(a) Abnormalities in milk.
  (1) Milk from animals treated with or exposed to insecticides not approved for use on dairy cattle by the U.S. Environmental Protection Agency must not be offered for sale.
  (2) The department may require additional tests for the detection of abnormalities in milk.
  (3) Milk containing abnormalities must be handled and disposed of to prevent the infection of other animals and the contamination of milk utensils and equipment. Milk containing abnormalities may not be offered for human consumption.
  (4) Animals secreting milk with abnormalities must be milked last or with separate equipment, in order to prevent the contamination of the wholesome supply.
  (5) Equipment, utensils, and containers used for the handling of milk containing abnormalities must not be used for the handling of milk to be offered for sale, unless they are first cleaned and sanitized.
(b) Milking barn, stable, parlor, or Automatic Milking Installation (AMI)--construction.
  (1) A milking barn, stable, parlor, or AMI must be present on all Grade A raw milk processor dairy farms to house the milking herd during milking time operations. The areas used for milking purposes must:
    (A) have floors constructed of concrete or equally impervious material graded to drain, which are smooth, easily cleanable, maintained in good repair, and free of excessive breaks or worn areas that may create pools of water, wastes, or other liquids;
    (B) have gutters and feed troughs constructed of good quality concrete or equally impervious material;
    (C) be constructed to ensure manure does not pile or pool in the milking barn, stable, parlor, or AMI and is approved by the department;
    (D) have finished walls and ceilings that are smooth, easily cleanable, impervious to moisture, light colored, dust tight, and in good repair;
    (E) have ceilings that are dust-tight;
    (F) have wall partitions, doors, shelves, and windows kept in good repair, and surfaces must be refinished whenever wear or discoloration is evident;
    (G) ensure feed stored overhead does not allow the sifting of chaff and dust into the milking barn, stable, parlor, or AMI;
    (H) ensure hay openings have a dust-tight door, which is kept closed during milking operations;
    (I) have separate stalls or pens for non-lactating animals;
    (J) have lighting equivalent of at least 10 foot candles in all working areas during milking hours;
    (K) provide sufficient air space and air circulation to prevent condensation and excessive odors throughout the milking barn, stable, parlor, or AMI;
    (L) not be overcrowded; and
    (M) have dust-tight covered boxes, bins, or separate storage facilities for ground, chopped, or concentrated feed.
  (2) The department may approve a barn without four walls extending from floor to roof, or a shed-type barn, provided the requirements of subsection (c) of this section, concerning animals and fowl entering the barn are met. Animal-housing areas (stables without stanchions, such as loose housing tables, pen stables, resting barns, free stall barns, holding barns, loafing sheds, wandering sheds) may be of shed-type construction, provided no milking is conducted therein.
(c) Milking barn, stable, parlor, or AMI--cleanliness.
  (1) The interior of the milking barn, stable, parlor, or AMI must be kept clean.
  (2) Leftover feed in feed mangers must appear dry and fresh.
  (3) The bedding material, if used, must be free from excessive manure.
  (4) Outside surfaces of pipeline systems located in the milking barn, stable, parlor, or AMI must be clean.
  (5) All animal pens, if not separated from the milking barn, stable, parlor, or AMI, must be clean.
  (6) Swine and fowl must be kept out of the milking barn, parlor, and AMI.
  (7) Gravity flow manure channels in milking barns, if used, must be maintained and be cleaned.
  (8) Floors must be cleaned after each milking.
    (A) In barns provided with water under pressure, the floors must be scrubbed after each milking with a stiff-bristled brush.
    (B) In barns in which water under pressure is not available, the floors may be brushed dry and limed, or have phosphate applied evenly in a thin coat. Care should be exercised to prevent caking of the lime.
(d) Animal yard.
  (1) The animal yards, which are the enclosed or unenclosed areas adjacent to the milking barn, and AMIs in which the animals may congregate, including animal housing areas and feed lots, must be graded and drained and must have no standing pools of water or accumulations of animal manure.
