Rules of Department of Agriculture - Missouri Secretary of State · 2017-11-20 · Rules of...

CODE OF STATE REGULATIONS 1JASON KANDER (9/30/16)Secretary of State

Rules ofDepartment of Agriculture

Division 80—State Milk BoardChapter 2—Grade “A” Pasteurized Milk Regulations

Title Page

2 CSR 80-2.010 Definitions .......................................................................................3

2 CSR 80-2.020 Sale of Adulterated, Misbranded Milk, or Milk Products ...............................5

2 CSR 80-2.030 Permits ...........................................................................................5

2 CSR 80-2.040 Labeling ..........................................................................................6

2 CSR 80-2.050 Inspection Frequency and Procedure ........................................................6

2 CSR 80-2.060 The Examination of Milk and Milk Products..............................................7

2 CSR 80-2.070 Standards for Milk and Milk Products......................................................8

2 CSR 80-2.080 Animal Health .................................................................................14

2 CSR 80-2.090 Transferring, Delivery Containers—Cooling (Rescinded June 30, 1980) ...........14

2 CSR 80-2.091 Milk and Milk Products Which May Be Sold............................................14

2 CSR 80-2.100 Future Dairy Farms and Milk Plants (Rescinded June 30, 1980) ....................15

2 CSR 80-2.101 Transferring; Delivery Containers; Cooling ..............................................15

2 CSR 80-2.110 Milk and Milk Products from Points Beyond the Limits of Routine Inspection....15

2 CSR 80-2.120 Procedure When Infection Is Suspected (Rescinded June 30, 1980) .................15

2 CSR 80-2.121 Future Dairy Farms and Milk Plants ......................................................15

2 CSR 80-2.130 Personnel Health ..............................................................................16

2 CSR 80-2.140 Enforcement (Rescinded June 30, 1980) ..................................................16

2 CSR 80-2.141 Procedure When Infection is Suspected...................................................16

2 CSR 80-2.150 Unconstitutionality Clause (Rescinded June 30, 1980) .................................17

2 CSR 80-2.151 Enforcement....................................................................................17

2 CODE OF STATE REGULATIONS (9/30/16) JASON KANDER

Secretary of State

2 CSR 80-2.160 Adoption of Grade A Pasteurized Milk Ordinances, 1965 Recommendations of the United States Public Health Service by Reference (Rescinded June 30, 1980) .................................................................17

2 CSR 80-2.161 Penalty ..........................................................................................17

2 CSR 80-2.170 Separability Clause ...........................................................................17

2 CSR 80-2.180 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2015 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration ........................................18

2 CSR 80-2.181 Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2015 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments .......18

2 CSR 80-2.190 State Milk Board Grade “A” Milk Policies ...............................................18

Title 2—DEPARTMENT OFAGRICULTURE

Division 80—State Milk BoardChapter 2—Grade “A” Pasteurized

Milk Regulations

2 CSR 80-2.010 Definitions

PURPOSE: This rule updates and definesterms used in the regulations of the State MilkBoard. This rule corresponds with the Grade“A” Pasteurized Milk Ordinance (PMO)—2015 Revision of the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorporat-ed by reference as a portion of this rule wouldbe unduly cumbersome or expensive. Thismaterial as incorporated by reference in thisrule shall be maintained by the agency at itsheadquarters and shall be made available tothe public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference materi-al. The entire text of the rule is printed here.

(1) The following definitions shall apply tothe interpretations and enforcement of sec-tions 196.931–196.959, RSMo:

(A) Milk is the product defined in Code ofFederal Regulations Title 21 section 131.110.Note: Applicable sections of parts 131 and133 are included in Appendix L of the Grade“A” Pasteurized Milk Ordinance (PMO)—2015 Revision Recommendations of theUnited States Department of Health andHuman Services, Public Health Service,Food and Drug Administration.

1. Goat milk is the normal lacteal secre-tion, practically free from colostrum,obtained by the complete milking of one (1)or more healthy goats. The word “milk” shallbe interpreted to include goat milk.

2. Sheep milk is the normal lactealsecretion, practically free of colostrum,obtained by the complete milking of one (1)or more healthy sheep. The word “milk”shall be interpreted to include sheep milk.

3. Camel milk is the normal lactealsecretion, practically free of colostrum,obtained by the complete milking of one (1)or more healthy camels. The word “milk”shall be interpreted to include camel milk;

(B) Acidified milk is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.111;

(C) Adulterated milk and milk productsshall be deemed to be adulterated if one (1)or more of the conditions described in the

Federal Food, Drug and Cosmetic ActChapter IV section 402 exist;

(D) Automatic milking installation coversthe entire installation of one (1) or more auto-matic milking units, including the hardwareand software utilized in the operation of indi-vidual automatic milking units, the animalselection system, the automatic milkingmachine, the milk cooling system, the systemfor cleaning and sanitizing the automaticmilking unit, the teat cleaning system, andthe alarm systems associated with the processof milking, cooling, and sanitation;

(E) Bulk milk hauler/sampler is any personwho collects official samples and may trans-port raw milk from a farm and/or raw milkproducts to or from a milk plant, receivingstation, or transfer station and has in theirpossession a permit from the State MilkBoard to sample such products;

(F) Bulk milk pickup tanker is a vehicleincluding the truck, tank, and those appurte-nances necessary for its use, used by a bulkmilk hauler/sampler to transport bulk rawmilk for pasteurization from a dairy farm to amilk plant, receiving station, or transfer sta-tion;

(G) Buttermilk is a fluid product resultingfrom the manufacture of butter from milk orcream. It contains not less than eight andone-quarter percent (8 1/4%) of milk solidsnot fat;

(H) Concentrated (condensed) milk is theproduct defined in the Code of FederalRegulations Title 21 section 131.115.

1. Concentrated milk products shall betaken to mean and to include homogenizedconcentrated milk, concentrated skim milk,concentrated reduced fat or lowfat milk, andsimilar concentrated products made fromconcentrated milk or concentrated skim milk,which when combined with potable water inaccordance with instructions printed on thecontainer label, conform with the definitionsof the corresponding milk products in thissection.

2. Frozen milk concentrate is a frozenmilk product with a composition of milkfatand milk solids not fat in proportions thatwhen a given volume of concentrate is mixedwith a given volume of water, the reconstitut-ed product conforms to the milkfat and milksolids not fat requirements of whole milk. Inthe manufacturing process, water may beused to adjust the primary concentrate to thefinal desired concentration. The adjusted pri-mary concentrate is pasteurized, packaged,and immediately frozen. This product isstored, transported, and sold in the frozenstate;

(I) Cottage cheese is that product definedin the Code of Federal Regulations Title 21

section 133.128.1. Dry curd cottage cheese is that prod-

uct defined in the Code of FederalRegulations Title 21 section 133.129;

(J) Cream is the product defined in theCode of Federal Regulations Title 21 section131.3(a).

1. Heavy cream is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.150.

2. Light cream is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.155.

3. Light whipping cream is the productdefined in the Code of Federal RegulationsTitle 21 section 131.157.

4. Sour cream is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.160.

5. Acidified sour cream is the productdefined in the Code of Federal RegulationsTitle 21 section 131.162;

(K) Cultured milk is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.112;

(L) Dairy farm is any place or premiseswhere one (1) or more lactating animals(cows, goats, sheep, water buffalo, or otherhooved mammal) are kept for milking pur-poses, and from which a part or all of themilk or milk product(s) is provided, sold, oroffered for sale;

(M) Department means the MissouriDepartment of Agriculture;

(N) Dry cream is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.149;

(O) Dry whole milk is the product definedin the Code of Federal Regulations Title 21section 131.147;

(P) Eggnog is the product defined in theCode of Federal Regulations Title 21 section131.170;

(Q) Evaporated milk is the product definedin the Code of Federal Regulations Title 21section 131.130;

(R) Half-and-half is the product defined inthe Code of Federal Regulations Title 21 sec-tion 131.180;

(S) Milk distributor is any person whooffers for sale or sells to another any milk ormilk products;

(T) Milk plant is any place, premises, orestablishment where milk or milk productsare collected, handled, processed, stored,pasteurized, ultra-pasteurized, asepticallyprocessed, condensed, dried, packaged, orprepared for distribution;

(U) Milk producer is any person who oper-ates a dairy farm and provides, sells, or offersmilk for sale;

(V) Milk products are those products


Chapter 2—Grade “A” Pasteurized Milk Regulations 2 CSR 80-2

which have been manufactured under the pro-visions of the Grade “A” Pasteurized MilkOrdinance (PMO)—2015 Revision of theUnited States Department of Health andHuman Services, Public Health Service,Food and Drug Administration, Section 1(X),which is hereby incorporated by reference aspublished by the Department of Health andHuman Services, Public Health Service,Food and Drug Administration, Division ofPlant and Dairy Food Safety (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835;

(W) Milk tank truck is the term used todescribe both a bulk milk pickup tanker anda milk transport tank;

(X) Milk tank truck cleaning facility is anyplace, premises, or establishment, separatefrom a milk plant, receiving station, or trans-fer station, where a milk tank truck is cleanedand sanitized;

(Y) Milk tank truck driver is any personwho transports raw or pasteurized milk ormilk products to or from a milk plant, receiv-ing station, or transfer station. Any trans-portation of a direct farm pickup requires themilk tank truck driver to have responsibilityfor accompanying official samples;

(Z) Milk transport tank is a vehicle includ-ing the truck and tank used by a bulk milkhauler/sampler to transport bulk shipments ofmilk and milk products from a milk plant,receiving station, or transfer station to anoth-er milk plant, receiving station, or transferstation;

(AA) Milk transportation company is theperson responsible for a milk tank truck(s);

(BB) Misbranded milk and milk productsare misbranded if one (1) or more of the con-ditions described in the Federal Food, Drugand Cosmetic Act Chapter IV section 403exist;

(CC) Nonfat dry milk is the productdefined in the Code of Federal RegulationsTitle 21 section 131.125;

(DD) Nonfat dry milk fortified with vita-mins A and D is the product defined in theCode of Federal Regulations Title 21 section131.127;

(EE) Official laboratory is a biological,chemical, or physical laboratory which isunder the direct supervision of the regulatoryagency;

(FF) Officially designated laboratory is acommercial laboratory authorized to do offi-cial work by the regulatory agency, or a milkindustry laboratory officially designated bythe regulatory agency for the examination ofproducer samples of Grade “A” raw milk forpasteurization and commingled milk tanktruck samples of raw milk for drug residuesand bacteria limits;

(GG) Pasteurization, pasteurized, and sim-ilar terms shall mean the process of heatingevery particle of milk or milk product inproperly designed and operated equipment,to one (1) of the temperatures given in thefollowing table and held continuously at orabove that temperature for at least the corre-sponding specified time:

Temperature Time *145 °F (63 °C) 30 minutes *161 °F (72 °C) 15 seconds 191 °F (89 °C) 1 second 194 °F (90 °C) 0.5 second 201 °F (94 °C) 0.1 second 204 °F (96 °C) 0.05 second212 °F (100 °C) 0.01 second

*If the fat content of the milk product is tenpercent (10%) or greater, or a total solids ofeighteen percent (18%) or greater, or if itcontains added sweeteners, the specified tem-perature shall be increased by five degreesFahrenheit (5 °F) (three degrees Celsius (3°C)). Provided, that eggnog shall be heatedto at least the following temperature and timespecifications:

