Chapter 6—Requirements for the Missouri Dairy Law

Rules of Department of Agriculture Division 80—State Milk Board Chapter 6—Requirements for the Missouri Dairy Law

Title Page

2 CSR 80-6.011 Specifications for the Construction and Operation of Facilities and Installation of Equipment for the Production and Processing of Manufacturing Milk and Milk Products ...... 3 2 CSR 80-6.021 Protection and Transportation of Raw Milk and Cream ...... 3 2 CSR 80-6.031 Provisional Licensing for Fieldsmen, Grader and Bulk Milk Truck Operator ...... 3 2 CSR 80-6.041 Dairy Manufacturing Plant, Dairy Manufacturing Farm, and Personnel Licensure...... 4 2 CSR 80-6.051 Daily or Random Fresh Milk Sampling for Market Testing ...... 5

JOHN R. ASHCROFT (10/31/18) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 6—Requirements for the Missouri Dairy Law 2 CSR 80-6

Title 2—DEPARTMENT OF TRANSFER PRODUCERS—To be eligible up for delivery to a receiving station or plant AGRICULTURE to transfer from one (1) buyer to another, a except as specifically allowed by the State Division 80—State Milk Board producer cannot be under a stop sale order or Milk Board. Chapter 6—Requirements for the under an animal health quarantine. (5) Cooling. Milk in cans shall be delivered Missouri Dairy Law AUTHORITY: section 196.540, RSMo 2016.* to a receiving station within two (2) hours of 2 CSR 80-6.011 Specifications for the Con- This rule previously filed as 2 CSR 30-21.011. milking. In the instance when stations are designed with collective nonindividual cool- struction and Operation of Facilities and Original rule filed Dec. 10, 1981, effective ing tanks, the milk may be kept at the farm Installation of Equipment for the Produc- April 11, 1982. Amended: Filed Jan. 7, 1983, and cooled in cans of stainless steel construction and Processing of Manufacturing Milk effective May 13, 1983. Amended: Filed Oct. tion to be delivered the following morning. and Milk Products 22, 1985, effective Jan. 26, 1986. Amended: Filed July 31, 1986, effective Oct. 11, 1986. The milk in cans must be cooled by the use of ice or refrigerant in an acceptable clean PURPOSE: This rule complies with section Amended: Filed June 30, 1993, effective Dec. cooler located in the farm milkhouse, 196.540, RSMo, to establish specifications 9, 1993. Amended: Filed Oct. 17, 1996, installed and designed to—1) adequately pro- for the construction and operation of facili- effective June 30, 1997. Amended: Filed July tect the milk from contamination and 2) allow ties for the production and processing of 24, 2012, effective Jan. 30, 2013. Amended: Filed April 30, 2018, effective Nov. 30, 2018. adequate space for all other milk handling manufacturing milk. activities normally accomplished in the milkhouse. The milk shall be cooled immediately PUBLISHER’S NOTE: The secretary of state *Original authority: 196.540, RSMo 1981, amended 1993, 1995. and the cooling method must be capable of has determined that the publication of the cooling the milk to fifty degrees Fahrenheit entire text of the material which is incorpo- (50 °F) within two (2) hours of milking and rated by reference as a portion of this rule 2 CSR 80-6.021 Protection and Trans- must maintain the milk at a temperature of would be unduly cumbersome or portation of Raw Milk and Cream fifty degrees Fahrenheit (50 °F) or below as expensive. This material as incorporated by indicated upon delivery to the receiving sta- reference in this rule shall be maintained by PURPOSE: This rule complies with section tion. All new can milk receiving facilities the agency at its headquarters and shall be 196.540, RSMo, and other applicable parts shall be designed using individual receiving, made available to the public for inspection of sections 196.520–196.610, RSMo, and cooling tanks for each producer delivering to and copying at no more than the actual cost establishes provisions for the protection and the station except as approved by the State of reproduction. This note applies only to the transportation of raw milk and cream. Milk Board. reference material. The entire text of the rule is printed here. (1) Equipment and facilities for the protection AUTHORITY: section 196.540, RSMo 2016.