Acts and Regulations

2009-139 - Dairy Plant and Transportation of Milk

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2009-139
under the
Public Health Act
(O.C. 2009-458)
Filed November 20, 2009
Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:
CITATION
Citation
1This Regulation may be cited as the Dairy Plant and Transportation of Milk Regulation - Public Health Act.
DEFINITIONS
Definitions
2The following definitions apply in this Regulation.
“Act” means the Public Health Act.(Loi)
“cleaning in place” means the cleaning and sanitizing of equipment in a dairy plant without dismantling.(nettoyage sur place)
“dairy plant” includes every plant in which milk, cream or milk products are pasteurized and every building, machine, equipment and appurtenance employed in or necessary for the pasteurization, heating, storing, cooling, processing, packaging or handling of milk in such plant and forming part of or connected with the plant, and if milk is pasteurized in any part of a plant, the entire plant is deemed to be a dairy plant.(laiterie)
“equipment” means any appliance, apparatus or device that is used in the operation of a dairy plant, but does not include utensils.(équipement)
“milk tank truck ” means a motor vehicle having a tank used only for the purpose of hauling milk from farm bulk tanks to dairy plants or from one dairy plant to another dairy plant.(camion-citerne à lait)
“pasteurization” means the process of heating every particle of milk(pasteurisation)
(a) to a temperature of at least 62 °Celsius and holding it at that temperature for not less than 30 minutes, or
(b) to a temperature of at least 72 °Celsius and holding it at that temperature for not less than 16 seconds,
and cooling it immediately after to a temperature of 10 °Celsius or lower.
“sanitize” means the effective bactericidal treatment of clean surfaces of equipment and utensils by a process effective in destroying microorganisms, including pathogens.(désinfection)
EXEMPTION
Exemption
3A person who wishes to sell cheese or cheese curd that is not made from a pasteurized source is exempt from section 17(2) of the Act but only if the cheese or cheese curd is kept or held at a temperature of 2 °Celsius or more for a period of 60 days or more from the date of the beginning of the manufacturing process.
STANDARD OF MILK SOLD FOR PROCESSING
Standard of milk sold for processing
4A person who sells milk for processing shall ensure that it is not contaminated by veterinary drug residues or inhibitory substances.
TRANSPORTATION OF MILK
Duties of licensee
5A licensee
(a) shall not transport milk in a milk tank truck unless it is constructed, operated, washed, sanitized and maintained in the manner required by this Regulation, and
(b) shall ensure that no substances capable of contaminating the milk are transported with it.
General requirements - milk tank truck
6A milk tank truck
(a) shall be kept clean, and
(b) shall be constructed and operated so as to protect the milk from heat, frost, dust and contamination.
Other requirements - milk tank truck
7A milk tank truck shall be equipped with
(a) a tank with a smooth inside lining and all parts which come into contact with milk shall be made of stainless steel and free from cracks, rough welds, rough solder or open seams,
(b) an insulated dust-tight compartment which is constructed of stainless steel and used for the holding of a milk hose, a pump and other equipment used for transferring milk to or from the milk tank truck,
(c) an insulated dust-tight compartment which is used for holding samples of milk and which maintains such samples at a temperature within a range of 1 °Celsius to 4 °Celsius,
(d) a hose, truck tank gaskets and milk pump and all moving parts which come into contact with milk shall be made of a material that is readily cleanable, is non-toxic and will not affect the flavour of milk during the transfer of milk to or from the milk tank truck, and
(e) spray ball equipment for cleaning all surfaces that come into contact with milk, by means of the continuous circulation of a cleaning solution.
Washing and sanitization between loads
8If more than one load of milk is picked up in one day in a milk tank truck, the pump, hose and fittings of the tank shall be washed and sanitized between loads.
Washing and sanitization after last load
9After unloading the last load of milk at the dairy plant in each 24 hour period, a milk tank truck shall not be taken from the dairy plant until the tank, pump, hoses and fittings of the truck have been washed and sanitized.
