Chapter 16-101X WAC

Last Update: 11/27/96

DEGRADES, LICENSE SUSPENSIONS AND REVOCATIONS FOR DAIRY PRODUCERS AND PROCESSORS

WAC Sections

16-101X-010Under what circumstances will the director degrade a dairy farm operation or a milk processing plant operation?
16-101X-020How is the length of a degrade of a producer or a milk processing plant determined?
16-101X-030How is the debit point value of each violation determined?
16-101X-040How can a degraded dairy farm or milk processing plant operation be regraded?
16-101X-050Under what circumstances may the director initiate revocation action against the grade A license of a producer or processor?


16-101X-010
Under what circumstances will the director degrade a dairy farm operation or a milk processing plant operation?

(1) The director shall call for a degrade of a dairy farm operation of a producer or a Grade A milk processing plant operation for one or more repeat violations of chapter 15.36 RCW, or rules adopted thereunder, which are noted on consecutive inspections as provided in RCW 15.36.111.
(2) For purposes of this chapter, "degrade" means the lowering in grade from Grade A to Grade C.
[Statutory Authority: RCW 15.36.021. WSR 96-24-058 (Order 6006), § 16-101X-010, filed 11/27/96, effective 12/28/96.]



16-101X-020
How is the length of a degrade of a producer or a milk processing plant determined?

The length of a degrade of a dairy farm operation or a grade A milk processing plant operation shall be based on the total number of debit points awarded to repeat violations as provided in WAC 16-101X-030 or until the director determines the violations that caused the degrade are corrected, which ever is longer. The schedule for determining a degrade period is as follows.
total debit points
degrade period
1-10
2 Days
11-15
4 Days
16-20
6 Days
21-30
8 Days
31-40
10 Days
41-50
12 Days
 
51 or more
14 Days
[Statutory Authority: RCW 15.36.021. WSR 96-24-058 (Order 6006), § 16-101X-020, filed 11/27/96, effective 12/28/96.]



16-101X-030
How is the debit point value of each violation determined?

(1) The debit point for each violation, as shown in the table below, is the same as the debit points awarded to dairy farms or milk processing plants during state surveys and federal check ratings as determined in the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration.
(2) A copy of the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" may be obtained by request from the Washington State Department of Agriculture Food Safety Program, P.O. Box 42560, Olympia, Washington 98504-2560 ( 360-902-1875).
(3) dairy farm sanitation violation debit point values
item
no
description
debit
point
value
 
abnormal milk
 
1a
Cows secreting abnormal milk milked last or in separate equipment
5
1b
Abnormal milk property handled and disposed of
5
1c
Proper care of abnormal milk handling equipment
5
 
milking parlor
 
2a
Floors, gutters and fee troughs of concrete or of equally impervious materials; in good repair
1
2b
Walls and ceilings smooth, painted or finished adequately; in good repair; ceiling dust tight
1
2c
Separate stalls or pens for horses, calves and bulls
1
2d
Adequate natural and/or artificial light; well distributed
1
2e
Properly ventilated;
1
3a
Clean and free of litter
3
3b
No swine or fowl
3
4a
Cowyard graded to drain; no pooled water or wastes
3
4b
Cowyard clean; cattle housing areas and manure packs properly maintained
3
4c
No swine
3
4d
Manure stored inaccessible to cows
3
 
milkhouse
 
 
Floors
 
5a
Smooth; concrete or other impervious material; in good repair
1
5b
Graded to drain
1
5c
Drains trapped, if connected to sanitary system
1
 
Walls and Ceilings
 
5a
Approved material and finish
1
5b
Good repair (windows, doors and hoseport included)
1
 
Lighting and Ventilation
 
5a
Adequate natural and/or artificial light; properly distributed
2
5b
Adequate ventilation
2
5c
Doors and windows closed during dusty weather
2
5d
Vents and lighting fixtures properly installed
2
 
Miscellaneous Requirements
 
5a
Used for milkhouse operations only; sufficient size
2
5b
No direct opening into living quarters or barn; except as permitted by Ordinance
2
5c
Liquid wastes properly disposed of
2
5d
Proper hoseport where required
2
5e
Acceptable surface under hoseport
2
5f
Suitable shelter for transport truck as required by this Ordinance
2
 
