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Regular Session, 2014
HOUSE BILL NO. 1279 (Substitute for House Bill No. 247 by Representative Ortego)
BY REPRESENTATIVES ORTEGO AND DANAHAY
AGRICULTURE/MILK: Provides relative to the sale or distribution of raw milk by a
farmer to a consumer
AN ACT1
To amend and reenact R.S. 40:921(A) and 922(A) and to enact Subpart C of Part VII of2
Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of3
R.S. 40:931 through 938, relative to the sale of milk; to provide for definitions; to4
authorize the incidental sales of raw milk; to provide for chemical, bacteriological,5
and temperature standards; to provide for sanitation standards; to provide for6
standards for bottling, packaging, and container filling; to provide for animal health7
standards; to provide for recalls; to prohibit statements implying endorsement by the8
Department of Health and Hospitals; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:921(A) and 922(A) are hereby amended and reenacted and11
Subpart C of Part VII of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 40:931 through 938, is hereby enacted to read as follows:13
§921. Grade A requirements; powdered whole milk and powdered skim milk14
labeling requirements15
A. All Except for the sale of raw milk pursuant to R.S. 40:931 et seq., all16
fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered17
for the purpose of human consumption as such, shall be Grade A according to18
specifications in the rules and regulations promulgated by the Department of Health19
and Hospitals, hereinafter referred to as the "department"; provided that a person20 HLS 14RS-1700 REENGROSSED
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may sell properly labeled milk of a quality less than Grade A for a period of thirty1
days under permit from the department, provided it is labeled as to grade.2
* * *3
§922. Rules and regulations prescribing sanitary standard requirements and grade4
labeling requirements5
A. The department is hereby empowered and shall hereby have the authority6
to promulgate rules and regulations prescribing the sanitary standard requirements7
of all milk sold or offered for sale in this state, other than raw milk sold pursuant to8
R.S. 40:931 et seq., provided that no rules and regulations shall be promulgated9
setting up standards lower than those as set forth in the U.S. Public Health Service10
Milk Ordinance and Code.11
* * *12
SUBPART C. SALE OF RAW MILK FOR HUMAN CONSUMPTI ON13
§931. Definitions14
In this Subpart, unless the context otherwise requires, the following15
definitions shall be applicable:16
(1) "Incidental sales of goat milk and whole milk that has not been17
pasteurized" means those sales where the average monthly number of gallons sold18
does not exceed five hundred gallons.19
(2) "Raw milk" means goat milk and whole milk that has not been20
pasteurized.21
(3) "Whole milk" means the lacteal secretion obtained by the complete22
milking of one or more healthy cows, properly fed and kept, that when offered for23
sale contains at least three and one-fourth percent of butterfat and eight and24
one-fourth percent solids not fat. The term "whole milk" shall not include lacteal25
secretion obtained within fifteen days before or five days after calving or a longer26
period if necessary to render the milk practically colostrum free.27 HLS 14RS-1700 REENGROSSED
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§932. Incidental sales of raw milk permitted; advertising; registration; labeling;1
inspection2
A. Notwithstanding any provision of law to the contrary, nothing in this Part3
shall be construed to prohibit incidental sales of goat milk or whole milk that has not4
been pasteurized, for the purpose of human consumption, directly to consumers by5
the farm where the milk is produced if the farm is registered pursuant to Subsection6
C of this Section, or to preclude the advertising of incidental sales of goat milk or7
whole milk that has not been pasteurized.8
B. Information describing the standards used by the farm or dairy with9
respect to the production of raw goat milk or whole milk shall be provided to the10
consumer by the farmer together with results of tests performed on the milk and the11
animals that produced the milk, and an explanation of the tests and test results.12
C. Registration of a farm or dairy as required by Subsection A of this Section13
shall be accomplished by delivering to the Department of Health and Hospitals a14
written statement containing all of the following information:15
(1) The name of the farmer, farm, or dairy.16
(2) A valid, current address of the farmer, farm, or dairy.17
(3) A statement that raw milk is being produced at the farm or dairy.18
D. With respect to goat milk or whole milk that has not been pasteurized, the19
seller shall do all of the following:20
(1) Post at the point of sale a sign that is no smaller than two feet by four feet21
that includes all of the following information in large, clear text:22
(a) The name and address of the farm with the seller's contact information.23
(b) The following statement: "This product, sold for personal use and not24
for resale, is raw milk that has NOT been pasteurized. Consuming milk that has not25
been pasteurized may increase your risk of foodborne illness. Persons at highest risk26
include newborns and infants; the elderly; pregnant women; those taking27
corticosteroids, antibiotics or antacids; and those having chronic illnesses or other28
conditions that weaken their immunity."29 HLS 14RS-1700 REENGROSSED
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(2) Affix a label to the bottle or package that includes all of the following1
information:2
(a) The name and address of the farm with the seller's contact information.3
(b) The following statement: "This product, sold for personal use and not4
for resale, is raw milk that has NOT been pasteurized. Consuming milk that has not5
been pasteurized may increase your risk of foodborne illness. Persons at highest risk6
include newborns and infants; the elderly; pregnant women; those taking7
corticosteroids, antibiotics or antacids; and those having chronic illnesses or other8
conditions that weaken their immunity."9
E. A farmer who sells fresh unpasteurized goat milk or whole milk shall10
permit inspection of the farmer's cows or goats and barns by any customer upon11
request.12
F. After registering with the department, the farm shall permit the13
department to inspect the farm's cows or goats and barns upon request of the14
department.15
