Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since Septemberr 1, 2018, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R70. Agriculture and Food, Regulatory Services.

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

As in effect on Septemberr 1, 2018

Table of Contents

R70-320-1. Authority.

A. Promulgated Under Authority of Subsection 4-2-2(1)(j) and Section 4-3-2.

B. Scope: It is the intent of these rules to encourage the sanitary production of milk, to promote the sanitary processing of milk for manufacturing purposes.

R70-320-2. General.

A. The Commissioner of Agriculture and Food shall administer the provisions of these rules which are:

1. To establish and promulgate minimum standards for milk for manufacturing purposes, its production, transportation, grading, use, processing, and the packaging, labeling and storage of dairy products made therefrom.

2. To inspect dairy farms and dairy plants, to certify dairy farms for the production and sale of milk for manufacturing purposes and to license dairy plants to handle and process milk for manufacturing purposes, in conformity with minimum standards and specifications prescribed by such rules as may be issued hereunder in effectuation of the intent hereof.

3. To require the keeping of appropriate books and records by plants licensed hereunder.

4. To license qualified milk graders and bulk milk collectors.

B. The Utah Commissioner of Agriculture and Food may for good cause, after notice and opportunity for hearing, suspend or revoke certification and licenses issued hereunder.

C. No person, firm, or corporation shall produce, sell, offer for sale, or process milk for the manufacture of human food except in accordance with the provisions of these rules issued pursuant hereunto.

D. Violation of any portion of these rules may result in civil or criminal action, pursuant to Section 4-2-2.

E. All manufacturing dairy plants shall furnish the Department with a current list of their producers semi-annually. These lists shall be received no later than January 15th and July 15th of the current year.

R70-320-3. Definitions.

A. Definitions. Words used in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.

1. Regulatory agency. The Utah Commissioner of Agriculture and Food or his authorized representative is authorized by law to administer this rule.

2. Department. The Utah Department of Agriculture and Food.

3. License. A license issued under this Regulation by the Department.

4. Fieldman. A person qualified and trained in the sanitary methods of production and handling of milk as set forth herein, and generally employed by a processing or manufacturing plant for the purpose of dairy farm inspections and quality control work.

5. Compliance Officer. An employee of the Department qualified, trained, and authorized to perform dairy farm or plant inspections, and raw milk grading.

6. Milk Grader. A person licensed by the Utah Department of Agriculture and Food who is qualified and trained for the grading of raw milk.

7. Producer. The person or persons who exercise control over the production of the milk delivered to a processing plant or receiving station and those who receive payment for this product. A "new producer" is one who has only recently entered into the production of milk for the market. A "transfer producer" is one who has been shipping milk to one plant and transfers his shipment to another plant.

8. Milk hauler. Any person who transports raw milk and/or raw milk products from a dairy farm, milk plant, receiving or transfer station.

9. Farm Tank. A tank used to cool and/or store milk prior to transportation to the processing plant.

10. Transportation Tank and Bulk Tank. Tanks used to transport milk from a farm to a processing plant.

11. Dairy Farm or Farm. A place or premise where one or more milking cows are kept, a part or all of the milk produced thereon being delivered, sold, or offered for sale to a plant for manufacturing purposes.

12. Dairy Plant or Plant. Any place, premise, or establishment where milk or dairy products are received or handled for processing or manufacturing and/or prepared for distribution. When "plant" is used in connection with minimum specifications for plants or licensing of plants, it means only those plants that manufacture, process and/or distribute dairy products.

13. Milk. The normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. The word "milk" used herein includes only milk for manufacturing purposes.

14. Milk for manufacturing purposes. Milk produced for processing and manufacturing into products for human consumption that meets the requirements of this rule.

15. Acceptable Milk. Milk that is produced under the requirements as outlined in this rule.

16. Probational Milk. Milk that may not be produced under the requirements as outlined in this rule and that may be accepted by plants for specific time periods.

17. Reject Milk. Milk that does not meet the requirements of this rule.

18. Suspended Milk. All of a producer's milk suspended from the market by the provisions of this rule.

19. Dairy Products. Butter, cheese (natural or processed), dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated (plain or sweetened), and such other products, for human consumption, as may be otherwise designated.

20. Farm Certification. Certification by a compliance officer that a producer's herd, milking facility and housing, milk procedure, cooling, milkhouse or milk room, utensils and equipment and water supply have been found to meet the applicable requirements of this rule.

21. Official Methods. Official Methods of Analysis of the Association of Official Analytical Chemists.

22. Standard Methods. Standard Methods for the Examination of Dairy Products.

23. 3-A Sanitary Standards. The standards for dairy equipment formulated by the 3-A Sanitary Standards Committees representing the International Association of Milk and Food Sanitarians, the United States Public Health Service, and the Dairy Industry Committee.

24. C-I-P or Cleaned-in-Place. The procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation.

25. Permit. A document issued by the Department in order to sell milk and milk products.

R70-320-4. Milk Permits.

By October 15, 1990, farms producing and selling milk for manufacturing purposes shall apply for a permit.

1. Permits shall be required for the sale of milk for manufacturing purposes.

2. Only one permit shall be issued per facility.

3. Farm permits shall be effective from the date of issuance unless suspended or revoked by the Department.

R70-320-5. Farm Inspection.

A. Each dairy farm operated by a producer of milk for manufacturing purposes shall be inspected initially and on any change of market by a compliance officer and shall have a passing score before the first milk is shipped. All dairy farms producing milk for manufacturing purposes shall be inspected no less than once in each six month period by a compliance officer.