Cleaning Facilities
 
5a
Two-compartment wash and rinse vat of adequate size
2
5b
Suitable water heating facilities
2
5c
Water under pressure piped to milkhouse
2
 
Cleanliness
 
6a
Floors, walls, windows, tables and similar nonproduct surfaces clean
4
6b
No trash, unnecessary articles, animals or fowl
4
 
Toilet
 
7a
Provided; conveniently located
4
7b
Constructed and operated according to Ordinance
4
7c
No evidence of human wastes about premises
4
7d
Toilet room in compliance with Ordinance
4
 
Water Supply
 
8a
Constructed and operated according to Ordinance
2 or 5
8b
Complies with bacteriological standards
5
8c
No connection between safe and unsafe supplies; no improper submerged inlets
5
 
utensils and equipment
 
9a
Smooth, impervious, nonabsorbent, safe materials; easily cleanable;
4
9b
In good repair; accessible for inspection;
4
9c
Approved single service articles; not reused
4
9d
Of proper design
4
9e
Approved CIP milk pipeline system
4
10a
Utensils and equipment clean
5
11a
All multiuse containers and equipment subjected to approved sanitization process
5
12a
All multiuse containers and equipment properly stored
2
12b
Stored to assure complete drainage where applicable
2
12c
Single-service articles properly stored
2
 
milking
 
13a
Milking done in barn, stable or parlor
5
13b
Brushing completed before milking begun
5
13c
Flanks, bellies, udders, and tails of cows clean at time of milking; clipped when required
5
13d
Teats treated with sanitizing solution and dried just prior to milking
5
13e
No wet hand milking
5
 
transfer and protection of milk
 
 
Protection from Contamination
 
14a
No overcrowding
3
14b
Product and CIP circuits separated
3
14c
Improperly handled milk discarded
3
14d
Immediate removal of milk
3
14e
Milk and equipment properly protected
3
14f
Sanitized milk surfaces not exposed to contamination
3
14g
Air under pressure of proper quality
3
 
Drug and Chemical Control
 
15a
Cleaners and sanitizers properly identified
2
15b
Drug administration equipment properly handled and stored
2
15c
Drugs properly labeled (name and address) and stored
2
15d
Drugs properly labeled (directions for use, cautionary statements, active ingredients)
7
15e
Drugs properly used and stored to preclude contamination of milk
7
 
personnel
 
 
Handwashing Facilities
 
16a
Proper handwashing facilities convenient to milking operations
2
16b
Wash and rinse vats not used as handwashing facilities
2
 
Personnel Cleanliness
 
17a
Hands washed clean and dried before milking, or performing milkhouse functions; rewashed when contaminated
1
17b
Clean outer garments worn
1
 
cooling
 
18a
Milked cooled to 45°F or less within 2 hours after milking
5
18b
Recirculated cooling water from safe source and properly protected; complies with bacteriological standards
5
18c
Temperature recorder with 7 day chart
5*
 
insects and rodents
 
19a
Fly breeding minimized by approved manure disposal methods
3
19b
Manure packs properly maintained
3
19c
All milkhouse openings effectively screened or otherwise protected; doors tight and self-closing; screen doors open outward
2
19d
Milkhouse free of insects and rodents
2
19e
Approved pesticides; used properly
2
19f
Equipment and utensils not exposed to pesticide contamination
2
19g
Surrounding neat and clean; free of harborage and breeding areas
2
19h
Feed storage not attraction for birds, rodents or insects
2
* This is a requirement of chapter 16-125 WAC rated in accordance with cooling criteria in similar sections of the 1995 "Methods of Making Sanitation Ratings of Milk Supplies" for dairy plants.
(4) milk processing plant sanitation violation debit point values
item
no
description
debit
point
value
1
floors
 
1a
Smooth; impervious; no pools; good repair; trapped drains
1
2
walls and ceilings
 
2a
Smooth; washable; light-colored; good repair
1
3
doors and windows
 
3a
All outer openings effectively protected against entry of flies and rodents
2
3b
Outer doors self-closing; screen doors open outward
2
4
lighting and ventilation
 
