The purpose of the rule amendment is to create rules governing manufacturing milk plants located within the State of Florida. It also updates the documents incorporated by reference and revision dates on required forms. The Department’s purpose in ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Dairy Industry

RULE NO: RULE TITLE
5D-1.001: Documents Incorporated by Reference and Definitions
5D-1.003: Permits, Licenses and Inspections
5D-1.007: Dating; Standards for Milk, Milk Products and Frozen Desserts
5D-1.012: Future Dairy Farms, Milk Plants and Frozen Dessert Plants
PURPOSE AND EFFECT: The purpose of the rule amendment is to create rules governing manufacturing milk plants located within the State of Florida. It also updates the documents incorporated by reference and revision dates on required forms. The Department’s purpose in creating these rules is to achieve compliance with Chapter 502, Florida Statutes, which was amended in the 2007 legislative session.
SUMMARY: The proposed rule changes create rules governing manufacturing milk plants located within the State of Florida, updates documents incorporated by definition and updates revision dates on required forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 502.014(6) FS.
LAW IMPLEMENTED: 502.012, 502.014, 502.053, 502.091 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 11, 2008, 10:00 a.m.
PLACE: Dairy Conference Room, 3125 Conner Boulevard, Room 27, Tallahassee, Florida 32399-1650
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Gary Newton, Chief, Bureau of Dairy Inspection, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone]. e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

MILK, MILK PRODUCTS, MANUFACTURED MILK PRODUCTS AND FROZEN DESSERTS

5D-1.001 Documents Incorporated by Reference and Definitions.

(1) The following documents are incorporated by reference and shall apply in the interpretation and enforcement of Chapters 502 and 503, F.S.:

(a) Grade A Pasteurized Milk Ordinance (“PMO”), 20051 Revision, Public Health Service/Food and Drug Administration Publication No. 229, its Appendices and notes.

(b) 21 Code of Federal Regulations, Parts 101, 130.17, 131, 133 and 135, Revised April 1, 20037.

(c) 7 Code of Federal Regulations, Part 58, Subpart B-58.101 (e),(g),(n),(t),(u),(v),(w); 58.125-58.131; 58.142, 58.147; 58.148 (B)-(F); 58.150-58.154; 58.205-58.247; 58.305-58.344; 58.405-58.445; 58.154 58.605-58.645; and 58.647-58.654,; 58.705-58.732; and 58.805-58.811 Revised January 1, 20073. Copies of the foregoing may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(d) Frozen Desserts Processing Guidelines, 1st edition, October 1989. Available from Dairy and Egg Safety Branch Milk Safety Branch, HFS-316626, Division of Plant and Dairy Food Safety Division of Cooperative Programs, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835.

(e) through (g) No change.

(h) Milk for Manufacturing Puposes and it’s Production and Processing (“MMPPP”), September 1, 2005.Available from United States Department of Agriculture, Agricultural Marketing Service, Dairy Programs, Standardization Branch, 1400 Independence Ave. S.W., MS0230, Washington, D.C. 20250-0230.

(2) In addition to the definitions in Chapters 502 and 503, Florida Statutes, and those in the documents incorporated by reference herein, the following definitions shall apply:

(a) No change.

(b) “Bulk Milk Hauling Service” is any person who hauls or causes to be hauled bulk milk or milk products from a dairy farm, transfer station, receiving station or milk and milk products plant to another location. and is included in the definition of “Milk Hauler” for purposes of permitting, enforcement and inspection requirements under this chapter.

(c) through (d) No change.

(e) “Department” is the Department of Agriculture and Consumer Services.

(f)(e) “Depot” is any place, premise or establishment in which pasteurized mix, frozen desserts, defined products, ingredients, containers, or supplies are stored for further distribution.

(g)(f) “Frozen Yogurt” is food which is prepared by freezing, while stirring, a mix composed of one or more of the optional dairy ingredients provided for in ice cream and frozen custard and which may contain other safe and suitable ingredients. Its dairy ingredients, with or without other ingredients, is (are) pasteurized and subsequently cultured with bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. The titratable acidity of the cultured frozen yogurt may not be less than 0.5 percent, calculated as lactic acid, except if the frozen yogurt is flavored by the addition of a non-fruit characterizing ingredient(s). Its milkfat content may not be less than 3.25 percent by weight, except that when bulky characterizing ingredients are used the percentage milkfat may not be less than 2.5 percent. The finished frozen yogurt shall weigh not less than 5 pounds per gallon.

(h) “Manufacturing Milk Plant” shall mean any place, premise, or establishment where milk or milk products for manufacturing purposes are received or handled for processing and/or distribution.

