SUBCHAPTER 09G ‑ MILK AND MILK PRODUCTS
SECTION .0100 - PASTEURIZED MILK ORDINANCE
02 NCAC 09G .0101 ADOPTION BY REFERENCE
The following are adopted by reference, including subsequent
amendments:
(1) "Milk for Manufacturing Purposes and Its
Production and Processing, Recommended Requirements," U.S. Department of
Agriculture, Agricultural Marketing Service. A farmstead shall be exempt from
all mandatory milk testing except the mastitic milk test and the appearance and
odor test. For the purposes of this Section, "farmstead" means a milk
or milk product production facility that uses only milk from its own animals in
its product production and has no other source of milk.
(2) "General Instructions for Performing Farm
Inspections According to the USDA Recommended Requirements for Milk for
Manufacturing Purposes and its Production and Processing, for Adoption by State
Regulatory Agencies," U.S. Department of Agriculture, Agricultural
Marketing Service.
(3) "Grading and Inspection ‑ General
Specifications for Approved Dairy Plants and Standards for Grades of Dairy
Products," 7 C.F.R. 58.
(4) 15A NCAC 18A .1210, "Restrictions on
Dispensing Raw Milk."
Copies of these materials are available at no cost from the
Food and Drug Protection Division.
History Note: Authority G.S. 106‑139; 106‑267;
106‑267.2;
Eff. February 1, 1976;
Amended Eff. August 1, 2002; December 1, 1987; January 1,
1987; January 1, 1985; August 1, 1982.
02 NCAC 09G .0102 APPLICATION OF
THE PMO
History Note: Authority G.S. 106‑267; 106‑267.2;
106‑268;
Eff. February 1, 1976;
Amended Eff. March 12, 1981; December 23, 1976;
Repealed Eff. January 1, 1985.
02 NCAC 09G .0103 VITAMIN ASSAY OF MILK PRODUCTS
Assays of vitamin content shall be made when required by the
Commissioner of Agriculture in a laboratory approved by him for such
examinations, provided that periods between assays shall not exceed one year.
All assay costs shall be paid by the milk product processor.
History Note: Authority G.S. 106‑267; 106‑267.3;
Eff. February 1, 1976;
Amended Eff. May 1, 1983; March 12, 1981.
SECTION .0200 ‑ LABELING REGULATIONS FOR FLUID MILK AND
FLUID MILK PRODUCTS
02 NCAC 09G .0201 DEFINITIONS
02 NCAC 09G .0202 APPROVED CONTAINERS FOR MILK AND MILK
PRODUCTS
02 NCAC 09G .0203 LOCATION OF REQUIRED INFORMATION ON
CONTAINER
02 NCAC 09G .0204 MILK DEEMED MISBRANDED
02 NCAC 09G .0205 SUPPLEMENTARY DECLARATIONS
02 NCAC 09G .0206 PROMINENCE OF REQUIRED INFORMATION
02 NCAC 09G .0207 IDENTIFICATION OF FLUID MILK
PROCESSING PLANTS
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0200 ‑ LABELING REGULATIONS FOR FLUID MILK AND
FLUID MILK PRODUCTS
02 NCAC 09G .0201 DEFINITIONS
02 NCAC 09G .0202 APPROVED CONTAINERS FOR MILK AND MILK
PRODUCTS
02 NCAC 09G .0203 LOCATION OF REQUIRED INFORMATION ON
CONTAINER
02 NCAC 09G .0204 MILK DEEMED MISBRANDED
02 NCAC 09G .0205 SUPPLEMENTARY DECLARATIONS
02 NCAC 09G .0206 PROMINENCE OF REQUIRED INFORMATION
02 NCAC 09G .0207 IDENTIFICATION OF FLUID MILK
PROCESSING PLANTS
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0300 ‑ MILK IMPORTS
02 NCAC 09G .0301 IMPORTS AND PERMITS
02 NCAC 09G .0302 INSPECTION OF DAIRY FARMS AND MILK
PLANTS
02 NCAC 09G .0303 THE EXAMINATION OF MILK AND MILK
PRODUCTS
02 NCAC 09G .0304 STANDARDS FOR MILK AND MILK PRODUCTS
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0400 ‑ SANITATION REQUIREMENTS FOR GRADE A RAW
MILK FOR PASTEURIZATION