4a
Adequate in all rooms
1
4b
Well ventilated to preclude odors and condensation; filtered air with pressured systems
1
5
separate rooms
 
5a
Separate rooms as required; adequate size
3
5b
No direct opening to barn or living quarters
3
5c
Storage tanks properly vented
3
6
toilet facilities
 
6a
Complies with local ordinances
3
6b
No direct opening to processing rooms; self-closing doors
3
6c
Clean; well-lighted and ventilated; proper facilities
3
6d
Sewage and other liquid wastes disposed of in a sanitary manner
3
7
water supply
 
7a
Constructed and operated in accordance with Ordinance
4
7b
No direct or indirect connection between safe and unsafe water
4
7c
Condensing water and vacuum water in compliance with Ordinance requirements
4
7d
Complies with bacteriological standards
4
8
handwashing facilities
 
8a
Located and equipped as required; clean and in good repair; improper facilities not used
2
9
milk plant cleanliness
 
9a
Neat; clean; no evidence of insects or rodents; trash properly handled
3
9b
No unnecessary equipment
3
10
sanitary piping
 
10a
Smooth; impervious; corrosion-resistant; nontoxic; easily cleanable materials; good repair; accessible for inspection
3
10b
Clean-in-place lines meet Ordinance specifications
3
10c
Pasteurized products conducted in sanitary piping, except as permitted by Ordinance
3
11
construction and repair of containers and equipment
 
11a
Smooth; impervious; corrosion-resistant; nontoxic; easily cleanable materials; good repair; accessible for inspection
3
11b
Self-draining; strainers of approved design
3
11c
Approved single-service articles; not reused
3
12
cleaning and sanitizing of containers/equipment
 
12a
Containers, utensils and equipment effectively cleaned
5
12b
Mechanical cleaning requirements of Ordinance in compliance; records complete
5
12c
Approved sanitization process applied prior to the use of product-contact surfaces
5
12d
Required efficiency tests in compliance
5
12e
Multiple use plastic containers in compliance
5
12f
Aseptic system sterilized
5
13
storage of cleaned containers and equipment
 
13a
Stored to assure drainage and protected from contamination
3
14
storage of single service articles
 
14a
Received, stored and handled in a sanitary manner; paperboard containers not reused except as permitted by the Ordinance
2
15A
protection from contamination
 
15a
Operations conducted and located so as to preclude contamination of milk, milk products, ingredients, containers, equipment and utensils
3
15b
Air and steam used to process products in compliance with Ordinance
3
15c
Approved pesticides, safely used
3
15B
cross connections
 
15a
No direct connections between pasteurized and raw milk or milk products.
5
15b
Overflow, spilled and leaked products or ingredients discarded
5
15c
No direct connections between milk or milk products and cleaning and/or sanitizing solutions
5
16A
pasteurization-batch
 
(1)
indicating and recording thermometers
 
16a
Comply with Ordinance specifications
4
(2)
time and temperature controls
 
16a
Adequate agitation throughout holding; agitator sufficiently submerged
15
16b
Each pasteurizer equipped with indicating and recording thermometer; bulb submerged
15
16c
Recording thermometer reads no higher than indicating thermometer
15
16d
Product held minimum pasteurization temperature continuously for 30 minutes, plus filling time if product preheated before entering vat, plus emptying time, if cooling is begun after opening outlet
15
16e
No product added after holding begun
15
16f
Airspace above product held at not less than 5.0°F higher than minimum required pasteurization temperature during holding
15
16g
Approved airspace thermometer; bulb not less than 1 inch above product level
15
16h
Inlet and outlet valves and connections in compliance with Ordinance
15
16B
pasteurization-high temperature
 
(1)
indicating and recording thermometers
 
16a
Comply with Ordinance specifications
4
(2)
time and temperature controls
 
16a
Flow diversion device complies with Ordinance requirements
15
16b
Recorder-controller complies with Ordinance requirements
15
16c
Holding tube complies with Ordinance requirements
15
16d
Flow promoting devices comply with Ordinance requirements
15
(3)
adulteration controls
 