B. Producers who cannot produce milk of wholesome sanitary quality will be suspended. Producers who are not in substantial compliance with Section R70-320-12 relating to requirements for a farm producing milk for manufacturing will be re-inspected after an appropriate time for correction of deficiencies. If the farm does not then meet the requirements for farms producing milk for manufacturing, the producer permit to sell milk for manufacturing from that farm shall be suspended until such time as the farm receives an acceptable score. The producer will be charged for the time and mileage expended by the department for any subsequent visits required.

R70-320-6. Minimum Quality Standards for Milk for Manufacturing Purposes.

A. Basis. The classification of raw milk for manufacturing purposes shall be based on sight and odor and quality control tests for sediment content, bacterial estimate and somatic cell.

B. Sight and odor. The odor of acceptable raw milk shall be fresh and sweet. The milk shall be free from objectionable off-odors that would adversely affect the finished product, and it shall not show any abnormal condition such as curdled, ropy, bloody, or mastitis condition as determined by an approved milk grader.

C. Sediment content classification. Milk in farm bulk tanks shall be classified for sediment content as follows:

                                                     TABLE
                                                    SEDIMENT CONTENT

Sediment Content          Milk in farm bulk tanks
Classification            Mixed sample, 0.40 in.
                          diameter disc or equivalent

No. 1  (acceptable)       Not to exceed 0.50 mg. equivalent
No. 2  (acceptable)       Not to exceed 1.50 mg. equivalent
No. 3  (probational)      Not to exceed 2.50 mg. equivalent
No. 4  (reject)           Over 2.50 mg. equivalent

     Sediment content based on comparison with applicable
charts of Sediment Standards prepared by the United States
Department of Agriculture.
                                                            

1. Method of Testing. Methods for determining sediment content of milk shall be those described in the current edition of Standard Methods for the examination of dairy products.

2. Frequency of tests. At least once each month a sample shall be taken from each farm bulk tank and at irregular intervals.

3. Acceptance or rejection of milk. If the sediment disc is classified as No. 1, No. 2, or No. 3, the producer's milk may be accepted. If the sediment disc is classified as No. 4, the milk shall be rejected. If the shipment of milk is co-mingled with other milk in a transport tank, the next shipment shall not be accepted until its quality has been determined at the farm before being picked up; however, if the person making the test is unable to get to the farm before the next shipment, it may be accepted but no further shipments shall be accepted unless the milk meets the requirements of No. 3 or better. In the case of milk classified as No. 3 or No. 4, the producer shall be notified immediately and the next shipment shall be tested.

4. Retests. On tests of the next shipment, milk classified as No. 1, No. 2, or No. 3 shall be accepted, but No. 4 milk shall be rejected. Retests of bulk milk classified as No. 4 shall be made at the farm before pickup. The producers of No. 3 or No. 4 milk shall be notified immediately and the next shipment tested. This procedure of retesting successive and accepting probational (No. 3) milk and rejecting No. 4 milk may be continued for a period, not to exceed ten calendar days. If at the end of this time, the producer's milk does not meet the acceptable sediment content classification (No. 1 or No. 2) it shall be suspended from the market.

D. Bacterial estimated classification. Milk shall be classified for bacterial estimate by one of the listed tests of the current standard methods.

                                                     TABLE

Bacterial estimate   Direct microscopic clump
classification       count, standard plate
                     count or loop method

Acceptable           Not over 500,000 per ml.

Undergrade           Over 500,000 per ml
(probation 4 weeks)
                                                            

1. Method of testing. Methods for determining the bacterial estimate of milk shall be those described in the current edition of Standard Methods and the current edition of the Official Methods of the Analysis of the Association of Official Analytical Chemists or other methods approved by the Department.

2. Frequency of tests. At least once a month at irregular intervals, a mixed sample of each producer's milk shall be tested.

3. Acceptance of milk. If the sample of milk is classified as No. 1, the producer's milk may be accepted without qualification. If the sample is classified as undergrade, probational, the producer's milk may be accepted for a temporary period of four weeks. The producer of undergrade milk shall be notified immediately.

4. Retests. Additional samples shall be tested and classified at least weekly, and the producer shall be notified immediately of the results. This procedure of testing at least weekly and accepting undergrade milk may be continued for a period not exceeding four weeks. If at the end of this time the producer's milk does not meet the acceptable bacterial estimate requirements (No. 1 or No. 2) it shall be suspended from market.

E. Abnormal Milk. The Wisconsin Mastitis Test may be used as a screening test. A test of 18 mm or higher shall be considered to indicate abnormal milk and shall require confirmation by the Direct Microscopic Somatic Cell Count Method or an equivalent method according to the current edition of standard methods.

Somatic Cell Count: Samples exceeding 18 mm WMT to be confirmed by DMSCC or acceptable tests. Not to exceed 750,000 per ml.

1. Frequency of tests. At least four times in each six month period, at irregular intervals, a sample of each producer's milk shall be tested.

2. Notification to the department, written notice to the producer and a farm inspection are required whenever two of the last four somatic cell counts exceed the standard.

3. Within 21 days after the farm inspection, another sample shall be tested for somatic cell count. If the result exceeds the allowable limit for somatic cell count, the producer's permit shall be suspended until corrections are made and the somatic cell count is reduced to 750,000 or less.

F. Drug Residue Level.

1. All licensed dairy plants shall not accept for processing any milk testing positive for drug residue. All milk received at a licensed diary plant shall be sampled and tested, prior to processing, for beta lactam drug residue. When directed by the regulatory agency, additional testing for other drug residues shall be performed. Samples shall be analyzed for beta lactams and other drug residues by methods evaluated by the Association of Official Analytical Chemists (AOAC) and accepted by the Food and Drug Administration (FDA) as effective in determining compliance with "safe levels" or established tolerances. "Safe levels" and tolerances for particular drugs are established by the FDA.