Temperature Time 155 °F (69 °C) 30 minutes 175 °F (80 °C) 25 seconds 180 °F (83 °C) 15 seconds Provided further, that nothing in this defini-tion shall be construed as barring any otherprocess found equivalent to pasteurization formilk and milk products, which has been rec-ognized by the Food and Drug Administrationas provided in the Federal Food, Drug andCosmetic Act, Chapter IV section 403(h)(3);

(HH) Person shall include any individual,milk plant operator, partnership, corporation,company, firm, trustee, association, or insti-tution;

(II) Receiving station is any place, premis-es, or establishment where raw milk isreceived, collected, handled, stored, orcooled and prepared for further transporting;

(JJ) Reconstituted or recombined milk andmilk products shall mean milk or milk prod-ucts as defined in Section 1 of the Grade “A”Pasteurized Milk Ordinance (PMO)—2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administrationwhich result from reconstituting or recombin-ing of milk constituents with potable waterwhen appropriate;

(KK) Regulatory agency shall mean theState Milk Board or its authorized represen-tative. The term regulatory agency wheneverit appears in these rules shall mean the appro-priate agency having jurisdiction and controlover the matters embraced within these rules;

(LL) Sanitization is the application of an

effective method or substance to properlycleaned surfaces for the destruction ofpathogens, and other microorganisms, as faras is practicable. Such treatment shall notadversely affect the equipment, the milk,and/or milk product, or the health of con-sumers, and shall be acceptable to the regula-tory agency;

(MM) State Milk Board is the boardappointed by the governor as outlined in sec-tion 196.941, RSMo 2000. Sanitary controlof fluid milk in Missouri is the responsibilityof this board;

(NN) State Milk Board authorized repre-sentative shall mean the person(s) authorizedby the board to perform local milk inspectionactivities as employees of the board or asemployees of a political subdivision of thestate under contractual agreement with theState Milk Board;

(OO) Sweetened condensed milk is theproduct defined in the Code of FederalRegulations Title 21 section 131.120;

(PP) Transfer station is any place, premis-es, or establishment where milk or milk prod-ucts are transferred directly from one (1)milk tank truck to another;

(QQ) Ultra-pasteurized, when used todescribe a dairy product, means that theproduct shall have been thermally processedat or above two hundred eighty degreesFahrenheit (280 °F) (one hundred thirty-eightdegrees Celsius (138 °C)) for at least two (2)seconds, either before or after packaging, soas to produce a product which has an extend-ed shelf life under refrigerated conditions(refer to Code of Federal Regulations Title 21section 131.3); and

(RR) Yogurt is the product defined in theCode of Federal Regulations Title 21 section131.200;

1. Lowfat yogurt is the product definedin the Code of Federal Regulations Title 21section 131.203.

2. Nonfat yogurt is the product definedin the Code of Federal Regulations Title 21section 131.206.

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed April 20, 1973, effectiveApril 30, 1973. Rescinded and readopted:Filed March 11, 1980, effective July 1, 1980.Amended: Filed Feb. 1, 1990, effective April26, 1990. Amended: Filed Feb. 15, 2007,effective July 30, 2007. Amended: Filed Aug.3, 2009, effective Jan. 30, 2010. Rescindedand readopted: Filed Feb. 17, 2012, effectiveAug. 30, 2012. Amended: Filed July 23,2014, effective Jan. 30, 2015. Amended:Filed April 22, 2016, effective Oct. 30, 2016.

*Original authority: 196.939, RSMo 1972, amended1993, 1994, 1995.

4 CODE OF STATE REGULATIONS

2 CSR 80-2—DEPARTMENT OF AGRICULTURE Division 80—State Milk Board

(9/30/16) JASON KANDER

Secretary of State

2 CSR 80-2.020 Sale of Adulterated, Mis-branded Milk, or Milk Products

PURPOSE: This rule provides for the controlof adulterated, misbranded Grade “A” milk,or milk products, or any combination ofthese. This rule corresponds with Section 2 ofthe Grade “A” Pasteurized Milk Ordinance(PMO)—2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration.


(1) No person shall produce, provide, sell,offer, or expose for sale, or have in posses-sion with intent to sell, within the state ofMissouri, or its jurisdiction, any milk or milkproduct which is adulterated or misbranded.Provided that, in an emergency, the sale ofpasteurized milk and milk products whichhave not been graded, or the grade of whichis unknown, may be authorized by the regu-latory agency, in which case those productsshall be labeled ungraded.

(2) Any adulterated or misbranded milk ormilk product may be impounded under properauthority by the regulatory agency and dis-posed of in accordance with applicable laws orregulations. The Grade “A” Pasteurized MilkOrdinance (PMO), 2015 Revision is herebyincorporated by reference as published by theUnited States Department of Health andHuman Services, Public Health Service, Foodand Drug Administration, Division of Plantand Dairy Food Safety (HFS-316), 5100 PaintBranch Parkway, College Park, MD 20740-3835. This rule does not incorporate any sub-sequent amendments or additions to thePasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed April 20, 1973, effectiveApril 30, 1973. Rescinded and readopted:Filed March 11, 1980, effective July 1, 1980.Amended: Filed Feb. 1, 1990, effective April26, 1990. Amended: Filed Feb. 15, 2007,effective July 30, 2007. Amended: Filed Aug.3, 2009, effective Jan. 30, 2010. Amended:Filed March 13, 2012, effective Sept. 30,2012. Amended: Filed July 23, 2014, effective

Jan. 30, 2015. Amended: Filed April 22,2016, effective Oct. 30, 2016.


2 CSR 80-2.030 Permits

PURPOSE: This rule provides for theissuance of permits to persons involved in theproduction, transporting, and processing ofGrade “A” milk and milk products. This rulecorresponds with Section 3 of the Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) It shall be unlawful for any person whodoes not possess a permit from the regulatoryagency of Missouri to bring into, send into,or receive into Missouri or its jurisdiction,for sale, or to sell, or offer to sale, or to havein storage any milk or milk products definedin these rules. Imported sources of milk ormilk products shall be permitted jointly bythe state Department of Agriculture, stateDepartment of Health, and the State MilkBoard. An Export Certificate shall serve asthe permit. Provided that grocery stores,restaurants, soda fountains, and similar estab-lishments where milk or milk products areserved or sold at retail, but not processed,may be exempt from the requirements of thisrule.

(2) Only a person who complies with therequirements of these rules shall be entitledto receive and retain a permit. Permits shallnot be transferable with respect to persons,locations, or both.

(3) The regulatory agency shall suspend thepermit, whenever it has reason to believe thata public health hazard exists; or whenever thepermit holder has violated any of the require-ments of these rules or whenever the permitholder has interfered with the regulatoryagency in the performance of its duties.

Provided that the regulatory agency, in allcases except where the milk or milk productinvolved creates, or appears to create, animminent hazard to the public health, or inany case of a willful refusal to permit autho-rized inspection, shall serve upon the holdera written notice of intent to suspend permit,which notice shall specify with particularitythe violation(s) in question and afford theholder reasonable opportunity to correct theviolation(s) as may be agreed to by the par-ties, or in the absence of agreement, fixed bythe regulatory agency before making anyorder of suspension effective. Any permitsuspension shall remain in effect until theviolation has been corrected to the satisfac-tion of the regulatory agency. Prior to rein-statement when permit suspension has beendue to a somatic cell violation, in addition tocomplying with the requirements containedelsewhere in these rules, the analysis of anindividual producer sample meeting thesomatic cell standards outlined in 2 CSR 80-2.070 (Section 7 of the PMO) shall be made.The sample shall be analyzed in an official orofficially designated laboratory.

(4) Upon written notification to the regulato-ry agency by any person whose permit hasbeen suspended, or upon application withinforty-eight (48) hours of any person who hasbeen served with a notice of intention to sus-pend, and in the latter case before suspen-sion, the regulatory agency, within seventy-two (72) hours, shall proceed to a hearing toascertain facts of the violation or interferenceand upon evidence presented at the hearingshall affirm, modify, or rescind the suspen-sion or intention to suspend.

(5) Upon repeated violation(s), the regulatoryagency may revoke the permit following rea-sonable notice to the permit holder and anopportunity for a hearing. This rule is notintended to preclude the institution of courtaction as provided in 2 CSR 80-2.050(Section 5 of the PMO) and 2 CSR 80-2.060(Section 6 of the PMO). The Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food Safety(HFS-316), 5100 Paint Branch Parkway,College Park, MD 20740-3835. This ruledoes not incorporate any subsequent amend-ments or additions to the Pasteurized MilkOrdinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed April 20, 1973, effectiveApril 30, 1973. Rescinded and readopted:



Filed March 11, 1980, effective July 1, 1980.Amended: Filed Feb. 1, 1990, effective April26, 1990. Amended: Filed Feb. 15, 2007,effective July 30, 2007. Amended: Filed Aug.3, 2009, effective Jan. 30, 2010. Amended:Filed March 13, 2012, effective Sept. 30,2012. Amended: Filed July 23, 2014, effectiveJan. 30, 2015. Amended: Filed April 22,2016, effective Oct. 30, 2016.


2 CSR 80-2.040 Labeling

PURPOSE: This rule provides regulations forthe proper labeling of Grade “A” milk or milkproducts. This rule corresponds with Section 4of the Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration.


(1) All bottles, containers, and packagesenclosing milk or milk products defined in 2CSR 80-2.010 (Section 1 of the PMO) ofthese rules shall be labeled in substantialcompliance with the applicable requirementsof the Federal Food, Drug and Cosmetic Act,the Fair Packaging and Labeling Act, andregulations developed thereunder, and inaddition, shall comply with the applicablerequirements of this rule as follows. TheGrade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision is hereby incorporatedby reference as published by the UnitedStates Department of Health and HumanServices, Public Health Service, Food andDrug Administration, Division of Plant andDairy Food Safety (HFS-316), 5100 PaintBranch Parkway, College Park, MD 20740-3835. This rule does not incorporate any sub-sequent amendments or additions to thePasteurized Milk Ordinance (PMO).

(2) All bottles, containers, and packagesenclosing milk or milk products except milktank trucks, storage tanks, and cans of raw

milk from individual dairy farms shall beconspicuously marked with—

(A) The name of the product;(B) The words Grade “A”;(C) The identity of the plant where pas-

teurized;(D) The word reconstituted or recombined

if the product is made by reconstitution orrecombination; and

(E) The volume or proportion of water tobe added for reconstitution or recombining inthe case of concentrated milk or milk prod-ucts.

(3) All vehicles and milk tank trucks contain-ing milk or milk products shall be legiblymarked with the name of the milk plant orhauler in possession of the contents.

(4) Milk tank trucks transporting raw milkand milk products to a milk plant fromsources of supply not under the routine super-vision of the regulatory agency are requiredto be marked with the name and address ofthe milk plant or hauler and shall be sealed;in addition, for each of these shipments, ashipping statement shall be prepared contain-ing at least the following information:

(A) Shipper’s name, address, and permitnumber;

(B) Permit identification of hauler, if notemployee of shipper;

(C) Point of origin of shipment;(D) Tanker identity number;(E) Name of product;(F) Weight of product;(G) Grade of product;(H) Temperature of product;(I) Date of shipment;(J) Name of supervising regulatory agency

at the point of origin; and(K) Whether the contents are raw, pasteur-

ized, or in the case of cream, skim milk, orlowfat milk, whether it has been heat-treated.