  (2) Animal lanes must be reasonably dry.
  (3) Approaches to the barn door, surroundings of stock watering, and feeding stations must be solid to the footing of the animal.
  (4) Loafing and animal housing areas must have animal droppings and soiled bedding removed, or clean bedding added, at sufficient intervals to prevent the soiling of the animal's udders and flanks.
  (5) Waste feed must not accumulate.
  (6) Manure packs must be properly drained and must provide reasonably firm footing.
  (7) Swine must be kept out of the animal yard.
(e) Milkhouse or room--construction and facilities.
  (1) A milkhouse or room of sufficient size, a minimum of 30 inch spacing around equipment to allow for cleaning and inspection on all sides, must be provided for the cooling, handling, and storing of milk, and the washing, sanitizing, and storing of milk containers and utensils except as provided for in subsection (l) of this section.
  (2) The milkhouse floor must be smooth, easily cleanable, and constructed of concrete or equally impervious material. The floors must be maintained in good repair free of cracks, breaks, depressions, and surface peeling.
  (3) The floor shall be sloped to drain to prevent pools of standing water.
  (4) The joints between the floor and walls must be watertight.
  (5) Liquid waste shall be disposed of in a sanitary manner. All floor drains shall be accessible and shall be trapped if connected to a sanitary sewer system.
  (6) The walls and ceilings must be smooth, easily cleanable, impervious to moisture, covered with light colored paint, and in good repair.
  (7) Surfaces and joints must be tight and smooth.
  (8) The milkhouse must have a minimum of 20 foot candles of adequate natural or artificial light.
  (9) The milkhouse must be adequately ventilated to minimize odors and condensation of floors, walls, ceilings, and clean utensils.
  (10) Vents, if installed, and lighting fixtures must be installed to preclude the contamination of bulk milk tanks or clean utensil storage areas.
  (11) The milkhouse shall be used for no other purpose than milkhouse operations as described in §217.28(e)(1) of this subchapter (relating to Sanitation Requirements for Grade A Raw Milk and Raw Milk Products).
  (12) There shall be no direct opening from the milkhouse into any barn, stable, parlor, AMI, or room used for domestic purposes, except that an opening between the milkhouse and milking barn, stable, parlor, or AMI is permitted when a tight-fitting, self-closing solid door is provided.
  (13) A vestibule must comply with the applicable milkhouse construction requirements.
  (14) Water under pressure must be piped into the milkhouse.
  (15) The milkhouse must be provided with facilities for heating water in sufficient quantity and necessary temperatures, based on the cleaning agent''s specifications, for the effective cleaning of all equipment and utensils.
  (16) The milkhouse shall be equipped with a two-compartment wash vat of sufficient size to accommodate the largest utensil and container used.
  (17) A refrigerator of sufficient size must:
    (A) be provided for storage of cooling bottled Grade A raw milk and Grade A raw milk products;
    (B) be capable of maintaining the Grade A raw milk and Grade A raw milk products at the proper temperature; and
Cont'd...
(C) be equipped with a suitable thermometer approved by the department before use.
(f) Milkhouse or room-cleanliness.
  (1) The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, non-product-contact surfaces of milk containers, utensils and equipment, and other milkroom equipment must be clean.
  (2) Only articles directly related to milkroom activities are allowed in the milkroom. The milkroom must be kept free of trash, animals, and fowl.
  (3) Vestibules must be kept clean.
(g) Toilet.
  (1) Every Grade A raw milk processor dairy farm shall provide one or more toilets, conveniently located by the milking barn, parlor, stable, AMI, and the milkroom. The toilet room must be properly constructed with walls, floors, and ceilings that are smooth, easily cleanable, impervious to moisture, light colored, and operated and maintained in a sanitary manner.
  (2) Human defecation or urination must only occur in the toilet room.
  (3) The toilet room must not open directly into the milkroom.
  (4) Doors to toilet rooms must be tight-fitting and self-closing, and all outer openings in toilet rooms must be screened or otherwise protected against the entrance of flies.