2. Individual producer milk samples for beta lactam drug residue testing shall be obtained from each milk shipment, and shall be representative of all milk received from the producer.

3. A load sample shall be taken from the bulk milk shipment after its arrival at the plant and prior to further commingling. A sample shall be obtained at the plant using a procedure that includes all milk produced and received.

4. Follow-up to positive-testing. When a load sample tests positive for drug residue, industry personnel shall notify the appropriate state regulatory agency immediately, according to state policy, of the positive test result and of the intended disposition of the shipment of milk containing the drug residue. All milk testing positive for drug residue shall be disposed of in a manner that removes it from the human or animal food chain, except when acceptably reconditioned under FDA compliance policy guidelines.

5. Identification of producer. Each individual producer sample represented in the positive-testing load sample shall be singly tested as directed by the state regulatory agency to determine the producer of the milk sample testing positive for drug residue. Identification of the producer responsible for producing the milk testing positive for drug residue, and details of the final disposition of the shipment of milk containing the drug residue, shall be reported immediately to the state regulatory agency.

6. Milk shipment from the producer identified as the source of milk testing positive for drug residue shall cease immediately and may resume only after a sample from a subsequent milking does not test positive for drug residue.

7. Enforcement. A penalty sanctioned by the department shall be imposed on the producer for each occurrence of shipping milk testing positive for drug residue.

8. The producer shall review the "Milk and Dairy Beef Quality Assurance Program" with a licensed veterinarian within 30 days after each occurrence of shipping milk testing positive for drug residue. A signed copy of a certificate confirming that the "Quality Assurance Program" has been reviewed shall be signed by the responsible producer and a licensed veterinarian and forwarded to the department.

9. If a producer ships milk testing positive for drug residue three times within a 12-month period, the department shall initiate administrative procedures to suspend the producer's milk shipping privileges according to state policy.

10. Record of tests. Accurate records listing the results of drug residue tests for each load and individual producer shall be kept on file at the plant. Drug residue test results are to be retained for 12 months. Notifications to the department of positive drug residue tests and intended and final dispositions of milk testing positive for drug residue are to be retained for 12 months.

G. Pesticides.

Composite milk samples shall be sampled and tested for pesticides at a frequency which the department determines is adequate to protect the consumer. The test results from the samples shall not exceed established FDA limits. If a pesticide test is positive, an investigation shall be made to determine the cause and the cause shall be corrected. Milk and milk products containing residues in excess of actionable levels shall not be offered for sale.

R70-320-7. Animal Health.

A. Health of Herd.

1. General Health. All animals in the herd shall be maintained in a healthy condition, and shall be properly fed and kept.

2. Tuberculin Test. The herd shall be located in an area within the State which meets the requirements of a modified accredited area. If the herd is not located in such an area, it shall be tested annually under the jurisdiction of the aforesaid program. All additions to the herd shall be from an area or from herds meeting these same requirements.

3. Brucellosis Test. The herd shall be located in an area within the State which meets the requirements of a modified accredited area. If the area in which the herd is located does not meet these requirements, the herd shall be blood-tested annually or milk ring tested semi-annually. All additions to the herd shall be from an area or from herds meeting the requirements of Plan A for the eradication of brucellosis in accordance with the above Uniform Methods and Rules.

4. Mastitis and Drug Residues. Milk from cows known to be infected with mastitis or milk containing residues of drugs used in treating mastitis or any other infection shall not be sold or offered for sale for human food.

R70-320-8. Rejected Milk.

A. A plant shall reject specific milk from a producer if it fails to meet the requirements for sight and odor, as required by Subsection R70-320-6(B) or if it is classified No. 4 for sediment content, as required by Subsection R70-320-6(C) or if it fails to meet the provisions of Subsection R70-320-6(E), relating to abnormal milk.

B. Reject milk shall be identified with a reject tag, and harmless food coloring may be added.

C. Field Service. A fieldman shall visit each producer of probational status or reject milk within seven days from the date of the second consecutive substandard test to inspect equipment, utensils and methods of handling the milk and to make suggestions and recommendations for improving milk quality.

R70-320-9. Suspended Milk for Manufacturing.

A. The department may suspend the permit of a producer if one of the following occurs:

1. A new producer's milk does not meet the requirements for acceptable milk, as required by Subsections R70-320-6(C) and R70-320-6(D).

2. The milk has been in a probational (No. 3) sediment content classification for more than ten calendar days, as required by Subsection R70-320-6(C).

3. The milk has been classified "undergrade" for bacterial estimate for more than four successive weeks, as required by Subsection R70-320-6(D).

4. If three out of the last five samples tested for somatic cells exceed the allowable limit, as required by Subsection R70-320-6(E).

5. A growth inhibitor or pesticide residue exceeds actionable level, as required by Subsection R70-320-6(F).

6. If the producer refuses to permit farm inspection.

B. When a plant discontinues receiving milk from a producer for any of the reasons listed in this section, it shall notify the Department immediately and confirm such act in writing.

C. Milk from a producer whose milk has been excluded from the market may be re-accepted by a plant when the cause for exclusions has been corrected and the milk classified as acceptable.

R70-320-10. Testing of Milk.

A. Testing. An examination shall be made on the first shipment of milk from producers shipping milk to a plant for the first time or after a period of non-shipment. The milk shall meet the requirements for acceptable milk. Thereafter milk shall be tested in accordance with the rule.

B. Transfer producers.

1. When a producer discontinues milk delivery to one plant and begins delivery to a different plant, the dairy farm shall be inspected by the Department and shall have a passing score before milk is shipped.

2. Quality control records may be obtained from the previous buyer for the previous six month period. The new buyer shall examine and classify each transfer producer's first shipment of milk and shall subsequently examine shipment in accordance with this rule.