(5) One (1) copy of the shipping statementshall be retained by the consignor, one (1) bythe common carrier, and at least two (2)copies shall be delivered to the consigneewith the shipment. The consignee shall for-ward at least one (1) copy to the regulatoryagency in the receiving area. Upon request,the regulatory agency shall return to the offi-cial supervising agency the following infor-mation:

(A) Date and time of arrival of product;(B) Temperature of product;(C) Bacterial count and butterfat test of

product on individual shipment;(D) Adequacy of seals; and(E) Other pertinent information.

(6) Entries made on shipping statements by

consignors or consignees shall be legible.When the interstate shipment is derived frommore than one (1) point of origin, separateshipping statements for each of the sourcesinvolved shall accompany the shipment.Shipping statements shall be retained on filefor a period of at least six (6) months.

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed April 20, 1973, effectiveApril 30, 1973. Rescinded and readopted:Filed March 11, 1980, effective July 1, 1980.Amended: Filed Feb. 1, 1990, effective April26, 1990. Amended: Filed Feb. 15, 2007,effective July 30, 2007. Amended: Filed Aug.3, 2009, effective Jan. 30, 2010. Amended:Filed March 13, 2012, effective Sept. 30,2012. Amended: Filed July 23, 2014, effectiveJan. 30, 2015. Amended: Filed April 22,2016, effective Oct. 30, 2016.


2 CSR 80-2.050 Inspection Frequency andProcedure

PURPOSE: This rule is for the purpose ofproviding requirements concerning inspectionfrequency and procedures. This rule corre-sponds with Section 5 of the Grade “A”Pasteurized Milk Ordinance (PMO), 2013Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) Each dairy farm, milk plant, receivingstation, transfer station, and milk distributorwhose milk or milk products are intended forconsumption within Missouri or its jurisdic-tion and each milk hauler who collects sam-ples of raw milk for pasteurization, for bacte-rial, chemical, or temperature standards andhauls milk from a dairy farm to a milk plant,transfer station, or receiving station and bulkmilk pick-up tanker and its appurtenances shallbe inspected by the regulatory agency prior tothe issuance of a permit. Following theissuance of a permit, each bulk milk pick-up




Secretary of State

tanker shall be inspected at least once everytwenty-four (24) months plus the remainingdays of the month in which inspection is due,milk hauler shall be inspected at least onceevery twenty-four (24) months, dairy farm,milk distributor, and transfer station shall beinspected at least once every six (6) months.Each milk plant and receiving station shall beinspected at least once every three (3) months.Should the violation of any requirement setforth in 2 CSR 80-2.070 (section 7 of thePMO), or in the case of a milk hauler, 2 CSR80-2.060 (section 6 of the PMO), be found toexist on an inspection, a second inspection willbe required after the time deemed necessary toremedy the violation, but not before three (3)days. This second inspection shall be used todetermine compliance with the requirements of2 CSR 80-2.070 (section 7 of the PMO), or inthe case of a milk hauler, 2 CSR 80-2.060(section 6 of the PMO). Any violation of thesame requirement of 2 CSR 80-2.070 (section7 of the PMO), or in the case of a milk hauler,2 CSR 80-2.060 (section 6 of the PMO), onthe second inspection, shall call for permit sus-pension in accordance with 2 CSR 80-2.030(section 3 of the PMO), court action, or both.Additionally, flagrant violations on the part ofa hauler such as fraudulent practices, inten-tional adulteration, or any action adverselyaffecting the integrity of producer milk sam-ples shall result in immediate permit suspen-sion in accordance with 2 CSR 80-2.030 (sec-tion 3 of the PMO), court action, or both.

(2) One (1) copy of the inspection report shallbe handed to the operator, or other responsi-ble person, or be posted in a conspicuousplace on an inside wall of the establishment.The inspection report shall not be defacedand shall be made available to the regulatoryagency upon request. An identical copy of theinspection report shall be filed with therecords of the regulatory agency.

(3) Every milk producer, hauler, distributor,or plant operator, upon request of the regula-tory agency, shall permit access of officiallydesignated persons to all parts of the estab-lishment or facilities to determine compliancewith the provisions of these rules. Uponrequest, a distributor or plant operator shallfurnish the regulatory agency, for official useonly, a true statement of the actual quantitiesof milk and milk products of each grade pur-chased and sold, and a list of all sources ofthe milk and milk products, records ofinspections, tests, and pasteurization time andtemperature records.

(4) It shall be unlawful for any person who,in an official capacity, obtains any informa-tion, which is entitled to protection as a tradesecret (including information as to quantity,

quality, source, or disposition of milk or milkproducts, or results of inspections or tests ofmilk or milk products), under the provisionsof these rules, to use this information tohis/her own advantage or to reveal it to anyunauthorized person. The Grade “A”Pasteurized Milk Ordinance (PMO), 2013Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed April 20, 1973, effectiveApril 30, 1973. Rescinded and readopted:Filed March 11, 1980, effective July 1, 1980.Amended: Filed Feb. 1, 1990, effective April26, 1990. Amended: Filed Feb. 15, 2007,effective July 30, 2007. Amended: Filed Aug.3, 2009, effective Jan. 30, 2010. Amended:Filed March 13, 2012, effective Sept. 30,2012. Amended: Filed July 23, 2013, effectiveFeb. 28, 2014. Amended: Filed July 23, 2014,effective Jan. 30, 2015. Amended: Filed Feb.9, 2016, effective July 30, 2016.


2 CSR 80-2.060 The Examination of Milkand Milk Products

PURPOSE: This rule specifies sampling fre-quency and required chemical and bacterio-logical tests to be conducted both on raw andpasteurized Grade “A” dairy products. Thisrule corresponds with Section 6 of the Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) During any consecutive six (6) months, atleast four (4) samples of raw milk for pasteur-ization, taken from each producer and deliv-ered in accordance with 2 CSR 80-2.070

(Section 7 of the PMO) of these rules, shallbe obtained by the hauler under the directionof the regulatory agency or shall be takenfrom each producer by the regulatory agency.During any consecutive six (6) months, atleast four (4) samples of raw milk for pasteur-ization shall be taken, under the direction ofthe regulatory agency, from each milk plantafter receipt of the milk by the plant and priorto pasteurization. In addition, during anyconsecutive six (6) months, at least four (4)samples of pasteurized milk and at least four(4) samples of each milk product defined inthese rules shall be taken from every milkplant. Samples of milk and milk productsshall be taken while in possession of the pro-ducer or distributor at any time prior to finaldelivery. Samples of milk and milk productsfrom dairy retail stores, food service estab-lishments, grocery stores, and other placeswhere milk and milk products are sold shallbe examined periodically as determined bythe regulatory agency; and the results of theexamination shall be used to determine com-pliance with 2 CSR 80-2.020, 2 CSR 80-2.040, and 2 CSR 80-2.100. Proprietors ofthe establishments, upon request, shall fur-nish the regulatory agency with the names ofall distributors from whom milk or milkproducts are obtained.

(2) Required bacterial counts, somatic cellcounts, and cooling temperature checks shallbe performed on raw milk for pasteurization.In addition, antibiotic tests on each produc-er’s milk or on commingled raw milk shall beconducted at least four (4) times during anyconsecutive six (6) months. When commin-gled milk is tested, all producers shall be rep-resented in the sample. All individual sourcesof milk shall be tested when test results onthe commingled milk are positive. Requiredbacterial counts, antibiotic tests, coliformdeterminations, phosphatase, and coolingtemperature checks shall be performed onpasteurized milk and milk products.

(3) Whenever two (2) of the last four (4) con-secutive bacterial counts, somatic cell counts,coliform determinations, or cooling tempera-tures, taken on separate days, exceed the limitof the standard for the milk, milk products,or both, the regulatory agency shall send awritten notice to the person concerned. Thisnotice shall be in effect so long as two (2) ofthe last four (4) consecutive samples exceedthe limit of the standard. An additional sam-ple shall be taken within twenty-one (21) daysof the sending of the notice, but not beforethe lapse of three (3) days. Immediate suspen-sion of the permit in accordance with 2 CSR80-2.030, court action, or both, shall beinstituted whenever the standard is violatedby three (3) of the last five (5) bacterial






Secretary of State

counts, coliform determinations, coolingtemperatures, or somatic cell counts.

(4) Whenever a phosphatase test is positive,the cause shall be determined. When thecause is improper pasteurization, it shall becorrected and any milk or milk productinvolved shall not be offered for sale.

(5) Whenever antibiotic or pesticide residuetest is positive, immediate permit suspensionin accordance with 2 CSR 80-2.030 (Section3 of the PMO), court action, or both shall beinstituted.

(6) Samples shall be analyzed at an official orappropriate officially-designated laboratory.All sampling procedures and required labora-tory examinations shall be in substantial com-pliance with the current edition of StandardMethods for the Examination of DairyProducts of the American Public HealthAssociation, and the current edition of OfficialMethods of Analysis of the Association ofOfficial Analytical Chemists. These proce-dures, including the certification of samplecollectors and examinations, shall be evaluatedin accordance with 2015 Evaluation of MilkLaboratories, Recommendations of the UnitedStates Department of Human and HealthServices, Public Health Service, Food andDrug Administration. Examinations and teststo detect adulterants, including pesticides,shall be conducted as the regulatory agencyrequires. Assays of milk and milk products towhich vitamin(s) A, D, or both have beenadded, shall be made at least annually in a lab-oratory acceptable to the regulatory agency.The Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision is hereby incorporatedby reference as published by the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration, Division of Plant and DairyFood (HFS-316), 5100 Paint Branch Parkway,College Park, MD 20740-3835. This rule doesnot incorporate any subsequent amendmentsor additions to the Pasteurized Milk Ordinance(PMO).



2 CSR 80-2.070 Standards for Milk andMilk Products

PURPOSE: This rule provides standardswhich Grade “A” raw or pasteurized milk ormilk products must meet with regard to coolingtemperatures, bacterial limits, somatic cellcounts, antibiotics, coliform limits, phos-phatase determinations, and sanitationrequirements for dairy farms, milk haulers,transfer stations, receiving stations, and milkplants. This rule corresponds with Section 7 ofthe Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration.


(1) All Grade “A” raw milk for pasteurizationand all Grade “A” pasteurized milk and milkproducts shall be produced, processed, andpasteurized to conform with the followingchemical, bacteriological, and temperaturestandards and the sanitation requirements ofthis rule. The Grade “A” Pasteurized MilkOrdinance (PMO), 2015 Revision is herebyincorporated by reference as published by theUnited States Department of Health andHuman Services, Public Health Service,Food and Drug Administration, Division ofPlant and Dairy Food (HFS-316), 5100 PaintBranch Parkway, College Park, MD 20740-3835. This rule does not incorporate any sub-sequent amendments or additions to thePasteurized Milk Ordinance (PMO).

(2) No process or manipulation other thanpasteurization, processing methods integralto pasteurization, and appropriate refrigera-tion shall be applied to milk and milk prod-ucts for the purpose of removing or deactivat-ing microorganisms. Provided that in the bulkshipment of raw cream, skim milk, or lowfatmilk, the heating of the raw milk to tempera-tures no greater than one hundred twenty-fivedegrees Fahrenheit (125 °F) (fifty-two

degrees Celsius (52 °C)) for separation pur-poses is permitted when the resulting bulkshipments of cream, skim milk, and lowfatmilk are labeled heat-treated.



Table 1—Chemical, Bacteriological, and Temperature Standards

Grade “A” raw milk for pasteurization Temperature Cooled to 45 °F (7 °C) or less within two (2) hours after milking, provided that the blend temperature first and subsequent milkings does not exceed 50 °F (10 °C).