§933. Chemical, bacteriological, and temperature standards16
All raw milk produced for human consumption pursuant to this Subpart shall17
conform with all of the following chemical, bacteriological, and temperature18
standards:19
(1) No process or manipulation other than appropriate refrigeration shall be20
applied to milk for the purpose of removing or deactivating microorganisms.21
(2) The milk shall be temperature cooled to forty degrees Fahrenheit or less22
immediately after being drawn at the first milking. The milk shall be maintained at23
that temperature, including during packaging and transportation, provided that the24
blend temperature after the first and subsequent milkings does not exceed forty25
degrees Fahrenheit.26
(3) Bacterial limits. Raw milk shall not exceed fifteen thousand per27
milliliter.28 HLS 14RS-1700 REENGROSSED
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(4) Drug residue tests on the milk shall be conducted at least two times1
during any consecutive six months. There shall be no positive results on drug2
residue detection methods.3
(5) Somatic cell. Raw milk count shall not exceed the federal limit.4
(6) Coliform. Raw milk shall not exceed ten per gram.5
(7) Pathogenic organisms. Individual producer milk shall not exceed zero6
organisms including but not limited to the following:7
(a) Escherichia coli 0157:H7.8
(b) Salmonella.9
(c) Listeria monocytogenes.10
(d) Campylobacter.11
§934. Sanitation12
All raw milk produced for human consumption pursuant to this Subpart shall13
conform with all of the following sanitation requirements.14
(1) Milk with abnormalities:15
(a) Lactating animals which show evidence of the secretion of milk with16
abnormalities in one or more quarters, based upon bacteriological, chemical, or17
physical examination, shall be milked last or with separate equipment and the milk18
shall be discarded.19
(b) Lactating animals that have been treated with, or have consumed,20
chemical, medicinal, or radioactive agents, which are capable of being secreted in21
the milk and which may be deleterious to human health, shall be milked last or with22
separate equipment and the milk shall be discarded.23
(c) Milk from lactating animals being treated with medicinal agents, which24
are capable of being secreted in the milk, shall not be offered for such period as is25
recommended by the attending veterinarian or as indicated on the package label of26
the medicinal agent.27 HLS 14RS-1700 REENGROSSED
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(d) Milk from lactating animals treated with or exposed to insecticides not1
approved for use on dairy animals by the United States Environmental Protection2
Agency shall not be offered.3
(e) Bloody, stringy, off-colored milk or milk that is abnormal to sight or4
odor, shall be handled and disposed of as to preclude the infection of other lactating5
animals and the contamination of milk utensils.6
(f)(i) Lactating animals secreting milk with abnormalities shall be milked7
last or in separate equipment which effectively prevents the contamination of the8
wholesome supply.9
(ii) Milking equipment used on animals with abnormalities in their milk shall10
be maintained clean to reduce the possibility of re-infection or cross-infection of the11
dairy animals.12
(g) Equipment, utensils, and containers used for the handling of milk with13
abnormalities shall not be used for the handling of milk to be distributed, unless they14
are first cleaned and effectively sanitized.15
(h)(i) Processed animal waste derivatives used as a feed ingredient for any16
portion of the total ration of the lactating dairy animal shall be properly processed17
in accordance with at least those requirements contained in the Model Regulations18
for Processed Animal Wastes as Animal Feed Ingredients developed by the19
Association of American Feed Control Officials and shall not contain levels of20
deleterious substances, harmful pathogenic organisms, or other toxic substances21
which are secreted in the milk at any level that may be deleterious to human health.22
(ii) Unprocessed poultry litter and unprocessed recycled animal body23
discharges shall not be fed to lactating dairy animals.24
(2) Milking barn or parlor construction:25
(a) A milking barn or parlor shall be provided on all farms or dairies in26
which the milking herd shall be housed during milking time operations.27
(b) All floors shall be constructed of concrete or equal impervious material.28
Convalescent or maternity pens located in milking areas of stanchion-type barns may29 HLS 14RS-1700 REENGROSSED
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be used when they comply with the guidelines specified in Appendix C of the Grade1
A Pasteurized Milk Ordinance. Floors shall be easily cleaned and shall be graded2
to drain. Floors shall also be maintained in good repair and free of excessive breaks3
or worn areas that may create pools.4
(c)(i) Walls and ceilings shall be smooth, painted, or finished in an approved5
manner, and in good repair. Ceilings shall be dust-tight.6
(ii) Approved materials include wood, tile, smooth-surfaced concrete,7
cement plaster, brick, or other equivalent materials with light colored surfaces.8
(iii) Walls, partitions, doors, shelves, windows, and ceilings shall be kept in9
good repair. Surfaces shall be refinished whenever wear or discoloration is evident.10
(iv) Whenever feed is stored overhead, ceilings shall be constructed to11
prevent the sifting of chaff and dust into the milking barn, stable, or parlor. If a hay12
opening is provided from the loft into the milking portion of the barn, the opening13
shall be provided with a dust-tight door which shall be kept closed during milking14
operations.15
(d) Separate stalls or pens for horses, calves, and bulls shall be provided.16
The portions of the barn that are not separated by tight partitions shall comply with17
all requirements of this Section.18
(e) Natural or artificial light well distributed for day or night milking shall19
be provided to ensure that all surfaces and particularly the working areas will be20
plainly visible. The equivalent of at least ten foot-candles, or one hundred ten lux,21
of light in all working areas shall be provided.22
(f) Sufficient air space and air circulation to prevent condensation and23
excessive odors shall be provided.24
(g)(i) There shall be no overcrowding which will be evidenced by the25
presence of calves, cows, or other barnyard animals in walks or feed alleys.26
(ii) Inadequate ventilation and excessive odors may also be evidence of an27