02 NCAC 09G .0401 ABNORMAL MILK
02 NCAC 09G .0402 MILKING BARN: STABLE: OR PARLOR:
CONSTRUCTION
02 NCAC 09G .0403 MILKING BARN: STABLE: OR PARLOR:
CLEANLINESS
02 NCAC 09G .0404 COWYARD
02 NCAC 09G .0405 MILKHOUSE OR ROOM: CONSTRUCTION AND
FACILITIES
02 NCAC 09G .0406 MILKHOUSE OR ROOM: CLEANLINESS
02 NCAC 09G .0407 TOILET
02 NCAC 09G .0408 WATER SUPPLY
02 NCAC 09G .0409 UTENSILS AND EQUIPMENT: CONSTRUCTION
02 NCAC 09G .0410 UTENSILS AND EQUIPMENT: CLEANING
02 NCAC 09G .0411 UTENSILS AND EQUIPMENT: SANITIZATION
02 NCAC 09G .0412 UTENSILS AND EQUIPMENT: STORAGE
02 NCAC 09G .0413 UTENSILS AND EQUIPMENT: HANDLING
02 NCAC 09G .0414 MILKING: FLANKS: UDDERS: AND TEATS
02 NCAC 09G .0415 MILKING: SURCINGLES: MILK STOOLS: AND
ANTIKICKERS
02 NCAC 09G .0416 MILKING: TRANSFER AND PROTECTION OF
MILK
02 NCAC 09G .0417 PERSONNEL: HAND‑WASHING
FACILITIES
02 NCAC 09G .0418 PERSONNEL: CLEANLINESS
02 NCAC 09G .0419 COOLING
02 NCAC 09G .0420 VEHICLES
02 NCAC 09G .0421 INSECT AND RODENT CONTROL
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0400 ‑ SANITATION REQUIREMENTS FOR GRADE A RAW
MILK FOR PASTEURIZATION
02 NCAC 09G .0401 ABNORMAL MILK
02 NCAC 09G .0402 MILKING BARN: STABLE: OR PARLOR:
CONSTRUCTION
02 NCAC 09G .0403 MILKING BARN: STABLE: OR PARLOR:
CLEANLINESS
02 NCAC 09G .0404 COWYARD
02 NCAC 09G .0405 MILKHOUSE OR ROOM: CONSTRUCTION AND
FACILITIES
02 NCAC 09G .0406 MILKHOUSE OR ROOM: CLEANLINESS
02 NCAC 09G .0407 TOILET
02 NCAC 09G .0408 WATER SUPPLY
02 NCAC 09G .0409 UTENSILS AND EQUIPMENT: CONSTRUCTION
02 NCAC 09G .0410 UTENSILS AND EQUIPMENT: CLEANING
02 NCAC 09G .0411 UTENSILS AND EQUIPMENT: SANITIZATION
02 NCAC 09G .0412 UTENSILS AND EQUIPMENT: STORAGE
02 NCAC 09G .0413 UTENSILS AND EQUIPMENT: HANDLING
02 NCAC 09G .0414 MILKING: FLANKS: UDDERS: AND TEATS
02 NCAC 09G .0415 MILKING: SURCINGLES: MILK STOOLS: AND
ANTIKICKERS
02 NCAC 09G .0416 MILKING: TRANSFER AND PROTECTION OF
MILK
02 NCAC 09G .0417 PERSONNEL: HAND‑WASHING
FACILITIES
02 NCAC 09G .0418 PERSONNEL: CLEANLINESS
02 NCAC 09G .0419 COOLING
02 NCAC 09G .0420 VEHICLES
02 NCAC 09G .0421 INSECT AND RODENT CONTROL
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0500 ‑ SANITATION REQUIREMENTS FOR GRADE A
PASTEURIZED MILK AND MILK PRODUCTS
02 NCAC 09G .0501 RECEIVING STATIONS
02 NCAC 09G .0502 TRANSFER STATIONS
02 NCAC 09G .0503 FLOORS: CONSTRUCTION
02 NCAC 09G .0504 WALLS AND CEILINGS: CONSTRUCTION
02 NCAC 09G .0505 DOOR AND WINDOWS
02 NCAC 09G .0506 LIGHTING AND VENTILATION
02 NCAC 09G .0507 SEPARATE ROOMS
02 NCAC 09G .0508 TOILET‑SEWAGE DISPOSAL
FACILITIES
02 NCAC 09G .0509 WATER SUPPLY
02 NCAC 09G .0510 HAND‑WASHING FACILITIES
02 NCAC 09G .0511 MILK PLANT CLEANLINESS
02 NCAC 09G .0512 SANITARY PIPING
02 NCAC 09G .0513 CONSTRUCTION AND REPAIR OF CONTAINERS
AND EQUIPMENT
02 NCAC 09G .0514 CLEANING AND SANITIZING OF CONTAINERS
AND EQUIPMENT
02 NCAC 09G .0515 STORAGE OF CLEANED CONTAINERS AND
EQUIPMENT
02 NCAC 09G .0516 STORAGE OF SINGLE‑SERVICE
CONTAINERS: UTENSILS: MATERIALS
02 NCAC 09G .0517 PROTECTION FROM CONTAMINATION
02 NCAC 09G .0518 PASTEURIZATION
02 NCAC 09G .0519 COOLING OF MILK
02 NCAC 09G .0520 BOTTLING AND PACKAGING
02 NCAC 09G .0521 CAPPING
02 NCAC 09G .0522 PERSONNEL: CLEANLINESS
02 NCAC 09G .0523 VEHICLES
02 NCAC 09G .0524 SURROUNDINGS
02 NCAC 09G .0525 PERSONNEL HEALTH
02 NCAC 09G .0526 PROCEDURE WHEN INFECTION IS SUSPECTED