(i) “Manufactured milk products” include cheese, butter, non-Grade “A” milk powder, evaporated and condensed milk and such other products, for human consumption, as may be otherwise designated.

(g)“Regulatory agency” is the Department of Agriculture and Consumer Services.

(j)(h) “Single service container manufacturer” is included in the definition of “Milk Plant” for purposes of permitting, enforcement and inspection.

(k)(i) “Washing Station” is included in the definition of “Transfer Station” for purposes of permitting, enforcement and inspection.

(l)(j) “Sold” means a transfer of milk or milk products that involves any direct or indirect form of compensation in exchange for the right to acquire such milk or milk products.

Specific Authority 502.014, 503.031FS. Law Implemented 502.012, 502.014, 503.031, 502.053, 502.091 FS. History–New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, _________.

 

5D-1.003 Permits, Licenses and Inspections.

(1) General Permits.

(a) All Milk Plants, Distributors, Washing Stations, Out-of-State Processors of Milk and Milk Products, Receiving Stations, Transfer Stations, Single Service Container Manufacturers and Operators of Milk Plants shall submit an application on Form DACS-05019 Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev. 10/07 05/01), hereby incorporated by reference. Milk and Milk Product Distributors shall submit an application on Form DACS-05071 Application for Permit as a Distributor of Milk and Milk Products or Frozen Desserts (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(b) All Bulk Milk Hauling Services Milk Haulers shall submit an application on Form DACS-05012 Application for Permit as a Farm Bulk Milk Hauler or Hauling Service Permit (Rev. 10/07 05/01), hereby incorporated by reference. All Bulk Milk Hauler/Samplers shall submit an application on Form DACS-05060 Application for a Bulk Milk Hauler/Sampler (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(2) Milkfat Tester Permit. To secure and maintain a Milkfat Tester’s Permit, a person must:

(a) Submit, with the $125.00 application fee, a properly completed Form DACS-05029 Application for Milkfat Tester’s License (Rev. 10/07 05/01), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

(b) Successfully complete on-site evaluation based on the criteria set forth in Chapter Section 502.032, F.S., and Section 6 of the PMO, conducted by the department regulatory agency.

(c) Successfully complete a set of split samples provided by the department regulatory agency, by analyzing with each method for which permitting is sought.

(d) Continue to demonstrate the knowledge, ability and equipment to conduct the analysis by the methods permitted and otherwise comply with Chapter Section 502.032, F.S. Florida Statutes, during the permit's duration.

(e) Permitted milkfat testers, when changing from one approved method to another or when implementing an additional approved method, must give written notice to the department regulatory agency prior to installation of equipment so that an on-site inspection and evaluation can be conducted and permits amended.

(3) Licenses for Frozen Dessert Plants, both local and out-of-state, selling product in Florida.

(a) No change.

(b) Frozen dessert plants shall meet the following requirements in order to secure and maintain said license:

1. Submit, with the appropriate fee, a properly completed application on Form DACS-05016 Application for Annual Florida State License as a Wholesale Manufacturer of Frozen Desserts and/or Frozen Desserts Mix (Rev. 10/07 05/01), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

2. through 3. No change.

(4) Milk Producer’s Permit. All Milk Producers shall submit an application on Form DACS-05026, Application for Permit as a Florida Milk Producer (Rev. 10/07 05/01), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter Section 502.053, F.S.

(5) In-state Manufacturing Milk Plants. Temporary Marketing Permit (“TMP”) – All milk plants wishing to obtain a TMP shall submit an application of Form DACS 05059, Application for a Temporary Marketing Permit (Rev. 05/01), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. The criteria for obtaining a state TMP shall be the same as that for obtaining a federal TMP under 21 CFR Part 130.17. The fee for a state TMP shall be $50.00.

(a) All in-state Manufacturing Milk Plants shall submit an application on Form DACS-05019 Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev. 10/07), hereby incorporated by reference.Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions ofthe MMPPP and Chapter 502, F.S.

(b) Firms within the state holding a milk plant permit do not require an additional permit to process manufactured milk products but must comply with the provisions of the MMPPP.

(6) Penalties for Enforcement and Reinstatement of Permits and Licenses.

(a) No change.

(b) Milkfat Tester’s Permit. Each permitted tester who fails to successfully complete one set of split samples shall have the permit placed in conditional status until the next set of split samples issued by the department regulatory agency has been successfully completed. A permit shall remain conditional for a period not to exceed six months. A milkfat tester shall not:

1. Fail to successfully complete two consecutive sets of split samples, or

2. Falsify records.

(c) Frozen Dessert Plant License.

