[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Rules and Regulations]
[Pages 31719-31720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13065]



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 Rules and Regulations
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  Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules 
and Regulations  

[[Page 31719]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 58

[AMS-DA-10-0055]


Grading and Inspection, General Specifications for Approved 
Plants and Standards for Grades of Dairy Products; General 
Specifications for Dairy Plants Approved for USDA Inspection and 
Grading Service

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the General Specifications for Dairy 
Plants Approved for United States Department of Agriculture (USDA) 
Inspection and Grading Service (General Specifications) by raising the 
maximum allowable somatic cell count in producer herd goat milk from 
1,000,000 cells per milliliter to 1,500,000 cells per milliliter. This 
will ensure that goat milk can continue to be shipped and recognizes 
that goats have a need for different regulatory limits for somatic 
cells than cows. In addition this document eliminates mandatory 
sediment testing on producer milk except for milk in cans. The 
requirement for sediment testing has become outdated and is no longer 
needed.

DATES: Effective: June 29, 2012.

FOR FURTHER INFORMATION CONTACT: Susan Sausville, Chief, 
Standardization Branch, Dairy Programs, AMS, USDA, telephone (202) 720-
9382 or email [email protected].

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866 and therefore has not been reviewed 
by the Office of Management and Budget (OMB).

B. Regulatory Flexibility Act

    The final rule has been reviewed in accordance with the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), and AMS has considered 
the economic impact of this action on small entities. It is determined 
that its provisions will not have a significant economic impact on a 
substantial number of small entities.
    AMS provides, under the authority of the Agricultural Marketing Act 
of 1946, voluntary, user-fee funded inspection and grading services to 
approximately 400 dairy manufacturing plants. All of the dairy 
manufacturing plants utilizing the program would be considered small 
businesses under the criteria established by the Small Business 
Administration (13 CFR 121.201).
    These amendments will not have a significant economic impact since 
participation in the USDA-approved plant program is voluntary and the 
cost to those utilizing the program will not increase.

C. Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. There are no administrative procedures that must be exhausted 
prior to any judicial challenge to the provisions of this rule.

D. Paperwork Reduction Act

    The information collection requirements that appear in Part 58 of 
the regulations have been previously approved by OMB and assigned OMB 
Control Number 0581-0110 under the Paperwork Reduction Act (44 U.S.C. 
chapter 35). This action will not impose any additional reporting or 
recordkeeping requirements on large or small dairy processors.

Background and Changes

    The change for goat milk raises the maximum allowable somatic cell 
count from 1,000,000 to 1,500,000 cells per milliliter. Due to inherent 
differences between cows and goats, goat milk with a somatic cell count 
of 1,500,000 cells per milliliter can be produced from a healthy, non-
mastitic udder and therefore is quality milk. The change for goat milk 
will ensure its continued shipment and recognizes that goats have a 
need for different regulatory limits for somatic cells than cows. The 
need for a separate standard for goat milk was recognized by the 
National Conference on Interstate Milk Shipments (NCIMS), and a 
proposal to raise the somatic cell count in goat milk was approved at 
the 2009 NCIMS Conference. This change will align the General 
Specifications for Dairy Plants Approved for USDA Inspection and 
Grading with the Grade A requirements for goat milk.
    The change on sediment testing eliminates the provisions imposing 
mandatory sediment testing on producer milk except for milk in cans. 
The requirement for sediment testing has become outdated and is no 
longer needed. The regulations governing sediment testing were 
promulgated in 1975 before dairy operations started using contained 
milking, storage, and transportation facilities for commercial milk 
production. The change in sediment testing is based on the fact that 
the majority of milk sold in the United States is produced using 
automated milking equipment and systems that provide no opportunity for 
sediment contamination. Because milk production predominantly occurs in 
clean, modern facilities, using sealed lines, storage tanks and 
sanitary pumps with no ``manual handling'' sediment testing is no 
longer needed except for those producers using cans for milk collection 
where there is a risk of sediment contamination.

Public Comments

    On December 23, 2012, the Department published a proposed rule (76 
FR 80280) to amend the General Specifications for Dairy Plants Approved 
for USDA Inspection and Grading Service. The public comment period 
closed February 23, 2012. One comment was received from the Chairperson 
of the Other Species Committee of the National Conference on Interstate 
Milk Shipments (NCIMS) in support of the proposed amendments.