R70-320-11. Record of Tests.

Accurate records listing the results of quality tests of each producer shall be kept on file at the receiving plant for not less than twelve months and shall be available for examination by the Department.

R70-320-12. Farms Producing Milk for Manufacturing.

A. Milking Facility and Housing.

1. A milking barn or milking parlor of adequate size and arrangement shall be provided to permit normal sanitary milking operations. It shall be well lighted and ventilated, and the floors and gutters in the milking area shall be constructed of concrete or other impervious material. The facility shall be kept clean, the manure removed daily and no swine, fowl, or other animals shall be permitted in any part of the milking area. Concentrates and feed, if stored in the building, shall be kept in a tightly covered box or bin.

2. Animal biologics and other drugs intended for treatment of animals, and insecticides approved for use in dairy operations, shall be clearly labeled and used in accordance with label instructions, and shall be stored in a manner which will prevent accidental contact with milk and milk contact surfaces. Only drugs that are approved by the FDA or biologics approved by the USDA for use in dairy animals that are properly labeled according to FDA or USDA regulations shall be administered. When drug storage is located in the milkroom, milkhouse, or milking area, the drugs shall be stored in a closed, tight-fitting storage unit. Drugs shall be segregated in such a way so that drugs labeled for use in lactating dairy animals are separated from drugs labeled for use in non-lactating dairy animals.

3. The yard or loafing area shall be of ample size to prevent overcrowding, shall be drained to prevent forming of water pools, and shall be kept clean.

B. Milking Procedure.

1. The udders and flanks of all milking cows shall be kept clean. The udders and teats shall be washed, sanitized and wiped dry with a clean damp cloth, paper towel or any other sanitary method. The milker's clothing shall be clean and his hands clean and dry. No person with an infected cut or open sore on the person's hands or arms shall milk cows, or handle milk or milk containers, utensils or equipment.

2. Milk stools and surcingles shall be kept clean and properly stored. Dusty operations shall not be conducted immediately before or during milking.

3. Milk must be protected against contamination while straining.

C. Cooling

1. Milk shall be cooled to 45 degrees F or lower within two hours after each milking and maintained at 45 degrees F or lower until transferred to the transport tank.

D. Milkhouse or Milkroom.

1. A milkhouse or milkroom conveniently located and properly constructed, lighted, and ventilated shall be provided for handling and storing the utensils and equipment. It shall not be used for any other purpose, and shall be equipped with hot water, two compartment wash vat, utensil rack and cooling facilities for the milk. It shall be partitioned, sealed, and screened to prevent the entrance of dust, flies, or other contamination. The floor of the building shall be of concrete or other impervious material and graded to a drain. The walls and ceilings shall be constructed of smooth easily cleaned material. All outside doors shall be self-closing. At least 20 foot candles of light shall be provided in all working areas.

2. The farm tank shall be properly located in the milkroom. There shall not be less than 18 inches clearance with 24 inches recommended on three sides of the tank and a minimum of 36 inches on the outlet side of the tank for access to all areas for cleaning and servicing. It may not be located over a floor drain, under a ventilator or under a light fixture.

3. An adequate platform or slab constructed of concrete or other impervious material shall be provided outside the milk house, properly centered under a suitable port opening in the wall of the milkhouse. The opening shall be fitted with a tight self-closing door. The truck approach to the milkhouse or milkroom shall be properly graded and surfaced to prevent mud or pooling of water at the point of loading.

4. Building plan approval. Plans for new dairy building construction or remodeling shall be submitted to the Department for approval before construction begins.

E. Utensils and Equipment.

1. Utensils, milk coolers, milking machines (including pipeline systems) and other equipment used in the handling of milk shall be maintained in good repair, and shall be washed, rinsed and drained after each milking, stored in suitable facilities, and sanitized immediately before use. Farm bulk tanks shall meet 3-A Sanitary Standards for construction at the time of installation and shall be properly installed.

F. Water Supply.

1. The dairy farm water supply shall be approved, properly protected and of safe, sanitary quality, and have ample water and pressure for the cleaning of dairy utensils and equipment.

2. An automatic hot water storage tank (pressure type) of adequate size shall be provided but shall not be less than 30 gallon capacity and equipped with a thermostat capable of maintaining water temperature at least 140 degrees F. Gas water heaters, if used, shall be properly ventilated.

G. Sewage Disposal. Sewage shall be disposed of in a manner that complies with the State Health and EPA requirements.

H. There shall be available in the milkhouse or room a dairy type thermometer, accurate within two degrees F., integral with the tank construction or operation. The driver shall possess an accurate approved type thermometer. The driver shall check periodically the thermometer by a qualified method to determine its accuracy. Thermometers must be properly sanitized before each use.

I. Qualifications for Farm Certification. Farm certification requires compliance with the items listed on the Farm Certification Report Form as follows:

1. A rating of satisfactory for all items in A--Facilities and

2. A total rating of not less than 85 percent for the applicable items in B--Methods, provided no individual item is rated less than 75 percent of its maximum score.

R70-320-13. Minimum Specifications for Licensed Dairy Plants.

A. Building, Facilities, Equipment and Utensils.

1. Premises. The plant area and surroundings shall be kept clean. A drainage system shall be provided for rapid drainage of all water from plant buildings, including surface water around the plant and on the premises.

a. There shall be provided an area properly designed and constructed for the unloading and washing of bulk milk transport trucks. It will have a concrete floor sloped to a trapped drain.

(1) If the area is completely enclosed (walls and ceiling with the doors closed) during the unloading process and the dust cover or dome and the manhole cover is opened slightly and held in this position by the metal clamps used to close the cover then a filter is not required. However, if the dust covers and/or manhole cover is open in excess of that provided by the metal clamps or the covers have been removed, a suitable filter is required for the manhole.