DAIRY PLANTS
Duty of licensee
10A licensee who operates a dairy plant shall ensure that the dairy plant is located, constructed, equipped, maintained, operated in the manner and otherwise meets the conditions required by this Regulation.
Location of dairy plant
11The location of a dairy plant shall be free from any objectionable conditions, including smoke, fumes, dust, odours, flies and other conditions that might injuriously affect the quality of the milk.
PHYSICAL STANDARDS - BUILDINGS
Good construction and access
12(1)Every building in a dairy plant shall be suitably constructed and be of adequate size for the operations involved, free from excessive dust, readily cleaned, well lighted and well ventilated.
12(2)There shall be ready access to and from every building in a dairy plant.
Outside openings screened
13(1)All outside openings of every building forming part of a dairy plant shall be effectively screened or otherwise protected against the entrance of flies during the period from the first day of April to the first day of November, inclusive, in each year.
13(2)Window and door screens shall be tight-fitting and kept in good repair and all doors shall be equipped, as far as possible, with self-closing devices.
13(3)Openings through which cans, crates and other articles are passed in rapid succession shall be equipped with flaps, fans or similar devices to exclude flies.
13(4)Such additional precautions for the control of flies and other vermin as may be reasonably necessary shall be provided.
Lights and ventilation
14(1)Every room in a dairy plant in which the processing or handling of milk is conducted or in which equipment is operated shall be well lighted by natural or artificial light or both.
14(2)Every room in a dairy plant shall be adequately ventilated through windows, doors or ventilating ducts to prevent water of condensation from forming on walls, ceilings and equipment.
Floors
15(1)The floors of every room in a dairy plant in which milk is handled or stored shall be constructed of concrete, tile, brick or other good quality, impervious material and the surface shall be smooth, readily cleaned, sloped to convenient outlets and free from joints and depressions in which water or dirt may collect.
15(2)The joints between the walls and floors shall be coved.
15(3)Floor drains and other drains shall be constructed in accordance with the plumbing code adopted in the regulations under the Plumbing Installation and Inspection Act.
15(4)Floors shall be kept clean and free from materials and equipment not regularly used in the room.
Walls and ceilings
16The walls and ceilings of rooms in a dairy plant in which milk is handled or stored shall have smooth surfaces of impervious and washable material, which shall be kept clean.
Separate rooms
17(1)Separate rooms shall be provided in a dairy plant for
(a) pasteurization, cooling and bottling operations, and
(b) washing and bactericidal treatment of containers and miscellaneous equipment.
17(2)Wherever possible, self-closing doors shall be provided in the pasteurizing room and the doors shall not open directly into any stable, garage or living quarters.
EQUIPMENT
General requirements
18(1)The equipment and containers used for the handling, processing or storing of milk in a dairy plant shall be so constructed and kept in good repair as to facilitate cleaning and bactericidal treatment.
18(2)Any surfaces of equipment and containers with which milk comes in contact shall be of smooth, non-corrodible metal or another material that is suitable for its intended purpose and is durable, free from accumulation of milk, solids and other foreign substances, self-draining and readily accessible for cleaning and every joint in any such equipment or container shall be made flush with the surface or otherwise constructed to avoid open seams.
18(3)Any equipment used for the processing or storing of milk shall be constructed of such material and maintained so as not to adversely affect the quality or taste of the milk.
18(4)Holding vats shall be adequately insulated to prevent undesirable heat loss.
18(5)Milk receiving vats shall be placed and protected to prevent contamination of the milk.
18(6)Tight-fitting covers shall be provided for the equipment and shall be arranged to prevent the entrance of drainage or water of condensation from the outside into the milk when the equipment is in either the open or closed position.
Storage of clean utensils and containers
19Clean utensils and containers shall be stored in a room or compartment that is kept free from flies, dust and other contamination.