History Note: Authority G.S. 106‑267; 106‑268;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0500 ‑ SANITATION REQUIREMENTS FOR GRADE A
PASTEURIZED MILK AND MILK PRODUCTS
02 NCAC 09G .0501 RECEIVING STATIONS
02 NCAC 09G .0502 TRANSFER STATIONS
02 NCAC 09G .0503 FLOORS: CONSTRUCTION
02 NCAC 09G .0504 WALLS AND CEILINGS: CONSTRUCTION
02 NCAC 09G .0505 DOOR AND WINDOWS
02 NCAC 09G .0506 LIGHTING AND VENTILATION
02 NCAC 09G .0507 SEPARATE ROOMS
02 NCAC 09G .0508 TOILET‑SEWAGE DISPOSAL
FACILITIES
02 NCAC 09G .0509 WATER SUPPLY
02 NCAC 09G .0510 HAND‑WASHING FACILITIES
02 NCAC 09G .0511 MILK PLANT CLEANLINESS
02 NCAC 09G .0512 SANITARY PIPING
02 NCAC 09G .0513 CONSTRUCTION AND REPAIR OF CONTAINERS
AND EQUIPMENT
02 NCAC 09G .0514 CLEANING AND SANITIZING OF CONTAINERS
AND EQUIPMENT
02 NCAC 09G .0515 STORAGE OF CLEANED CONTAINERS AND
EQUIPMENT
02 NCAC 09G .0516 STORAGE OF SINGLE‑SERVICE
CONTAINERS: UTENSILS: MATERIALS
02 NCAC 09G .0517 PROTECTION FROM CONTAMINATION
02 NCAC 09G .0518 PASTEURIZATION
02 NCAC 09G .0519 COOLING OF MILK
02 NCAC 09G .0520 BOTTLING AND PACKAGING
02 NCAC 09G .0521 CAPPING
02 NCAC 09G .0522 PERSONNEL: CLEANLINESS
02 NCAC 09G .0523 VEHICLES
02 NCAC 09G .0524 SURROUNDINGS
02 NCAC 09G .0525 PERSONNEL HEALTH
02 NCAC 09G .0526 PROCEDURE WHEN INFECTION IS SUSPECTED
History Note: Authority G.S. 106‑267; 106‑268;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0600 ‑ HEALTH REQUIREMENTS FOR GRADE A DAIRY
HERDS
02 NCAC 09G .0601 OFFICIAL BRUCELLOSIS TEST
02 NCAC 09G .0602 BANG'S DISEASE: REMOVAL OF INFECTED
ANIMALS
02 NCAC 09G .0603 OFFICIAL FORMS FOR REQUESTING RING
TEST
02 NCAC 09G .0604 COWS: TUBERCULOSIS AND OTHER DISEASES
History Note: Authority G.S. 106‑267; 106‑396;
106‑348;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .0700 ‑ IMITATION MILK AND IMITATION MILK
PRODUCTS
02 NCAC 09G .0701 INTENT: SCOPE: AND INTERPRETATION
02 NCAC 09G .0702 DEFINITIONS AND STANDARDS OF IDENTITY
02 NCAC 09G .0703 LABELING: IMITATION MILK AND IMITATION
MILK PRODUCTS
02 NCAC 09G .0704 PLANT SANITATION
02 NCAC 09G .0705 PRODUCT QUALITY
History Note: Authority G.S. 106‑267; 106‑268;
Eff. February 1, 1976;
Amended Eff. February 1, 1983;
Repealed Eff. June 1, 1984.
SECTION .0800 ‑ GRADE B MILK
02 NCAC 09G .0801 GRADE B RAW MILK
02 NCAC 09G .0802 GRADE B PASTEURIZED MILK
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. June 1, 1984.
SECTION .0900 ‑ GRADE C MILK
02 NCAC 09G .0901 GRADE C RAW MILK DEFINED
02 NCAC 09G .0902 GRADE C RAW MILK FOR MANUFACTURING
PURPOSES
02 NCAC 09G .0903 GRADE C PASTEURIZED MILK
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. June 1, 1984.
SECTION .1000 ‑ FARM BULK MILK TANKS
02 NCAC 09G .1001 FARM BULK MILK HOLDING TANK:
DEFINITION
02 NCAC 09G .1002 MILK HOUSE INSTALLATION: FACILITY FOR
FARM BULK MILK TANK
02 NCAC 09G .1003 CONSTRUCTION OF FARM BULK TANKS
02 NCAC 09G .1004 CLEANING AND SANITIZING FARM MILK
HANDLING EQUIPMENT
02 NCAC 09G .1005 TRANSPORT TANKS AND RELATED EQUIPMENT
02 NCAC 09G .1006 UNLOADING MILK FROM TRANSPORT TANKS
02 NCAC 09G .1007 CLEANING AND BACTERICIDAL TREATMENT OF
TRANSPORT TANKS
02 NCAC 09G .1008 INTERPRETATION
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .1100 ‑ TRANSFERRING: DIPPING OR DISPENSING MILK
02 NCAC 09G .1101 TRANSFERRING DELIVERY: CONTAINERS:
QUARANTINED RESIDENCES
02 NCAC 09G .1102 BULK MILK DISPENSERS
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. March 12, 1981.