1. When any requirement of Chapter 503, Florida Statutes, or rule under this chapter is violated, the license holder is subject to the suspension of his license. The department regulatory agency shall forego suspension of the license if the product or products in violation are not sold or offered for sale.

2. No change.

(d) Manufacturing Milk Plant Permit.Any manufacturing milk plant whose permit has been suspended may make written application for the reinstatement of its permit.The standards for reinstatement are those set forth in the MMPPP.

(7) Routine Inspections and Tests.

(a) Each business and individual regulated pursuant to this chapter shall permit access of officially designated persons to all parts of its establishment or facilities to determine compliance with the provisions of this chapter. A distributor, plant operator or hauler shall furnish the department regulatory agency, for official use only, a true statement of the actual quantities of products manufactured, and a list of all sources of milk and milk products, records of inspections, tests, and pasteurization time and temperature records as requested. Whenever a milk tank truck has been cleaned and sanitized as required by the department regulatory agency, the outlet valve and manhole dust cover shall be sealed.

(b) through (c) No change.

(d) Frozen Dessert and Manufacturing Milk Plants within the state shall be subject to inspections based upon the criteria and frequency established for milk plant inspections in the PMO. Sampling and testing shall be quarterly, unless test results indicate a more frequent sampling and testing is necessary. Raw milk cheeses shall be tested for pathogens semi-annually.

(e) Pasteurization systems in Manufacturing Milk Plants shall be subject to testing based upon the criteria and frequency established for milk plants in the PMO.

(f)(e) Milk Producers shall be subject to inspections based upon the criteria and frequency described in the PMO.

Specific Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.032, 502.053, 502.091, 502.165, 502.231, 503.041, 503.031, 503.051 FS. History–Revised 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03,_________.

 

5D-1.007 Dating; Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts.

(1) Shelf-Life Dating and Expiration Dating.

(a) All milk and milk products shall be legibly labeled with their shelf-life date. The date or date code for frozen desserts and other manufactured milk products shall be approved by the department regulatory agency and shall indicate the date of manufacture of the product or the last day the product is to be offered for sale. The standards for labeling for all products shall be in accordance with 21 CFR, Part 101, adopted by reference in paragraph 5D-1.001(1)(b), F.A.C.

(b) through (d) No change.

(e) No milk or milk products shall be offered for sale as a grade A product after the shelf-life expiration date shown on the container. All milk and milk products offered for sale after the shelf-life expiration date will be deemed to be misbranded and subject to be impounded and made unsalable or otherwise disposed of by the department regulatory agency, under the provisions of Section 502.021(2), Florida Statutes.

(f) No change.

(g) Each processor shall certify to the department regulatory agency the maximum shelf-life of each product in the hands of the consumer under normal storage conditions. Provided, however, the maximum shelf-life of fluid uncultured milk pasteurized at less than 270 F shall not exceed ten days from date of packaging unless technical supporting justification has been supplied to the department regulatory agency, the department agency has confirmed such shelf-life claims, and specific authority to use a longer shelf-life has been granted by the department agency.

(2) Shelf – Life Testing and Testing Procedures.

(a) Milk product samples shall be held at 43 F (plus or minus 2 F) for the shelf life period plus four (4) days and analyzed to determine that shelf-life expiration dates stated on the containers assure the consumer of acceptable quality milk and milk products when kept under normal storage conditions. The temperature at the time of collection shall be officially recorded by the collector. Nothing herein contained shall be construed to prohibit the department regulatory agency from taking special samples for analysis and making special tests in order to assure all milk and milk products comply with the minimum standards of freshness, quality and palatability. In the event the department regulatory agency determines a processor's or a manufacturer's shelf-life for a given product is improper, the department regulatory agency shall immediately take such samples as are necessary for full and complete recheck of the shelf-life of the product. If the full and complete recheck confirms that the shelf-life of the product is improper, the department regulatory agency shall serve written notice on the processor or manufacturer and the processor or manufacturer immediately upon receipt of such notice shall alter the shelf-life expiration date of the product to comply with the department regulatory agency tests. Compliance shall be with the next processing of the product after receipt of such department regulatory agency notice.

(b) No change.