Inlet and outlet valve and pipe connection
20Every inlet and outlet valve and pipe connection to pasteurization holders in a dairy plant shall meet the following requirements:
(a) every valve and pipeline used in inlet and outlet connections and pasteurizers or holders shall be made of metal or another material that is suitable for the intended purpose, that is not affected by milk or cleansing agents to the extent of corroding or pitting and does not affect the flavour of milk by electrolysis or other means;
(b) every surface in contact with the milk shall be smooth and free from pits, crevices, cracks, open seams or threads;
(c) passages shall be readily disassembled for cleaning and constructed to prevent pocketing;
(d) every part shall be capable of being readily disassembled for cleaning;
(e) every inlet valve shall be of the leak-protector type and every inlet valve connection shall be constructed and located to prevent leakage or short-circuiting of unpasteurized milk into the pasteurized milk or into a pasteurizer or holder other than that being filled;
(f) every groove of an inlet valve for diverting leakage shall be of adequate size and arranged to permit free drainage;
(g) every pipeline between any inlet valve and pasteurizer or holder shall be constructed so as to minimize the distance between the two and sloped or otherwise arranged to drain freely;
(h) every outlet valve shall be of the leak-protector type and shall have the valve seat either flush with the inner wall of the pasteurizer or so closely coupled that all milk in the valve pocket is within the influence of the agitation created by the stirring equipment;
(i) every outlet valve shall prevent leakage past the valve seat into the milk outlet and grooves for diverting leakage shall be of adequate size and arranged to permit free drainage; and
(j) valves shall be provided with stops and guides to ensure proper operation.
Milk piping and connections
21Milk piping and connections in a dairy plant shall meet the following requirements:
(a) the piping and connections shall be of such size and material that they may be readily cleaned;
(b) the piping and connections shall be smooth, free from corrosion and all joints shall be flush;
(c) the length of piping shall be reduced to a minimum; and
(d) no piping, pumps or equipment shall be used for both unpasteurized and pasteurized milk.
Thermometers
22(1)Both indicating and recording thermometers of a satisfactory type shall be installed and used on each holder in a dairy plant in which the holding time is not automatically controlled and in both inlet and outlet manifolds of vat, pocket or continuous flow installations in which the milk is brought to the final pasteurization temperature before entering the pasteurization holder in which the time is automatically controlled.
22(2)The bulbs of the indicating thermometer and the recording thermometer shall be as close together as practicable at the point of lowest temperature in the pasteurizer holder.
22(3)Indicating thermometers shall be easily read and shall be accurate within one-quarter of 1 °Celsius with scale divisions of not less than 3 millimetres for each degree between 60 °Celsius and 65 °Celsius.
22(4)Recording thermometers shall be moisture-proof and easily read with scale divisions of not less than 3 millimetres for each degree between 60 °Celsius and 63 °Celsius and the smallest timescale division shall not exceed 10 minutes.
Formation of foam
23(1)The equipment used in a dairy plant in milk processing shall preclude as far as possible the formation of foam in pasteurizers or holders.
23(2)Where foam collects in milk holders, means shall be employed to keep the atmosphere above the milk at a temperature at least 3 ºCelsius higher than the pasteurizing temperature.
Cooling facilities and cold storage
24Cooling facilities and cold storage shall be provided in the dairy plant for the pasteurized milk and the milk held in storage before processing.
Regenerative heater-coolers
25Regenerative heater-coolers shall be constructed and maintained to prevent access of the unpasteurized milk into the pasteurized milk.
Use of solder
26Solder shall not be used on the metal separating pasteurized milk from unpasteurized milk.
OPERATIONS
Cans of unpasteurized milk
27Cans of unpasteurized milk shall not be unloaded directly into or stored in the pasteurizing room.
Filtering of milk before pasteurization
28Milk shall be filtered before pasteurization and no filters shall be placed on the outlet side of the pasteurizer or used on milk after pasteurization.
Requirements for bottling and capping milk
29Milk shall be bottled and capped in accordance with the following conditions:
(a) bottling shall be done in mechanical equipment that can be readily cleaned and that does not expose the milk to contamination during the operation;
(b) the equipment and the operation shall be such that a uniform mixture of the milk is added to each bottle; and
(c) no unpasteurized milk shall be bottled or come in direct contact with bottling equipment used for pasteurized milk.