* and transportation of raw milk and cream are This rule previously filed as 2 CSR 30-21.021. (1) The Missouri State Milk Board adopts by referenced in 7 CFR 58.131, July 29, 2002. Original rule filed Dec. 10, 1981, effective reference the United States Department of April 11, 1982. Amended: Filed Jan. 17, Agriculture, Agriculture Marketing Service, (2) Operators of vehicles used to transport 1983, effective May 13, 1983. Amended: Dairy Program’s recommended requirements bulk milk or cream from farm to plant, Filed March 15, 1988, effective May 26, entitled “Milk for Manufacturing Purposes receiving station, or transfer station shall be 1988. Amended: Filed Aug. 1, 1990, effective and Its Production and Processing.” “Milk licensed by the State Milk Board. A tempo- Dec. 31, 1990. Amended: Filed July 24, 2012, effective Jan. 30, 2013. Amended: for Manufacturing Purposes and Its Produc- rary bulk milk hauler’s license shall be grant- Filed April 30, 2018, effective Nov. 30, 2018. tion and Processing” recommended require- ed when the applicant has made application, ments published by the United States Depart- paid the fee, and satisfactorily passed a written examination. A permanent license renew- *Original authority: 196.540, RSMo 1981, amended 1993, ment of Agriculture establishes minimum 1995. able each year is acquired only after the bulk standards which must be complied with for milk hauler satisfactorily completes an satisfactorily producing and processing man- approved training course. The license is sub- ufacturing grade milk and manufacturing 2 CSR 80-6.031 Provisional Licensing for ject to suspension or revocation whenever any grade milk products. Fieldsmen, Grader and Bulk Milk Truck of the laws or rules are violated. Operator (2) This is Missouri’s addendum to the adopt- (3) Procedures for bulk milk haulers of man- PURPOSE: This rule provides provisional ed United States Department of Agriculture, ufacturing milk shall be identical to those permission for applicants for licenses of field- Agriculture Marketing Service, Dairy Pro- found in 2 CSR 80-2.070(6), except that a smen, graders and bulk truck operators for a gram’s recommended requirements entitled Grade “A” permit from the regulatory author- period not to exceed thirty days following “Milk for Manufacturing Purposes and Its ity that administers provisions of the Pasteur- application, payment of the license fee and Production and Processing,” July 21, 2011, ized Milk Ordinance (2 CSR 80-2.070(6)) taking the examination. hereby incorporated by reference as pub- will not be required to haul milk for manufac- lished by the United States Department of turing purposes. (1) Applicants for license of fieldsmen, Agriculture, Agriculture Marketing Service, graders and bulk milk haulers shall be pre- Dairy Program, 1400 Independence Ave. SW, (4) The maximum allowable time that bulk sented with a card granting provisional per- Washington, DC 20250-0225. This rule does raw milk for manufacturing purposes can be mission for applicant to perform services for not incorporate any subsequent amendments held on the farm using an approved bulk tank which s/he has applied for licensure, paid or additions to the “Milk for Manufacturing is not more than four (4) days (ninety-six (96) license fees and taken the examination. This Purposes and Its Production and Processing.” hours) from first milk into the tank until pick- provisional permission, not to exceed thirty

JOHN R. ASHCROFT (10/31/18) CODE OF STATE REGULATIONS 3 Secretary of State 2 CSR 80-6—DEPARTMENT OF AGRICULTURE Division 80—State Milk Board