SECTION .1200 ‑ SAMPLING AND TESTING MILK AND CREAM BY
THE BABCOCK METHOD
02 NCAC 09G .1201 DEFINITIONS
02 NCAC 09G .1202 MILK AND CREAM TESTS
02 NCAC 09G .1203 LICENSED TESTER
02 NCAC 09G .1204 LICENSED SAMPLER
02 NCAC 09G .1205 FALSE READING TESTS
02 NCAC 09G .1206 WEIGH TANK
02 NCAC 09G .1207 SAMPLING MILK FROM THE WEIGH TANK
02 NCAC 09G .1208 SAMPLING PROCEDURES FOR FARM BULK
TANKS
02 NCAC 09G .1209 COMPOSITE SAMPLING FROM FARM BULK
TANKS
02 NCAC 09G .1210 CARE OF COMPOSITE SAMPLES:
PRESERVATIVE
02 NCAC 09G .1211 PERIOD OF COMPOSITE SAMPLING
02 NCAC 09G .1212 QUANTITY OF MILK TO BE TAKEN
02 NCAC 09G .1213 SIZE AND CONDITION OF COMPOSITE SAMPLE
BOTTLES
02 NCAC 09G .1214 METHOD OF COMPOSITE SAMPLING
02 NCAC 09G .1215 STORAGE OF COMPOSITE SAMPLES
02 NCAC 09G .1216 PERIOD SAMPLES HELD AFTER TESTING
02 NCAC 09G .1217 PLACE OF TESTING
02 NCAC 09G .1218 PREPARING BOTH FRESH AND COMPOSITE
SAMPLES: TEMPERING
02 NCAC 09G .1219 MIXING BEFORE PIPETTING
02 NCAC 09G .1220 TEMPERATURE OF MILK FOR PIPETTING
02 NCAC 09G .1221 PIPETTING
02 NCAC 09G .1222 TESTING MILK FOR BUTTERFAT: SULPHURIC
ACID
02 NCAC 09G .1223 ADDING ACID TO THE MILK
02 NCAC 09G .1224 CENTRIFUGE
02 NCAC 09G .1225 CENTRIFUGING PROCEDURE
02 NCAC 09G .1226 TEMPERING BATHS
02 NCAC 09G .1227 READING TESTS
02 NCAC 09G .1228 STANDARD METHODS
02 NCAC 09G .1229 SAMPLING CREAM
02 NCAC 09G .1230 PROCEDURE FOR TESTING CREAM
02 NCAC 09G .1231 HOLDING PERIOD FOR TESTED CREAM
02 NCAC 09G .1232 FAULTY EQUIPMENT CONDEMNED
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1200 ‑ SAMPLING AND TESTING MILK AND CREAM BY
THE BABCOCK METHOD
02 NCAC 09G .1201 DEFINITIONS
02 NCAC 09G .1202 MILK AND CREAM TESTS
02 NCAC 09G .1203 LICENSED TESTER
02 NCAC 09G .1204 LICENSED SAMPLER
02 NCAC 09G .1205 FALSE READING TESTS
02 NCAC 09G .1206 WEIGH TANK
02 NCAC 09G .1207 SAMPLING MILK FROM THE WEIGH TANK
02 NCAC 09G .1208 SAMPLING PROCEDURES FOR FARM BULK
TANKS
02 NCAC 09G .1209 COMPOSITE SAMPLING FROM FARM BULK
TANKS
02 NCAC 09G .1210 CARE OF COMPOSITE SAMPLES:
PRESERVATIVE
02 NCAC 09G .1211 PERIOD OF COMPOSITE SAMPLING
02 NCAC 09G .1212 QUANTITY OF MILK TO BE TAKEN
02 NCAC 09G .1213 SIZE AND CONDITION OF COMPOSITE SAMPLE
BOTTLES
02 NCAC 09G .1214 METHOD OF COMPOSITE SAMPLING
02 NCAC 09G .1215 STORAGE OF COMPOSITE SAMPLES
02 NCAC 09G .1216 PERIOD SAMPLES HELD AFTER TESTING
02 NCAC 09G .1217 PLACE OF TESTING
02 NCAC 09G .1218 PREPARING BOTH FRESH AND COMPOSITE
SAMPLES: TEMPERING
02 NCAC 09G .1219 MIXING BEFORE PIPETTING
02 NCAC 09G .1220 TEMPERATURE OF MILK FOR PIPETTING
02 NCAC 09G .1221 PIPETTING
02 NCAC 09G .1222 TESTING MILK FOR BUTTERFAT: SULPHURIC
ACID
02 NCAC 09G .1223 ADDING ACID TO THE MILK
02 NCAC 09G .1224 CENTRIFUGE
02 NCAC 09G .1225 CENTRIFUGING PROCEDURE
02 NCAC 09G .1226 TEMPERING BATHS
02 NCAC 09G .1227 READING TESTS
02 NCAC 09G .1228 STANDARD METHODS
02 NCAC 09G .1229 SAMPLING CREAM
02 NCAC 09G .1230 PROCEDURE FOR TESTING CREAM
02 NCAC 09G .1231 HOLDING PERIOD FOR TESTED CREAM
02 NCAC 09G .1232 FAULTY EQUIPMENT CONDEMNED
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1300 ‑ ICE CREAM PLANTS
02 NCAC 09G .1301 BUILDINGS: APPROVAL BY COMMISSIONER OF
AGRICULTURE
02 NCAC 09G .1302 WALLS AND CEILINGS
02 NCAC 09G .1303 WINDOWS AND GLASS PARTITIONS
02 NCAC 09G .1304 FLOORS
02 NCAC 09G .1305 LIGHT AND VENTILATION
02 NCAC 09G .1306 FLY AND VERMIN CONTROL
02 NCAC 09G .1307 PROTECTION OF PRODUCTS AND INGREDIENTS