16a
Satisfactory means to prevent adulteration with added water
3
16C
aseptic processing
 
(1)
indicating and recording thermometers
 
16a
Comply with Ordinance specifications
4
(2)
time and temperature controls
 
16a
Flow diversion device complies with Ordinance requirements
15
16b
Recorder-controller complies with Ordinance requirements
15
16c
Holding tube complies with Ordinance requirements
15
16d
Flow promoting devices comply with Ordinance requirements
15
(3)
adulteration controls
 
16a
Satisfactory means to prevent adulteration with added water
3
16D
regenerative heating
 
16a
Pasteurized or aseptic product in regenerator automatically under greater pressure than raw product in regenerator at all times
10
16b
Accurate pressure gauges installed as required; booster pump properly identified and installed
10
16c
Regenerator pressures meet Ordinance requirements
10
16E
temperature recording charts
 
16a
Batch pasteurizer charts comply with applicable Ordinance requirements
4
16b
HTST pasteurizer charts comply with applicable Ordinance requirements
4
16c
Aseptic charts comply with applicable Ordinance requirements
4
17
cooling of milk
 
17a
Raw milk maintained at 45°F or less until processed
5
17b
Pasteurized milk and milk products, except those to be cultured, cooled immediately to 45°F or less in approved equipment; all milk and milk products stored thereat until delivered
5
17c
Approved thermometers properly located in all refrigeration rooms and storage tanks
5
17d
Recirculated cooling water from safe source and properly protected; complies with bacteriological standards
5
18
bottling and packaging
 
18a
Performed in plant where contents finally pasteurized
5
18b
Performed in sanitary manner by approved mechanical equipment
5
18c
Aseptic filling in compliance
5
19
capping
 
19a
Capping and/or closing performed in sanitary manner by approved mechanical equipment
5
19b
Imperfectly capped/closed products properly handled
5
19c
Caps and closures comply with Ordinance
5
20
personnel cleanliness
 
20a
Hands washed clean before performing plant functions; rewashed when contaminated
1
20b
Clean outer garments and hair covering worn
1
20c
No use of tobacco in processing areas
1
21
vehicles
 
21a
Vehicles clean; constructed to protect milk
1
21b
No contaminating substances transported
1
22
surroundings
 
22a
Neat and clean; free of pooled water, harborages and breeding areas
2
22b
Tank unloading areas properly constructed
2
22c
Approved pesticides; used properly
2
[Statutory Authority: RCW 15.36.021. WSR 96-24-059 (Order 6007), § 16-101X-030, filed 11/27/96, effective 12/28/96.]



16-101X-040
How can a degraded dairy farm or milk processing plant operation be regraded?

A producer or processor subject to degrade action for repeat violations must apply on an application provided by the department to have his or her dairy farm or milk processing plant regraded. The application must be signed by the producer or processor and must state that all violations, both repeat violations and nonrepeat violations, cited on the inspection that caused the degrade have been corrected. Within seven days after receiving a completed application for regrade, the department will reinspect the dairy farm or milk processing plant. If the department determines that all violations, both repeat violations and nonrepeat violations, cited on the inspection that caused the degrade have been corrected and the degrade period as determined by the director has ended, the department will regrade the dairy farm or milk processing plant operation.
[Statutory Authority: RCW 15.36.021. WSR 96-24-059 (Order 6007), § 16-101X-040, filed 11/27/96, effective 12/28/96.]



16-101X-050
Under what circumstances may the director initiate revocation action against the grade A license of a producer or processor?

The director may initiate revocation proceedings against a dairy producer or milk processor whenever that producer or processor has had his or her milk processing plant operation or dairy farm operation degraded for repeated violations and/or had his or her Grade A producer's license or milk processing plant license suspended and/or his or her milk degraded due to temperature violations, excessive coliform bacteria counts, total bacterial counts, or somatic cell counts, more than four times within a continuous three year period. A license may also be revoked as provided for in RCW 15.36.401 or 15.36.411.
[Statutory Authority: RCW 15.36.021. WSR 96-24-058 (Order 6006), § 16-101X-050, filed 11/27/96, effective 12/28/96.]