CHAPTER 68DAIRY[Prior to 3/9/88, see Agriculture Department 30—Ch 30][Prior to 7/27/88, see 21—Ch 30]2168.1(192, 194) Definitions. In addition to the definition found in the Code of Iowa, the following terms shall mean:
"Habitual violator" is a producer or other dairy industry business entity that is regulated by the department, for whom the monthly official records for somatic cell counts, bacteria, cooling or added water show that the violation has occurred eight times in a 12-month period, including the accelerated testing counts; or that has received three, two-of-four warning letters in a 12-month period; or that has received a second three-of-five, off-the-market letter in a 12-month period; or that has been cited for unsanitary conditions three times in a 12-month period; or that has been found with a fourth positive antibiotic in a 12-month period.
"Imminent hazard to the public health" means any condition so serious as to require immediate action to protect the public health. It shall include, but is not limited to: pesticide, antibiotic, or any other substance in milk or milk products considered to be dangerous if consumed by humans.
"P.M.O." means the Grade A Pasteurized Milk Ordinance, 2019 Revisions, from the United States Public Health Service/Food and Drug Administration, a copy of which is on file with the department and is incorporated into this chapter by reference and made a part of this chapter.
"Public health hazard" means any condition which, if not corrected, could endanger the public health.
"Qualified personnel" means employees certified or approved by the department to perform certain tasks as required by the Code of Iowa. It shall include, but not be limited to, dairy industry inspectors and hearing officers.Related ARC(s): 8699B, 2104C, 4946C2168.2(192) Licenses and permits required. 68.2(1) Milk plant permit. A person who brings, sends into, or receives into this state, milk or milk products for storage, transfer, processing, sale or to offer for sale, shall possess a “milk plant” permit. 68.2(2) Grade A farm permit. A person who operates a dairy farm to produce “Grade A milk” shall possess a “Grade A farm” permit. 68.2(3) Grade B farm permit. A person who operates a dairy farm to produce milk to be used as “milk for manufacturing purposes” shall possess a “Grade B farm” permit. 68.2(4) Hauler/grader license. A person engaged in the transporting, transferring, sampling, weighing or measuring of milk or a person engaged as a sample courier shall possess a “hauler/grader” license. 68.2(5) Tester license. A person who tests a dairy product for fat content to establish a value of the product shall possess a “tester’s” license. 68.2(6) Milk truck license. A vehicle used primarily for collecting or transporting milk or milk product in the bulk shall possess a “milk truck” license. 68.2(7) Dairy distributor’s permit. A person primarily in the business of distributing dairy products shall possess a “dairy distributor” permit.2168.3(192) License application. Reserved.2168.4(192) Certification of personnel. Certification programs conducted by the department shall follow closely the procedures as outlined in the P.M.O., Appendix B. 68.4(1) Dairy industry inspectors. Reserved. 68.4(2) Field representative. The department shall provide a certification program for individuals who work as “quality control” officers in the dairy industry but are not employees of the department. An individual certified as a “field representative” may perform certain tasks for the department when authorized to do so by the department.2168.5(190, 192, 194) Milk tests. The department recognizes approved methods of testing milk or cream for milk fat and other dairy products as specified in Standard Methods for the Examination of Dairy Products (17th Edition). That publication is hereby incorporated into this rule by this reference and made part thereof insofar as applicable, and a copy is on file with the department.All milk, graded or tested, as provided by Iowa Code chapters 192 and 194 shall be graded and tested by samples which shall be taken in the following manner:
- Samples may only be taken from vats or tanks which pass the required organoleptic test.
- The temperature of milk in bulk tanks from which the sample is to be taken must not be higher than 45 degrees Fahrenheit for Grade A milk and 50 degrees Fahrenheit for manufacturing milk.
- The temperature of the milk in the bulk tank shall be recorded on the farm milk room record, on the collection record, and on the sample container.
