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U.S. Department of Health and Human Services

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Pasteurized Milk Ordinance 2005: Appendix E. Examples, 3-out-of-5 Enforcement Procedures


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The following Tables provide several useful examples in the application of the enforcement system described in Section 6. While the illustrations given, relate only to pasteurized milk bacterial counts and somatic cell counts of raw milk, the method is applied, in like fashion, to the enforcement of established standards for cooling temperature, coliform limits, etc. Pasteurized milk or milk product that shows a positive phosphatase reaction and milk or milk product, in which the presence of drug residue, pesticides or other adulterants is found, shall be dealt with as indicated in Sections 2 and 6, respectively.
 

Table 11. Example of Enforcement Procedures for Pasteurized Milk Laboratory Examinations
DateBacterial Count per mLEnforcement Action as Applied to a Standard of 20,000/mL
1/05/056,000No Action Required
1/28/0511,000No Action Required
2/11/0512,000No Action Required
3/15/0522,000Violative; No Action Required
3/25/0523,000Violative; Written notice to plant, 2 of last 4 counts exceed the standard. (This notice shall be in effect as long as 2 of the last 4 consecutive samples exceed the standard). Additional sample required within 21 days from the date of the notice, but not before the lapse of three (3) days.
4/02/059,000No Action Required
4/19/0551,000Violative (3 of last 5 counts exceed the standard);
Required Regulatory Actions:
  1. Suspend plant permit; or
  2. Forego permit suspension, provided the milk or milk product(s) in violation are not sold as Grade "A" product(s); or
  3. Impose monetary penalty in lieu of permit suspension, provided the milk or milk product(s) in violation are not sold as Grade "A" milk or milk product(s).
4/23/05 Issue temporary permit (if applicable) after plant inspection. Begin accelerated sampling schedule.
4/25/0511,000No Action Required
4/29/053,000No Action Required
5/4/0522,000Violative; No Action Required
NOTE: Samples collected prior to 4/23/05 are not used for subsequent bacterial count enforcement purposes.
5/9/055,000Permit Fully Reinstated

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Table 12. Example of Enforcement Procedures for Raw Milk Laboratory Examinations
DateConfirmed Somatic Cell Counts per mLEnforcement Action as Applied to a Standard of 750,000 per mL
7/10/05500,000No Action Required
8/15/05600,000No Action Required
10/1/05800,000Violative; No Action Required
11/7/05900,000Violative; Written notice to producer, 2 of last 4 counts exceed the standard. (This notice shall be in effect as long as 2 of the last 4 consecutive samples exceed the standard). Additional sample required within 21 days from the date of the notice, but not before the lapse of three (3) days.
11/14/051,200,000Violative (3 of last 5 counts exceed the standard);
Required Regulatory Actions:
  1. Suspend producer permit; or
  2. Forego permit suspension, provided the milk in violation is not sold as Grade "A"; or
  3. Impose monetary penalty in lieu of permit suspension, provided the milk in violation is not sold or offered for sale as Grade "A" product. Except that a milk producer may be assessed a monetary penalty in lieu of permit suspension for violative counts provided: If the monetary penalty is due to a violation of the somatic cell count standard, the Regulatory Agency shall verify that the milk supply is within acceptable limits as prescribed in Section 7 of this Ordinance. Samples shall then be taken at the rate of not more than two (2) per week on separate days within a three (3) week period in order to determine compliance with the appropriate standard as determined in accordance with Section 6 of this Ordinance. (Refer to Section 3)
11/18/05700,000Issue temporary permit (if applicable) after sampling indicates the milk is within the standards prescribed in Section 7. Begin accelerated sampling schedule.
11/20/05800,000Violative; No Action Required
NOTE: Samples collected prior to 11/18/05 are not used for subsequent somatic cell count enforcement purposes.
11/24/05700,000No Action Required
11/29/05550,000Permit Fully Reinstated

 

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