overcrowded barn.28 HLS 14RS-1700 REENGROSSED
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(iii) Pit areas in parlors shall be at least six feet wide from the overhang1
when cows are milked on two sides, and shall have six feet working areas when there2
is a single row of stalls.3
(iv) Ceiling height shall be at least seven feet in areas where cows stand.4
(h) There shall be dust-tight covered boxes or bins, or separate storage5
facilities for ground, chopped, or concentrated feed. A dust-tight partition, provided6
with doors that are kept closed except when in actual use, shall separate the milking7
portion of the barn from any feed room or silo in which feed is ground or mixed, or8
in which sweet feed is stored. Lactating animal-housing areas or stables without9
stanchions, such as loose housing stables, pen stables, resting barns, free stall barns,10
holding barns, loafing sheds, and wandering sheds, may be of shed-type11
construction, provided no milking is conducted therein.12
(3) Milking barn, stable, or parlor cleanliness:13
(a) The interior of the milking barn, stable, or parlor shall be kept clean.14
Floors, walls, ceilings, windows, pipelines, and equipment shall be free of filth and15
litter and shall be clean. Outside surfaces of pipeline systems located in the milking16
barn, stable, or parlor shall be kept reasonably clean.17
(b) Gutter cleaners shall be kept reasonably clean.18
(c) Swine and fowl shall be kept out of the milking barn.19
(d) All pens, calf stalls, and bull pens, if not separated from the milking barn,20
stable, or parlor, shall be kept clean.21
(e) Feed shall be stored in a manner that will not increase the dust content22
of the air or interfere with the cleaning of the floor, such as in covered, dust-tight23
boxes or bins. Open feed dollies or carts may be used for distributing the feed, but24
not storing food, in the milking area.25
(f) Milk stools, surcingles, and antikickers shall be kept clean and stored26
above the floor in a clean place in the milking barn, stable, parlor, or milkhouse,27
when not in use.28 HLS 14RS-1700 REENGROSSED
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(g) Food mangers shall be kept clean so as not to attract flies. Leftover feed1
in feed mangers shall appear fresh and not be wet or soggy.2
(4) Cowyard:3
(a) The cowyard, which is interpreted to be the enclosed or unenclosed area4
approximately adjacent to the milking barn in which the lactating animals may5
congregate, including animal-housing areas and feed lots, shall be graded and6
drained and shall have no standing pools of water or accumulations of organic7
wastes.8
(b) Wastes from the barn or milkhouse shall not be allowed to pool in the9
cowyard. Depressions and soggy areas shall be filled, and lactating animal lanes10
kept reasonably dry. Cowyards which are muddy due to recent rains shall not be11
considered a violation of this Paragraph.12
(c) Manure, soiled bedding, and waste feed shall not be stored or permitted13
to accumulate in such a manner as to permit the soiling of lactating animals' udders14
and flanks. Animal-housing areas including stables without stanchions, such as15
loose-housing stables, pen stables, resting barns, holding barns, loafing sheds,16
wandering sheds, or free-stall housing shall be considered part of the cowyard.17
Manure packs shall be solid to the footing of the animal.18
(d) In loafing or lactating animal housing areas, lactating animal droppings19
and soiled bedding shall be removed, or clean bedding added, at sufficiently frequent20
intervals to prevent the soiling of the lactating animal's udder and flanks.21
(e) Cooling ponds shall be allowed provided they are constructed and22
maintained in a manner that does not result in the visible soiling of flanks, udders,23
bellies, and tails of lactating animals exiting the pond.24
(f) Waste feed shall not be allowed to accumulate.25
(g) Swine shall be kept out of the cowyard.26
(5) Milkhouse or room construction and facilities:27
(a) A separate milkhouse or room of sufficient size shall be provided, in28
which the cooling, handling, and storing of milk and the washing, sanitizing, and29 HLS 14RS-1700 REENGROSSED
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storing of milk containers and utensils shall be conducted, except as provided for in1
Paragraph (12) of this Section.2
(b) The milkhouse shall be provided with a smooth floor constructed of3
concrete or equally impervious material graded to drain and maintained in good4
repair. Floors shall be sloped to drains so that there are no pools of standing water.5
Liquid waste shall be disposed of in a sanitary manner and all floor drains shall be6
accessible and shall be trapped if connected to a sanitary sewer system.7
(c) The joints between floors and walls shall be watertight.8
(d) The walls and ceilings shall be constructed of smooth material, in good9
repair, well painted, or finished in an equally suitable manner. Surfaces and joints10
shall be tight and smooth. Acceptable materials include sheet metal, tile, cement11
block, brick, concrete, cement plaster, or similar materials of light color. Surfaces12
up to splash height shall be nonabsorbent and easily cleanable.13
(e) The milkhouse shall have adequate natural or artificial light and be well14
ventilated. A minimum of twenty foot-candles, or two hundred twenty lux, of light15
shall be provided at all working areas from natural or artificial light for milkhouse16
operations.17
(f)(i) A vestibule, if used, shall comply with the applicable milkhouse18
construction requirements.19
(ii) Screened vents in the wall between the milkhouse and a breezeway,20
which separates the milkhouse from the milking parlor, are permitted, provided21
animals are not housed within the milking facility.22
(g) Water under pressure shall be piped into the milkhouse.23
(h) The milkhouse shall be adequately ventilated to minimize odors and24
condensation on floors, walls, ceilings, and clean utensils.25
(i) Vents, if installed, and lighting fixtures shall be located to preclude the26
contamination of bulk milk tanks or clean utensil storage area.27
(j) The milkhouse shall be equipped with a wash-and-rinse vat having at28
least two compartments. Each compartment shall be of sufficient size to29 HLS 14RS-1700 REENGROSSED
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accommodate the largest utensil or container used. The cleaning-in-place vat for1
milk pipelines and milk machines may be accepted as one part of the2
two-compartment vat, provided that the cleaning-in-place station rack in or on the3