(2) If the area is not completely enclosed or doors of the unloading area are open during unloading, a suitable filter is required for the manhole and/or air inlet vent and suitable protection must be provided over the filter material either by design of the filter holding apparatus or a roof or ceiling over the area. Direct connections from milk tank truck to milk tank truck must be made from valve to valve and not through the manhole and the dust cover dome of the milk tank truck.

2. Buildings.

a. Construction and Maintenance. Buildings shall be of sound construction, and the exterior and interior shall be kept clean and in good repair to protect against dust, dirt, and mold, and to prevent the entrance or harboring of insects, rodents, vermin, and other animals.

(1) Outside doors, windows, skylights, and transoms shall be screened or otherwise covered. Outside doors shall open outward and be self-closing or be protected against the entrance of rodents and flies. Those leading to processing rooms shall be of metal construction. Window sills on new construction shall be sloping. Outside conveyor openings and other special type outside openings shall be protected by doors, screens, flaps, fans or tunnels. Outside openings for sanitary pipelines shall be covered when not in use; and service-pipe openings shall be completely cemented or have tight metal collars.

(2) All rooms, compartments, coolers, freezers, and dry storage space in which any raw material, packaging or ingredient supplies, or finished products are handled, processed, manufactured, packaged, or stored shall be so designed and constructed as to assure clean and orderly operations. Rooms for receiving milk shall be separated from the processing rooms by a partition or suitable arrangement of equipment or facilities to avoid contamination of milk or dairy products. Boiler and tool rooms shall be separated from other rooms. Toilet and dressing rooms shall be conveniently located and shall not open directly into any room in which milk, dairy products, or ingredients are handled, processed, packaged, or stored. Doors of all toilet rooms shall be self-closing, and fixtures shall be kept clean and in good repair.

(3) Plans for new plant construction or remodeling of existing plants shall be submitted to the Department for approval prior to such new construction or remodeling.

b. Interior Finishing. In all rooms, in which milk or dairy products are received, handled, processed, manufactured, packaged, or stored, except dry storage of packaged finished products, or in which equipment or utensils are washed; the walls, ceilings, partitions, and posts shall be smoothly finished with a washable material of light color that is impervious to moisture. The floors in these rooms shall be of concrete or other impervious material and shall be smooth, properly graded to drain, and have drains trapped. The plumbing shall be so installed as to prevent back-up sewage into the plant. On new construction or extensive remodeling, the floors shall be joined and coved with the walls to form watertight joints. Sound, smooth, wood floors may be used in certain packaging rooms where the nature of the product permits. Toilet and dressing rooms shall have impervious floors and smooth walls.

c. Ventilation. All rooms and compartments (including storage space and toilet and dressing rooms) shall be ventilated to maintain sanitary conditions, prevent undue condensation of water vapor, and minimize or eliminate objectionable odors.

d. Lighting. Lighting, whether natural or artificial, shall be of good quality and well distributed in all rooms and compartments. All rooms where milk or dairy products are handled, processed, manufactured, or packaged, or where equipment or utensils are washed, shall have at least 30 foot-candles of light intensity on all working surfaces; areas where dairy products are examined for condition and quality, at least 50 foot-candles of light intensity; and all other rooms, at least 5 foot-candles of light intensity measured 30 inches above the floor. Light bulbs and fluorescent tubes shall be protected against shattering and/or falling into the product if broken.

e. Laboratory. Consistent with the size of the plant and the volume and variety of products manufactured, an adequate laboratory shall be provided, maintained, and properly staffed with qualified and trained personnel for quality control and analytical purposes. It shall be located reasonably close to the processing activity in a well lighted and ventilated room of sufficient size to permit proper performance of the tests necessary to evaluate the quality of raw and finished products. A central or commercial laboratory that serves more than one plant and that provides the same services may be utilized.

3. Facilities.

a. Water Supply. Both hot and cold water of safe and sanitary quality shall be available in sufficient quantity for all plant operations and facilities. Water from other lines, when officially approved, may be used for boiler feed water and condenser water, if such water lines carrying the sanitary water supply, and the equipment is so constructed and controlled as to preclude contamination of any milk product or milk product contact surface. There shall be no cross connections between safe and unsafe water lines. Culinary water in the plant is to be from an approved source.

(1) Bacteriological examination shall be made of the plant sanitary water supply at least once every six months by the appropriate regulatory agency to determine purity and safety for use in processing or manufacturing dairy products.

b. Employee Facilities. In addition to toilet and dressing rooms, the plant shall provide the following employee facilities: conveniently located sanitary drinking water; a locker or other suitable facility for each employee; handwashing facilities, including hot and cold running water, soap or other detergents and sanitary towels or air driers, in or adjacent to toilet and dressing rooms and at other places where necessary for the cleanliness of all personnel handling products and self-closing containers for used towels and other wastes.

(1) A durable, legible sign shall be posted conspicuously in each toilet and dressing room directing employees to wash their hands before returning to work.

c. Steam. Steam shall be supplied in sufficient volume and pressure for satisfactory operation of each applicable piece of equipment. Steam that may come into direct contact with milk or dairy products shall be conducted through a steam strainer and purifier equipped with a steam trap and shall be free from any compounds that may contribute flavors or endanger health. Only non-toxic boiler compounds shall be used.

d. Disposal of Wastes. The plant sewage system shall have sufficient slope and capacity to remove readily all waste from processing operations. Where a public sewer is not available, wastes shall be disposed of by methods approved by the appropriate government agency. Containers for the collection and holding of wastes shall be constructed of metal or other equally impervious material, kept covered with tight-fitting lids, and placed outside the plant on a concrete slab or on a rack at least 12 inches above the ground. Solid wastes shall be disposed of regularly and the containers cleaned before reuse, and dry waste paper shall be properly disposed of.