02 NCAC 09G .1308 GENERAL PLANT ORDERLINESS
02 NCAC 09G .1309 HARDENING ROOMS: STORAGE SPACE:
MERCHANDISING EQUIPMENT
02 NCAC 09G .1310 TOILETS AND LAVATORIES
02 NCAC 09G .1311 DRESSING ROOMS
02 NCAC 09G .1312 EQUIPMENT: CONSTRUCTION
02 NCAC 09G .1313 CLEANING AND STERILIZING EQUIPMENT
02 NCAC 09G .1314 STEAM AND HOT WATER
02 NCAC 09G .1315 FREQUENCY OF CLEANING AND STERILIZING
02 NCAC 09G .1316 FILLING CONTAINERS AND PACKAGES
02 NCAC 09G .1317 REMOVAL FROM MOLDS
02 NCAC 09G .1318 VEHICLES
02 NCAC 09G .1319 INGREDIENTS
02 NCAC 09G .1320 PASTEURIZATION
02 NCAC 09G .1321 RECORDING THERMOMETERS
02 NCAC 09G .1322 PERSONNEL
02 NCAC 09G .1323 BACTERIAL PLATE COUNT AND COLIFORM
COUNTS
History Note: Authority G.S. 106‑253;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1400 ‑ COUNTER ICE CREAM FREEZERS
02 NCAC 09G .1401 DEFINITIONS
02 NCAC 09G .1402 INSPECTION CERTIFICATE REQUIRED
02 NCAC 09G .1403 COUNTER FREEZER UNIT: INSTALLATION
02 NCAC 09G .1404 CLEANING AND STERILIZING EQUIPMENT
02 NCAC 09G .1405 PERSONS ENGAGED IN MANUFACTURE
02 NCAC 09G .1406 ICE CREAM MIXES: ETC.
History Note: Authority G.S. 106‑253;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1500 ‑ MOBILE FROZEN DESSERT MANUFACTURING
UNITS
02 NCAC 09G .1501 DEFINITION
02 NCAC 09G .1502 MIX
02 NCAC 09G .1503 ENCLOSURE
02 NCAC 09G .1504 MACHINES
02 NCAC 09G .1505 FACILITIES FOR CLEANING AND
STERILIZING
02 NCAC 09G .1506 STORAGE FACILITIES FOR SUPPLIES
History Note: Authority G.S. 106‑253; 106‑267;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1600 ‑ DEFINITIONS AND STANDARDS FOR ICE CREAM:
OTHER FROZEN MILK PRODUCTS AND WATER ICES
02 NCAC 09G .1601 FROZEN DESSERTS
02 NCAC 09G .1602 MILK PRODUCTS
02 NCAC 09G .1603 ICE CREAM
02 NCAC 09G .1604 FRUIT ICE CREAM
02 NCAC 09G .1605 NUT ICE CREAM
02 NCAC 09G .1606 CHOCOLATE OR COCOA ICE CREAM
02 NCAC 09G .1607 ICE MILK
02 NCAC 09G .1608 ICE MILK IN OPEN CONTAINERS
02 NCAC 09G .1609 DIETETIC ICE MILK
02 NCAC 09G .1610 DIETARY FROZEN DESSERT
02 NCAC 09G .1611 MILK SHERBET
02 NCAC 09G .1612 WATER ICE
02 NCAC 09G .1613 QUIESCENTLY FROZEN CONFECTIONS
02 NCAC 09G .1614 QUIESCENTLY FROZEN DAIRY CONFECTIONS
02 NCAC 09G .1615 LABELING QUIESCENTLY FROZEN PRODUCTS
02 NCAC 09G .1616 FROZEN DESSERT MIX
02 NCAC 09G .1617 FAT
02 NCAC 09G .1618 EXCEPTIONS
History Note: Authority G.S. 106‑253; 106‑267;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1700 ‑ MILK SHAKES AND MILK SHAKE BASE
02 NCAC 09G .1701 MILK SHAKE: DEFINITION
02 NCAC 09G .1702 MILK SHAKE BASE: DEFINITION
02 NCAC 09G .1703 DISPENSER MILK SHAKE MACHINE
History Note: Authority G.S. 106‑253;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1800 ‑ DISPENSER MILK SHAKE MACHINES
02 NCAC 09G .1801 DEFINITIONS
02 NCAC 09G .1802 INSTALLATION
02 NCAC 09G .1803 MILK SHAKE MIX
02 NCAC 09G .1804 MIX STORAGE
02 NCAC 09G .1805 FACILITIES FOR CLEANING AND
STERILIZATION
02 NCAC 09G .1806 WATER SUPPLY
02 NCAC 09G .1807 TOILET FACILITIES
02 NCAC 09G .1808 PERSONNEL
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .1900 ‑ TESTING OF PRODUCER MILK BY THE MILKO‑TESTER
METHOD
02 NCAC 09G .1901 DEFINITIONS
02 NCAC 09G .1902 LICENSING REQUIREMENTS
02 NCAC 09G .1903 REFERENCE METHOD
02 NCAC 09G .1904 CALIBRATION OF MILKO‑TESTER
02 NCAC 09G .1905 PREPARATION OF SAMPLES
02 NCAC 09G .1906 OPERATING PROCEDURES
History Note: Authority G.S. 106‑267;
Eff. February 1, 1976;
Repealed Eff. February 1, 1982.