Bacterial limits Individual producer milk not to exceed 100,000 per milliliter (mL) prior to commingling with other producer milk.

Not to exceed 300,000 per mL as commingled milk prior to pasteurization.

Antibiotics Tests and methodology as required by the 2015 Grade “A” Pasteurized Milk Ordinance.

Commingled milk: Tests and methodology as required by the 2015 Grade “A” Pasteurized Milk Ordinance.

Somatic cell count Individual producer milk: Not to exceed 750,000 per mL.

Grade “A” pasteurized milk and Temperature Cooled to 45 °F (7 °C) or less and maintained milk products thereat.

Bacterial limits* 20,000 per mL.

Coliform Not to exceed 10 per mL: Provided that, in case of bulk milk transport tank shipments, shall not exceed 100 per mL.

Phosphatase Less than one (1) microgram per mL by the Schrarer Rapid Method or Methods approved in the 2015 Grade “A” Pasteurized Milk Ordinance.

Antibiotics Test and methodology required by the 2015 Grade “A” Pasteurized Milk Ordinance.

*Not applicable to cultured products.

(3) Ungraded Raw Milk for Pasteurization.Ungraded raw milk for pasteurization is rawmilk which does not meet the requirementsfor Grade “A” raw milk for pasteurization.

(4) Ungraded Pasteurized Milk, Milk Pro-ducts, or both.

(A) Ungraded pasteurized milk, milk prod-ucts, or both, are pasteurized milk, milkproducts, or both, which do not meet therequirements of Grade “A” pasteurized milkproducts.

(B) Only in an emergency, so declared bythe regulatory agency, can raw or pasteurizedfluid milk products which have not beengraded or the grade of which is unknown, besold, in which case these fluid milk or milkproducts shall be labeled Ungraded and thesemilk and milk products shall comply withantibiotic, phosphatase, and pesticide residuetolerances.

(5) Grade “A” Pasteurized Milk RegulationItems.

(A) Sanitation Requirements for Grade “A”Raw Milk for Pasteurization.

1. Abnormal milk—based upon bacte-riological, chemical, or physical examina-tion, cows which show evidence of the secre-tion of abnormal milk in one (1) or morequarters shall be milked last or with separateequipment and the milk shall be discarded.Cows treated with, or cows which have con-sumed chemical, medicinal, or radioactiveagents which are capable of being secreted inthe milk and which, in the judgment of theregulatory agency may be deleterious tohuman health, shall be milked last or withseparate equipment and the milk disposed ofas the regulatory agency may direct.

2. Milking barn, stable, or parlor—construction. On all dairy farms a milkingbarn, stable, or parlor shall be provided inwhich the milking herd shall be housed dur-ing milking time operations. The areas usedfor milking purposes shall—

A. Have floors constructed of con-crete or equally impervious material;

B. Have walls and ceilings whichare smooth, painted, or finished in anapproved manner, in good repair, ceilingdust-tight;

C. Have separate stalls or pens forhorses, calves, and bulls;

D. Be provided with natural light,artificial light, or both, well distributed forday and/or night milking, or both;

E. Provide sufficient air space andair circulation to prevent condensation andexcessive odors;

F. Not be overcrowded; and

G. Have dust-tight covered boxes orbins or separate storage facilities for ground,chopped, or concentrated feed.

3. Milking barn, stable, or parlor—cleanliness. The interior shall be kept clean.Floors, walls, ceilings, windows, pipelines,and equipment shall be free of filth, litter, orboth, and shall be clean. Swine and fowl shallbe kept out of the milking barn.

4. Cowyard. The cowyard shall be grad-ed and drained and shall have no standingpools of water or accumulations of organicwastes. Provided that in loafing or cattlehous-ing areas, cow droppings and soiled beddingshall be removed or clean bedding added, atsufficiently frequent intervals to prevent thesoiling of the cow’s udder and flanks. Wastefeed shall not be allowed to accumulate.Manure packs shall be properly drained andshall provide a reasonably firm footing.Swine shall be kept out of the cowyard.

5. Milkhouse or room—constructionand facilities. Milkhouse or room construc-tion and facilities shall comply with the fol-lowing:

A. A milkhouse or room of sufficientsize shall be provided, in which the cooling,handling, and storing of milk and the wash-ing, sanitizing, and storing of milk containersand utensils shall be conducted, except asprovided for in paragraph (5)(A)12. of thisrule;

B. The milkhouse shall be providedwith a smooth floor constructed of concreteor equally impervious material graded todrain and maintained in good repair. Liquidwaste shall be disposed of in a sanitary man-ner; all floor drains shall be accessible andshall be trapped if connected to a sanitarysewer system;

C. The walls and ceilings shall beconstructed of smooth material, in goodrepair, well painted, or finished in an equallysuitable manner;

D. The milkhouse shall have ade-quate natural light, artificial light, or both,and be well ventilated;

E. The milkhouse shall be used forno other purpose than milkhouse operations;there shall be no direct opening into anybarn, stable, or into a room used for domesticpurposes. Provided that a direct openingbetween the milkhouse and milking barn, sta-ble, or parlor is permitted when a tight-fittingself-closing solid door(s) hinged to be singleor double acting is provided;

F. Water under pressure shall bepiped into the milkhouse;

G. The milkhouse shall beequipped with a two- (2-) compartment washvat and adequate hot water heating facilities;

H. When a transportation tank isused for the cooling of milk, storage of milk,or both, on the dairy farm, the tank shall beprovided with a suitable shelter for the receiptof milk. The shelter shall be adjacent to, butnot a part of, the milkroom and shall complywith the requirements of the milkroom withrespect to construction, light, drainage, insectand rodent control, and general maintenance;and

I. Effective July 1, 1985, all bulkmilk cooling tanks, holding tanks, or both, inuse shall be equipped with interval timingdevices.

(I) Construction requirements.Interval timers shall be set and adjusted sothat the milk will be agitated not less thanfive (5) minutes with a frequency of at leastonce every hour.

(II) Installation requirements. Theinstallation and operation of interval timingdevices shall be the responsibility of the milkproducer.

6. Milkhouse or room—cleanliness. Thefloors, walls, ceilings, windows, tables,shelves, cabinets, wash vats, nonproduct con-tact surfaces of milk containers, utensils, andequipment, and other milkroom equipmentshall be clean. Only articles directly relatedto milkroom activities shall be permitted inthe milkroom. The milkroom shall be free oftrash, animals, and fowl.

7. Toilet. Every dairy farm shall beprovided with one (1) or more toilets, conve-niently located and properly constructed,operated, and maintained in a sanitary man-ner. The waste shall be inaccessible to fliesand shall not pollute the soil surface or con-taminate any water supply.

8. Water supply. Water for milkhouseand milking operations shall be from a supplyproperly located, protected, and operated andshall be easily accessible, adequate, and of asafe, sanitary quality.

9. Utensils and equipment—construc-tion. All multi-use containers, equipment,and utensils used in the handling, storage, ortransportation of milk shall be made ofsmooth, nonabsorbent, corrosion-resistant,nontoxic materials and shall be so construct-ed as to be easily cleaned. All containers,utensils, and equipment shall be in goodrepair. All milk pails used for hand milkingand stripping shall be seamless and of thehooded type. Multi-use woven material shallnot be used for straining milk. All single-ser-vice articles shall have been manufactured,packaged, transported, stored, and handled ina sanitary manner and shall comply with theapplicable requirements of paragraph(7)(B)11. of this rule. Articles intended forsingle-service shall not be reused.




Secretary of State

A. Farm holding/cooling tanks,welded sanitary piping, and transportationtank shall comply with the applicable require-ments of paragraphs (7)(B)10. and 11. of thisrule.

10. Utensils and equipment—cleaning.The product-contact surfaces of all multi-usecontainers, equipment, and utensils used inthe handling, storage, or transportation ofmilk shall be cleaned after each usage.

11. Utensils and equipment—sanitiza-tion. The product-contact surfaces of allmulti-use containers, equipment, and utensilsused in the handling, storage, and transporta-tion of milk shall be sanitized before eachusage.

12. Utensils and equipment—storage.All containers, utensils, and equipment usedin the handling, storage, or transportation ofmilk, unless stored in sanitizing solutions,shall be stored to assure complete drainageand shall be protected from contaminationprior to use. Provided that milk pipelines andpipeline milking equipment, such as milkerclaws, inflations, weigh jars, meters, milkhoses, milk receivers, and milk pumps whichare designed for mechanical cleaning, may bestored in the milking barn or parlor providedthis equipment is designed, installed, andoperated to protect the product- and solution-contact surfaces from contamination at alltimes.

13. Utensils and equipment—handling.After sanitization, all containers, utensils,and equipment shall be handled in a manneras to prevent contamination of any product-contact surface.

14. Milking—flanks, udders, and teats.Milking shall be done in the milking barn,stable, or parlor. The flanks, udders, bellies,and tails of all milking cows shall be freefrom visible dirt. All brushing shall be com-pleted prior to milking. The udders and teatsof all milking cows shall be cleaned and treat-ed with a sanitizing solution just prior to thetime of milking and shall be relatively drybefore milking. Wet hand milking is prohibit-ed.

15. Milking—surcingles, milk stools,and antikickers. Surcingles, milk stools, andantikickers shall be kept clean and storedabove the floor.

16. Protection from contamination.Milking and milkhouse operations, equip-ment, and facilities shall be located and con-ducted to prevent any contamination of milk,equipment, containers, and utensils. No milkshall be strained, poured, transferred, orstored unless it is properly protected fromcontamination.

17. Personnel—handwashing facilities.Adequate handwashing facilities shall be pro-

vided, including a lavatory fixture with run-ning water, soap or detergent, and individualsanitary towels, in the milkhouse and in orconvenient to the milking barn, stable, parlor,or flush toilet.

18. Personnel—cleanliness. Hands shallbe washed clean and dried with an individualsanitary towel immediately before milking,performing any milkhouse function, andimmediately after the interruption of any ofthese activities. Milkers and milk haulersshall wear clean outer garments while milk-ing or handling milk, milk containers, uten-sils, or equipment.

19. Cooling. Raw milk for pasteuriza-tion shall be cooled to forty-five degreesFahrenheit (45 °F) (7 °C) or less within two(2) hours after milking, provided that theblend temperature after the first milking andsubsequent milkings does not exceed fiftydegrees Fahrenheit (50 °F) (10 °C).

20. Vehicles. Vehicles used to transportmilk from the dairy farm to the milk plant orreceiving station shall be constructed andoperated to protect their contents from sun,freezing, and contamination. These vehiclesshall be kept clean, inside and out; and nosubstance capable of contaminating milk shallbe transported with milk.

21. Insect and rodent control. Effectivemeasures shall be taken to prevent the con-tamination of milk, containers, equipment,and utensils by insects and rodents and bychemicals used to control vermin. Milkroomsshall be free of insects and rodents.Surroundings shall be kept neat, clean, andfree of conditions which might harbor or beconducive to the breeding of insects androdents.

(6) To secure and hold a valid permit, license,or both, a hauler shall meet the followingrequirements governing Grade “A” milkhaulers, the collection of Grade “A” milkfrom farm bulk milk cooling tanks, storagetanks, or both, and the collection and care ofGrade “A” milk samples:

(A) General Requirements.1. All bulk tank trucks, associated and

auxiliary equipment, shall be maintained in aclean and sanitary condition and shall be ingood repair.