4. Equipment and Utensils.

a. Construction and Installation.

New equipment shall meet 3-A Sanitary Standards designed for the intended use. Equipment and utensils coming in contact with milk or dairy products, including sanitary pumps, piping, fittings, and connections, shall be constructed of stainless steel or equally corrosion resistant material; except that, where the use of stainless steel is not practicable. Copper kettles for swiss cheese and copper evaporators and brass fillers for evaporated milk may be approved if free from corroded surfaces and kept in good condition. Wooden churns in use may be approved temporarily if maintained in good condition. Nonmetallic parts having product contact surfaces shall be of material that is resistant to abrasion, scratching, scoring and distortion, is non-toxic, fat-resistant, and relatively inert or non-absorbent or insoluble, and that will not adversely affect the flavor of the products.

(1) All equipment and piping shall be so designed and installed as to be easily accessible for cleaning and shall be kept in good repair and free from cracks and corroded surfaces. Milk pumps shall be of a sanitary type and easily dismantled for cleaning. New or rearranged equipment shall be set out at least 24 inches from any wall or spaced at least 24 inches between pieces of equipment that measure more than 48 inches on the parallel sides. (This shall not apply between storage tanks when the face of the tanks extends through the wall into the processing room.) All parts or interior surfaces of equipment, pipes (except certain piping cleaned in place), or fittings, including valves and connections, shall be accessible for inspection. Cleaned-in-place sanitary piping shall be properly installed and self-draining. Welded sanitary pipeline systems when used with C-I-P cleaning will be acceptable if properly engineered and installed.

b. Pasteurization Equipment.

Where pasteurization is intended or required, an automatic flow-diversion valve and holding tube, or its equivalent if not part of the existing equipment, shall be installed on all high-temperature short-time pasteurizing equipment to assure complete pasteurization. Equipment and operation shall be in accordance with 3-A Accepted Practices for the Sanitary Construction, Installation, Testing and Operation of High Temperature Short-Time Pasteurizers.

(1) Long stem indicating thermometers that are accurate within plus or minus 0.5 degrees F, for the applicable temperature range, shall be provided for determining temperatures of pasteurization of products in vats and for verifying the accuracy of recording thermometers. Short-stem indicating thermometers that are accurate within plus or minus 0.5 degrees for the applicable temperature range shall be installed in the proper stationary position in all high-temperature short-time and dome-type pasteurizers and all storage tanks where temperature readings are required.

(2) Recording thermometers that are accurate within 1 degree F plus or minus, between 142 degrees and 145 degrees F or in the case of 15-second pasteurization between 160 degrees and 163 degrees F shall be used on each pasteurizer to record pasteurization temperature.

c. Cleaning and Sanitizing. Equipment, sanitary piping, and utensils used in receiving, storing, processing, manufacturing, packaging, and handling of milk or dairy products, and all product contact surfaces of homogenizers, high-pressure pumps, and high-pressure lines shall be kept clean and sanitary. Stacks, elevators, conveyors, and the packing glands on all agitators, pumps, and vats shall be inspected at regular intervals and kept clean. Equipment coming in contact with milk or dairy products shall have effective bactericidal or sanitizing treatment immediately before use.

(1) Equipment not designed for C-I-P cleaning shall be disassembled daily and thoroughly cleaned and sanitized. Dairy cleansers, wetting agents, detergents, sanitizing agents, or other similar material may be used that will not contaminate or adversely affect dairy products. Steel wool or metal sponges shall not be used in the cleaning of any dairy equipment or utensils.

(2) C-I-P cleaning shall be used only on equipment and pipeline systems that are designed and engineered for that purpose. Installation and cleaning procedures shall be in accordance with 3-A Method for the Installation and Cleaning of Cleaned-in-Place Sanitary Milk Pipelines for Milk and Milk Products Plants.

(3) Areas and equipment which can't be cleaned with water in the plant shall be thoroughly vacuumed regularly with a heavy-duty industrial vacuum cleaner and the material picked up shall be disposed of to destroy any insects present.

B. Plant Operations.

1. Milk and Milk Products.

All milk and milk products, including concentrated milk and milk products, shall be packaged at the plant where final pasteurization is performed. Such packaging shall be done without undue delay following final pasteurization.

a. Pasteurization.

When pasteurization is intended or required, or when a product is designated "pasteurized", pasteurization shall be accomplished by heating every particle of milk or skim milk to a temperature of not less than 145 degrees F and cream and other milk products to at least 150 degrees F and ice cream mix to at least 155 degrees F and holding them at those temperatures continuously for not less than 30 minutes, or milk or skim milk to a temperature of 161 degrees F and cream and other milk products to at least 166 degrees F for not less than 15 seconds, and ice cream mix to at least 175 degrees F for not less than 25 seconds, or by any other combination of temperature and time giving equivalent results. The phenol value of the pasteurized product shall be no greater than the maximum specified for the particular product, as determined by the phosphatize test, Method II, of the latest edition of "Official Methods of Analysis of the Association of Official Analytical Chemists".

b. Cream for Buttermaking. Cream for buttermaking shall be pasteurized at a temperature of not less than 165 degrees F and held continuously in a vat at such temperature for not less than 30 minutes, or at a temperature of not less than 185 degrees F for not less than 15 seconds, or any other temperature and holding time approved by the Department that will assure pasteurization and comparable keeping quality characteristics. If the vat method of pasteurization is used, vat covers shall be kept closed during the holding and cooling periods.

2. Cooling.

Processed fluid milk products shall be cooled promptly after heat treatment to such a temperature as will adequately inhibit development or other deterioration of quality.