SECTION .2000 ‑ GRADE A MILK SANITATION
02 NCAC 09G .2001 GENERAL ‑ ADOPTION BY REFERENCE
The 1978 Pasteurized Milk Ordinance, including all
appendices and administrative procedures, recommended by the U.S. Public Health
Service/Food and Drug Administration (hereinafter referred to as the "Milk
Ordinance") is adopted by reference in accordance with G.S. 150B‑14(c).
Copies of the Milk Ordinance may be obtained from the Division of Environmental
Health.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Amended Eff. December 1, 1990; June 1, 1988; July 1, 1986;
Transferred from 15A NCAC 18A .1201 Eff. May 1, 2012.
02 NCAC 09G .2002 MODIFICATIONS OF THE ADOPTION BY
REFERENCE
(a) The provisions of this Rule make amendments, additions,
and deletions to the Milk Ordinance adopted by reference in Rule .2001 of this
Section.
(b) In the Milk Ordinance, several blank spaces are
identified by three periods ("..."). The following provisions
identify the location of the blank spaces in the Milk Ordinance and provide the
words to be inserted in the blanks:
(1) On page 31, the second paragraph, the word
"State" is inserted in the first blank, and the words "North Carolina" are inserted in the second blank.
(2) On page 36, Section 1, Item X, the words
"delegated representative" are inserted in the first blank, the words
"Division of Environmental Health" are inserted in the second blank,
and the rest of the sentence is deleted.
(3) On page 37, Section 2, the first paragraph,
the word "State" is inserted in the first blank, and the words "North Carolina" are inserted in the second blank.
(4) On page 42, Section 5, the first paragraph,
the words "North Carolina" are inserted.
(5) On page 46, Section 6, second column, the
fourth paragraph, the word "current" is inserted in the first blank
and the word "current" is inserted in the second blank.
(6) On page 76, Section 7, Item 6p, the first
paragraph, the word "State" is inserted in the first blank, and the
words "North Carolina" are inserted in the second blank.
(7) On page 77, Section 7, Item 6p,
Administrative Procedures, the word "State" is inserted in the first
blank, and the words "North Carolina" are inserted in the second
blank.
(8) On page 122, Section 11, the first
paragraph, the word "State" is inserted in the first blank, and the
words "North Carolina" are inserted in the second and third blanks.
(c) The Milk Ordinance is amended by:
(1) Deleting the words "or its
jurisdiction" wherever the words appear in the Milk Ordinance.
(2) Deleting the words "twelve months from
the date this ordinance is adopted" as they appear on page 121, Section 9
of the Milk Ordinance, and substitute the words "January 1, 1985".
(3) Adding the following paragraph to the end
of Section 9 of the Milk Ordinance: "No restaurant, soda fountain, other
food service establishment, retail outlet, milk distribution plant, or grocery
store shall serve, sell or offer for sale any Grade "A" milk or milk
products which have not been properly handled; which are in soiled cartons or
containers; which have not been stored in clean refrigerated storage rooms or
display cases; and which have not been maintained at a temperature of 45
degrees F. (7 degrees C.) or less".
(4) Deleting the words "every 3
years" as they appear on page 61A, Section 7, Item 8r, Administrative
Procedure No. 7, and substituting the words "once every year".
(5) Deleting the words "every 3 years"
as they appear on page 199, Appendix G, paragraph entitled
"frequency", line No. 6, and by substituting the words "once
every year".
(6) Deleting Appendix C and all of Appendix D
except Part V and VI.
(7) Deleting the last sentence of
Administrative Procedure No. 1 in Item 7r, Section 7, page 60A and by
substituting the sentence "All sewage and other liquid wastes shall be
disposed of in a public sewer system or, in the absence of a public sewer
system, by an approved, properly operating sanitary sewage system".