vat and milking machine inflations and appurtenances are completely removed from4
the vat during the washing, rinsing, or sanitizing of other utensils and equipment.5
(k) Each milkhouse shall be provided with facilities for heating water in6
sufficient quantity and to such temperatures for the effective cleaning of all7
equipment and utensils.8
(6) Milkhouse or room cleanliness:9
(a) The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats,10
nonproduct contact surfaces of milk containers, utensils, and equipment, and other11
milkhouse equipment shall be kept clean. Vestibules, if provided, shall be kept12
clean.13
(b) Only articles directly related to milkhouse activities shall be permitted14
in the milkhouse.15
(c) The milkhouse shall be kept free of trash, animals, and fowl.16
(d) Incidental articles such as desks, refrigerators, and storage cabinets may17
be in the milkhouse provided they are kept clean, ample space is available to conduct18
the normal operations in the milkhouse, and they will not cause contamination of the19
milk.20
(7) Toilet facilities:21
(a) Every farm or dairy shall be provided with one or more toilets,22
conveniently located and properly constructed, operated, maintained, and utilized in23
a sanitary manner. There shall be at least one flush toilet connected to a public sewer24
system or to an individual sewage-disposal system or a chemical toilet, earth pit25
privy, or other type of privy.26
(b) The waste shall be inaccessible to flies and shall not pollute the soil27
surface or contaminate any water supply. Vents of earth pits shall be screened.28
(c) No privy shall open directly into the milkhouse.29 HLS 14RS-1700 REENGROSSED
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(d) The toilet room, including all fixtures and facilities, shall be kept clean1
and free of insects and odors.2
(e) Where flush toilets are used, doors to toilet rooms shall be tight and3
self-closing. All outer openings in toilet rooms shall be screened or otherwise4
protected against the entrance of insects.5
(8) Water supply:6
(a) Water for milkhouse and milking operations shall be from an approved7
supply properly located, protected, and operated, and shall be easily accessible,8
adequate, and of a safe, sanitary quality.9
(b) No cross-connection shall exist between a safe water supply and any10
unsafe or questionable water supply, or any other source of pollution.11
(c) There shall be no submerged inlets through which a safe water supply12
may be contaminated.13
(d) The well or other source of water shall be located and constructed in such14
a manner that neither underground nor surface contamination from any sewerage15
systems, privy, or other source of pollution can reach such water supply.16
(e) New individual water supplies and water supply systems that have been17
repaired or otherwise become contaminated shall be thoroughly disinfected before18
being placed in use. The supply shall be made free of the disinfectant by pumping19
to waste before any sample for bacteriological testing shall be collected.20
(f)(i) All containers and tanks used in the transportation of water shall be21
sealed and protected from possible contamination. The containers and tanks shall22
be subjected to a thorough cleaning and a bacteriological treatment prior to filling23
with potable water to be used at the farm or dairy.24
(ii) To minimize the possibility of contamination of the water during its25
transfer from the potable tanks to the elevated or groundwater storage at the farm or26
dairy, a suitable pump, hose, and fittings shall be provided. When the pump, hose,27
and fittings are not being used, the outlets shall be capped and stored in a suitable28
dust-proof enclosure to prevent their contamination.29 HLS 14RS-1700 REENGROSSED
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(iii) The storage tank at the farm or dairy shall be constructed of impervious1
material provided with a dust and rainproof cover, and provided with an appropriate2
vent and roof hatch. All new reservoirs, or reservoirs which have been cleaned, shall3
be disinfected prior to placing them into service.4
(g) Samples for bacteriological examination shall be taken prior to the initial5
use, when any repair or alteration of the water supply system has been made, and at6
least every three years, provided that both of the following conditions are met:7
(i) Water supplies with buried well casing seals installed prior to August 1,8
2014, shall be tested at intervals no greater than six months apart. Whenever the9
samples indicate either the presence of bacteria of the coliform group, or whenever10
the well casing, pump, or seal needs replacing or repair, the well casing and seal shall11
be brought above the ground surface and shall comply with all other applicable12
construction criteria of this Section.13
(ii) When water is hauled to the farm or dairy, the water shall be sampled for14
bacteriological examination at the point of use and submitted to a laboratory at least15
four times in separate months during any consecutive six months.16
(h) Bacteriological examinations shall be conducted in an appropriate17
laboratory.18
(i) To determine if water samples have been taken at the frequency required19
pursuant to this Section, the interval shall include the designated period plus the20
remaining days of the month in which the sample is due.21
(j) Current records of water test results shall be retained on file.22
(9) Utensils and equipment construction:23
(a) All multiuse containers, equipment, and utensils that are exposed to milk24
or milk products, or from which liquids may drip, drain, or be drawn into milk or25
milk products, and used in the handling, storage, or transportation of milk shall be26
made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials, and shall be27
constructed to be easily cleaned. Acceptable materials include:28 HLS 14RS-1700 REENGROSSED
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(i) Stainless steel of the American Iron and Steel Institute 300 series, or1
equally corrosion-resistant, nontoxic metal.2
(ii) Heat-resistant glass.3
(iii) Plastic or rubber and rubber-like materials which are relatively inert,4
resistant to scratching, scoring, decomposition, crazing, chipping, and distortion,5
under normal use conditions, are nontoxic, fat-resistant, relatively nonabsorbent,6
relatively insoluble, do not release component chemicals or impart flavor or odor to7
the product, and which maintain their original properties under repeated use8
conditions.9
