permit fee consistent with the Legislature's approved fee schedule and to change a milk transportation requirement.

Summary of the rule or change:

The main amendment is to make the milk hauler permit fee consistent with the Legislature's approved fee schedule. Another proposal is to exempt milk sample transporters from the milk hauler licensing requirements.

State statutory or constitutional authorization for this rule:

• Section 4-3-2

Anticipated cost or savings to:

the state budget:

The Division anticipates that the proposed exemption for milk sample haulers will reduce the Department's revenue about $100 annually.

local governments:

Local governments have no responsibilities in manufacturing, production, and processing. There will be no budgetary impact to local government.

small businesses:

Based on information gained from small raw milk producers on 09/13/2012, the changes will reduce their costs for getting milk samples from farms and stores to laboratories. They did not quantify the impact.

persons other than small businesses, businesses, or local governmental entities:

The Division has included all stakeholders in the preparation of these proposed amendments. No financial impacts have been identified beyond those described above.

Compliance costs for affected persons:

Costs of compliance will be reduced because producers will not have to use licensed employees to transport milk to laboratories. They will realize savings in permitting costs and in having increased options for who is eligible to transport the samples.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments which bring the rule's permit fee to be consistent with the Legislature's approved fee schedule is essential. The other change is based on detailed discussion with the industry, academia and other stakeholders. It should reduce the compliance costs for small producers without compromising the public health protection.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Richard Clark at the above address, by phone at 801-538-7150, by FAX at 801-538-7126, or by Internet E-mail at richardwclark@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2012

This rule may become effective on:

12/10/2012

Authorized by:

Leonard Blackham, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-320. Minimum Standards for Milk for Manufacturing Purposes, its Production and Processing.

R70-320-18. Transport Tanks, Operators.

A. All milk haulers must possess a permit issued by the Department. A candidate or substitute milk hauler is required to obtain a permit within ten days from the date they commence hauling operations. The ten day period is for training and observation to provide the Department and company officials with an opportunity to check the hauler's pickup technique and observe the degree to which he is following required pickup practices. Training may take the form of instruction in pickup technique or may include a required period of observation apprenticeship in which the candidate accompanies a permittee in the performance of his duties. Persons whose milk hauling responsibility is limited to transporting properly collected and packaged milk samples to a laboratory are not required to obtain or possess a milk hauler permit.

1. An examination may be administered at the conclusion of the ten day period and candidates failing the test will be denied permits until indicated deficiencies are corrected.

2. Drivers shall be qualified to efficiently carry out the procedures necessary for the sanitary transfer of milk from the farm tank to the dairy plant. All milk haulers shall be subject to such examination as the Department may prescribe by rule in order to receive and retain such permit. The fee for the permit shall be [$25.00]established in accordance with title 4-2-2 UCU and renewed annually.

B. The milk line shall be passed through a special port opening through the milkhouse wall with care to prevent contact with the ground. The port opening shall be closed when not in use.

C. It shall be the responsibility of the milk hauler to assure himself that, in the event the processor washes and sanitizes the truck, the operation has been adequately performed, and that prior to use, the truck tank has been properly sanitized with an approved sanitizer. In the event it is his responsibility to sanitize the truck tank, he shall do so with a solution of proper strength.

D. The milk hauler shall wash his hands immediately before taking a measurement and/or sample of the milk.

E. The milk shall be observed and checked for abnormalities or adulterations, and all abnormal or adulterated milk shall be rejected.

F. Drivers shall maintain a clean, neat, personal appearance and take measurements and collect milk samples for analysis in a sanitary manner using properly identified clean containers. All sampling procedures shall follow standard methods.

G. The following are the procedures for picking up bulk milk.

1. Take and record the tank reading. (If the tank is agitating when the hauler arrives, let it continue for five minutes before taking the butterfat sample. Then turn off the agitator and wait until the milk is quiescent before taking measurement.) Note: Cleanliness and dryness are essential to accurate readings. The rod must be warm enough so that moisture from the atmosphere will not condense on the rod after it has been dried or dusted, prior to inserting it into a tank to make a reading of the liquid level.

2. Turn on the agitator and agitate at least five minutes before taking a sample.

3. While tank is agitating, record temperature and time and hook up the hose and electricity to the truck.

4. While agitator is running, take sample from three positions in tank center and both ends. Collect quality samples in same manner.

5. Shut off agitator and pump out tank.

6. Rinse tank and accessories free of milk with clean water immediately after emptying and disconnecting tubing.

H. After the milk is pumped to the transportation tank the milk conductor tubing shall be capped and returned to the vehicle storage cabinet. Care shall be taken to prevent contamination of the milk tubing.

 

KEY: dairy inspections, raw milk[food inspection]

Date of Enactment or Last Substantive Amendment: [1994]2012

Notice of Continuation: January 12, 2012

Authorizing, and Implemented or Interpreted Law: 4-2-2(1)(j); 4-3-2