Date of Adoption: October 6, 2000.

Purpose: Adopts the 1999 versions of the Pasteurized Milk Ordinance (PMO) and Procedures Governing the Cooperative State Public-Health/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments. It also adopts the 1999 revision of the Methods of Making Sanitation Rating of Milk Shippers. This will ensure that we have adopted the latest requirements for milk and milk products to ensure that products produced and processed in Washington can move freely in interstate commerce.

Citation of Existing Rules Affected by this Order: Amending WAC 16-101-700, 16-101-716, 16-101-721, and 16-101-990.

Statutory Authority for Adoption: RCW 15.36.021(3).

Adopted under notice filed as WSR 00-15-001 on July 5, 2000.

Changes Other than Editing from Proposed to Adopted Version: WAC 16-101-721 Adoption of Methods of Making Sanitation Ratings of Milk Supplies, has been revised to correct a typographical error denoting the year of the adopted revision from 1997 to 1999. No other changes were made.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

October 6, 2000

Jim Jesernig

Director

OTS-4127.3

AMENDATORY SECTION(Amending WSR 96-22-058, filed 11/4/96, effective 12/5/96)

WAC 16-101-700
Adoption of the pasteurized milk ordinance as the standard for production of milk and milk products.

The Grade "A" Pasteurized Milk Ordinance ((1995)) 1999 Recommendations of the United States Public Health Service/Food and Drug Administration is adopted by reference as additional Washington state standards for the production of milk and milk products under chapter 15.36 RCW with the exception of the following portions.

     (a) ((Part 1.))      Grade A Pasteurized Milk Ordinance((:)) - 1999 Revision.

     (i) Section 3, Permits, paragraphs 3 and 4, page ((8)) 5-6.

     (ii) Section 7.      Table 1, line 1, Temperature.... Cooled to 7°C (45°F) or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10°C (50°F); line 2, Bacterial Limits.... Individual producer milk not to exceed 100,000 per ml prior to commingling with other producer milk, page ((14)) 19.

     (((iii))) (b) Standards for Grade "A" Raw Milk for Pasteurization, Ultra-pasteurization or Aseptic Processing.

     (i) Item ((19r)) 18r Raw Milk Cooling, page ((19)) 37.

     (((b) Part II.      Administrative Procedures:

     (i) Section 3, Permits, paragraphs 3 and 4, page 38.

     (ii) Section 7.      Table 1, line 1, Temperature. . . . Cooled to 7°C (45°F) or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10°C (50°F); line 2, Bacterial Limits. . . . Individual producer milk not to exceed 100,000 per ml prior to commingling with other producer milk; page 51.

     (iii) Section 7, Item 19r Cooling)) (ii) Item 18r Administrative Procedures, paragraph 1, page ((70)) 38.

     (((iv) Section 7,)) (iii) Item ((18r)) 17p Cooling of Milk, paragraph 1, page ((69A)) 81.

     (((v) Section 7,)) (iv) Item ((19r Cooling)) 17p, Administrative Procedures (1), page ((70)) 81.

     (((vi) Section 7, Item 18r Cooling, Administrative Procedures (1), page 70A.

     (vii))) (c) Standards for Grade "A" Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products.

     Sections ((9, page 121,)) 15, 16, and 17, page ((126)) 93.

     (((viii))) (d) Appendix E, pages ((189-190)) 161-162.

     (((ix) Appendix K, page 261-262.

     (x))) (e) Appendix N: Regulatory Agency Responsibilities, B. Enforcement: First Paragraph Titled Reinstatement, page ((316)) 262.

[Statutory Authority: RCW 15.36.021(3).      96-22-058, § 16-101-700, filed 11/4/96, effective 12/5/96.      Statutory Authority: RCW 15.36.540 and [15.36.]550.      93-24-093 (Order 5021), § 16-101-700, filed 11/30/93, effective 12/31/93.      Statutory Authority: Chapter 15.36 RCW.      80-06-125 (Order 1706), § 16-101-700, filed 6/2/80.]

The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers ((1995)) 1999 Revision is adopted by reference as Washington state procedures covering certification of interstate milk shippers.

[Statutory Authority: RCW 15.36.021(3).      96-22-059, § 16-101-716, filed 11/4/96, effective 12/5/96.]

The Methods of Making Sanitation Ratings of Milk Supplies ((1995)) 1999 Revision United States Health and Human Services Public Health Service/Food and Drug Administration is adopted by reference as Washington methods for ratings of interstate milk supplies.

[Statutory Authority: RCW 15.36.021(3).      96-22-059, § 16-101-721, filed 11/4/96, effective 12/5/96.]

(1) The Grade "A" Pasteurized Milk Ordinance ((1995)) 1999 Recommendation of the United States Public Health Service/Food and Drug Administration can be purchased from the Superintendent of Documents, U.S. Printing Office, Washington D.C.

     (2) The following publications can be obtained by writing the Center for Food Safety and Applied Nutrition, Director, Office of Constituent Operations, Industry Activities Staff, HFS-S65 200 "C" Street, SW, Washington D.C. 20204.

     (a) The Grade "A" Condensed and Dry Milk Ordinance Grade "A" Condensed and Dry Milk Products and Condensed and Dry Whey -- Supplement I to the Grade "A" Pasteurized Milk Ordinance, 1995 Recommendations of the United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

     (b) The Standards for the Fabrication of Single-Service Containers and Closures for Milk and Milk Products 1995 Recommendations of the United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

     (c) The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers ((1995)) 1999 Revision.

     (d) The Methods of Making Sanitation Ratings of Milk Supplies ((1995)) 1997 Revision United States Department of Health and Human Services Public Health Services/Food and Drug Administration.

     (e) The Evaluation of Milk Laboratories 1995 Revision United States Department of Health and Human Services Public Health Service/Food and Drug Administration.

[Statutory Authority: RCW 15.36.021(3).      96-22-059, § 16-101-990, filed 11/4/96, effective 12/5/96.]

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