(b) All containers, utensils, and equipment shall be in good repair and shall10
be free of breaks, corrosion, pits, cracks, or inclusions.11
(c) All milk pails used for hand milking and stripping shall be seamless and12
of the hooded type. Seamless hooded pails having an opening not exceeding13
one-third the area of that of an open pail of the same size shall be used for hand14
milking and hand stripping.15
(d) Strainers, if used, shall be constructed of perforated metal design, or16
single-service strainer media should be utilized. Multiple-use woven material shall17
not be used for straining milk.18
(e) All single-service articles shall be manufactured, packaged, transported,19
stored, and handled in a sanitary manner. Articles intended for single-service use20
shall not be reused.21
(f) Mechanically cleaned milk pipelines and return-solution lines shall be22
self-draining. If gaskets are used, they shall be self-positioning and shall be of such23
design, finish, and application as to form a smooth, flush interior surface. If gaskets24
are not used, all fittings shall have self-positioning faces designed to form a smooth,25
flush interior surface. All interior surfaces of welded joints in pipelines shall be26
smooth and free of pits, cracks, and inclusions.27 HLS 14RS-1700 REENGROSSED
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(g) Mechanically cleaned milk pipelines and return solution lines installed1
after August 1, 2014, shall have welded ferrule or flange fittings. Rolled fittings2
shall not be used.3
(h) All milking machines, including heads, milk claws, milk tubing, and4
other milk-contact surfaces shall be constructed to be easily cleaned and inspected.5
Pipelines, milking equipment, and appurtenances that require a screwdriver or6
special tool shall be considered easily accessible for inspection, provided the7
necessary tools are available at the milkhouse. Milking systems shall not have8
components incorporated in the return solution lines that by design do not comply9
with the criteria for product-contact surfaces, such as ball-type plastic valves, plastic10
tees with barbed ridges to better grip the plastic or rubber hoses, and polyvinyl11
chloride water type piping.12
(i) Milk cans shall have umbrella-type lids.13
(j) Farm holding or cooling tanks, welded sanitary piping, and transportation14
tanks shall comply with the applicable requirements of this Section.15
(k)(i) During filling, flexible plastic or rubber hoses may be used between16
the fill valves of bottom fill and top fill bulk milk storage tanks, when needed for17
functional purposes.18
(ii) The hoses shall be drainable, be as short as practical, have sanitary19
fittings, and be supported to maintain uniform slope and alignment.20
(iii) The end fittings of such hoses shall be permanently attached in such a21
manner that will assure a crevice-free joint between the hose and the fitting and can22
be cleaned by mechanical means. The hoses shall be included as part of a23
mechanical cleaning system.24
(l)(i) Transparent flexible plastic tubing up to one hundred fifty feet in length25
used in connection with milk transfer stations shall be considered acceptable if it26
meets or exceeds the requirements of the "3-A Sanitary Standards for Multiple-Use27
Plastic Materials Used as Product Contact Surfaces for Dairy Equipment, Number28 HLS 14RS-1700 REENGROSSED
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20" and if it remains sufficiently clear that the interior surfaces can be properly1
inspected.2
(ii) Short lengths of flexible plastic tubing eight feet or less may be inspected3
for cleanliness by sight or by use of a rod. The transparency or opacity of the tubing4
under this condition shall not be a factor in determining cleanliness.5
(m) Whenever air under pressure is used for the agitation or movement of6
milk, or is directed at a milk-contact surface, it shall be free of oil, dust, rust,7
excessive moisture, extraneous materials, and odor.8
(10) Utensils and equipment cleaning:9
(a) The product-contact surfaces of all multiuse containers, equipment, and10
utensils used in the handling, storage, or transportation of milk shall be cleaned after11
each milking or once every twenty-four hours for continuous operations.12
(b) There shall be a separate wash manifold for all mechanically cleaned13
milk pipelines in all new or extensively remodeled facilities.14
(11) Utensils and equipment sanitization:15
The product-contact surfaces of all multiuse containers, equipment, and16
utensils used in the handling, storage, or transportation of milk shall be sanitized17
before each usage.18
(12) Utensils and equipment storage:19
(a) All containers, utensils, and equipment used in the handling, storage, or20
transportation of milk, unless stored in sanitizing solutions, shall be stored to assure21
complete drainage and shall be protected from contamination prior to use, except that22
pipeline milking equipment such as milker claws, inflations, weigh jars, meters, milk23
hoses, milk receivers, tubular coolers, plate coolers, and milk pumps which are24
designed for mechanical cleaning and other equipment, as accepted by the United25
States Food and Drug Administration, which meets these criteria, may be stored in26
the milking barn or parlor, provided this equipment is designed, installed, and27
operated to protect the product and solution-contact surfaces from contamination at28
all times.29 HLS 14RS-1700 REENGROSSED
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(b) Strainer pads, parchment papers, gaskets, and similar single-service1
articles shall be stored in a suitable container or cabinet and protected against2
contamination.3
(13) Utensils and equipment handling:4
(a) After sanitization, all containers, utensils, and equipment shall be handled5
in a manner that prevents contamination of any product-contact surface.6
(b) Sanitized product-contact surfaces, including farm cooling holding tank7
openings and outlets, shall be protected against contact with unsanitized equipment8
and utensils, hands, clothing, splash, condensation, and other sources of9
contamination.10
(c) Any sanitized product-contact surface which has been otherwise exposed11
to contamination shall be cleaned and sanitized before being used.12
(14) Milking, flanks, udders, and teats:13
(a) Milking shall be done in the milking barn or parlor.14
(b) The flanks, udders, bellies, and tails of all milking cows shall be free15
from visible dirt. All brushing shall be completed prior to milking.16
