Milk and milk products, from points beyond the limits of routine inspection of the ... of... or its jurisdiction, shall be sold in...,1 or its jurisdiction provided they are produced and pasteurized, ultra-pasteurized, aseptically processed, concentrated (condensed) or dried under regulations which are substantially equivalent to this Ordinance and have been awarded acceptable Milk Sanitation Compliance and Enforcement Ratings or have been awarded a satisfactory HACCP listing, under the NCIMS HACCP Program as specified in Appendix K. of this Ordinance, or are from a country that PHS/FDA has determined, after conferring with NCIMS, to have in place a public health regulatory program and government oversight of that program that have an equivalent effect on the safety of regulated milk and/or milk products.
The Regulatory Agency should accept, without their actual physical inspection, supplies of milk and milk products from an area or an individual shipper not under their routine inspection. Provided, that:
- Milk and milk products upon arrival shall comply with bacteriological, physical, chemical and temperature standards of Section 7. Provided, that direct shipped producer milk that is under the supervision of more than one (1) Regulatory Agency may be exempt from the bacteriological requirement for commingled samples. However, the receiving Regulatory Agency shall have the right to use the individual producer samples to determine compliance with the bacteriological standards.
After receipt, pasteurized, ultra-pasteurized, aseptically processed, concentrated (condensed) or dried milk and milk products shall comply with Sections 2, 4 and 10.
NOTE: Raw and pasteurized milk and milk products beyond the limits of routine inspection shall be sampled as the Regulatory Agency requires.
- The milk or milk products are produced and processed under regulations substantially equivalent to those of this Ordinance.
- The supplies are under routine official supervision;
- The supplies have been awarded, by a Milk Sanitation Rating Officer (SRO), certified by FDA, Milk Sanitation Compliance and Enforcement Ratings equal to that of the local supply or equal to ninety percent (90%) or higher; and
All ratings are made on the basis of procedures outlined in the Methods of Making Sanitation Ratings of Milk Supplies (MMSR).
NOTE: Names of interstate milk shippers and their ratings, as reported by State Rating Agencies, are contained in the IMS List-Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers (IMS List), issued electronically by FDA. This list may be obtained from the FDA web site.
- The supplies have been awarded, by a SRO, certified by FDA, a satisfactory listing under the NCIMS HACCP Program as specified in Appendix K of this Ordinance.
- The foreign supplies have been awarded a satisfactory listing, by an NCIMS Certified Third Party Rating Officer standardized by the FDA, under the NCIMS Third Party Certification Pilot Program. This provision will expire December 31, 2007, unless extended by future conference action.
- FDA has determined that the foreign country's public health regulatory program and the government oversight of that program have an equivalent effect on the safety of the regulated milk and/or milk product. It is PHS/FDA's responsibility to determine equivalence and PHS/FDA will confer with NCIMS prior to finalizing a determination of equivalence. The foreign government must provide adequate assurance that the level of public health protection provided by its dairy safety system is equivalent to that provided by the NCIMS program.