(8) Deleting the words "Appendix D, p.
155," as they appear on page 61A, Section 7, Item 8r, Administrative
Procedure No. 1, by substituting the words "the Commission for Public
Health's Rules governing water supplies", and by adding the following
sentence at the end of Administrative Procedure No. 1: "Copies of 15A
NCAC 18A .1700 and 15A NCAC 18C may be obtained from the Division."
(9) Deleting the words "(see Appendix D,
p. 155)" as they appear on page 61A, Section 7, Item 8r, Administrative Procedure
No. 6.
(10) Deleting the words "(see Appendix
D)" as they appear on page 78, Section 7, Item 7p, Administrative
Procedure No. 6.
(11) Deleting the words "Appendix D, p.
155," as they appear on page 77, Section 7, Item 7p, Administrative
Procedure No. 2, and by substituting the words "The Commission for Public
Health' Rules governing water supplies".
(12) Deleting Section 3 and the accompanying
Administrative Procedures, and by deleting Sections 15 through 18.
(13) Deleting the seventh paragraph of Section 5
on page 42, which begins with the words "should the violation" and by
substituting the following paragraph: "Should the violation of any
requirement set forth in Section 7, or in the case of a milk hauler also
Section 6, be found to exist on an inspection, the posting of the inspection
report shall serve as notice of intent to suspend the permit if the violation
noted is not in compliance at the time of the next inspection. The finding of
violation may be appealed by requesting a hearing within the time specified in
the notice. If the violation is not in compliance at the time of the next
inspection and a hearing is not requested within the time period stated in this
Paragraph, the permit will be suspended".
(14) Deleting the first sentence following the
words "ENFORCEMENT PROCEDURE." which are found in the Administrative
Procedures of Section 5 on page 44.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Amended Eff. January 1, 1999; September 1, 1991; December
1, 1990; July 1, 1985;
Transferred from 15A NCAC 18A .1202 Eff. May 1, 2012.
02 NCAC 09G .2003 DEFINITIONS
(a) The following definitions shall apply throughout this
Section:
(1) "Division" means the Division of
Environmental Health or its delegated representative.
(2) "Independent Milk Distributor"
means any person who is not under the control or ownership of a milk plant and
sells or offers for sale to another any Grade "A" pasteurized milk or
milk products.
(b) All definitions contained in the Milk Ordinance shall
apply throughout this Section.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Amended Eff. December 1, 1990;
Transferred from 15A NCAC 18A .1203 Eff. May 1, 2012.
02 ncac 09g .2004 PERMITS REQUIRED
(a) No person shall produce, process, transport, or
distribute Grade "A" milk without first obtaining a permit from the
Division. A person who complies with the requirements of this Section shall be
issued a permit. Permits shall not be transferable with respect to persons or
locations.
(b) The following shall be exempt from the permit
requirements of Paragraph (a) of this Rule:
(1) grocery stores;
(2) restaurants;
(3) soda fountains; and
(4) other establishments where milk or milk
products are only served or sold at retail.
(c) The following shall not be required to obtain a
hauler's permit:
(1) milk producers who transport milk or milk
products only from their own dairy farm;
(2) employees of a milk distributor or milk
plant operator that has a valid permit; and
(3) employees of a milk transportation company
that has a valid permit and transports milk from a milk plant, receiving
station, or transfer station.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Amended Eff. December 1, 1990;
Transferred from 15A NCAC 18A .1204 Eff. May 1, 2012.
02 ncac 09g .2005 PROCEDURE FOR ISSUANCE OF PERMIT:
SAMPLING: EMBARGO
(a) Milk plants shall be issued a North Carolina permit by
the Division. This permit shall cover the milk plant and plant‑owned
distributors. The Division shall assure that a minimum of four samples of raw
milk for pasteurization shall be taken and recorded from each milk plant after
receipt of the milk by the plant and prior to pasteurization every consecutive
six months, and shall sample Grade "A" pasteurized milk and milk
products a minimum of four times every consecutive six months. Samples shall
be collected from the milk plant or plant‑owned distributors.
(b) Independent milk distributors, out-of-state milk plants
and milk distributors, and milk haulers shall be issued a North Carolina permit
by the Division.
(c) A local health department without a milk plant or
independent milk distributor located in its jurisdiction is authorized, but is
not required to sample Grade "A" pasteurized milk or milk products.
The local health department shall maintain a record of temperature and
cleanliness in retail stores, grocery stores, milk delivery trucks, and similar
establishments to determine compliance with Sections 2, 4, 9, and 10 of the
Milk Ordinance.
(d) Dairy farms shall be issued a North Carolina permit by
the Division. Dairy farms transferring from one milk plant or bulk tank unit
to another shall not be issued a new permit, but the dairy farm records shall
be transferred to the appropriate Division representative maintaining the
records for the new milk plant or bulk tank unit. The Division shall assure
that a minimum of four samples of raw milk for pasteurization are recorded
every consecutive six months.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Amended Eff. April 1, 1994; December 1, 1990;
Transferred from 15A NCAC 18A .1205 Eff. May 1, 2012.