(c) The udders and teats shall be cleaned and treated with a sanitizing17
solution just prior to the time of milking, and shall be relatively dry before milking.18
Sanitizing solutions shall be used in accordance with manufacturer specifications and19
recommendations.20
(d) Wet hand milking is prohibited.21
(e) Flanks, bellies, tails, and udders shall be clipped as often as necessary to22
facilitate cleaning of these areas.23
(15) Drug and chemical control:24
(a) Cleaners and sanitizers:25
(i) Cleaners and sanitizers shall be stored in dedicated end-use containers26
which properly identify the contents.27 HLS 14RS-1700 REENGROSSED
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(ii) Bulk cleaners and sanitizers that are transferred from the manufacturer's1
or distributor's container shall be stored only in an end-use container that is properly2
labeled with the container's contents.3
(iii) The manufacturer's or distributor's label for each cleaner and sanitizer,4
including the product name, chemical description, use directions, precautionary and5
warning statement, first aid instructions, container storage and maintenance6
instructions, and the name and address of the manufacturer or distributor, shall be7
maintained on the premises and be readily accessible for reference or inspection.8
(b) Drugs:9
(i) Drugs shall be properly labeled to include the name and address of the10
manufacturer or distributor for over-the-counter drugs or veterinary practitioner11
dispensing the product for prescription and extra label use drugs. Drug labels shall12
also include directions for use and prescribed withholding times, cautionary13
statements, if needed, and active ingredients in the drug product.14
(ii) Drugs dispensed by a pharmacy on the order of a veterinarian shall have15
labeling that includes the name of the prescribing veterinarian and the name and16
address of the dispensing pharmacy. The address of the prescribing veterinarian may17
be included on the labeling.18
(iii) Drugs intended for treatment of nonlactating dairy animals shall be19
segregated from those drugs used for lactating animals in separate shelves in20
cabinets, refrigerators, or other storage facilities.21
(iv) Unapproved drugs shall not be used and shall not be stored in the22
milkhouse, milking barn, stable, or parlor.23
(v) Animal drugs and drug administration equipment shall be stored in such24
a way that milk, milking equipment, wash vats, and hand sinks are not subject to25
contamination by the drugs.26
(vi) Equipment used to administer drugs shall not be cleaned in the wash27
vats.28 HLS 14RS-1700 REENGROSSED
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(vii) Topical antiseptics and wound dressings, unless intended for direct1
injection into the teat, vaccines and other biologics, and dosage form vitamins or2
mineral products are exempt from labeling and storage requirements, provided they3
are not stored in such a manner that they may contaminate the milk or milk4
product-contact surfaces of containers, utensils, or equipment.5
(16) Transfer and protection of milk:6
(a) Each pail or container of milk shall be taken immediately from the7
milking barn or parlor to the milkhouse. No milk shall be strained, poured,8
transferred, or stored outside the milkhouse.9
(b) The milk receiving receptacle shall be raised above the floor.10
(17) Personnel:11
(a) Adequate hand washing facilities shall be provided, including a lavatory12
fixture with hot and cold, or warm, running water, soap or detergent, and individual13
sanitary towels, or other approved hand drying devices, convenient to the milkhouse,14
milking barn, stable, parlor, and flush toilet, and shall be used for no other purpose.15
Utensil wash and rinse vats shall not be considered as hand washing facilities.16
(b) Hands shall be washed clean and dried with an individual sanitary towel17
or other approved hand-drying device immediately before milking, before18
performing any milkhouse function, and immediately after the interruption of any19
of these activities. Milkers shall wear clean outer garments while milking or20
handling milk, milk containers, utensils, or equipment.21
(c) No person who by medical examination or supervisory observation is22
shown to have or appears to have an illness, open lesion including boils, sores, or23
infected wounds, or any other abnormal source of microbial contamination shall24
perform work in any capacity that brings them into contact with the production,25
handling, storage, or transportation of milk, containers, equipment, or utensils.26
(18) Cooling:27
(a) Raw milk shall be cooled and maintained pursuant to R.S. 40:933.28 HLS 14RS-1700 REENGROSSED
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(b) Recirculated cold water that is used in plate or tubular coolers or heat1
exchangers shall be from a safe source and protected from contamination.2
(c)(i) All farm bulk milk tanks shall be equipped with an approved3
temperature-recording device.4
(ii) The recording device shall be operated continuously and be maintained5
in a properly functioning manner. Circular charts shall not overlap.6
(iii) The recording device shall be verified every six months using an7
accurate thermometer that has been calibrated by a traceable standard thermometer,8
within the past six months, with the results and date recorded and the thermometer9
being properly identified, or by using a traceable standard thermometer that has been10
calibrated within the last year.11
(iv) Recording thermometer charts shall be maintained on the premises for12
a minimum of six months.13
(v) The recording thermometer should be installed in an area convenient to14
the milk storage tank.15
(vi) The recording thermometer sensor shall be located to permit the16
registering of the temperature of the contents when the tank contains no more than17
ten percent of its calibrated capacity.18
(vii) The recording thermometer shall comply with the current technical19
specifications for tank recording thermometers.20
(viii) The recording thermometer charts shall properly identify the producer,21
date, and signature of the person removing the chart.22
(19) Vehicles:23
Vehicles used to transport milk prior to distribution to the consumer shall be24
constructed and operated to protect their contents from sun, freezing, and25
contamination. The vehicles shall be kept clean, inside and out, and no substance26
capable of contaminating milk shall be transported with milk.27
(20) Insect and rodent control:28 HLS 14RS-1700 REENGROSSED
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are additions.
