Chapter
285
2005 -- S 0418
Enacted 07/15/05
A N A C T
RELATING TO MILK SANITATION CODE
Introduced By: Senators Breene, Gibbs, Sosnowski, Blais, and Algiere
Date Introduced: February 10, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 21-2-3, 21-2-5 and 21-2-7 of the General Laws in Chapter 21-2
entitled
"Milk Sanitation Code" are hereby amended to read as follows:
21-2-3.
Definitions. -- (a) "Cream" means the liquid milk product
high in fat from milk,
which
may have been adjusted by adding to it: milk, concentrated milk, dry whole
milk, skim
milk, or
nonfat dry milk.
(b) "Director" means the director of the department of health unless
otherwise specified.
(c) "Goat milk" is the lacteal secretion, practically free from
colostrum, obtained by the
complete
milking of healthy goats. The word "milk" is interpreted to include
goat milk.
(d) "Grade A" means milk, cream, and products of milk and cream which
comply with
the
applicable provisions of regulations established by the director.
(e) "Milk" means the lacteal secretion, practically free from
colostrum, obtained by
complete
milking of one or more healthy cows. Milk that is in final package form for
beverage
use
shall contain not less than eight and one-fourth percent (8.25%) milk solids
not fat and not
less
than three and one-fourth percent (3.25%) milk fat. Milk may have been adjusted
by
separating
part of the milk fat from it or by adding cream, concentrated milk, dry whole milk,
skim
milk, concentrated skim milk, or nonfat dry milk to it. The milk may be
homogenized.
(f) "Raw milk for pasteurization" means grade "A" milk for
pasteurization and raw
products
of milk which comply with the sanitary standards for their production,
transportation,
receiving,
handling, storage, processing, distribution, and sale as established by the
director.
(g)
"Raw milk cheese" means any aged hard cheese manufactured from raw
milk which
has
not undergone the process of pasteurization and which contains generally
recognized safe and
suitable
ingredients as defined in 21 C.F.R. 184.
21-2-5.
Analysis of raw milk by private milk laboratories. -- (a) Each milk
plant
engaged
in processing milk shall, at least once in each calendar month, either through
its own
agents
or through its milk haulers, collect, preserve, and submit to a private milk
laboratory for
analysis
a sample or samples of the milk of each producer supplying milk to the milk
plant. The
laboratory
shall determine the bacterial counts of the sample, both as raw milk and after
pasteurization
in the laboratory, the determination to be made by the standard plate count
method,
as well
as a determination for any harmful substances that the director may by
regulation require,
and
shall keep a record of these findings for a period of not less than one year
following the
findings
which shall be open to inspection by the director or any milk inspector. The
laboratory
shall
make a report to the milk plant submitting the sample with respect to each
determination.
(b) The director may by regulation require any milk plant to submit samples of
milk after
pasteurization
in the plant to a private laboratory for analysis for the purpose of
ascertaining
bacterial
counts or the presence of harmful substances or organisms as the director may
require,
and the
laboratory shall make its reports on its analysis available to the director in
the same
manner
as with respect to samples of raw milk submitted by producers.
(c) Regulations promulgated by the director pursuant to this section requiring
sampling
by a
private milk laboratory shall not impose an unreasonable burden on milk plants.
The director
may in
his or her discretion engage private laboratories to perform any additional
tests that he or
she may
require in the event the expense of the tests constitutes an unreasonable
burden on milk
plants. The
director may by regulation require producers of raw milk cheese to submit
samples of
unpasteurized
milk for said analysis.
21-2-7.
Permits. -- (a) It shall be unlawful for any milk producer whose dairy
farm is
located
wholly or partly in this state to sell or to offer to sell milk or milk
products or to have
milk
stored for sale who does not possess at all times a Rhode Island producer's
permit from the
director.
(b) It shall be unlawful for any milk hauler to transport any milk or milk
products to any
milk
plant in the state of Rhode Island or to transport any milk in this state
destined for sale in
this
state unless he or she shall at all times possess a Rhode Island milk hauler's
permit from the
director.
(c) It shall be unlawful for any person to operate a milk plant in the state of
Rhode Island
who does
not possess a Rhode Island milk plant permit from the director with respect to
each
plant
located in Rhode Island.
(d) It shall be unlawful for any milk distributor to sell or offer to sell milk
or milk
products,
including raw milk cheese, within the state of Rhode Island unless he or
she shall at all
times
possess a milk distributor's permit from the director.
(e) It shall be unlawful for any milk hauler to transport any milk or milk
products from
any
point outside the state into the state of Rhode Island for sale or processing
in this state or for
any milk
plant located in Rhode Island to process any milk or milk products which come
from
any
point outside the state of Rhode Island or for any milk distributor to sell any
milk or milk
products
within this state which come from any point outside this state, unless:
(1) Every producer who produces any part of the milk or milk products shall
have been
inspected
and shall from time to time be inspected with the same minimum frequency, to
the
same
degree, and according to the same requirements as provided in this chapter or
any
regulations
promulgated under this chapter in the case of Rhode Island producers;
(2) Every vehicle in which the milk is transported to the plant where processed
shall
from
time to time be inspected with the same minimum frequency, to the same degree,
and
according
to the same requirements as provided in this chapter or any regulations
promulgated
pursuant
to this chapter in the case of Rhode Island milk hauler permittees; and
(3) The operator of each milk plant located outside the state of Rhode Island
where any
part of
the milk is processed at all times possesses an out-of-state milk plant permit
from the
director.
(f) It shall be unlawful for any person located in the state of Rhode Island to
sell or offer
for sale
to any milk hauler or milk plant, or for any milk plant to pasteurize any raw
milk for
pasteurization,
any part of which shall be used for grade A pasteurized milk or for any grade A
milk
product, unless the person at all times is in possession of a Rhode Island
grade A producer's
permit.
(g) The fees for the permits referred to in this section shall be as follows:
(1) in-state
milk
processors: one hundred twenty dollars ($120); (2) out-of-state milk
processors: one hundred
twenty
dollars ($120); (3) milk distributors: one hundred twenty dollars ($120); (4)
milk
producers
and milk haulers shall be exempt from permit fees.
SECTION 2. This act shall
take effect upon passage.
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LC01406
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