(3) Chemical, bacteriological and temperature standards for manufacture of grade A products:

Grade A raw milk for pasteurization, ultra pasteurization or aseptic processing

Temperature	Cooled to 50 F (10 C) or less within four (4) hours or less, of the commencement of the first milking, and to 45 F (7 C) or less within two hours after the completion of milking. Provided, the blend temperature after the first and subsequent milkings does not exceed 50 F (10 C).
Bacterial limits	Individual producer milk not to exceed 100,000 CFU/ml. prior to commingling with other producer milk. Not to exceed 300,000 CFU/ml. as commingled milk prior to pasteurization.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.
Somatic Cell Count	Individual producer milk: Not to exceed 750,000 per ml. Goat milk: Not to exceed 1,000,000 per ml.
Temperature, Bacterial Limits, Drugs, and Somatic Cell Count	Standards shall be the same as those listed in Section 7 of the PMO.
Added Water	Freezing point not to exceed -0.526º H.

Grade A pasteurized or ultra pasteurized milk and milk products and bulk shipment heat treated milk products

Temperature	Cooled to 45º F (7º C) or less and maintained thereat.
Bacterial limits*	20,000 CFU/ml
Coliform	Not to exceed 10 CFU/ml., provided that, in the case of bulk milk transport tank shipments, shall not exceed 100 CFU/ml.
Phosphatase	Less than 1 microgram per ml. by the Scharer Rapid Method (less than 350 milliunits/L by the Fluorometric Procedure) or equivalent – not applicable to bulk shipped heat treated milk products.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.
Temperature, Bacterial Limits, Coliform, Phosphatase, and Drugs	Standards shall be the same as those listed in Section 7 of the PMO.
Added Water	Freezing point not to exceed -0.526º H.

*Not applicable to cultured products.

Grade A aseptically processed milk and milk products

Temperature	None
Bacterial Limits	Less than 10 CFU/ml. of incubated products.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.
Temperature, Bacterial Limits and Drugs	Standards shall be the same as those listed in Section 7 of the PMO.
Added Water	Freezing point not to exceed -0.526º H.

(4) Chemical, bacteriological and temperature standards for Frozen Desserts:

Raw Milk and Cream

Temperature	Not to exceed 45º F (7º C).
Bacterial Limits	Milk – not to exceed 500,000 CFU/ml. In no case shall raw milk have a standard plate or direct microscopic clump count in excess of 1,000,000 CFU/ml;. Cream not to exceed 800,000 CFU/ml.
Drugs	Milk and cream – No positive result with drug residue methods referenced in Section 6 of the PMO.
Somatic Cell Count	Not to exceed 750,000/ml; Goat’s milk – Not to exceed 1,5000,000.

 

 

Pasteurized and Ultra Pasteurized Milk and Milk Products

 

Temperature	Cooled to 45° F (7° C) or less and maintained thereat.
Bacterial Limits*	50,000 CFU/ml.
Coliform	Not to exceed 10 CFU/ml, provided that, in the case of bulk milk transport tank shipments, shall not exceed 100 CFU/ml.
Phosphatase	Less than 1 microgram per ml. by the Scharer Rapid Method (less than 500 milliunits/L by the Fluorometric Procedure) or equivalent.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.

 

*Not applicable to cultured productsSterilized Milk and Milk Products

Temperature	None.
Bacterial Limits	Less than 10 CFU/ml of incubated products.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.

Frozen Desserts and Other Products Defined in this Chapter

Temperature	Pasteurized Mix (plain) 45º F (7º C). Pasteurized Mix (flavored) 45º F (7º C). Frozen Desserts 0º F (-17.8º C).Other – 0º F (-17.8º C).
Bacterial Limits*	Pasteurized Mix (plain) 50,000 CFU/gram. Pasteurized Mix (flavored) 50,000 CFU/gram. Frozen Desserts – 50,000 CFU/gram. Other – 50,000 CFU/gram.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.
Coliform	Pasteurized Mix (plain) 10 CFU/gram. Pasteurized Mix (flavored) 20 CFU/gram. Frozen Desserts (plain) 10 CFU/gram. Frozen Desserts (bulky flavored) 20 CFU/gram. Other (plain) 10 CFU/gram. Other (bulky flavored) 20 CFU/gram.
Phosphatase	Less than 1 microgram per ml. by the Scharer Rapid Method (less than 500 milliunits/L by the Fluorometric Procedure) or equivalent.

 

*Not applicable to cultured products

Dry Dairy Products

Dry dairy products used as ingredients in frozen desserts shall meet the requirements for “Extra Grade” or better as defined by the U.S. Standards for Grades for the particular product.

(5) Chemical, Bacteriological, and Temperature Standards for Manufactured Milk Products.

Raw milk for manufactured milk product.