- The volume of the milk in the bulk tank shall then be measured and the measurement shall be recorded.
- Bulk tanks of less than 1,000-gallon size shall be agitated for a period of not less than five minutes. Bulk tanks of 1,000 gallons or greater shall be agitated for a period of not less than ten minutes. However, if the manufacturer of the bulk tank provides in writing that a lesser time for agitation is acceptable given the design of the bulk tank, then the lesser time is acceptable if the agitation is done in a manner and time consistent with the manufacturer’s written instructions. In addition, the instructions must be conspicuously posted in the milk room. The instructions shall be laminated, framed under glass, or otherwise displayed so that the instructions will not deteriorate while displayed in the milk room.
- The sample shall then be taken by using an approved sterile dipper and the milk shall be poured in an approved sterile sample container, until the sample container is three-quarters full.
- The sample of milk shall then be immediately stored at a temperature of between 32 and 40 degrees Fahrenheit.
- Grade A and Grade B milk shall not be picked up from a farm bulk milk tank when the milk volume in the tank is insufficient to completely submerge the bulk milk agitator paddle or, if there is more than one set of paddles, the lower set of agitator paddles into the milk.
- No device, other than the bulk tank agitator, shall be used to agitate the milk in a farm bulk milk tank.
- If the milk in a farm bulk milk tank cannot be properly agitated by the bulk tank agitator at the time of pickup by the milk hauler, the milk shall not be sold for human consumption.
- A separate water supply.
- By supplying the high-pressure washer from a surge tank that is isolated from the main water supply system by an air gap.
- A low-pressure cutoff switch.
- A device built into the high-pressure washer by the manufacturer and approved by the department.
- Any other device installed in the system to prevent a negative pressure to the supply system that is approved by the department.
"Bulk milk tanker" means a mobile bulk container used to transport milk or fluid milk products from farm to plant or from plant to plant. This includes both the over-the-road semitankers and the tankers that are permanently mounted on a motor vehicle.
"Bulk tank" means a bulk tank used to cool and store milk on a farm.
"Can milk truck body" means a truck body permanently mounted on a motor vehicle for the purpose of picking up milk in milk cans from dairy farms for delivery to a milk plant.
"Dairy farm" means any place where one or more cows, sheep or goats are kept for the production of milk.
"Milk" means the lacteal secretion of cows, sheep or goats, and includes dairy products.
"Milk can" means a sanitary-designed, seamless, stainless steel can, manufactured from approved material for the purpose of storing raw milk on can milk farms, to be picked up and loaded onto a can milk truck body.
"Milk grader" means a person who collects a milk sample from a bulk tank or a bulk milk tanker. This includes dairy industry field personnel and dairy industry milk intake personnel.
"Milk hauler" means any person who collects milk at a dairy farm for delivery to a milk plant.
"Milk plant" means any facility where milk is processed, received or transferred.