2. Whenever a bulk tank truck has beencleaned and sanitized, as required by the reg-ulatory agency, it shall bear a tag showing thedate, time, place, and signature of theemployee or contract operator doing thework, unless the truck delivers to only one(1) receiving unit where responsibility forcleaning and sanitizing can be definitelyestablished without tagging. The tag is to be

removed at the first stop on route and kept onfile for the regulatory agency.

3. Milk shall never be collected at a pro-ducer farm during the milking operation.Partial collections of milk from a bulk cool-ing tank, storage tank, or both, are prohibitedwithout special permission from the regulato-ry agency.

4. Milk which has not been cooled toforty-five degrees Fahrenheit (45 °F) (7 °C)within two (2) hours after milking or onwhich the blend temperature after the firstmilking and subsequent milkings has exceed-ed fifty degrees Fahrenheit (50 °F) (10 °C)shall not be collected. Except that whererecording thermometer charts are available,milk may be collected provided it complieswith standards adopted by the regulatoryagency.

5. Abnormal milk shall not be collected.6. The tank truck pump and hose shall

be handled in a sanitary manner and shall beprotected during the collection procedure.

7. An accurate complete record of eachproducer’s milk pick-up shall be kept. Thisshall include producer number and name;milk measurement, weight, or both; date andtime of collection; temperature of the milk;remarks on condition or quality; and thehauler’s signature or initials.

8. Hauling of toxic materials in bulkmilk tank trucks is prohibited. Permission tohaul nontoxic material other than Grade “A”milk, milk products, or both, must beobtained from the regulatory agency on anindividual basis;

(B) Permits and Licenses.1. All milk haulers must possess a

license from the state Department ofAgriculture and a permit from the regulatoryagency. The permit, license, or both, are sub-ject to suspension or revocation whenever anyof the laws or rules are violated on the secondconsecutive inspection. Flagrant violationson the part of the hauler, such as fraudulentpractices, intentional adulteration, or anyactions adversely affecting the integrity ofproducer milk samples, shall result in imme-diate permit suspension in accordance with 2CSR 80-2.030 (Section 3 of the PMO), courtaction, or both.

2. A temporary permit may be given inthe field by the regulatory agency to an appli-cant who satisfactorily passes a written exam-ination and who possesses a temporarylicense issued through the dairy program ofthe Missouri Department of Agriculture. Thetemporary permit may be revoked for cause atany time. Regular status of a temporary per-mit, license, or both, is acquired only afteran applicant satisfactorily passes a haulertraining course provided by a company or



organization if the training course has beenapproved by the dairy program of theMissouri Department of Agriculture and theregulatory agency.

3. An approved hauler training courseshould include the following:

A. Basic milk microbiology;B. Milk quality tests and what they

mean;C. Evaluation and detection of flavors

and odors;D. Sampling and bacteriological,

chemical, and physical analysis;E. Sampling, why and how to handle

samples;F. Cleaning and sanitizing of dairy

equipment;G. Milk and its composition;H. The how and why of tank calibra-

tion;I. State and local laws and rules gov-

erning bulk milk; andJ. Procedures for the collection of

milk from farm cooling or storage tanks, orboth;

(C) Requirements Pertaining to theOperator.

1. The operator must maintain a neatand clean appearance and must have cleanhabits.

2. The operator must be able to differ-entiate between normal and abnormal milk.

3. The operator must not use tobacco inthe milkroom.

4. The operator must carry an approvedthermometer for checking milk temperature.

5. The operator must carry a suitablecontainer bearing a bactericidal solution andappropriate brushes to give supplementalbactericidal treatment for bulk tank valve,tank truck hose opening, and other equip-ment as the need is indicated;

(D) Hauler Procedure at the Farm.1. Examine the milk for off odor and

any other abnormalities which would classthe milk as unmarketable. Wash hands thor-oughly and dry with clean single-servicetowel immediately prior to measuring, sam-pling the milk, or both.

2. Measure the milk before agitation. Ifthe agitator is running upon arrival, the mea-surement can be taken only after the surfaceof the milk has been undisturbed for at leasttwo (2) minutes. An accurate cold stick read-ing shall be used for milk measurement.

3. If the agitator is running upon arrival,run it at least five (5) minutes before sam-pling and recording temperature. If the agita-tor is not running, it must be started and runfor at least five (5) minutes before sampling.

4. Identify sample container and collectsample.

5. Sanitize the hauler’s thermometerwhen used to check accuracy of tank ther-mometer or before use when tank thermome-ter is inoperable.

6. After pumping milk into tank truck,disconnect and cap hose and replace hose intruck. Be sure porthole cover is closed. Rinsetank and porthole thoroughly with temperedwater.

7. When a route collection has started,complete it without any unnecessary delay;

(E) Procedures and Practices ConcerningSampling. A sample which will qualify forbacteriological analysis (universal sampling)shall be properly collected at each stop on theroute. The sample shall be handled properlyand subsequently delivered to the proper des-tination. While on the pick-up route, thehauler shall have an adequate supply of sam-ple containers available. These containersshall be properly stored and handled. Anapproved sampling dipper or single-servicesampling tubes shall be provided and must bemaintained and handled to avoid possiblecontamination of the sample. The followingprocedures shall be carried out when collect-ing any sample:

1. Identify the sample container with theproducer number, the date, time of day, andtemperature;

2. Bring sample container, dipper, anddipper container or single-service samplingtubes into the milkroom. Dipper containermust contain chlorine solution of one hun-dred to two hundred parts per million (100–200 ppm) or other approved bactericide at alltimes while on the route. Dipper must be keptclean;

3. Open sample container carefully andavoid contamination of the milk contact sur-faces;

4. Immerse the sample dipper at leastthree (3) times in the milk, completely emp-tying each time. This will eliminate anyremaining sanitizing solution in the dipper;

5. Collect representative sample or sam-ples from the farm tank;

6. Do not hold sample container overthe milk in the tank;

7. Rinse the sample dipper free of milkand place in its carrying container; and

8. Place sample or samples in coolingmedium immediately after collection; and

(F) Specifications Which Are Related toSampling.

1. All sample containers and single-ser-vice sampling tubes used for samples todetermine bacteria counts shall be sterile.Samples shall be cooled to and held betweenthirty-two degrees Fahrenheit (32 °F) (0 °C)and forty degrees Fahrenheit (40 °F) (4 °C)during transit to the laboratory. Multi-use

sampling dippers shall be cleaned and sani-tized.

2. Sample containers shall have space toproperly identify sample.

3. Means shall be provided to properlyprotect sample in sample case.

4. Adequate racks also shall be providedwhen plastic sample bags are used. Othermethods may be used as approved by the reg-ulatory agency.

5. Adequate insulation of sample con-tainer box or ice chest shall be provided tokeep samples from freezing during coldweather.

6. An extra sample of milk shall be col-lected and properly identified as a tempera-ture sample at the first stop on each route andplaced in the cooling medium as a tempera-ture check.

7. Samples for butterfat and bacterialcounts shall not be taken from tanks whichcontain frozen or churned milk.

(7) Sanitation Requirements for Grade “A”Pasteurized Milk and Milk Products.

(A) A receiving station shall comply withparagraphs (7)(B)1.–15., 17., 20., and 22.,except that the partitioning requirement ofparagraph (7)(B)5. shall not apply.

(B) A transfer station shall comply withparagraphs (7)(B)1., 4., 6.–12., 14., 15.,20., and 22.; and as climatic and operatingconditions require, the applicable provisionsof paragraphs (7)(B)2. and 3., provided thatin every case, overhead protection shall beprovided. Facilities for the cleaning and san-itizing of bulk milk pick-up tanker and milktransport tanks shall comply with paragraphs(7)(B)1., 4., 6.–15., 20., and 22.; and as cli-matic and operating conditions require, theapplicable provisions of paragraphs (7)(B)2.and 3., provided that in every case, overheadprotection shall be provided.

1. Floors—construction. The floors ofall rooms in which milk or milk products areprocessed, handled, or stored, or in whichmilk containers, equipment, and utensils arewashed shall be constructed of concrete orother equally impervious and easily cleanedmaterial; and shall be smooth, properlysloped, provided with trapped drains, andkept in good repair. Provided that cold-stor-age rooms used for storing milk and milkproducts need not be provided with floordrains when the floors are sloped to drain toone (1) or more exits. Provided further thatstorage rooms for storing dry ingredients,packaging materials, or both, need not beprovided with drains and the floors may beconstructed of tightly joined wood.

2. Walls and ceilings—construction.Walls and ceilings of rooms in which milk or




Secretary of State

milk products are handled, processed, orstored, or in which milk containers, utensils,and equipment are washed, shall be in goodrepair with a smooth, washable, light-coloredsurface.

3. Doors and windows. Effective meansshall be provided to prevent the access of fliesand rodents. All openings to the outside shallhave solid doors or glazed windows whichshall be closed during dusty weather.

4. Lighting and ventilation. All rooms inwhich milk or milk products are handled,processed, or stored, in which milk contain-ers, equipment, and utensils are washed, orboth, handled and washed, shall be well light-ed and well ventilated.

5. Separate rooms. There shall be sepa-rate rooms for the pasteurizing, processing,cooling, and packaging of milk and milkproducts; the cleaning of milk cans, bottles,and cases; the cleaning and sanitizing facili-ties for milk tank trucks in plants receivingmilk in those tanks; and receiving cans ofmilk and milk products in plants receivingthose cans. Rooms in which milk or milkproducts are handled, processed, or stored,or in which milk containers, utensils, andequipment are washed or stored, shall notopen directly into any stable or any room fordomestic purposes. All rooms shall be of suf-ficient size for their intended purposes.

6. Toilet—sewage disposal facilities.Every milk plant shall be provided with toiletfacilities conforming with the regulations ofthe state of Missouri. Toilet rooms shall notopen directly into any room in which milk,milk products, or both, are processed. Toiletrooms shall be completely enclosed and shallhave tight-fitting, self-closing doors.Dressing rooms, toilet rooms, and fixturesshall be kept in a clean condition, in goodrepair, and shall be well ventilated and welllighted. Sewage and other liquid wastes shallbe disposed of in a sanitary manner.

7. Water supply. Water for milk plantpurposes shall be from a supply properlylocated, protected, and operated and shall beeasily accessible, adequate, and of a safe,sanitary quality.

8. Handwashing facilities. Convenienthandwashing facilities shall be provided,including hot and cold or warm runningwater, soap, and individual sanitary towels orother approved hand drying devices.Handwashing facilities shall be kept in aclean condition and in good repair.

9. Milk plant cleanliness. All rooms inwhich milk and milk products are handled,processed, or stored, and in which contain-ers, utensils, or equipment are washed orstored, shall be kept clean, neat, and free ofevidence of insects and rodents. Only equip-

ment directly related to processing operationsor to handling of containers, utensils, andequipment shall be permitted in the pasteur-izing, processing, cooling, packaging, andbulk milk storage rooms.

10. Sanitary piping. All sanitary piping,fittings, and connections which are exposedto milk or milk products, or from which liq-uids may drip, drain, or be drawn into milkor milk products, shall consist of smooth,impervious, corrosion-resistant, nontoxic,easily cleanable material. All piping shall bein good repair. Pasteurized milk and milkproducts shall be conducted from one pieceof equipment to another only through sani-tary piping. Provided that cottage cheese,cheese dressings, or cheese ingredients maybe transported by other methods which pro-tect the product from contamination.