  (5) The toilet room shall be cleaned and kept free of odors.
  (6) The toilet must be connected to a public sewer system or to an individual sewage-disposal system and must be constructed and operated in accordance with the most current revision of the Texas Commission on Environmental Quality rules regulating on-site sewage facilities.
(h) Water supply.
  (1) A Grade A raw milk processor dairy farm''s water source must meet the following requirements to establish the absence of coliform bacteria and thus be considered a "safe water source":
    (A) Water samples must be taken before the permit approval of the physical structure and found negative for the presence of coliform bacteria.
    (B) Water samples must be taken after any repair, alteration, or maintenance of the water supply system and found negative for the presence of coliform bacteria.
    (C) Water hauled to the Grade A raw processor dairy farm must be sampled for the presence of coliform bacteria at the point of use.
  (2) Water for milkhouse and milking operations must be from a supply properly located, protected, and operated, easily accessible, and of adequate sanitary quality, and must be a safe water source.
    (A) All water supply systems must be approved as safe and comply with the specifications of the Texas Commission on Environmental Quality 30 TAC §290.41.
    (B) No cross-connections between a safe water supply and any unsafe or questionable water supply or any other source of pollution are permitted.
    (C) There must be no submerged inlets through which a safe water supply may be contaminated.
    (D) The water source must be located and constructed in a manner that neither the underground nor surface contamination from any sewage systems, or other pollution can reach the water supply. Well casing and seal must be located above the ground surface.
    (E) All new water supply systems, which have been repaired or otherwise become contaminated, must be thoroughly disinfected and approved as safe before being placed in use.
    (F) All containers and tanks used in the transportation of water must be sealed and protected from possible contamination and must be approved by the department before use.
      (i) The containers and tanks must be thoroughly cleaned and have a bacteriological treatment before filling with potable water to be used at the dairy farm.
      (ii) To minimize the possibility of contamination of the water during the transfer from the potable tanks to the elevated or ground-water storage at the dairy farm, a suitable pump, hose, and fittings must be provided.
      (iii) When the pump, hose, and fittings are not being used, the outlets must be capped and stored in a suitable dust proof enclosure to prevent contamination.
      (iv) The storage tank at the dairy farm must be constructed of impervious material, provided with a dust and rainproof cover, and provided with an approved vent and roof hatch.
      (v) All reservoirs must be disinfected before placing them into service.
(i) Containers, utensils and equipment--construction.
  (1) All multi-use containers, equipment, and utensils used in the handling, or storage of Grade A raw milk and Grade A raw milk products must be made of smooth, nonabsorbent, corrosion resistant, nontoxic materials, free of breaks, and be easily cleaned. Safe materials of the following types are allowed:
    (A) stainless steel of the American Iron and Steel Institute (AISI) 300 series;
    (B) equally corrosion-resistant, nontoxic metal;
    (C) heat-resistant glass; or
    (D) plastic or rubber and rubberlike materials, which:
      (i) are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping, and distorting under normal use conditions;
      (ii) are nontoxic, fat-resistant, relatively nonabsorbent, relatively soluble, and do not release component chemicals or impart flavor or odor to the product; and
      (iii) must maintain these properties under repeated use conditions.
  (2) All milk pails used for foremilk stripping must be seamless and hooded.
  (3) Strainers, if used, must be of perforated metal design, or constructed to utilize single-service strainer media. Multiple-use woven material must not be used for straining milk.
  (4) All single-service articles must be manufactured, packaged, transported, and handled in a sanitary manner and obtained from an approved source.
  (5) Articles intended by the manufacturer for single-service use must not be reused.
  (6) Farm holding/cooling tanks with welded sanitary piping must be smooth and free from pits, cracks, or inclusions.
  (7) Cleaned-in-place milk pipelines and return solution lines must be self-draining.
  (8) Gaskets, if used, must be self-positioning and of material meeting specifications described in §217.28(i)(1) of this subchapter, and must form a smooth, flush interior surface.