(30) days, shall enable applicant to immedi- vious to June 30 has not been established, the (E) A fieldman, prior to performing ately perform the functions for which s/he fee shall be five hundred dollars ($500) and his/her duties in the state for a dairy manu- has applied. Only one (1) thirty (30)-day include site inspection, construction plan and facturing plant located either within or out- period is permitted for a particular license label approval, inspections, and license to side of Missouri processing either Grade “A” application in a year. operate. License shall expire June 30; or manufacturing milk, must obtain a field- 4. The State Milk Board, or its agent, man’s license from the State Milk Board. AUTHORITY: section 196.540, RSMo 1986.* shall have the authority to examine the buying This license, which also grants the authority This rule previously filed as 2 CSR 30-21.031. and production records of any dairy products to sample, test, or grade milk or cream, and Original rule filed Dec. 10, 1981, effective manufacturing plant for verification of the to operate a bulk milk truck to pick up milk April 11, 1982. Amended: Filed Jan. 17, butterfat tonnage purchased at the plant, or from farm producers, can be issued only to 1983, effective May 13, 1983. verification of total pound volume of produc- an individual free from communicable dis- tion manufactured or processed at the plant, ease, who has passed a written examination *Original authority: 196.540, RSMo 1981. at any reasonable time that the State Milk grading seventy (70) or above, and has paid Board shall elect to make the examination. the annual fee of twenty-five dollars ($25); 2 CSR 80-6.041 Dairy Manufacturing Butterfat or milk volume should be reported the license may be renewed upon payment of Plant, Dairy Manufacturing Farm, and so as not to include any butterfat or milk vol- the annual fee, unless previously revoked for Personnel Licensure ume the second time due to transfer or sale cause. The license is not transferable. from one (1) plant to another; (F) Each dairy products manufacturing PURPOSE: This rule prescribes needed 5. A dairy products manufacturing plant plant located outside Missouri, which is any licensure procedure for dairy plants, receiv- license shall not be transferable and shall not other person buying unprocessed milk or ing stations, buyers of milk or cream, nonres- be movable from one (1) city or town to cream directly from producers in Missouri ident brokers, fieldsmen, graders, or bulk another city or town, but with the consent of for processing or manufacturing outside Mis- milk truck operators as required by law. the State Milk Board, may be moved from souri, shall apply and obtain a brokerage one (1) location to another location in the license for the license year, which shall (1) It is unlawful for any person to operate a same city or town; and include the right to buy milk or cream. A dairy manufacturing plant, receiving station, 6. When a dairy products manufacturing brokerage license shall be issued upon satis- to buy milk or cream from Missouri produc- plant licensed as described in this rule ceases factory application to the State Milk Board ers, or to perform the duties of fieldman, to receive milk, process milk, or both, for accompanied by an annual brokerage fee grader, or bulk milk truck operator without a thirty (30) consecutive days or longer, its based upon the annual butterfat or milk pur- license. dairy manufacturing plant license shall be chases made in Missouri during the previous (A) A dairy manufacturing plant shall be automatically terminated with no refund of twelve (12) months ending on June 30 as fol- issued a license upon satisfactory application licensing fee. Prior to resumption of opera- lows: and payment of the annual license fee to the tions, reapplication shall be made for licens- 1. For any plant purchasing milk or milk State Milk Board. The license fee shall be ing and a sanitation inspection of plant facili- product from Missouri, one hundred dollars based on annual butterfat or milk purchased ties showing satisfactory compliance shall be ($100), and for each 1,400,000 pounds of from producers, or in the event milk or but- conducted by a representative of the State milk purchased, five dollars ($5); and terfat purchases cannot serve as a basis, the Milk Board prior to authorizing a new 2. For new plants where volume of the amount of milk, figured at the approximate license. New licenses issued as described twelve (12) months previous to June 30 has average butterfat test of all milk marketed, shall require a license fee of one hundred dol- not been established, the license fee shall be that is required to produce the total pound lars ($100) and shall expire June 30, if the one hundred dollars ($100). volume of production during the past twelve plant has continuous operation. (G) No person shall operate a receiving (12) months ending June 30 as follows: (B) No person shall operate a cream station station without a license to operate a receiv- 1. For any dairy manufacturing plant or milk plant, or test milk or cream for the ing station. An annual fee of twenty-five dol- purchasing milk or milk products from Mis- purpose of purchase, without having made lars ($25) shall be required for the license. souri, one hundred dollars ($100); and for satisfactory application, passed the required (H) A Certificate of Free Sale and Sanitary each 1,400,000 pounds of milk purchased, examination, and received license as a grad- Origin is required by many foreign govern- five dollars ($5); er; the annual fee for licensure is twenty-five ments to allow entry of milk and dairy prod- 2. For any dairy manufacturing plant or dollars ($25) for the licensure year or unex- ucts into their country. For each Certificate of buyer whose license is based on total pound pired portion. Free Sale issued the fee shall be one hundred volume of production of one hundred thousand (C) No person shall operate a bulk milk dollars ($100). (100,000) pounds or less, in this rule consid- truck to pick up milk from Missouri produc- (I) Manufacturers of Single Service Con- ered the equivalent of one (1) million pounds ers without a license as prescribed in 2 CSR tainer and Closure Products, certified by of milk, one hundred dollars ($100); for each 80-6.021 and payment of an annual license State Milk Board, shall be assessed the fee of additional 1,400,000 pounds of milk, five dol- fee of twenty-five dollars ($25). two hundred and fifty dollars ($250) per year. lars ($5). The total volume is not construed to (D) No bulk milk pick-up tanker truck (J) Non Interstate Milk Shippers Listed mean or include volume of products pro- shall be operated without proof of inspection. Grade A Truck Wash Stations shall be certi- cessed for the Commodity Credit Corpora- Inspections shall be performed by the State fied by State Milk Board and shall be tion by contract or volume of prepackaged Milk Board or its authorized regulatory agent assessed the fee of two hundred dollars cheese where basic form has not been every twenty-four (24) months plus remain- ($200) per year. changed; ing days of the month which inspection is due (K) All fees for license renewal and appli- 3. For new dairy manufacturing plants with payment of a fifty dollar- ($50-) inspec- cations for licenses are to be considered non- where volume of the twelve (12) months pre- tion fee. refundable at the time of receipt by the State