3. Storage.

a. Utensils and portable equipment.

Utensils and portable equipment used in processing operations shall be stored above the floor, in clean, dry locations, and in self-draining positions on racks constructed of impervious, corrosion resistant material.

b. Raw product storage.

All milk shall be held and processed under conditions and at temperatures that will avoid contamination and rapid deterioration. Drip milk from can washers or any other source shall not be used for the manufacture of dairy products. Bulk milk in storage tanks within the dairy plant shall be handled in such a manner as to minimize bacterial increase and shall be maintained at 45 degrees F. or lower until processing begins. This does not preclude holding milk at higher temperatures for a period of time, where applicable to particular manufacturing or processing practices.

The bacteriological estimate of commingled milk in storage tanks shall be 1 million per m. or lower.

c. Non Refrigerated Products.

Dairy products in dry storage shall be arranged in aisles, rows, sections, or lots or in such a manner as to be orderly and easily accessible for inspection and as to permit adequate cleaning of the room. Dunnage or pallets shall be used when applicable. Dairy products shall not be stored with any product that would damage them or impair their quality. Open containers shall be carefully protected from contamination.

d. Refrigerated Products. All products requiring refrigeration shall be stored under such optimum temperatures and humidity as will maintain their quality and condition. Products shall not be placed directly on the floors or be exposed to foreign odors or conditions such as dripping or condensation that might cause package or product damage.

e. Supplies.

Items in supply rooms shall be kept clean and protected and be so arranged as to permit inspection of supplies and cleaning and spraying of the room. Insecticides and rodenticides shall be properly labeled, segregated, and stored in a separate room or cabinet away from milk or dairy products or packaging supplies.

4. Laboratory Control Tests.

Quality control tests shall be made on flow samples as often as necessary to check the effectiveness of processing in order to correct processing deficiencies. Routine analyses shall be made on raw materials and finished products to assure adequate composition control. When applicable, keeping quality tests shall be made to determine product stability.

5. Packaging and General Identification.

a. Packaging. Dairy products shall be packaged in commercially acceptable containers or packaging material that will protect the quality of the contents in regular channels of trade. Prior to use packaging materials shall be protected against dust, mold and other possible contamination.

b. Butter liners shall be of approved plastic or waxed covered parchment or other material that may be approved by the Department.

c. General Identification.

Commercial bulk shipping containers for dairy products shall be legibly marked with the name of the product, net weight or content, name and address of processor, manufacturer or distributor, and plant license number. Consumer-packaged products shall be legibly marked with the name of product, net weight, or content, and name and address of packer or distributor.

C. Plant Licensing.

1. Qualifications.

Plant licensing requires compliance to specifications in Section 8a through 8c. In addition, licensing requires that

a. not more than 10 percent of the cans (including lids) shall show open seams, cracks, rust, milkstone, or any unsanitary condition;

b. where pasteurization is intended or required, and a high-temperature short-time unit is used, it shall be equipped with a flow-diversion valve and holding tube or its equivalent; and

c. a safe water line shall be provided with no cross-connections between safe and unsafe lines.

R70-320-14. Licensing Plant, Milk Graders, and Bulk Milk Collectors.

A. Necessity for Plant License.

Every plant receiving or processing milk for the manufacture of dairy products shall be inspected and licensed as provided in Section R70-320-13. A new plant shall be inspected and licensed as provided in Section R70-320-13 before buying or processing any milk for the manufacture of dairy products. No unlicensed plant shall handle, purchase or receive milk or manufacture dairy products therefrom.

1. All licensed plants shall be evaluated at least semi-annually after issuance of the initial license to determine eligibility for license renewal. The inspection procedure for license renewal shall be the same as that for initial licensing.

B. Application for License.

Applications to the Department for a new or renewal license for dairy plants, milk graders, and bulk milk haulers shall contain the name and address of the applicant and such other pertinent information as may be required.

C. Plant Inspection.

Each plant shall be inspected by a compliance officer. If, upon initial inspection, the compliance officer finds that the plant meets the requirements for licensing described in Subsections R70-320-8(A) and R70-320-8(C) and Sections R70-320-15 and R70-320-16, as indicated by the Plant Inspection Report Form, a license shall be issued to the plant as described in Section R70-320-13. If the plant does not meet the requirements for licensing, the plant shall be re-inspected by a compliance officer within 30 days of the initial inspection. A longer time may be allowed if major changes or new equipment is required. If at this time the plant meets the requirements for licensing, a license shall be issued. If the plant does not meet the requirements for licensing, it shall not be licensed, and its authorization to handle, purchase, or receive milk or to manufacture dairy products therefrom shall be withheld until such time as the plant qualifies for a license. The plant will be charged for mileage expended by the Department for any subsequent visits required for certification of the plant. Each completed Plant Inspection Report Form shall be left at the plant and a copy shall be kept by the Department.

D. Issuance of License.

1. Dairy Plants.

The Department shall license dairy plants that meet the specifications of Sections R70-320-13, R70-320-15 and R70-320-16 based upon the inspection procedure described in Section R70-320-13. The license certification shall be posted conspicuously at the plant. The license shall authorize the plant to test, purchase, and receive milk for manufacturing purposes and to manufacture dairy products therefrom, in compliance with the applicable provisions of the Utah Dairy Act and the rules and regulations issued pursuant thereto.

2. Milk Graders and Bulk Milk Haulers.

The Department shall license milk graders and bulk milk haulers who meet the requirements prescribed by the Department. The licenses of milk graders and bulk milk haulers shall authorize them to grade, accept, and reject raw milk in accordance with the provisions of Section R70-320-6.