(a) Effective measures shall be taken to prevent the contamination of milk,1
containers, equipment, and utensils by insects and rodents and by chemicals used to2
control such vermin.3
(b) Milkrooms shall be free of insects and rodents.4
(c) Surroundings shall be kept neat, clean, and free of conditions which5
might harbor or be conducive to the breeding of insects and rodents.6
(d) Feed shall be stored in such a manner that it will not attract birds,7
rodents, or insects.8
(e) Manure packs in loafing areas, stables without stanchions, pen stables,9
resting barns, wandering sheds, and free-stall housing shall be properly bedded and10
managed to prevent fly breeding.11
(f) Milkrooms shall be effectively screened or otherwise protected against12
the entrance of vermin, including hose ports and floor drains through walls.13
(g) Outer milkhouse doors shall be tight and self-closing. Screen doors shall14
open outward.15
(h) Only pesticides registered with the United States Environmental16
Protection Agency shall be used for insect and rodent control.17
(i) Pesticides shall be used only in accordance with manufacturer's18
directions.19
§935. Bottling, packaging, and container filling20
A.(1) Bottling, packaging, and container filling of milk shall be done at the21
place of production in a sanitary manner. Bottling, packaging, and container filling22
of milk may be conducted in the milkhouse or room.23
(2) Bottling or packaging machine supply tanks and bowls shall have covers24
which are smooth and easily cleanable and shall be constructed to prevent any25
contamination from reaching the inside of the filler tank or bowl. All covers shall26
be in place during operation.27
(3) A drip deflector shall be installed on each filler valve. The drip deflector28
shall be designed and adjusted to divert condensation away from the open container.29 HLS 14RS-1700 REENGROSSED
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(4) All containers shall have a pouring lip which is completely protected1
from contamination, and all containers, seals, and caps shall be handled in a sanitary2
manner and protected against undue exposure during the operation.3
(5) When any lubricant is applied to the filler equipment or other milk4
contact surfaces, the lubricant shall be food grade and applied in a sanitary manner.5
(6) Containers shall be closed immediately after being filled.6
B.(1) All container caps, sealers, and closures shall be stored in a clean, dry7
place protected from insects, rodents, dust, splash, or other contamination.8
(2) All container closure or sealing shall be done at the place of production9
in a sanitary manner by approved mechanical equipment.10
(3) Bottles and packages which have been imperfectly capped, sealed, or11
closed shall have the contents emptied immediately into approved sanitary containers12
that are protected from contamination and maintained at forty degrees Fahrenheit or13
less. When handled and stored properly, the contents may be repackaged in new14
containers at a later time.15
(4) Caps, sealers, and closures shall not be left in the equipment at the end16
of an operating period. Caps, sealers, and closures remaining in the chute between17
the hopper and the capping device shall be discarded.18
(5) Loose caps, sealers, and closures may be returned to storage by enclosing19
them in a clean, protective wrap, plastic bag, or container.20
§936. Animal health21
A. All raw milk for human consumption distributed pursuant to this Subpart22
shall be from healthy animals. Milk from unhealthy animals shall not be distributed23
or combined with other milk for human consumption.24
B.(1) All animals producing milk for human consumption shall be tested for25
brucellosis and tuberculosis every twelve months.26
(2) If an animal shows positive by lesions or a positive test all of the27
following shall be done:28 HLS 14RS-1700 REENGROSSED
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(a) The animal shall be reported to the Department of Health and Hospitals1
and shall be separated, and kept separate, from the remainder of the herd.2
(b) A certificate, identifying the animal, signed by a licensed veterinarian3
and the director of the laboratory making the test, shall be filed with the Department4
of Health and Hospitals.5
(c) The animal shall be retested by a licensed veterinarian at a frequency6
specified by the United States Department of Agriculture, and test results shall be7
filed with the Department of Health and Hospitals.8
(d) Disposition of diseased animals shall be conducted in accordance with9
guidelines published by the United States Department of Agriculture and shall be10
reported to the Department of Health and Hospitals.11
C. Animals shipped into Louisiana for addition to herds shall have been12
tested for tuberculosis and brucellosis within thirty days prior to being brought into13
the state, except that this Subsection shall not apply, with regard to brucellosis, to14
those cattle that have been vaccinated for brucellosis and are between four and15
twelve months of age.16
D. Records supporting the tests required pursuant to this Section shall be17
validated with the signature of a licensed veterinarian and shall be made available18
for inspection upon request.19
§937. Recall20
Each producer of raw milk for human consumption pursuant to this Subpart21
shall develop and maintain procedures for the notification of regulatory officials,22
consumer notification, and product recall, and shall implement any of these23
procedures as necessary with respect to any product for which the producer knows24
or has reason to believe circumstances exist that may adversely affect its safety for25
the consumer. The producer shall be responsible for disseminating the notice in a26
manner designed to inform customers who may be affected by the problem.27 HLS 14RS-1700 REENGROSSED
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are additions.