4 CODE OF STATE REGULATIONS (10/31/18) JOHN R. ASHCROFT Secretary of State Chapter 6—Requirements for the Missouri Dairy Law 2 CSR 80-6

Milk Board or its authorized representative. Products or Official Methods of Analysis of the Association of Official Analytical AUTHORITY: section 196.540, RSMo 2016.* Chemists as required by section 196.550, This rule previously filed as 2 CSR 30-21.041. RSMo. Original rule filed Dec. 10, 1981, effective April 11, 1982. Amended: Filed Jan. 17, AUTHORITY: section 196.540, RSMo 1986.* 1983, effective May 13, 1983. Amended: This rule previously filed as 2 CSR 30-21.051. Filed June 7, 1983, effective Oct. 13, 1983. Original rule filed Dec. 10, 1981, effective Amended: Filed Dec. 6, 2010, effective June April 11, 1982. Amended: Filed Jan. 17, 30, 2011. Amended: Filed July 24, 2012, 1983, effective May 13, 1983. effective Jan. 30, 2013. Amended: Filed March 18, 2015, effective Sept. 30, 2015. *Original authority: 196.540, RSMo 1981. Amended: Filed Feb. 9, 2016, effective July 30, 2016. Amended: Filed April 30, 2018, effective Nov. 30, 2018.

*Original authority: 196.540, RSMo 1981, amended 1993, 1995.

2 CSR 80-6.051 Daily or Random Fresh Milk Sampling for Market Testing

PURPOSE: This rule prescribes some of the procedures and frequency of sampling and testing for milkfat content of milk sold by producers.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Each time milk is picked up at the farm or delivered to a receiving station a representative sample of the milk shall be taken.

(2) The milkfat content of the samples shall be evaluated by one (1) of the following man- ners: (A) The milk composite sample may be prepared which contains a representative portion of each pick-up or delivery for a period not exceeding sixteen (16) days; and (B) Each fresh milk sample taken at the time of pick-up or delivery may be tested and averaged for a period not exceeding thirty-one (31) days or no fewer than four (4) fresh milk samples may be tested and averaged if the samples are randomly selected and stratified throughout the month (no fewer than two (2) in the first half of the month and no less than two (2) in the last half of the month).

(3) All samples and examinations are to be in compliance with the current edition of Stan- dard Methods for the Examination of Dairy

JOHN R. ASHCROFT (10/31/18) CODE OF STATE REGULATIONS 5 Secretary of State