E. Expiration, Suspension, and Revocation of License.

Licenses shall expire and become renewable each year the 31st of December, unless revoked earlier, and no license shall be transferable. If at any time an inspector determines that a licensed plant does not meet the requirements for licensing, he may allow a reasonable probationary period for the operator to bring his plant within the requirements for licensing.

If at the end of this time the plant does not meet the licensing requirements, the Department may revoke the plant license. The Department may suspend or revoke licenses of bulk milk haulers for any violation of these rules or Title 4, Chapter 3. An opportunity for a hearing shall be provided any licensee before suspension or revocation of this license.

F. Reinstatement.

If, after a period of withholding, probation, or revocation of a plant license, the operator makes the necessary corrections at the plant, he may apply to the Department for re-inspection and reinstatement. When the compliance officer determines that requirements for licensing have been met, the Department shall issue a license to the plant. The reinstatement of licenses for milk graders and bulk milk haulers which have been suspended or revoked shall be made only after satisfying the Department of their qualifications.

R70-320-15. Records Required to be Kept by Plants.

A. Availability.

All records required to be kept by plants shall be available for examination by the Department at all reasonable times.

B. Farm Certification Report Forms.

A copy of completed Farm Certification Report Forms shall be kept on file at the plant for at least 24 months.

C. Milk Quality Test Records.

Accurate records listing the results of quality tests on each producer's milk shall be kept on file at the plant for at least 12 months.

D. Water Supply Test Records.

The results of all plant water supply tests shall be kept on file at the plant for at least 12 months.

E. Laboratory Control Test Records.

Records of all laboratory control tests shall be kept on file at the plant for at least 12 months.

F. Pasteurization Recorder Charts.

Recorder charts showing the pasteurization record for each day shall be appropriately marked with the name of the product, date, and signature of the operator. The charts shall be kept on file at the plant for at least three months.

R70-320-16. Personnel Cleanliness and Health.

A. Cleanliness.

Plant employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. They shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form shall be prohibited in rooms and compartments where milk or dairy products are unpacked or exposed. Clean white or light colored washable outer garments and caps (paper caps or hairnets are acceptable) shall be worn by all persons engaged in handling milk or dairy products.

B. Health.

(1) No person afflicted with a communicable disease shall be permitted in any room or compartment where milk or dairy products are prepared, processed, or otherwise handled. No person who has a discharging or infected wound or sore, or lesion on hands, arm or other exposed portions of the body shall work in any plant processing or packaging rooms or in any capacity resulting in contact with milk or dairy products including dairy farms and bulk milk haulers.

(2) An employee returning to work following illness from a communicable disease shall have a certificate from his attending physician to establish proof of complete recovery.

R70-320-17. Transportation of Raw Milk.

A. Transportation of Milk.

Vehicles used for the transportation of milk shall be of the enclosed type, constructed and operated to protect the product from extreme temperatures, dust, or other adverse conditions, and they shall be kept clean.

B. Transport Trucks.

1. Construction.

Transport tanks shall be stainless steel lined and so constructed that the lining will not buckle, sag, or prevent complete drainage. All milk contact surfaces shall be smooth, easily cleaned, and maintained in good repair. The pump and hose cabinet shall be fully enclosed with tight-fitting doors. New and replacement transport tanks shall meet the applicable 3-A Sanitary Standards for Milk Transport Tanks.

2. Transfer of Milk to Transport Tank.

Milk shall be transferred from farm bulk tanks to transport tanks through stainless steel piping or approved tubing under sanitary conditions. This sanitary piping and tubing shall be clean and capped when not in use.

3. Cleaning and Sanitizing.

A covered or enclosed washing dock and other facilities shall be available for all plants that receive or ship milk in tanks. Milk transport tanks, sanitary piping, fittings, and pumps shall be cleaned and sanitized at least once each day, after use; provided that, if they are not to be used immediately after emptying a load of milk, they shall be washed promptly after use and given bactericidal treatment immediately before use. Whenever a milk tank truck has been cleaned and sanitized as required by the regulatory agency, it shall bear a tag, or a record shall be made showing the date, time, place and signature of the employee or contract hauler doing the work unless the truck delivers to only one receiving unit where responsibility for cleaning and sanitizing can be definitely established without tagging. The tag shall not be removed until the tank is again washed and sanitized.

4. Transportation Trucks, Tanks, and Accessories.

The transportation truck, tank and accessories shall be used for no other purpose than the handling of milk unless such use is approved by the Department.

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 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.

R70-320-19. Supervision.

A. Regulatory Agency. The Department to insure compliance with the provisions of these rules shall:

1. Make periodic examinations of milk from a representative number of producers at each plant to determine whether the milk is being graded and tested in accordance with the applicable provisions of Section R70-320-6.

2. Examine the quality records of transfer producers at each plant periodically and when necessary determine the acceptability of such producer's milk.

3. Make periodic farm inspections and compare the results of such inspections with the completed Farm Certification Report Forms on file at the plant to determine whether the fieldmen are making proper inspections and reports.

4. Periodically examine the completed Farm Certification Report Forms and milk quality test records on individual producers at each plant.

5. Periodically inspect plant premises, buildings, equipment, facilities, operations, and sanitary practices.

6. Assist plant management, laboratory and field staffs with educational programs among producers relating to quality improvements of milk.

7. Perform such other services and institute such other supervisory procedures as may be necessary to ensure compliance with the provisions of these rules.

KEY

dairy inspections, raw milk

Date of Enactment or Last Substantive Amendment

January 29, 2013

Notice of Continuation

January 12, 2017

Authorizing, Implemented, or Interpreted Law

4-2-2(1)(j); 4-3-2


Additional Information

Contact

For questions regarding the content or application of rules under Title R70, please contact the promulgating agency (Agriculture and Food, Regulatory Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.