"Milk producer" means any person who owns or operates a dairy farm.2168.41(192) Bulk milk tanker license required. 68.41(1) A milk tanker shall not operate in Iowa without a valid license. 68.41(2) The license application shall include a description of the bulk milk tanker, including the make, serial number, capacity and the address at which the bulk milk tanker is customarily kept when not being used. The applicant shall also furnish any other information which the department reasonably requires for identification and licensing. 68.41(3) A license pursuant to this rule expires June 30 biennially and is not transferable between tankers. 68.41(4) The department may initiate an enforcement action against a person operating a bulk milk tanker if the department determines that the person has operated without a license or has procured another person to operate without a license. 68.41(5) The cost of the bulk milk tanker license is $50. 68.41(6) If the bulk milk tanker and accessories have been inspected within the last 12 months and carry a current license, the bulk milk tanker renewal license application and a return envelope will be mailed to the owner of the tanker in April biennially by the dairy products control bureau office in Des Moines.Related ARC(s): 3232C2168.42(192) Bulk milk tanker construction. A bulk milk tanker, including equipment and accessories, shall be of a sanitary design and construction and shall comply with “3-A Sanitary Standards for Stainless Steel Automotive Milk and Milk Products Transportation Tanks for Bulk Delivery and/or Farm Pick-Up Service,” Number B-05-15-A (April 14, 2015), published jointly by the International Association of Milk, Food and Environmental Sanitarians, Inc.and the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services.Related ARC(s): 2104C2168.43(192) Bulk milk tanker cleaning and maintenance. 68.43(1) A bulk milk tanker, including equipment and accessories, shall be thoroughly cleaned immediately after each day’s use and shall be kept clean and in good repair. 68.43(2) All product contact surfaces on a bulk milk tanker, including all contact product surfaces of equipment and accessories used on the tanker, shall be thoroughly cleaned. 68.43(3) External surfaces of a bulk milk tanker shall also be thoroughly cleaned.2168.44(192) Bulk tanker sanitization. All product contact surfaces on a bulk milk tanker, including equipment and accessories, shall be thoroughly sanitized immediately after cleaning.2168.45(192) Bulk milk tanker cleaning facility. 68.45(1) A bulk milk tanker shall be cleaned and sanitized in a fully enclosed facility. 68.45(2) The facility shall have an impervious drained floor and shall be equipped with adequate hot and cold water under pressure, a wash vat, sanitizing facilities and equipment storage racks. 68.45(3) A bulk milk tanker may be cleaned and sanitized in the same room where milk is being received from bulk milk tankers.2168.46(192) Bulk milk tanker cleaning tag. 68.46(1) When a bulk milk tanker has been thoroughly cleaned and sanitized, but is not returning to the same plant, the dairy receiving operator shall attach a tag showing all of the following: a. The date on which the tanker was cleaned and sanitized. b. The name and location of the facility where the tanker was cleaned and sanitized. c. The legible signature or initials of the person who cleaned and sanitized the tanker. d. The type or name of the chemicals used to clean and sanitize. 68.46(2) The tag shall be attached to the outlet valve or inside the pump cabinet of the tanker. 68.46(3) The tag shall not be removed until the tanker is cleaned and sanitized again. 68.46(4) All unused tags shall be maintained in a secure location so they cannot be easily used for unauthorized purposes.2168.47(192) Dairy plant, receiving station or transfer station records. 68.47(1) Records shall be kept at all plants where tankers are cleaned and sanitized. 68.47(2) The records shall be kept for at least 90 days. 68.47(3) The records shall include all of the following: a. The name and address of the facility where the tanker was cleaned and sanitized. b. The date on which the tanker was cleaned and sanitized. c. The legible name or initials of the person who cleaned and sanitized the tanker.2168.48(192) Milk hauler license required. 68.48(1) A person shall not engage in the activities of being a milk hauler without a valid milk hauler license. 68.48(2) The cost of a milk hauler license is $20. 68.48(3) A milk hauler license obtained pursuant to this rule expires June 30 biennially and is not transferable between persons. 68.48(4) As a condition of relicensing, a milk hauler license renewal applicant shall have had an on-the-farm evaluation of milk pickup procedures by a department inspector within two years immediately prior to relicensure and shall have attended a milk hauler school within three years immediately prior if a hauler school was made available within that three-year period. 68.48(5) If a milk hauler with a current license has had an on-the-farm evaluation within the last two years and has attended a state milk hauler training school within the last three years, a milk hauler renewal application and a return envelope will be mailed to the milk hauler in April biennially by the dairy products control bureau office in Des Moines. 68.48(6) The department may take action against a person if the department determines that the person has engaged in activities requiring a milk hauler license without a valid milk hauler license or has procured another person to operate without a license.Related ARC(s): 3232C2168.49(192) New milk hauler license applicant. Rescinded ARC 3232C, IAB 8/2/17, effective 9/6/17. 2168.50(192) Supplies required for milk collection and sampling. A milk hauler who collects milk in bulk from a dairy farm shall have all of the following supplies available:
- An adequate supply of sample containers.