§938. Statement prohibited1
No producer of raw milk shall publish any statement that implies approval2
or endorsement by the Department of Health and Hospitals.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ortego HB No. 1279
Abstract: Authorizes the sale of goat milk or whole milk that has not been pasteurized by
the producer to the consumer by the farm where the raw milk is produced.
Present law requires all fluid milk, cream, buttermilk, and milk beverages sold, offered for
sale, or delivered for the purpose of human consumption to be Grade A according to
specifications in the rules and regulations promulgated by the Dept. of Health and Hospitals
(DHH).
Proposed law retains present law but adds an exception for raw milk sold pursuant to
proposed law.
Present law authorizes DHH to promulgate rules and regulations prescribing the sanitary
standard requirements of all milk sold or offered for sale in this state, provided that no rules
and regulations shall be promulgated setting up standards lower than those as set forth in the
U.S. Public Health Service Milk Ordinance and Code.
Proposed law retains present law but adds an exception for raw milk sold pursuant to
proposed law.
Proposed law defines "incidental sales of goat milk and whole milk that has not been
pasteurized" as those sales where the average monthly number of gallons sold does not
exceed 500 gallons.
Proposed law defines "raw milk" as goat milk and whole milk that has not been pasteurized.
Proposed law defines "whole milk" as the lacteal secretion obtained by the complete milking
of one or more healthy cows, properly fed and kept, that when offered for sale contains at
least 3-1/4% of butterfat and 8-1/4% solids not fat.
Proposed law provides that the term "whole milk" shall not include lacteal secretion obtained
within 15 days before or five days after calving or a longer period if necessary to render the
milk practically colostrum free.
Proposed law provides that nothing in proposed law shall be construed to prohibit incidental
sales of goat milk or whole milk that has not been pasteurized directly to consumers by the
farm where the milk is produced if the farm is registered pursuant to proposed law or to
preclude the advertising of incidental sales of goat milk or whole milk that has not been
pasteurized.
Proposed law provides that information describing the standards used by the farm or dairy
with respect to the production of raw milk is provided to the consumer by the farmer
together with results of tests performed on the animals that produced the milk, tests
performed on the milk, and an explanation of the tests and test results. HLS 14RS-1700 REENGROSSED
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are additions.
Proposed law requires a farm or dairy to register by delivering to the Dept. of Health and
Hospitals a written statement containing all of the following information:
(1)The name of the farmer, farm, or dairy.
(2)A valid, current address of the farmer, farm, or dairy.
(3)A statement that raw milk is being produced at the farm or dairy.
Proposed law requires the seller of goat milk or whole milk that has not been pasteurized to
do all of the following:
(1)Post at the point of sale a sign that is no smaller than two feet by four feet that
includes all of the following information in large, clear text:
(a)The name and address of the farm with seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is raw milk that has NOT been pasteurized. Consuming milk that has
not been pasteurized may increase your risk of foodborne illness. Persons at
highest risk include newborns and infants; the elderly; pregnant women;
those taking corticosteroids, antibiotics or antacids; and those having chronic
illnesses or other conditions that weaken their immunity."
(2)Affix a label to the bottle or package that includes all of the following information:
(a)The name and address of the farm with the seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is raw milk that has NOT been pasteurized. Consuming milk that has
not been pasteurized may increase your risk of foodborne illness. Persons at
highest risk include newborns and infants; the elderly; pregnant women;
those taking corticosteroids, antibiotics or antacids; and those having chronic
illnesses or other conditions that weaken their immunity."
Proposed law requires a farmer who sells fresh unpasteurized goat milk or whole milk to
permit inspection of the farmer's cows or goats and barns by any customer upon request.
Proposed law requires that upon registration with the department, a farm shall permit the
inspection of its cows or goats and barns upon request.
Proposed law sets forth the chemical, bacteriological, and temperature standards for raw
milk sold pursuant to proposed law.
Proposed law sets forth the sanitation standards for raw milk sold pursuant to proposed law.
Proposed law sets forth the health standards for animals producing the raw milk sold
pursuant to proposed law.
Proposed law requires each producer of raw milk for human consumption pursuant to
proposed law to develop and maintain procedures for the notification of regulatory officials,
consumer notification, and product recall, and to implement any of these procedures as
necessary with respect to any product for which the producer knows or has reason to believe
circumstances exist that may adversely affect its safety for the consumer.
Proposed law prohibits a producer of raw milk from publishing any statement that implies
approval or endorsement by the Dept. of Health and Hospitals. HLS 14RS-1700 REENGROSSED
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are additions.
(Amends R.S. 40:921(A) and 922(A); Adds R.S. 40:931-938)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed warning information on point of sale sign and bottle label.
2. Changed from requiring inspections of the farm by the department to inspections
of the farm's cows, goats, and barns upon the department's request.