Capping or sealing by mechanical equipment
30Containers for milk shall be capped or sealed by mechanical equipment only.
Temperature of milk
31(1)The operation of the pasteurizer or holding vat in a dairy plant shall be such that the variation in temperature between the hottest and the coldest milk does not exceed 1° Celsius.
31(2)The temperature of the milk in the pasteurizer at any time is that shown on the indicating thermometer, rather than the recording thermometer.
31(3)The temperature shown by the recording thermometer shall be checked daily against the indicating thermometer and shall be adjusted to read at no time higher than the indicating thermometer.
Temperature recording
32(1)No recording chart shall be used for a period that interferes with the clarity of the record or that permits overlapping of graphs.
32(2)The person in charge of the recording thermometer shall sign every chart and shall ensure that the following information is recorded on every chart:
(a) the date of each operation of the pasteurizer or holder;
(b) the number of the pasteurizer or holder, if more than one is in use, to which the recording thermometer was attached;
(c) a recording of the indicating thermometer at some time corresponding with a marked point in the holding period; and
(d) the product processed in relation to each graph on the chart.
32(3)If more than one recording thermometer is in use, the chart shall be numbered in such a manner as to indicate the recording thermometer that was used for the chart.
32(4)A chart shall be kept for a period of 30 days after the date of the chart.
Cover of pasteurizer
33Except in the case of emergency, the cover of the pasteurizer shall be kept closed during the holding period and until the milk is removed.
No contact between unpasteurized and pasteurized milk
34No piping, pumps or equipment with which pasteurized milk comes into contact shall be used in the handling of unpasteurized milk or other contaminated material and no connection shall be permitted between unpasteurized and pasteurized milk.
Cleaning and sanitizing
35(1)Every container and any equipment that comes into contact with or is used in the handling of milk shall be thoroughly cleaned and sanitized after each use and at least once each day.
35(2)All demountable apparatus, including piping, pump parts, valves and pipe fittings, shall be taken down daily for cleaning and sanitizing.
35(3)Cleaning in place is permitted for equipment designed for this purpose.
35(4)Notwithstanding subsection (3), equipment designed for cleaning in place shall be dismantled for inspection and cleaning upon request of an inspector.
35(5)Every can used for transporting raw milk to a dairy plant shall be thoroughly cleaned and sanitized before leaving the plant.
35(6)Except for transporting in wholesale quantities to another dairy plant, no can referred to in subsection (5) shall be used for transporting milk or other products from the pasteurization plant.
Cleaning of equipment used for pasteurization
36Any equipment used for pasteurization and subsequent handling of the milk, when assembled immediately before the day’s operations, shall be given a bactericidal treatment by steam, hot water or a sanitizing agent.
Pasteurizing and processing under direct supervision
37(1)Every pasteurizing and processing operation shall be under the direct supervision of a person having adequate knowledge of such operations.
37(2)Every person employed in a dairy plant shall be clean in habit, wear clean, washable outer garments and keep hands clean while engaged in work.
37(3)No person shall smoke or use tobacco in any form or spit in any part of the plant in which milk is processed or handled or where washing and sanitizing of containers and equipment is carried out.
No products other than milk products
38Unless authorized under the licence issued to the operator, no products, other than milk products of which milk is a substantial component, shall be handled or processed in a dairy plant unless equipment entirely separate from equipment used in pasteurization is used and the handling or processing is carried on in a separate room.
Containers for unpasteurized milk or milk products
39(1)No unpasteurized milk or milk product shall be bottled or placed in containers that are the same as or similar to those used for delivery to consumers.
39(2)Subsection (1) does not apply to unpasteurized cheese or cheese curd that has been produced under the conditions referred to in section 3.
STANDARD FOR PASTEURIZED MILK
Bacteriological standard
40All pasteurized milk sold or offered for sale shall comply with the bacteriological standard prescribed in paragraph B.08.016 (e) of the Food and Drug Regulation under the Food and Drugs Act (Canada).
COMMENCEMENT
Commencement
41This Regulation comes into force on November 20, 2009.
N.B. This Regulation is consolidated to November 20, 2009.