11. Construction and repair of contain-ers and equipment. All multi-use containersand equipment with which milk or milk prod-ucts come into contact shall be of smooth,impervious, corrosion-resistant, nontoxicmaterial, shall be constructed for ease ofcleaning, and shall be kept in good repair. Allsingle-service containers, closures, gaskets,and other articles with which milk or milkproducts come in contact shall be nontoxicand shall have been manufactured, packaged,transported, and handled in a sanitary man-ner. Articles intended for single-service useshall not be reused.

12. Cleaning and sanitizing of contain-ers and equipment. The product-contact sur-faces of all multi-use containers, utensils, andequipment used in the transportation, pro-cessing, handling, and storage of milk ormilk products shall be effectively cleaned andshall be sanitized before each use.

13. Storage of cleaned containers andequipment. After cleaning, all multi-use milkor milk product containers, utensils, andequipment shall be transported and stored toassure complete drainage and shall be pro-tected from contamination before use.

14. Storage of single-service containers,utensils, and materials. Single-service caps,cap stock, parchment paper, containers, gas-kets, and other single-service articles for usein contact with milk and milk products shallbe purchased and stored in sanitary tubes,wrappings, or cartons, shall be kept in aclean, dry place until used, and shall be han-dled in a sanitary manner.

15. Protection from contamination.Milk plant operations, equipment, and facili-ties shall be located and conducted to preventany contamination of milk or milk products,ingredients, equipment, containers, and uten-sils. All milk or milk products or ingredientswhich have spilled, overflowed, or leaked

shall be discarded. The processing or han-dling of products other than fluid milk andmilk products in the pasteurization plant shallbe performed to preclude the contaminationof milk and milk products. The storage, han-dling, and use of poisonous or toxic materialsshall be performed to preclude the contami-nation of milk and milk products, the ingredi-ents of milk and milk products, or the prod-uct-contact surfaces of all equipment, con-tainers, or utensils.

16. Pasteurization. Pasteurization shallbe performed as in 2 CSR 80-2.010(1)(T).

17. Cooling of milk. All raw milk andmilk products shall be maintained at forty-five degrees Fahrenheit (45 °F) (7 °C) or lessuntil processed. All pasteurized milk andmilk products, except those to be cultured,shall be cooled immediately prior to filling orpackaging in approved equipment to a tem-perature of forty-five degrees Fahrenheit (45°F) (7 °C) or less. All pasteurized milk andmilk products shall be stored at a temperatureof forty-five degrees Fahrenheit (45 °F) (7°C) or less. On delivery vehicles, the temper-ature of milk and milk products shall notexceed fifty degrees Fahrenheit (50 °F) (10°C). Every room or tank in which milk ormilk products are stored shall be equippedwith an accurate thermometer.

18. Bottling and packaging. Bottling andpackaging of milk and milk products shall bedone at the place of pasteurization inapproved mechanical equipment. Providedthat cottage cheese may be transported insealed containers in a protected, sanitarymanner from one (1) plant to another forcreaming, packaging, or both.

19. Capping. Capping or closing of milkand milk product containers shall be done ina sanitary manner by approved mechanicalcapping, closing equipment, or both. The capor closure shall be designed and applied in amanner that the pouring lip is protected to atleast its largest diameter and with respect tofluid product containers, removal cannot bemade without detection.

20. Personnel—cleanliness. Hands shallbe thoroughly washed before commencingplant functions and as often as may berequired to remove soil and contamination.No employee shall resume work after visitingthe toilet room without thoroughly washinghis/her hands. All persons shall wear cleanouter garments while engaged in the process-ing, pasteurization, handling, storage, ortransportation of milk, milk products, con-tainers, equipment, and utensils. All personswhile engaged in the processing of milk ormilk products shall wear adequate hair cover-ings and shall not use tobacco.



21. Vehicles. All vehicles used for trans-portation of pasteurized milk and milk prod-ucts shall be constructed and operated so thatthe milk and milk products are maintained atforty-five degrees Fahrenheit (45 °F) (7 °C)or less, and are protected from sun, freezing,and contamination.

22. Surroundings. Milk plant surround-ings shall be kept neat, clean, and free fromconditions which might attract or harborflies, other insects, and rodents or which oth-erwise constitutes a nuisance.



2 CSR 80-2.080 Animal Health

PURPOSE: This rule provides requirementsregarding animal health for Grade “A” dairyfarms. This rule corresponds with Section 8 ofthe Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration.


(1) All milk for pasteurization shall be fromherds which are located in a modified accred-ited tuberculosis area as determined by theUnited States Department of Agriculture.Provided that herds located in an area whichfails to maintain this accredited status shallhave been accredited by the department astuberculosis-free or shall have passed anannual tuberculosis test.

(2) All milk for pasteurization shall be fromherds under a brucellosis eradication pro-gram which meets one (1) of the followingconditions:

(A) Located in a certified brucellosis-freearea as defined by the United StatesDepartment of Agriculture and enrolled inthe testing program for those areas;

(B) Located in a modified certified brucel-losis area as defined by the United StatesDepartment of Agriculture and enrolled inthe testing program for those areas;

(C) Meet United States Department ofAgriculture requirements for an individuallycertified herd;

(D) Participating in a milk-ring testing pro-gram which is conducted on a continuingbasis at intervals of not less than every three(3) months or more than every six (6)months, with individual blood tests on allanimals in herds showing suspicious reactionsto the milk-ring test; or

(E) Have an individual blood agglutinationtest annually with an allowable maximumgrace period not exceeding two (2) months.

(3) For diseases other than brucellosis andtuberculosis, the regulatory agency shallrequire physical, chemical, or bacteriologicaltests as it deems necessary. The diagnosis ofother diseases in dairy cattle shall be basedupon the findings of a licensed veterinarian ora veterinarian in the employ of an officialagency. Any diseased animal disclosed bythese test(s) shall be disposed of as the regu-latory agency directs. The Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).



2 CSR 80-2.090 Transferring, DeliveryContainers—Cooling(Rescinded June 30, 1980)

AUTHORITY: section 196.939, RSMo 1978.Original rule filed April 20, 1973, effectiveApril 30, 1973. Rescinded: Filed March 10,1980, effective June 30, 1980.

2 CSR 80-2.091 Milk and Milk ProductsWhich May Be Sold

PURPOSE: This rule specifies milk and milkproducts which may be sold. This rule corre-sponds with Section 9 of the Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) From and after the date on which this ruleis adopted, except as provided by law (section196.935, RSMo), only Grade “A” pasteur-ized milk and milk products shall be sold tothe final consumer, or to restaurants, sodafountains, grocery stores, or similar estab-lishments. Provided that in an emergency, thesale of pasteurized milk and milk productswhich have not been graded or the grade ofwhich is unknown, may be authorized by theregulatory agency; in which case, the milkand milk products shall be labeled ungraded.The Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision is hereby incorporatedby reference as published by the UnitedStates Department of Health and HumanServices, Public Health Service, Food andDrug Administration, Division of Plant andDairy Food (HFS-316), 5100 Paint BranchParkway, College Park, MD 20740-3835.This rule does not incorporate any subse-quent amendments or additions to thePasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed March 11, 1980, effectiveJuly 1, 1980. Amended: Filed Feb. 1, 1990,effective April 26, 1990. Amended: Filed Feb.15, 2007, effective July 30, 2007. Amended:




Secretary of State

Filed Aug. 3, 2009, effective Jan. 30, 2010.Amended: Filed March 13, 2012, effectiveSept. 30, 2012. Amended: Filed July 23,2014, effective Jan. 30, 2015. Amended:Filed April 22, 2016, effective Oct. 30, 2016.


2 CSR 80-2.100 Future Dairy Farms andMilk Plants(Rescinded June 30, 1980)


2 CSR 80-2.101 Transferring; DeliveryContainers; Cooling

PURPOSE: This rule provides standards relat-ing to transferring; delivery containers; andcooling of milk, milk products, or both. Thisrule corresponds with Section 10 of the Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) Except as permitted in this rule, no milkproducer, milk hauler, or distributor shalltransfer milk or milk products from one con-tainer or milk tank truck to another on thestreet, in any vehicle, store, or in any placeexcept a milk plant, receiving station, trans-fer station, or milkhouse especially used forthat purpose. The dipping or ladling of milkor fluid milk products is prohibited.

(2) It shall be unlawful to sell or serve anymilk or fluid milk product except in the indi-vidual, original container received from thedistributor or from an approved bulk dis-penser. Provided that this requirement shallnot apply to milk for mixed drinks requiringless than one-half (1/2) pint of milk, or tocream, whipped cream, or half-and-halfwhich is consumed on the premises and

which may be served from the original con-tainer of not more than one-half (1/2) galloncapacity, or from a bulk dispenser approvedfor that service by the regulatory agency.

(3) It shall be unlawful to sell or serve anypasteurized milk or milk products which havenot been maintained at the temperature setforth in 2 CSR 80-2.070. If containers of pas-teurized milk or milk products are stored inice, the storage container shall be properlydrained. The Grade “A” Pasteurized MilkOrdinance (PMO), 2015 Revision is herebyincorporated by reference as published by theUnited States Department of Health andHuman Services, Public Health Service,Food and Drug Administration, Division ofPlant and Dairy Food (HFS-316), 5100 PaintBranch Parkway, College Park, MD 20740-3835. This rule does not incorporate any sub-sequent amendments or additions to thePasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed March 11, 1980, effectiveJuly 1, 1980. Amended: Filed Feb. 1, 1990,effective April 26, 1990. Amended: Filed Feb.15, 2007, effective July 30, 2007. Amended:Filed Aug. 3, 2009, effective Jan. 30, 2010.Amended: Filed March 13, 2012, effectiveSept. 30, 2012. Amended: Filed July 23,2014, effective Jan. 30, 2015. Amended:Filed April 22, 2016, effective Oct. 30, 2016.


2 CSR 80-2.110 Milk and Milk Productsfrom Points Beyond the Limits of RoutineInspection

PURPOSE: This rule provides for require-ments for milk and milk products from pointsbeyond the limits of routine inspection. Thisrule corresponds with Section 11 of the Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) Milk and milk products from pointsbeyond the limits of routine inspection of theState Milk Board of Missouri or its jurisdic-tion may be sold in Missouri or its jurisdictionprovided they are produced, pasteurized, orboth, under rules which are substantiallyequivalent to the Grade “A” Pasteurized MilkOrdinance (PMO), 2015 Revision of theUnited States Department of Health andHuman Services, Public Health Service, Foodand Drug Administration and have beenawarded an acceptable milk sanitation compli-ance and enforcement rating made by a statemilk sanitation rating officer certified by theFood and Drug Administration. The Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).



2 CSR 80-2.120 Procedure When InfectionIs Suspected(Rescinded June 30, 1980)


2 CSR 80-2.121 Future Dairy Farms andMilk Plants

PURPOSE: This rule provides requirementsfor construction or reconstruction of futuredairy farms and milk plants. This rule corre-sponds with Section 12 of the Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.




(1) Properly prepared plans shall be submit-ted to the regulatory agency for writtenapproval before work is begun on all milk-houses, milking barns, stables and parlors,transfer stations, receiving stations, and milkplants regulated under these rules which areconstructed, reconstructed, or extensivelyaltered after July 1, 1980. The Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).


*Original authority: 196.939, RSMo 197, amended 1993,1994, 1995.

2 CSR 80-2.130 Personnel Health

PURPOSE: This rule establishes require-ments relating to personnel health. This rulecorresponds with Section 13 of the Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorporat-ed by reference as a portion of this rule wouldbe unduly cumbersome or expensive. Thismaterial as incorporated by reference in this

rule shall be maintained by the agency at itsheadquarters and shall be made available tothe public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference materi-al. The entire text of the rule is printed here.