02 ncac 09g .2006 PERMIT SUSPENSION AND REVOCATION
(a) The Division may suspend a permit:
(1) when it has reason to believe that an
imminent health hazard exists;
(2) when the permit holder has violated any of
the requirements of this Section; or
(3) when the permit holder has obstructed the
Division in the performance of its duties.
(b) The permit issuing agency may forego suspension of the
permit if the product or products in violation are not sold or offered for sale
until the conditions of Paragraph (e) are met.
(c) Except where an imminent health hazard exists, the
Division shall serve upon the permit holder a written notice of intent to
suspend a permit. The written notice shall meet the following requirements:
(1) specify with particularity the violations
in question;
(2) afford the permit holder such time to
correct the violations as may be agreed to by the parties or, in the absence of
agreement, fixed by the Division; and
(3) notify the permit holder that an
administrative hearing will be held prior to suspension of the permit if the
permit holder requests a hearing within the time given for correcting the
violations.
(d) Where an imminent health hazard exists, the permit may
be suspended immediately and a hearing scheduled thereafter.
(e) A permit suspension shall remain in effect until the
violations have been corrected. Permit suspension may be lifted as follows:
(1) If a permit suspension is due to a
violation of any of the bacterial, coliform, or cooling‑temperature
standards, the Division may, within one week after the receipt of notification
of the correction of the violations, temporarily lift the suspension after
determining by an inspection of the facilities and operating methods that the
conditions responsible for the violation have been corrected. If a permit
suspension is due to a violation of the somatic cell count standard, the
Division may temporarily lift the suspension whenever a resampling of the herd
milk supply indicates the milk supply to be within acceptable limits as prescribed
in Section 7 of the Milk Ordinance. In both cases, samples shall then be taken
at the rate of not more than two per week on separate days within a three‑week
period. The Division shall lift any suspension upon compliance with the
appropriate standard as determined in accordance with Section 6 of the Milk
Ordinance.
(2) If a permit suspension is due to a
violation of a requirement other than bacteriological, coliform, somatic cell
count, or cooling‑temperature standards, the permit holder may notify the
Division that the violations have been corrected. Within one week of the
receipt of such notification, the Division shall make an inspection of the
permit holder's establishment and make as many additional inspections
thereafter as are necessary to determine that the permit holder's establishment
is complying with the requirements. If the establishment is in compliance, the
suspension of the permit will be lifted.
(f) Upon repeated violations, the Division may revoke a
permit in accordance with G.S. 130A‑23. This Rule is not intended to
preclude the institution of court action as provided in Rule .2007 of this
Section.
(g) If a local health department issues the permit, the
local health department is responsible for suspending or revoking the permit.
The local health department shall utilize information submitted by the Division
or another local health department.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Amended Eff. September 1, 1991; December 1, 1990; October
1, 1985;
Transferred from 15A NCAC 18A .1206 Eff. May 1, 2012.
02 NCAC 09G .2007 ENFORCEMENT AND PENALTIES
(a) The rules of this Section shall be enforced by the
Division.
(b) Any provision contained in the Administrative
Procedures sections of the Milk Ordinance or the Appendices to the Milk
Ordinance which have been adopted by reference and which specifies mandatory
compliance shall be enforced as a requirement of the rules of this Section.
(c) A person who violates a provision of the rules of this
Section is subject to the penalty provisions contained in G.S. 130A‑18
and 130A‑25.
(d) Milk may be embargoed in accordance with the provisions
of G.S. 130A‑21.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Transferred from 15A NCAC 18A .1207 Eff. May 1, 2012.
02 ncac 09g .2008 SEVERABILITY
If a provision of this Section or the application of a
provision to any person or circumstance is held invalid, the remainder of the
provisions of this Section or the application of the provisions to other
persons or circumstances shall not be affected.
History Note: Authority G.S. 106-266.31;
Eff. January 1, 1985;
Transferred from 15A NCAC 18A .1208 Eff. May 1, 2012.
02 ncac 09g .2009 APPEALS PROCEDURE
Appeals concerning the interpretation and enforcement of the
rules in this Section shall be made in accordance with G.S. 150B.
History Note: Authority G.S. 106-266.31;
Eff. February 1, 1987;
Transferred from 15A NCAC 18A .1209 Eff. May 1, 2012.
02 NCAC 09g .2010 RESTRICTIONS ON DISPENSING RAW MILK
(a) Dairy farms shall dispense raw milk or raw milk
products only to a permitted milk hauler or to a processing facility for which
the processing of milk is permitted, graded or regulated by a state or federal
agency.
(b) The farmer or the owner of the raw milk or raw milk
products may, nevertheless, destroy the milk or dispense it for animal feed in
accordance with any applicable state and federal regulations.
History Note: Authority G.S. 106-266.31;
Temporary Adoption Eff. April 2, 2001;
Temporary Adoption Expired January 11, 2002;
Temporary Adoption Eff. June 1, 2003;
Eff. February 1, 2004;
Transferred from 15A NCAC 18A .1210 Eff. May 1, 2012.