Section 785.290  Abnormal Milk

a)         Mastitic Milk

1)         A laboratory examination for the presence of somatic cells shall be made on all producers' milk at least 4 times in each 6-month period at irregular intervals.  Samples shall be analyzed at an official laboratory or at a laboratory approved by the Department.

2)         Confirmatory testing will be done on milk when a herd milk sample exceeds any of the following screening test results:  

A)        California Mastitis Test - Weak positive (CMT 1+).

B)        Modified Whiteside Test − Positive (1+).

C)        Wisconsin Mastitis Test − WMT value of 18 mm.

3)         A confirmatory test for somatic cell count shall be made on that sample using any of the following methods:  

A)        Direct Microscopic Somatic Cell Count (Single Strip Procedure). Pyronin Y - methyl green stain shall be used for goat's milk.

B)        Electronic Somatic Cell Count.

C)        Optical Somatic Cell Count.

D)        Membrane Filter DNA Somatic Cell Count - The results of the confirmatory test shall be the official result.

4)         Whenever the confirmatory somatic cell count indicates the presence of more than 750,000 somatic cells per ml, the following procedures shall be applied:  

A)        The producer shall be notified in writing by the milk plant with a warning of the excessive somatic cell count.

B)        Whenever records reveal two of the last four consecutive somatic cell counts exceed 750,000 per ml, the Department shall send a written notice to the producer.  This notice shall be in effect so long as two of the last four consecutive samples exceed 750,000 per ml.

5)         A third milk sample shall be taken after a lapse of 3 days and within 21 days.  If this sample also indicates a high somatic cell count, the producer's milk shall be rejected until compliance is obtained.  A temporary license shall be approved by the Department whenever an additional sample of herd milk is tested and found to conform to requirements.  The producer shall be fully reinstated when three out of four consecutive tests have counts of 750,000 or less somatic cells per ml.  The samples shall be taken at a rate of not more than two per week on separate days within a 3-week period.

b)         Drugs

1)         At least four times in 6 months, at irregular intervals, a separate or commingled sample of each producer's milk shall be tested for drug residues.  Whenever a producer's milk shows a violative drug residue, this milk shall be removed from all markets and the Department immediately notified by the industry certified laboratory.  The producer's license shall not be reinstated until provisions of Section 785.1220 (Drug Residue Monitoring and Farm Surveillance) are met.

2)         All bulk milk pick-up tankers or milk received directly from the farm bulk tank shall be sampled and tested in accordance with Section 785.1220. Methods that have been evaluated by Association of Official Analytical Chemists (AOAC) and recommended by the Food and Drug Administration at currently referenced levels shall be used for regulatory action for each drug of concern. FDA shall review the AOAC evaluations for each test kit and make a determination as to the acceptability of the use of the method.  Regulatory action shall be taken on all violative results (see Section 785.1220). A result shall be considered violative if it has been obtained by using a method that has been evaluated and deemed acceptable by FDA at levels established in memoranda transmitted periodically by FDA as required by Section 785.1220(c) and the test completed by a qualified individual as approved by the Department.

c)         Radionuclides

            When notified by Illinois Department of Nuclear Safety, composite milk samples shall be collected from selected areas and tested for biologically significant radionuclides.

d)         Pesticides and Herbicides

            Composite milk samples shall be tested for pesticides and herbicides at a frequency of once every six months, which the Department determines to be adequate to protect the consumer.  If a sample exceeds established Food and Drug Administration limits (21 CFR 193 and 40 CFR 180), procedures set forth in Section 785.1210 shall be followed.

e)         Added Water

            The presence of added water in raw or pasteurized milk constitutes adulteration.  The presence of added water is indicated by a milk cryoscope reading of -.524 Hortvet or -.507 Centigrade or higher when tested. After two occurrences of adulterated milk within a six-month period, the plant or producer will be required to show cause and reason for the addition of water.  After a third occurrence, the Department will institute administrative proceedings to revoke the plant or producer's permit.

f)         Farm Milk Collection

            Milk from producers shall be collected at intervals not exceeding four calendar days except in emergency situations where roads are impassible, in which delivery time may be extended an additional day.  Milk determined to contain over 200,000 bacteria per ml shall be collected every two calendar days.   It is the duty of the dairy plant to notify bulk milk hauler-samplers whenever a maximum two day pick-up and delivery is required.

(Source:  Amended at 25 Ill. Reg. 12634, effective September 25, 2001)