Section 217.26 - Examination of Grade A Raw Milk and Grade A Raw Milk Products(a) The department will sample, at least quarterly, each Grade A raw milk processor dairy farm whose Grade A raw milk and Grade A raw milk products are produced and intended for consumption within the State of Texas. (b) At a minimum, cooling temperature checks, antibiotic tests, somatic cell counts, bacterial counts, coliform counts, pathogenic bacteria, water adulteration and random aflatoxin testing are performed on Grade A raw milk and Grade A raw milk product samples. (c) Samples shall be analyzed at an official or officially designated laboratory as defined in § 217.1(71) and § 217.1(72) of this title (relating to Definitions). (d) The coliform sample required by subsection (b) of this section may be collected by a certified sampler and submitted to an official or officially designated laboratory as defined in § 217.1(71) and § 217.1(72) of this title at the expense of the Grade A raw milk processor. The lab report must be provided to the department within seven days after receiving the results. To meet the requirements of subsection (b) of this section, samples must be collected in January, April, July, and October. The Grade A raw milk processor must notify the department in writing informing the department that the Grade A raw milk processor will be responsible for collecting its own coliform sample. The notice form must be received at least 30 days before the collection month. If a dairy provides such notice and then fails to collect and submit the milk sample as provided in the rules of this subchapter, the department shall collect coliform samples for a period of 12 months for that dairy. (e) Whenever the pathogenic bacteria, coliform counts, bacteria counts, somatic cell counts, water adulteration, or cooling temperatures of a sample exceed the limit of the standard for the Grade A raw milk or Grade A raw milk product, an additional sample shall be collected by the department on a date determined by the department. (f) The department may issue a detention, recall order, cessation from commerce, or emergency order, in accordance with § 217.92 of this title (relating to Enforcement) or seek court action, whenever a consecutive sample violates the standards of this subchapter for bacteria counts, somatic cell counts, coliform counts, water adulteration, or cooling temperatures. (g) The department may issue a detention, recall order, cessation from commerce, or emergency order, in accordance with § 217.92 of this title or seek court action, if a sample exceeds standards in § 217.27 of this title (relating to Standards for Grade A Raw Milk and Raw Milk Products) for antibiotic, pathogenic bacteria, or aflatoxin. The sampled product exceeding the standards must be removed from supplies intended for human consumption.25 Tex. Admin. Code § 217.26
The provisions of this §217.26 adopted to be effective February 3, 2000, 25 TexReg 582; Adopted by Texas Register, Volume 46, Number 20, May 14, 2021, TexReg 3136, eff. 5/17/2021