S.C. Code Regs. § § 61-34.II

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

Section 61-34.II - Adulterated or Misbranded Raw Milk or Raw Milk Products

A. No person shall, within South Carolina or its jurisdiction, produce, provide, sell, offer, barter, or expose for sale, or have in possession with intent to sell any raw milk or raw milk product that is adulterated or misbranded.

B. Any adulterated or misbranded raw milk or raw milk product may be impounded by the Department and disposed of in accordance with applicable laws or regulations.

C. Raw milk and raw milk products will be examined by the Department in the course of routine or complaint inspections, outbreak investigations, or as otherwise deemed appropriate by the Department to determine that they are not adulterated or misbranded. The Department may, upon written notice to the owner or person in charge, place a hold order on any raw milk or raw milk product that it determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded. Under a hold order, raw milk and raw milk products shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on raw milk or raw milk products by the Department, and neither such raw milk or raw milk products nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Department except if ordered by a court of competent jurisdiction.

D. Adding water to raw milk will be considered a violation of this Regulation if the raw milk contains in excess of three percent (3%) water. A cryoscope shall be used to determine percentage of water by measuring the freezing point of the raw milk. When the freezing point of raw milk is greater than 32.945°F (-0.525°C), the farm shall be notified that the raw milk apparently contains added water. If a second violation of this freezing point standard occurs within two (2) years, milking or processing operations may be observed, and samples will be collected and analyzed. The freezing point obtained from raw milk collected during the observation shall be used to determine a definite freezing point standard from the farm. A violation of the determined freezing point standard for a specific operation by over three (3%) percent within two (2) years of setting the standard for the individual farm shall call for a two (2) calendar day permit suspension or equivalent.

E. When raw milk or raw milk products are found to be adulterated by the presence of drugs, pesticides, herbicides, or other poisonous substances, they shall be placed under a hold order and additional samples analyzed. Raw milk or raw milk products found to be adulterated shall be disposed of until analysis shows the product not to be adulterated. If testing reveals raw milk or raw milk products are positive for drug residues, the raw milk or raw milk products shall be disposed of in a manner that removes it from the human or animal food chain. The Department shall immediately suspend the producer's SC Grade "A" permit, or equally effective measures shall be taken, to prevent the sale or distribution of raw milk or raw milk products containing drug residues, and a penalty shall be imposed. Future sales or distribution are prohibited until subsequent testing reveals the raw milk or raw milk products are free of drug residue. The SC Grade "A" producer's permit may be reinstated to allow the sale or distribution of raw milk or raw milk products when a representative sample taken by the Department from the producer's raw milk or raw milk products is no longer positive for drug residue. Whenever a drug residue test is positive, a recall shall be initiated, and an investigation shall be made to determine the cause. The farm inspection must be completed by the Department to determine the cause of the residue and actions that need to be taken to prevent future violations, including on-farm changes in procedures necessary to prevent future occurrences.

S.C. Code Regs. § 61-34.II

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