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 R70-330. Raw Milk for Retail.

As in effect on Septemberr 1, 2018

Table of Contents

R70-330-1. Authority.

1) Promulgated under the authority of Section 4-3-2.

2) This rule establishes the requirements for the manufacture, production, distribution, holding, delivery, storage, offering for sale and sale of raw milk for retail.

R70-330-2. Definitions.

1) "Raw milk" means milk that has not been pasteurized, or heat treated. The word milk shall be interpreted to include the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy hoofed mammals.

2) "Properly staffed" means a person or persons on premise available to sell milk, exchange money, and lock and secure the retail store.

3) "Department" means the Utah Department of Agriculture and Food.

R70-330-3. Permits.

A permit shall be required to manufacture, distribute, sell, deliver, hold, store or offer for sale raw milk. Such permit shall be suspended when these rules or applicable sections of the Utah Dairy Act, Utah Code Annotated (UCA), Vol. 1, Title 4, Chapter 3, are violated.

R70-330-4. Building and Premises Requirements.

1) The building and premises requirements at the time of the issuance of a new permit shall be the same as the current Grade A building guidelines.

2) In addition, there shall be separate rooms provided for:

a) packaging and sealing of raw milk;

b) the washing of returned multi-use containers; and

c) a sales room for the sale of raw milk in a properly protected area that is not located in any of the milk handling rooms

i) these rooms shall meet or exceed the construction standards of a Grade A milkhouse.

3) Animals which are not used for the production of milk shall be restricted from the:

a) milkhouse;

b) milk barn;

c) areas immediately surrounding the milkhouse and milk barns;

d) areas where cow or goat normal traffic; and

e) areas where milk customers are located.

R70-330-5. Sanitation and Operating Requirements.

1) Sanitation and operating requirements of all raw milk facilities shall be the same as that required on a Grade A dairy farm producing milk for pasteurization. Milk packaging areas and container washing areas at the raw milk facilities shall meet the requirements for Grade A pasteurized milk processing plants.

2) Milk not handled in a manner required by this rule shall be deemed adulterated and shall not be sold.

3) All milk shall be cooled to 50 degrees F. or less within one hour of the commencement of milking and to 41 degrees F. or less within two hours after the completion of milking.

a) The blend temperature after the first milking and subsequent milkings shall not exceed 50 degrees.

4) All raw for retail farm bulk milk tanks put into use on or after August 7, 2007 shall be equipped with an approved temperature-recording device, in addition to the indicating thermometer. Daily temperature logs shall be maintained for bulk milk tanks in use prior to August 7, 2007.

5) The recording thermometer shall be:

a) in compliance with the current technical specification in the Pasteurized Milk Ordinance;

b) operated continuously;

c) maintained in a properly functioning manner;

d) installed near the milk storage tank; and

e) accessible to the department

5) Recording thermometer charts shall:

a) properly identify the producer, date, and signature of the person removing the chart; and

b) be maintained on the premises for a minimum of six (6) months and available to the department

i) circular recording charts shall not overlap.

6) The temperature of the milk at the time of bottling shall not exceed 41 degrees F.

7) The sale and delivery of raw milk shall be made on the premise where the milk is produced and packaged, or at a self-owned, properly staffed, retail store.

a) Sanitation and construction requirements of the facilities used as self-owned, retail stores shall be the same as those contained in the Wholesome Food Act, Title 4, Chapter 5.

b) Transportation shall be done by the producer with no intervening storage, change of ownership, or loss of physical control.

i) The temperature of the milk shall be maintained at 41 degrees F or below. Each display case shall have a properly calibrated thermometer, and a daily temperature log shall be maintained and made accessible to the Department.

8) Raw milk brick cheese, when held at no less than 35 degrees F. for 60 days or longer, may be sold at retail stores or for wholesale distribution, at locations other than the premise where the milk was produced.

9) Except as provided above, all products made from raw milk shall not be allowed for sale in Utah.

10) Milk that has been heat treated, shall not be labeled as "Raw Milk" for retail sale.

11) Inspections of the self-owned retail store shall be performed no less than four times per year to insure compliance with the sanitation, construction, and cooling requirements as set forth in the Wholesome Food Act, Title 4, Chapter 5.

R70-330-6. Bacteriological Standards.

1) The bacterial standards for raw milk shall be a bacterial count of no more than 20,000 per ml. and a coliform count of no more than 10 per ml.

2) The department shall suspend a permit issued under Section 4-3-8 if two out of four consecutive samples or two samples in a 30-day period violate the sample limits established in this rule.

R70-330-7. Raw Milk for Retail Testing.

1) Unpackaged Raw Milk

a) The Department shall:

i) collect a representative sample of milk from each Raw for Retail farm bulk tank once each month;

ii) deliver all samples to the State Dairy Testing Laboratory; and

iii) administer tests including those prescribed for Raw Milk for Pasteurization as found in the Pasteurized Milk Ordinance.

b) The Somatic Cell Count (SCC) in unpackaged raw milk for retail shall not exceed 400,000 cells per milliliter (ml) for cows, and not to exceed 1,500,000 cells per ml for goats.

c) When three out of five samples fail to meet this standard in a 5-month period, the Department shall suspend the raw for retail permit. The suspension shall remain effective until a sample result meets the standard. A temporary permit shall be issued at that time. The permit shall be fully reinstated when three of five samples meet the standard in a five-month period.