List of Subjects in 7 CFR Part 58

    Dairy products, Food grades and standards, Food labeling, Reporting 
and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 58, Subpart 
B, is amended as follows:

[[Page 31720]]

PART 58--[AMENDED]

0
1. The authority citation for 7 CFR part 58 continues to read as 
follows:

    Authority:  7 U.S.C. 1621-1627.


0
2. Amend Sec.  58.133 by revising paragraphs (b)(5) introductory text, 
(b)(5)(ii), and (b)(6) to read as follows:


Sec.  58.133  Methods for quality and wholesomeness determination.

* * * * *
    (b) * * *
    (5) Whenever the official test indicates the presence of more than 
750,000 somatic cells per ml. (1,500,000 per ml. for goat milk), the 
following procedures shall be applied:
* * * * *
    (ii) Whenever two out of the last four consecutive somatic cell 
counts exceed 750,000 per ml. (1,500,000 per ml. for goat milk), the 
appropriate State regulatory authority shall be notified and a written 
notice given to the producer. This notice shall be in effect as long as 
two of the last four consecutive samples exceed 750,000 per ml. 
(1,500,000 per ml. for goat milk).
    (6) An additional sample shall be taken after a lapse of 3 days but 
within 21 days of the notice required in paragraph (b)(5)(ii) of this 
section. If this sample also exceeds 750,000 per ml. (1,500,000 per ml. 
for goat milk), subsequent milkings shall not be accepted for market 
until satisfactory compliance is obtained. Shipment may be resumed and 
a temporary status assigned to the producer by the appropriate State 
regulatory agency when an additional sample of herd milk is tested and 
found satisfactory. The producer may be assigned a full reinstatement 
status when three out of four consecutive somatic cell count tests do 
not exceed 750,000 per ml. (1,500,000 per ml. for goat milk). The 
samples shall be taken at a rate of not more than two per week on 
separate days within a 3-week period.
* * * * *

0
3. Amend Sec.  58.134 by revising the section heading and paragraphs 
(b), (c) introductory text, (d), and (e) and removing paragraphs (c)(1) 
and (2).
    The revisions read as follows:


Sec.  58.134  Sediment content for milk in cans.

    (b) Sediment content classification. Milk in cans shall be 
classified for sediment content, regardless of the results of the 
appearance and odor examination required in Sec.  58.133(a), as 
follows:

USDA SEDIMENT STANDARD

    No. 1 (acceptable)--not to exceed 0.50 mg. or equivalent.
    No. 2 (acceptable)--not to exceed 1.50 mg. or equivalent.
    No. 3 (probational, not over 10 days)--not to exceed 2.50 mg. or 
equivalent.
    No. 4 (reject)--over 2.50 mg. or equivalent.
    (c) Frequency of tests. At least once each month, at irregular 
intervals, one or more cans of milk selected at random from each 
producer shall be tested.
    (d) Acceptance or rejection of milk. If the sediment disc is 
classified as No. 1, No. 2, or No. 3, the producer's milk may be 
accepted. If the sediment disc is classified No. 4 the milk shall be 
rejected: Provided that, If the shipment of milk is commingled with 
other milk in a transport tank the next shipment shall not be accepted 
until its quality has been determined before being picked up; however, 
if the person making the test is unable to get to the farm before the 
next shipment it may be accepted but no further shipments shall be 
accepted unless the milk meets the requirements of No. 3 or better. In 
the case of milk classified as No. 3 or No. 4, all cans shall be 
tested. Producers of No. 3 or No. 4 milk shall be notified immediately 
and shall be furnished applicable sediment discs and the next shipment 
shall be tested.
    (e) Retests. On test of the next shipment all cans shall be tested. 
Milk classified as No. 1, No. 2, or No. 3 may be accepted, but No. 4 
milk shall be rejected. The producers of No. 3 or No. 4 milk shall be 
notified immediately, furnished applicable sediment discs and the next 
shipment tested. This procedure of retesting successive shipments and 
accepting probational (No. 3) milk and rejecting No. 4 milk may be 
continued for not more than 10 calendar days. If at the end of this 
time all of the producer's milk does not meet the acceptable sediment 
content classification (No. 1 or No. 2), it shall be rejected.
* * * * *

    Dated: May 22, 2012.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2012-13065 Filed 5-29-12; 8:45 am]
BILLING CODE 3410-02-P