S.C. Code Regs. § § 61-34.I

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-34.I - Definitions and Standards

A. The following definitions shall apply in the interpretation and the enforcement of this Regulation:

1. Abnormalities of Milk means

a. Abnormal Milk: Milk that is visibly changed in color, odor, and/or texture.

b. Undesirable Milk: Milk that, prior to the milking of the animal, is known to be unsuitable for sale, such as colostrum.

c. Contaminated Milk: Milk that is not sellable or is unfit for human consumption following treatment of the animal with veterinary products, i.e. antibiotics, which have withhold requirements or treatment with medicines or insecticides not approved for use on dairy animals by the United States Food and Drug Administration (FDA) or the United States Environmental Protection Agency (EPA).

2. Adulterated: means raw milk or raw milk products are deemed to be adulterated if the product:

a. Bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health;

b. Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal regulation, or is in excess of such tolerance if one has been established;

c. Consists, in whole or in part, of any substance unfit for human consumption;

d. Has been produced, processed, prepared, packaged, or held under unsanitary conditions;

e. Is packaged in a container which is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

f. Has any substance added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;

g. Is in violation of Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 342); or

h. Contains any animal drug residues.

3. Automatic Milking Installation (AMI) means the entire installation of one (1) or more automatic milking units, including the hardware and software utilized in the operation of individual automatic milking units, the animal selection system, the automatic milking machine, the milk cooling system, the system for cleaning and sanitizing the automatic milking unit, the teat cleaning system, and the alarm systems associated with the process of milking, cooling, cleaning, and sanitation.

4. Buttermilk means a cultured dairy product that is produced by culturing milk or cream with characterizing microbial organisms and which contains at least 3.25% milkfat and at least 8.25% milk solids not fat.

5. Clean means the effective and thorough removal of product and/or contaminants from direct product contact surfaces.

6. Code of Federal Regulations (CFR) means the current Code of Federal Regulations.

7. Common Name means the generic term commonly used for domestic animals, i.e., cattle, goats, sheep, horses, water buffalo, etc.

8. Craft Usage means the use of raw milk to create products such as soap, candles, or other non-edible products.

9. Cream means a dairy product that is composed of the higher-fat layer separated from the top of milk and which contains at least 18% milkfat.

10. Dairy Farm means any place or premises where one (1) or more lactating animals (cows, goats, sheep, water buffalo, or other hooved mammals) are kept for milking purposes and from which a part or all of the milk or milk products are provided, sold, or offered for sale.

11. Department means the South Carolina Department of Health and Environmental Control and its representatives.

12. Drug means:

a. A substance recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or official National Formulary, or any supplement to any of them;

b. A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease;

c. A substance (other than food) intended to affect the structure or any function of the body ; and

d. A substance intended for use as a component of a substance specified in clause a, b, or c but does not include devices or their components, parts, or accessories.

13. Goat Milk means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy goats. Goat milk sold in retail packages shall contain not less than 2.5 percent milkfat and not less than 7.5 percent milk solids not fat. Goat milk shall be produced according to the sanitary standards of this Regulation.

14. Kefir means a cultured dairy product that is produced by fermentation of milk by Lactobacillus bulgaricus, Lactobacillus acidophilus, and Lactobacillus caucasicus and which contains not less than 3.5% milk fat or, if made from goat milk, not less than 2.8% milkfat.

15. Milk means the normal lacteal secretion of hooved mammals, practically free of colostrum, obtained by the complete milking of one (1) or more healthy hooved mammals. This product shall be produced according to the sanitary standards of this Regulation. Hooved mammals milk shall include bovine milk, goat milk, sheep milk, water buffalo milk, etc.

16. Milk or Milk Products Distributor means any person who offers for sale milk or milk products that have been packaged at a permitted location.

17. Milk or Milk Products Plant means any place, premises, or establishment where milk or milk products are collected, handled, processed, and stored or prepared for distribution.

18. Milk or Milk Products Producer means any person who operates a dairy farm and provides, sells, or offers milk or milk products for sale that were produced at the farm.

19. Misbranded Milk or Milk Product means any milk or milk product when:

a. The product's container bears or accompanies any false or misleading written, printed, or graphic matter;

b. The milk or milk product does not conform to the definitions as contained in this Regulation; or

c. The product is not labeled in accordance with this Regulation.

20. Officially Designated Laboratory means a commercial laboratory authorized to do official work by the Department or a milk industry laboratory officially designated by the Department for the examination of producer samples of SC Grade A raw milk and raw milk products for human consumption and commingled milk tank truck samples of raw milk and raw milk products for drug residues and bacterial limits.

21. Person means any individual, producer, distributor, plant operator, partnership, corporation, company, firm, trustee, association, or institution.

22. Raw Milk means milk that has not received any heat treatment such as pasteurization or any other further processing.

23. Raw Milk Products means unpasteurized buttermilk, kefir, or cream.

24. Risk means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

25. Sanitization means the application of any effective method or substance to a clean surface for the destruction of pathogens and of other organisms as far as is practical. Such treatment shall not adversely affect the equipment, the milk or milk product, or the health of consumers and shall be acceptable to the Department.

26. Sheep Milk means the normal lacteal secretion practically free of colostrum, obtained by the complete milking of one (1) or more healthy sheep. Sheep milk shall be produced according to the sanitary standards of this Regulation.

27. Water Buffalo Milk means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy water buffalo. Water buffalo milk shall be produced according to the sanitary standards of this Regulation.

B. Standards.

All raw milk and raw milk products for human consumption shall be bottled, packaged, and sealed at the same location where they were produced, or, in the case of raw milk products, at a location under the direct control of the raw milk producer that has been approved by the Department, and all raw milk and raw milk products shall conform to the chemical, physical, bacteriological, and temperature standards as well as the sanitation requirements of this Regulation.

S.C. Code Regs. § 61-34.I

Amended by State Register Volume 33, Issue No. 6, eff June 26, 2009; State Register Volume 46, Issue No. 04, eff. 4/22/2022.