(1) No person affected with any disease in acommunicable form, or while a carrier ofthat disease, shall work at any dairy farm ormilk plant in any capacity which bringshim/her into contact with the production,handling, storage, or transportation of milk,milk products, containers, equipment, andutensils; and no dairy farm or milk plantoperator shall employ in any capacity anyperson having or any person suspected of hav-ing any disease in a communicable form or ofbeing a carrier of disease. Any producer ordistributor of milk or milk products, uponwhose dairy farm or in whose milk plant anycommunicable disease occurs, or who sus-pects that any employee has contracted anydisease in a communicable form, or hasbecome a carrier of the disease, shall notifythe regulatory agency immediately. The Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).



2 CSR 80-2.140 Enforcement(Rescinded June 30, 1980)


2 CSR 80-2.141 Procedure When Infectionis Suspected

PURPOSE: This rule provides the procedureto follow when infection is suspected. This rulecorresponds with Section 14 of the Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration.


(1) When reasonable cause exists to suspectthe possibility of transmission of infectionfrom any person concerned with the handlingof milk, milk products, or both, the regulato-ry agency is authorized to require any of thefollowing measures:

(A) The immediate exclusion of that per-son from milk handling;

(B) The immediate exclusion of the milksupply concerned from distribution and use;and

(C) Adequate medical and bacteriologicalexamination of the person, his/her associates,and of his/her and their body discharges. TheGrade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision is hereby incorporatedby reference as published by the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration, Division of Plant and DairyFood (HFS-316), 5100 Paint Branch Parkway,College Park, MD 20740-3835. This rule doesnot incorporate any subsequent amendmentsor additions to the Pasteurized Milk Ordinance(PMO).






Secretary of State

2 CSR 80-2.150 Unconstitutionality Clause(Rescinded June 30, 1980)


2 CSR 80-2.151 Enforcement

PURPOSE: This rule provides for regulatoryenforcement methods. This rule correspondswith Section 15 of the Grade “A” PasteurizedMilk Ordinance (PMO), 2015 Revision of theUnited States Department of Health andHuman Services, Public Health Service, Foodand Drug Administration.


(1) These rules shall be enforced by the regu-latory agency in accordance with the Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Public HealthService, Food and Drug Administration, acopy of which shall be on file at the State MilkBoard office. Where the mandatory compli-ance with provisions of the appendices is spec-ified, provisions shall be deemed a require-ment of these rules. The Grade “A” PasteurizedMilk Ordinance (PMO), 2015 Revision is here-by incorporated by reference as published bythe United States Department of Health andHuman Services, Public Health Service, Foodand Drug Administration, Division of Plantand Dairy Food (HFS-316), 5100 Paint BranchParkway, College Park, MD 20740-3835. Thisrule does not incorporate any subsequentamendments or additions to the PasteurizedMilk Ordinance (PMO).



2 CSR 80-2.160 Adoption of Grade APasteurized Milk Ordinances, 1965 Rec-ommendations of the United States PublicHealth Service by Reference(Rescinded June 30, 1980)

AUTHORITY: section 196.939, RSMo 1978.Original ruled filed April 20, 1973, effectiveApril 30, 1973. Rescinded: March 10, 1980,effective June 30, 1980.

2 CSR 80-2.161 Penalty

PURPOSE: This rule provides for the penaltyfor violation of any of the provisions of theserules. This rule corresponds with Section 16 ofthe Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration.


(1) Any person(s) who shall violate any of theprovisions of these rules shall be guilty of amisdemeanor and, upon conviction, shall bepunished by a fine of not more than thatestablished by the statutes of Missouri, or theperson(s) may be enjoined from continuingthe violations, or both. Each day upon whichthe violations occur shall constitute a sepa-rate violation. The Grade “A” PasteurizedMilk Ordinance (PMO), 2015 Revision ishereby incorporated by reference as pub-lished by the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed March 11, 1980, effectiveJuly 1, 1980. Amended: Filed Feb. 1, 1990,effective April 26, 1990. Amended: Filed Feb.

15, 2007, effective July 30, 2007. Amended:Filed Aug. 3, 2009, effective Jan. 30, 2010.Amended: Filed March 13, 2012, effectiveSept. 30, 2012. Amended: Filed July 23,2014, effective Jan. 30, 2015. Amended:Filed April 22, 2016, effective Oct. 30, 2016.


2 CSR 80-2.170 Separability Clause

PURPOSE: This rule provides a separabilityclause. This rule corresponds with Section 18of the Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration.


(1) Should any section, paragraph, sentence,clause, or phrase of these rules be declaredunconstitutional or invalid for any reason, theremainder of these rules shall not be affected.The Grade “A” Pasteurized Milk Ordinance(PMO), 2015 Revision is hereby incorporatedby reference as published by the UnitedStates Department of Health and HumanServices, Public Health Service, Food andDrug Administration, Division of Plant andDairy Food (HFS-316), 5100 Paint BranchParkway, College Park, MD 20740-3835.This rule does not incorporate any subse-quent amendments or additions to thePasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed March 11, 1980, effectiveJuly 1, 1980. Amended: Filed Feb. 1, 1990,effective April 26, 1990. Amended: Feb. 15,2007, effective July 30, 2007. Amended: FiledAug. 3, 2009, effective Jan. 30, 2010.Amended: Filed March 13, 2012, effectiveSept. 30, 2012. Amended: Filed July 23,2014, effective Jan. 30, 2015. Amended:Filed April 22, 2016, effective Oct. 30, 2016.




2 CSR 80-2.180 Adoption of the Grade “A”Pasteurized Milk Ordinance (PMO), 2015Revision of the United States Department ofHealth and Human Services, Public HealthService, Food and Drug Administration

PURPOSE: This rule provides for the adop-tion of the Grade “A” Pasteurized MilkOrdinance (PMO), 2015 Revision of theUnited States Department of Health andHuman Services, Public Health Service, Foodand Drug Administration which is the recom-mended ordinance for adoption by state andlocal governments for the sanitary control ofGrade “A” milk and milk products.


(1) The Grade “A” Pasteurized MilkOrdinance (PMO), 2015 Revision of theUnited States Department of Health andHuman Services, Public Health Service, Foodand Drug Administration establishes minimumstandards which must be complied with forsatisfactorily producing and for processingGrade “A” raw milk for pasteurization andGrade “A” pasteurized milk and milk productsin Missouri. The document further containsadministrative procedures which provideinformation as to satisfactory compliance withthe required items of sanitation. The Grade“A” Pasteurized Milk Ordinance (PMO), 2015Revision is hereby incorporated by referenceas published by the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration,Division of Plant and Dairy Food (HFS-316),5100 Paint Branch Parkway, College Park,MD 20740-3835. This rule does not incorpo-rate any subsequent amendments or additionsto the Pasteurized Milk Ordinance (PMO).

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed March 11, 1980, effectiveJuly 1, 1980. Amended: Filed Feb. 1, 1990,effective April 26, 1990. Emergency amend-ment filed Oct. 25, 1999, effective Nov. 4,1999, expired May 1, 2000. Amended: FiledNov. 1, 1999, effective April 30, 2000.Amended: Filed March 13, 2012, effectiveSept. 30, 2012. Amended: Filed July 23,

2014, effective Jan. 30, 2015. Amended:Filed April 22, 2016, effective Oct. 30, 2016.


2 CSR 80-2.181 Adoption of the ProceduresGoverning the Cooperative State-PublicHealth Service/Food and Drug Administr-ation Program of the National Conference onInterstate Milk Shipments, 2015 Revision ofthe United States Department of Health andHuman Services, Public Health Service,Food and Drug Administration, and theNational Conference on Interstate MilkShipments

PURPOSE: This rule provides for the adoptionof the Procedures Governing the CooperativeState-Public Health Service/Food and DrugAdministration Program of the NationalConference on Interstate Milk Shipments,2015 Revision of the United States Departmentof Health and Human Services, Public HealthService, Food and Drug Administration and theNational Conference on Interstate MilkShipments which is the recommended proce-dures for adoption by state and local govern-ments for sound and uniform milk sanitationprograms.


(1) The Procedures Governing the CooperativeState-Public Health Service, Food and DrugAdministration Program of the NationalConference on Interstate Milk Shipments,2015 Revision of the United StatesDepartment of Health and Human Services,Public Health Service, Food and DrugAdministration and the National Conferenceon Interstate Milk Shipments are the proce-dures for establishing milk sanitation stan-dards, rating procedures, sampling proce-dures, laboratory procedures, laboratoryevaluation, and sample collector procedures.The document further contains theConstitution of the National Conference onInterstate Milk Shipments (NCIMS), theBylaws of the NCIMS, the Memorandum ofUnderstanding (MOU) between the UnitedStates Food and Drug Administration and

NCIMS, and related documents. ThisProcedures is the governing document of theNCIMS and contains the information neces-sary to maintain a national program that isboth uniform and acceptable to the states,United States Department of Health andHuman Services, Public Health Service,Food and Drug Administration, and the dairyindustry. The Procedures Governing theCooperative State-Public Health Service,Food and Drug Administration Program ofthe National Conference on Interstate MilkShipments, 2015 Revision is hereby incorpo-rated by reference as published by the UnitedStates Department of Health and HumanServices, Public Health Service, Food andDrug Administration, Division of Plant andDairy Food (HFS-316), 5100 Paint BranchParkway, College Park, MD 20740-3835.

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed July 23, 2014, effectiveJan. 30, 2015. Amended: Filed April 22,2016, effective Oct. 30, 2016.


2 CSR 80-2.190 State Milk Board Grade“A” Milk Policies

PURPOSE: This rule provides for the adop-tion into regulation of certain policies of theState Milk Board. None of the following reg-ulations should be interpreted to conflict withexisting regulations set forth at 2 CSR 80-2 etseq.

(1) Added Water as Milk Adulterant. (A) Samples for added water shall be col-

lected and analyzed at least once each six (6)months. Compliance is based on a freezepoint of −0.525 degrees centigrade. Afterfive (5) days from the date of notice of thefirst unsatisfactory sample, a second sampleshould be collected and analyzed for addedwater. If the producer’s second sample vio-lates the freeze point test, the State MilkBoard will automatically suspend the produc-er’s permit. The producer’s permit shallremain suspended until the producer’s milkpasses the freeze point test. A repeat viola-tion of the freeze point test within a six (6)-month period following a permit suspensionfor added water will result in immediate sus-pension of the producer’s permit. Repeatedoffenses during the same six (6)-month peri-od may result in permit revocation after ahearing before the State Milk Board. No on-farm inspection for permit reinstatement isrequired after an added-water violation.

(2) Authentic Freeze Point Procedure.