2) Packaged Raw Milk sold on Premise

a) The department shall:

i) collect a representative sample of packaged raw milk once each month;

ii) deliver samples to the State Dairy Testing Laboratory; and

iii) administer tests including those prescribed for Grade "A" Pasteurized milk as found in the Pasteurized Milk Ordinance.

3) Packaged Raw Milk sold at Self-Owned Retail Stores

a) The producer shall:

i) have a sampler certified by the Department collect a sample from each batch of milk;

ii) submit the sample to the State Dairy Laboratory or a certified independent laboratory to be tested for Antibiotic Drug Residue, Standard Plate Count (SPC) and Coliform Count; and

iii) withhold all milk from the sampled batch from sale until the results of the tests are known.

b) When a sample result exceeds the standard in any of the prescribed categories the producer shall:

i) not allow the milk to enter into commerce;

ii) recall all milk from the failed batch already in commerce; and

iii) dispose of the milk in a manner agreeable to the Department.

c) The producer shall keep and make available to both the department and the Utah Department of Health a database of all customers, which shall include:

i) names,

ii) addresses,

iii) telephone numbers of customers,

iv) dates of purchases, and

v) amounts of milk purchased.

d) If another agency's epidemiological investigation finds probable cause to implicate a raw for retail dairy in a milkborne illness outbreak, the Raw for Retail Permit may be suspended by the Department until such time as milk samples are pathogen free when analyzed by the Department or other Department approved testing laboratories, and until an inspection can be performed at the facility by a Compliance Officer from the Department.

R70-330-8. Animal Health.

1) No testing for disease shall be required when the USDA/APHIS has determined Utah is "Certified Free" of a zoonotic disease relative to an animal species which is milked for human or animal consumption.

2) Testing shall be required when USDA/APHIS has determined that Utah is not "Certified Free" of a zoonotic disease.

a) Tests shall be conducted in the following manner:

i) each animal shall be examined by a veterinarian prior to inclusion in a raw milk supply,

ii) examination by veterinarians shall be conducted every six months;

iii) each animal in the herd must be positively identified as an individual

iv) the examination shall include an examination of the milk by a method recommended by the Pasteurized Milk Ordinance, and

vi) the test shall include a statement of the udder health of each animal, and a general systemic health evaluation.

b) Tuberculosis tests shall be conducted in the following manner:

i) each animal shall have been tested for tuberculosis within 60 days prior to the beginning of milk production;

ii) each animal shall be retested for tuberculosis once each year; and

iii) all positive reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11.

c) Each bovine animal from which raw milk for retail is produced shall be positively identified as a properly vaccinated animal or shall be negative to the official blood test for brucellosis within 30 days prior to the beginning of each lactation.

i) All positively reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11.

ii) Goats and sheep shall be tested once each year for brucellosis with the official blood test and all positively reacting animals shall be sent to slaughter in accordance with R58-10 and R58-11.

3) All bulk tank shall be tested at least four times yearly with the brucella milk ring test.

a) If such brucella ring test is positive for brucellosis, each animal in the herd shall be tested with the official blood test and any reactors found shall be immediately sent to slaughter in accordance with R58-10 and R58-11.

4) This section shall not apply whenever the Utah State Veterinarian has determined that an animal species in Utah which is milked for human or animal consumption is not at risk for a specific zoonotic disease.

R70-330-9. Personnel Health.

1) Each employee of the dairy involved in the milk handling operation shall obtain a valid medical examination health card signed by a physician and approved by the department once each year and shall hold a valid food handler's permit.

2) No person shall work in a milk handling operation if infected from any contagious illness or if they have on their hands or arms any exposed infected cut or lesion.

3) The department may ask for an additional certification from a physician that a person is free from disease which may be transmitted by milk.

R70-330-10. Packaging and Labeling.

1) The label shall meet the requirements outline in the Utah Dairy Act.

2) In addition:

a) Containers for raw milk for retail shall be furnished by the permittee and shall be labeled with the following:

i) marked as "Raw Milk" without grade designation;

ii) if it is other than cow's milk, the word "milk" shall be preceded with the name of the animal, i.e., "Raw Goat Milk";

iii) the name, address, and zip code of the place of production and packaging;

iv) volume of the product;

v) The phrase: "Raw milk, no matter how carefully produced, may be unsafe",the height of the smallest letter shall be no less than one eighth inch; and

vi) The phrase: "Keep Refrigerated", the height of the smallest letter no less than one eighth inch; and

vii) the words "raw" and "milk" shall be the same size lettering.

3) Products not labeled as required shall be deemed misbranded.

R70-330-9. Limitations on Raw Milk Distribution.

1) Raw milk distribution to the public for human consumption is limited to the following circumstances:

a) A producer may sell raw milk on the producer's farm after the producer obtains a raw for retail permit from the department, and

b) A producer may sell raw milk at the producer's self-owned off-premise retail store after the producer obtains a raw for retail permit from the department.

2) Other methods or circumstances whereby raw milk is distributed to the public for human consumption, including the giving away of samples, are prohibited.

KEY

dairy inspections, raw milk

Date of Enactment or Last Substantive Amendment

November 23, 2015

Notice of Continuation

March 16, 2016

Authorizing, Implemented, or Interpreted Law

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.