Temperature	Cooled to 50 F (10 C) or less within four (4) hours or less, of the commencement of the first milking, and to 45 F (7 C) or less within two hours after the completion of milking. Provided, the blend temperature after the first and subsequent milkings does not exceed 50 F (10 C).
Bacterial limits	Individual producer milk not to exceed 500,000 CFU/ml. prior to commingling with other producer milk. Not to exceed 1,000,000 CFU/ml. as commingled milk prior to processing.
Drugs	No positive result with drug residue methods referenced in Section 6 of the PMO.
Somatic Cell Count	Individual producer milk: Not to exceed 750,000 per ml. Goat milk: Not to exceed 1,000,000 per ml.

Cheeses made with pasteurized milk or pasteurized reconstituted milk

Temperature	Cheeses shall comply with 7 CFR Part 58.154.
Coliforms	Not to exceed 10/gram.
Phosphatase	Negative

Cheeses made from non-pasteurized (raw) milk shall comply with 7 CFR Part 58.439.

Temperature	Cheeses shall comply with 7 CFR Part 58.154.
Coliforms	Not to exceed 10/gram.
Phosphatase	Negative
E. coli	<1/gram
Pathogens	None

Butter

Temperature	Not to exceed 40°F.
Coliforms	Not to exceed 10/gram.
Mold	Not to exceed 20/gram.

Specific Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.042, 502.091, 503.031 FS. History–Revised 9-21-67, Amended 9-26-69, 12-24-71, 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.07, Amended 10-9-86, 5-19-87, 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 10-15-03,________.

 

5D-1.012 Future Dairy Farms, Milk Plants, Manufacturing Milk Plants and Frozen Dessert Plants.

(1) Milk barn, stable or parlor and milkhouse or room construction.

(a) through (h) No change.

(i) Properly prepared plans for all milk barns, stable or parlor and milkhouse or room regulated under this chapter which are hereafter constructed, reconstructed or extensively altered shall be submitted to the department regulatory agency for approval before work is begun.

(2) Milk plant, frozen dessert plant, receiving station or transfer station construction.

(a) No change.

(b) Ceiling. Ceilings shall be have a minimum height of 12 feet except for refrigerator or cold storage rooms and of a smooth finish impervious to water.

(c) Floors and drains. Floors shall be constructed of concrete or tile; slip proof and sloped to drain for drainage 1/4 inch per foot.

(d) through (e) No change.

(f) Stainless steel pipelines are properly identified. Identification shall be made with colored tape, plastic bands or a method which has been approved by the department regulatory agency and which will remain in place and retain its coloring under normal conditions of use. The following colors shall be used:

RED – RAW MILK LINES

BLUE – PASTEURIZED PRODUCTS LINES

GREEN – CLEANING SOLUTION LINES (SUPPLY AND RETURN)

YELLOW – WATER LINES (APPLICABLE TO STAINLESS STEEL LINES ONLY)

The direction of flow in each line shall also be indicated by an arrow on the pipe, tape, or plastic band. The proper placement of colored bands and directional arrows on pipelines shall be determined by the department regulatory agency to ensure easy identification of the product in the pipe and direction of flow.

(g) Properly prepared plans for all plants regulated under this chapter which are hereafter constructed, reconstructed or extensively altered shall be submitted to the department regulatory agency for approval before work is begun.

(3) Manufacturing milk plants.

(a) Properly prepared plans for all plants regulated under this chapter which are hereafter constructed, reconstructed or extensively altered shall be submitted to the department for approval before work is begun.

(b) Pasteurization equipment shall comply with all applicable requirements set forth in the PMO.

(c) All raw (non-pasteurized) milk cheese shall be aged in accordance with CFR 7 Part 58.439 and shall be aged at the manufacturing plant.

(d) Reconstituted milk used for making cheese shall be pasteurized or the cheese shall be aged in accordance with CFR 7 Part 58.439.

(e) Maunfacurers of aged cheese shall maintain a log sheet showing the date and time each batch or lot of cheese was placed into and removed from the curing or aging room.

(f) Milk tank trucks used for hauling milk or milk products for manufacturing purposes shall comply with the PMO.

(g) Manufacturing milk plants in existence prior to the adoption of this rule shall have one (1) year from the date of adoption to comply with the requirements set forth in this rule.

Specific Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.053, 502.091, 502.121, 503.031 FS. History–Revised 9-21-67, Amended 10-27-67, 3-19-69, 1-26-81, 8-16-84, Formerly 5D-1.12, Amended 6-27-90, 7-2-95, 10-15-03,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary Newton
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: John Miller
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 30, 2007, FAW Vol. 33, No. 48