Secretary of State

(A) In order to obtain uniformity in estab-lishing an authentic freezing point, the fol-lowing procedure should be implemented:

1. The producer must request the assis-tance for the establishment of an authenticfreeze point to the State Milk Board in writ-ing;

2. The State Milk Board will notify theservicing sanitarian and fieldman of therequest. In the absence of a fieldman, two (2)sanitarians from the State Milk Board or itsagent should implement the procedure;

3. On the date of the test, the producermust make sure to—

A. Thoroughly wash, rinse, and sani-tize all milk contact surfaces after the morn-ing milking and milk pickup;

B. Maintain all milk contact surfacesin a manner to allow complete drainage,including the pump and all low points in themilking equipment to eliminate any entrappedwater;

C. Not allow milk contact surfaces tobe sanitized or allow any water to come incontact with any milk contact surfaces afterthe State Milk Board or its agents havearrived for testing;

D. Not dip inflations between cows orperform any procedure that could allow anywater to enter the milk supply; and

E. Prepare for and perform eveningmilking as normal;

4. At the conclusion of the milking pro-cedure, the producer should not flush thepipeline with water while the pipeline isattached to the bulk tank. This is a prohibitedprocedure at any time. As soon as the milkhas entered the bulk tank and has remainedquiescent for at least five (5) minutes, theState Milk Board or its agent should measurethe milk, take a sample of the milk, and placeit on ice immediately;

5. The producer must follow the proce-dures outlined in paragraph (2)(A)3. above inorder to allow all cleaned and sanitized sur-faces to drain overnight;

6. Thirty (30) minutes prior to normalmilking time the next morning, the State MilkBoard or its agents should measure the milkin the bulk milk tank after a quiescent periodof at least five (5) minutes. Next, the StateMilk Board or its agents should agitate themilk thoroughly and collect a second sample;

7. The producer should follow the sameprocedure utilized in the previous milking toensure that no water is allowed to come incontact with, or obtain entrance into, themilk supply;

8. At the end of the second milking, theState Milk Board or its agent must thoroughlyagitate the milk and collect a sample;

9. The State Milk Board or its agent

should transport the three (3) milk samples onice directly to an approved milk testing labora-tory. The laboratory should be notified inadvance and arrangements should be made toconduct the freeze point test. The sample col-lected at the end of the first milking and thesample collected prior to the beginning of thesecond milking should provide a freezingpoint of a variance not greater than −0.002degrees centigrade. There may be a slight vari-ance in the two (2) samples as carbon dioxidein milk passes off as a gas between the nightand morning milkings. If the variance isgreater than −0.002 degrees centigrade, themilk itself was altered between milkings bysomething other than the release of carbondioxide. To prevent such an occurrence, theproducer should lock the milk house doorbetween these tested milkings; and

10. If the authentic freeze point proce-dure outlined in this regulation is used, theproducer will document the procedure andprovide documentation to the State MilkBoard. The samples collected immediatelyafter the two (2) milkings will be the officialnon-water freezing record for the producer.For enforcement purposes, the producer willbe allowed a freezing point of −0.005degrees centigrade less than the results of thelowest number of the two (2) officially testedsamples that were collected after the eveningand morning milkings. Once established, theauthentic freezing point will remain in effectfor a producer until the producer’s feedingprogram or herd is substantially changed.

(3) Antibiotic Drug Residue Test.(A) Whenever an antibiotic drug residue

test is found to be positive, the State MilkBoard shall immediately suspend the produc-er’s permit.

(4) Appendix N.(A) Whenever a bulk milk truck tank tests

positive for antibiotic drug residue, the StateMilk Board shall randomly verify the dispo-sition of at least ten percent (10%) of milktank truck loads. A memo for record of thisverification will be attached to the AppendixN report.

(5) Water for Use in Milk House.(A) Water sampling procedure for water

used in the milk house will be as follows:1. Three (3) consecutive unsatisfactory

water samples shall result in a degrade; 2. Sixty (60) days is the maximum time

allowed between the second bad sample col-lected and degrading sample collection;

3. A producer’s permit is considered tobe under warning during the interval that thewater sample is testing unsafe. A new well or

continuous disinfection system of the wellshould be considered a new water source andwould result in a return to regulatory proce-dure step one above;

4. It is not the duty of the sanitarian towitness, or participate in, the act of chlorina-tion; and

5. A producer who previously hasincurred three (3) consecutive bad samples asa Grade “A” producer must be given thirty(30) days as a manufacturing grade producerin which to obtain a well water sample incompliance with state regulations.

(6) Permit Suspension.(A) Following an initial inspection or a

reinstatement inspection, a new producer or aproducer under permit suspension must shipmilk within seven (7) calendar days or onehundred sixty-eight (168) hours. If milk isnot shipped within the required time, the barnmust be re-inspected to maintain sanitaryconditions prior to milk marketing.

(B) Producers who incur three (3) permitsuspensions within a twelve (12)-month peri-od shall appear before the State Milk Boardor its agents for a pre-hearing. If the producerincurs an additional suspension in the follow-ing six (6) months, the producer may requesta hearing before the State Milk Board.

(C) Appendix N Violations. A pre-hearingwill be held after two (2) violations for antibi-otics in a twelve (12)-month period, and athird antibiotics violation in a twelve (12)-month period will result in a permit revoca-tion hearing before the State Milk Board.

(7) Grade “A” Permits Automatically Degrad-ed After One Hundred Eighty (180) Days ofInactivity.

(A) A Grade “A” permit issued to a pro-ducer that is in degrade status for one hun-dred eighty (180) consecutive days will beeliminated from the records. A producer thathas lost a permit in this manner will need toreapply and comply with existing Grade “A”standards before obtaining a new permit. Allproducers issued a new Grade “A” permit willbe placed on accelerated sampling in accor-dance with the current Grade “A” PasteurizedMilk Ordinance to establish a quality history.

(8) Milk Procurers.(A) Milk procurers may pick up Grade “A”

producers being diverted to manufacturingutilization along with producers of the manu-facturing market when arrangements can bemade for providing samples and other neces-sary information.

(9) Route Trucks.(A) When a farm milk truck delivers a load






Secretary of State

of milk to a plant or receiving location, thetruck may start a second route without gener-al washing and sanitizing within one (1) hourfrom emptying to first milk picked up exceptwhen the milk delivered is found to be con-taminated with chemicals such as antibiotics.

(10) Access to Dairy Farm.(A) Dairy farmers shall provide service-

able access to the dairy through a properlymaintained road or driveway. Each road ordriveway must be reasonably free of ruts,ridges, potholes, overhanging limbs, and anyother attributes that will damage or contami-nate the entering service vehicles, includingmilk trucks. It is the dairy farmer’s responsi-bility to clear winter events of ice and snowto assure access for milk collection in accor-dance with these regulations.

(11) Farm Bulk Milk Collections.(A) Farm bulk milk collections shall be

made at least once every forty-eight (48)hours or every other day. Extended pickupsmay be granted by individual request to theexecutive secretary of the State Milk Boardwith information showing use of milk outsidethe Grade “A” market. This regulation is bar-ring an act of God or other emergenciesbeyond the control of the hauler or producer.

(12) Milking Time Inspections—WhenRequired.

(A) A milking time inspection shall beconducted on a new producer.

(B) A milking time inspection should beconducted when reinstating a producer per-mit that has been suspended for high bacteriacounts, sanitation violations, or antibioticsand/or other adulterants. If it is impractical toconduct a milking time inspection at the timeof reinstatement, the milking time inspectionmust be made within a reasonable amount oftime following reinstatement. An inspectionfollowing reinstatement after suspension forsomatic cell count violations is not required.

(C) Additional milking time inspectionsshould be made in relation to producer prob-lems at the designation of the State MilkBoard or its designated representative.

(D) A milking inspection will be made onevery producer within a reasonable timeframe.

(13) Distributors.(A) This regulation affects inspection and

permitting of distributors.1. A distributor number is “D” plus the

required number of digits in each contractee’spermit number series.

2. “Distributor” is defined as an indi-vidual or company that handles finished dairy

products beyond the responsibility of thedairy plant and prior to delivery to retailersand/or consumers and any milk processingplant-owned branch operation in which a per-manent or mobile-milk cooler is operated.

3. Distribution permits shall be issuedby the contractee responsible for the area inwhich the distributor is located.

4. Permanent branch or independent dis-tributing points, such as milk coolers, shallbe inspected at least once each six (6) monthsaccording to the following current Grade “A”Pasteurized Milk Ordinance items:

A. Item 2p. Walls and Ceilings –Construction;

B. Item 6p. Toilet-Sewage DisposalFacilities;

C. Item 7p. Water Supply;D. Item 8p. Handwashing Facilities;E. Item 15p. Protection from

Contamination;F. Item 17p. Cooling of Milk and

Milk Products;G. Item 20p. Personnel–Cleanliness;H. Item 21p. Vehicles; and I. Item 22p. Surroundings.

5. Mobile distributors shall be inspectedonce every six (6) months and checked forthe following current Grade “A” PasteurizedMilk Ordinance items:

A. Item 15p. Protection fromContamination;

B. Item 17p. Cooling of Milk andMilk Products;

C. Item 20p. Personnel–Cleanliness;D. Item 21p. Vehicles; andE. Item 22p. Surroundings.

(14) Sanitizers.(A) To be acceptable for use as a chemical

sanitizer for milk contact surfaces, a productmust—

1. Be clearly marked with anEnvironmental Protection Agency (EPA) reg-istration number on its label;

2. Be clearly marked with instructionson the label, or instructions must be posted inthe milk room that it is for use on milk con-tact surfaces;

3. Include a simple, practical test avail-able to determine the strength of the sanitiz-ing solution; and

4. Comply with the requirements ofAppendix F of the current Grade “A”Pasteurized Milk Ordinance.

(B) The State Milk Board recognizes andaccepts the use of certain quaternary ammo-nium compounds (QAC) as chemical sanitiz-ers for milk contact surfaces provided theQAC meets the preceding requirements ofpolicy 14, part 1-a, b, c, d, and 21 CFR178.1010 with the exception: QACs are not

acceptable sanitizers for sampling equipment.Since chlorhexidine is not listed in 21 CFR178.1010, it is unacceptable as a sanitizer fordairy equipment, udders, and teats of dairycows.

(15) Adequate Cooling.(A) Adequate cooling of Grade “A” milk as

required by the current Grade “A” PasteurizedMilk Ordinance is adversely affected if thefirst milking into a farm bulk tank does nottouch the agitator making the milk in thisinstance non-grade A for marketing purposes.The portion of an agitator used for washing(spatter spray) is not acceptable for agitatingmilk.

(16) Transfer from One Milk MarketingAgency to Another.

(A) When a producer requests a transferfrom one milk marketing agency to another,there is a mandatory three (3)-day waitingperiod after receipt of the transfer requestedby the contracted inspection agency excludingweekends and holidays. The three (3)-dayperiod may be waived when agreeable to bothmarketing agencies.

(17) Barn Plans.(A) Barn plan review is to be accomplished

by the State Milk Board or its agents providedthese plans conform to the current Grade “A”Pasteurized Milk Ordinance and the currentState Milk Board Informational Guide forConstruction and Reconstruction of MilkingFacilities as adopted by the State Milk Board.A copy of approved barn plans must be filedwith the State Milk Board office. Barn plansthat deviate from these requirements may besubmitted to the State Milk Board for reviewand approval along with recommendation bythe local inspection agency regarding recom-mended approval or disapproval of the plan.

(B) Each approved barn plan must identifyall equipment and show dimensions and loca-tion including pipe lengths and physical breaklocations. All location of equipment anddimensions must be clearly shown in accor-dance with the informational guide. Otherfacilities to be shown are: vestibule, feedroom, toilet rooms, equipment storage, stan-chions, operator pit, steps, location cowsenter and exit, type of barn, cow holdingarea, and housing area when part of contin-gent construction.

(C) The barn plan should show all dimen-sions drawn to scale as indicated.

(D) The name of the sanitarian/inspectorwhen servicing the facility must be identified.

(E) Identify the preparer of the plan byname and affiliation.

(F) Identify the name and address of the

person for whom the plan is developed.

AUTHORITY: section 196.939, RSMo 2000.*Original rule filed June 21, 2011, effectiveDec. 30, 2011.




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