- A sample dipper.
- A sample dipper storage container.
- A sanitizing solution in the sample dipper storage container of 200 ppm of chlorine or equivalent.
- An insulated carrying case with a rack to hold samples.
- A certified thermometer, accurate to plus or minus 2°F, that can be used to check the temperature of the milk in the farm bulk tank, the accuracy of the farm bulk tank thermometers and the temperature of the commingled load.
- A marking device to identify samples collected.
- A watch or timing device.
- An adequate supply of forms needed for milk collection and records.
- A writing device to write on the forms and records.
- Access to an adequate supply of single-service paper towels.
- A milk hauler shall wear clean clothing.
- A milk hauler shall maintain a high degree of personal cleanliness.
- A milk hauler shall observe good hygienic practices.
- A milk hauler shall not measure, sample or collect milk if the hauler has a discharging or infected wound or lesion on the hauler’s hands or exposed arms.
- Objectionable odor.
- Abnormal appearance and consistency.
- Visible adulteration.
- Using a thermometer.
- Measuring the milk.
- Collecting a milk sample.
- The milk producer identification number.
- The milk hauler’s initials.
- The date when the milk was sampled and collected.
- The temperature of the milk when collected.
- The weight or volume of milk collected as determined by the milk hauler.
- The time of pickup, including whether A.M. or P.M. or military time.
- Shall collect the sample after the bulk tank milk has been thoroughly agitated.
- Shall agitate a bulk tank of less than a 1000 gallon size, in the presence of the milk hauler, for at least five minutes before the milk sample is taken.
- Shall agitate a bulk tank of a 1000 gallon size or larger, in the presence of the milk hauler, for at least ten minutes before the milk sample is taken. If there are stamped printed instructions on the bulk tank, giving explicit agitation instructions that are different from ten minutes, the bulk tank shall then be agitated according to the written instructions.
- Shall collect the sample using a sanitized sample dipper that is manufactured for the purpose of taking a milk sample from a bulk tank. The milk hauler shall not use the sample container to collect a milk sample.
- Shall rinse the sanitized sample dipper in the milk, in the bulk tank, at least two times before the dipper is used to collect the sample.
- After rinsing the sample dipper in the milk, shall pour the sample from the dipper into a sample container until the sample container is ¾ full and shall securely close the sample container.
- Shall not fill the sample container over the bulk tank, but shall fill the sample container off to the side of the bulk tank, over the floor of the milk room.
- Shall handle the sample container and cap aseptically.
- After collecting the milk sample, shall immediately place the sample on a rack or floater, on ice in the insulated sample container, and rinse the sample dipper with clean potable water.
- The producer identification number.
- The initials of the milk hauler.
- The date the sample was collected.
- The time the sample was collected.
- The temperature of the milk in the farm bulk tank from which the TC sample was collected.
- The producer identification number.
- The date when the sample was collected.
- The temperature of the milk in the bulk tank.
- Shall be constructed of rigid metal or plastic.
- Shall be effectively insulated and refrigerated to keep the samples at the required temperature.
- Shall have a rack or floater designed to hold samples in the upright position.
- Falsely identify any milk sample.
- Submit a false or manipulated milk sample.
- Submit a milk sample collected in violation of this chapter.
- Misrepresent the amount of milk collected from a dairy farm.
- Misrepresent or falsify any record or report required under this chapter.
- Not measuring the milk before pumping.
- Not collecting a sample from the farm bulk tank.
- Collecting milk from a container other than the farm bulk tank or an approved milk can.
- Not collecting a milk sample before pumping or opening the valve to the milk tanker.
- Mixing the contents of milk samples with other milk samples.
- Collecting a sample before proper agitation.
- Not using proper sample collection equipment.
- Falsely identifying a milk sample.
- Submitting a false or manipulated milk sample or a false sample collection record.