Section 65.32. Dairy product packages.

 

(1)   General.

(a) Dairy product packages shall be of sanitary design and construction. Packages shall be designed and constructed to protect packaged dairy products from reasonably foreseeable contaminants.

(b) Product contact surfaces of dairy product packages shall be smooth, nontoxic, noncorrosive, nonabsorbent, and durable under foreseeable use conditions. Product contact surfaces shall not impart any odor, color, taste, or adulterating substance to packaged dairy products.

(c) Dairy product packages shall be clean, sanitary, and free of any extraneous or deleterious substance. Dairy products shall not be sold or distributed in packages with a broken seal or that are damaged to the extent that package contents could become adulterated as a result of the damage.

(d) Single-service packages shall be made of clean and sanitary materials, shall be protected from contamination prior to use, shall be handled in a sanitary manner, and shall be clean and sanitary at the time of use. Single service packages shall not be re-used.

(2)   Grade A dairy product packages.

(a) The residual bacteria count on product contact surfaces of grade A dairy product packages shall not exceed one per milliliter of capacity when the rinse test is used, or 50 per 8 square inches (one per square centimeter) when the swab test is used, in 3 out of 4 samples randomly taken and analyzed on a given day. Product contact surfaces shall be free of coliform bacteria as determined using a rinse test or a swab test.

(b) A grade A dairy product package shall be designed so that the product, the package pouring lip if any, and the package opening rim and area are protected from contamination during handling, storage, and initial opening. A grade A dairy product package shall be designed so that it cannot be opened without breaking the cap or closure seal, or leaving other readily apparent evidence that the package has been opened.

(c) Product contact surfaces of multi-use packages used for grade A milk or dairy products shall be constructed of one or more of the following materials unless the division specifically authorizes another material in writing:

1. Stainless steel of the Iron and Steel Institute 300 series or an equally corrosion resistant metal.

2. Heat resistant glass.

3. Plastic materials that maintain their original properties under repeated use conditions; that are fat resistant and insoluble; and that are resistant to scratching, scoring, decomposition, crazing, chipping, and distortion under normal use conditions.

(d) Product contact surfaces of multi-use packages used to contain grade A milk or dairy products shall have rounded corners, and shall be easily cleanable.

(e) Multi-use packages used to contain grade A milk or dairy products shall be effectively cleaned and sanitized before being reused. Cleaning and sanitizing procedures shall remove all extraneous matter and potential adulterants from each package. Sanitizing procedures shall comply with s. ATCP 65.34 . If returnable glass bottles are sanitized in an automatic bottle washer by soaking those bottles in a caustic solution, the sanitizing procedure shall comply with sub. (3) .

(f) Multi-use packages used to contain grade A milk or dairy products shall be inspected before they are reused. Inspection shall be adequate to detect extraneous materials, adulterants, and damage to product contact surfaces. Inspection shall be performed on surfaces lighted in compliance with s. ATCP 65.24 (5) (c) .

(g) No multi-use plastic package may be reused for grade A milk or dairy products unless that package is tested for the presence of volatile organic compounds using method ASTM D 3530 or an equivalent method approved by the department before the package is filled. An automatic testing device, capable of detecting volatile organic compounds at levels of public health significance, shall be used to test each package. The testing device shall be installed in conjunction with the dairy product packaging apparatus so that no packages can be filled unless the testing device is operating properly, and so that packages containing unsatisfactory levels of volatile organic compounds are automatically made unusable. The dairy plant operator shall test the system daily with a test solution consisting of 0.5 ppm petroleum distillate or another test solution approved in writing by the division.

(h) No plastic multi-use package may be used to contain grade A milk or dairy products unless all of the following requirements are met:

1. The package is identified to show the plant at which the package was manufactured, the date of manufacture, and the type and class of plastic material used. This information may be coded if the code is provided to the division.

2. The phrase "Use only for food" appears on the package.

3. The division has provided a written approval of a prototype of the package.

(i) Single-service packages used to contain grade A milk or dairy products shall be manufactured by a manufacturer listed in the "Certified Manufacturers of Single-Service Containers and Related Products" published online by the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services.

(j) Packaged grade A milk and dairy products shall be conspicuously labeled as grade A milk or dairy products.

(3)   Automatic bottle washing.

(a) Returnable glass bottles cleaned in an automatic bottle washer shall be sanitized while in the washer. Bottles cleaned in an automatic bottle washer may be sanitized by being soaked in a caustic solution. The causticity of the sanitizing solution shall be monitored and maintained at an appropriate level in relation to solution temperature and soaking time. Table 1 shows minimum causticity levels required for sanitizing solutions, expressed in terms of percent concentration of sodium hydroxide (NaOH) in the sanitizing solution, based on applicable soaking times and temperatures.

(b) After being soaked in caustic solution under par. (a) , bottles shall be rinsed with water that has been treated with heat or chemicals to destroy viable pathogenic or other harmful microorganisms that may be present in the rinse water. - See PDF for table

(4)   Packaging grade A dairy products.

(a) Grade A dairy products shall be packaged in a sanitary manner at the dairy plant where they are pasteurized.

(b) Grade A dairy products shall be mechanically packaged using mechanical capping, closing, or sealing equipment approved by the division. When mechanical equipment for capping, closing, or sealing containers holding 3 gallons (12.8 liters) or more is not available, manual methods approved by the division may be used. Hand capping is otherwise prohibited.

(c) A drip deflector, designed and adjusted to deflect condensation away from open packages, shall be installed on each filler valve.

(d) Conveyors that feed packages to packaging machines shall have overhead shields to protect open packages from contamination.

(e) If a filled package is imperfectly sealed, the contents of that package shall be emptied into a sanitary container. The contents shall be discarded or shall be examined for physical adulterants, filtered if necessary, and repasteurized before being repackaged.

CR 14-073 : cr. Register August 2016 No. 728 , eff. 9-1-16.

Note

A copy of ASTM D 3530 may be obtained from ASTM International, P.O. Box C700, West Conshohocken, PA 19428-2959; 1-877-909-2786; www.astm.org . Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of "Certified Manufacturers of Single-Service Containers and Related Products" are available online at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2007965.htm or from the Milk Safety Team, HFS-626, Food and Drug Administration, Public Health Service, United States Department of Health and Human Services, 5100 Paint Branch Parkway, College Park, MD 20740-3835. Microsoft Windows NT 6.1.7601 Service Pack 1