  (9) If gaskets are not used, all fittings must have self-positioning faces designed to form a smooth, flush interior surface.
  (10) All interior surfaces of welded joints in pipelines must be smooth and free of pits, cracks, and inclusions.
  (11) Detailed plans for cleaned-in-place pipeline systems must be submitted to the department for written approval before installation. No alteration or addition may be made to any milk pipeline system without prior written approval from the department.
  (12) All milking machines, including heads, milk claws, milk tubing, and other milk-contact surfaces, must be easily cleaned and inspected. Pipelines, milking equipment, and other equipment requiring a screwdriver or special tool must be easily accessible for inspection and the necessary tools must be available at the milkhouse.
  (13) Farm holding/cooling tanks and welded sanitary piping must comply with all applicable requirements set forth in this section.
(j) Containers, utensils and equipment--cleaning. The product-contact surfaces of all multi-use containers, equipment, and utensils used in the handling, storage, or transportation of milk must be cleaned after each usage.
(k) Containers, utensils and equipment--sanitization. The product-contact surfaces of all multi-use containers, equipment and utensils used in the handling, storage, or transportation of milk must be sanitized before each usage by one of the following methods, or by an equally effective method:
  (1) Complete immersion in hot water at a temperature of at least 170 degrees Fahrenheit (77 degrees Celsius) as determined by use of a suitable accurate thermometer (at the outlet) for at least five minutes; or
  (2) Complete immersion for at least one minute in, or exposure for at least one minute to, a flow of a chemical sanitizer which must meet the manufacturer's recommendation of acceptable strength for milk contact surfaces. All product-contact surfaces must be wetted by the sanitizing solution, and piping must be filled. Sanitizing sprays may be used.
    (A) Chemical solution, once used, may not be reused for sanitizing.
Cont'd...
(B) When chemicals are used for sanitization, a test kit or device accurately measuring parts per million concentration must be provided and used. The solution must be tested before use.
(l) Containers, utensils and equipment--storage.
  (1) All containers, utensils and equipment used in the handling, storage, or transportation of milk, unless stored in sanitizing solutions, must be stored to ensure complete drainage and be protected from contamination before use.
  (2) Pipeline milking equipment, such as milk claws, inflations, weight jars, meters, milk hoses, milk receivers, and milk pumps, which are designed for mechanical cleaning, may be stored in the milking barn, parlor, or AMI only if the pipeline milking equipment is designed, installed, and operated to protect the product and solution contact surfaces from contamination at all times.
  (3) When manual cleaning of product-contact surfaces is necessary, the cleaning must be done in the milkhouse.
  (4) Clean cans or other containers may only be stored in the milkhouse.
  (5) Strainer pads, parchment papers, gaskets, and similar single-service articles must be stored in a suitable container or cabinet and protected against contamination.
  (6) Single service bottles must be stored at least six inches above the floor in a storage area.
(m) Containers, utensils and equipment--handling.
  (1) After sanitizing, all containers, utensils, and equipment must be handled in such manner as to prevent contamination of any milk product-contact surfaces, including farm holding or cooling tank openings, and outlets.
  (2) Any sanitized milk product-contact surface exposed to contamination must be cleaned and sanitized before use.
(n) Milking flanks, udders, and teats.
  (1) Milking must be done in the milking barn, stable, parlor, or AMI.
  (2) The flanks, udders, bellies, and tails of all milking animals must be free from visible dirt and other debris.
  (3) The hair on the udders shall be of such length that it is not incorporated with the teat in the inflation during milking.
  (4) All brushing must be completed before milking.
  (5) The udders and teats of all milking animals shall be cleaned and treated with an approved sanitizing solution just before the time of milking and must be dry before milking.
  (6) Wet hand milking is prohibited.
(o) Milking--surcingles, milk stools, and antikickers.
  (1) Surcingles, milk stools, and antikickers must be kept clean and stored above the floor in a clean place in the milking barn, stable, parlor, or milkhouse when not in use.
  (2) Milk stools must not be padded and must be constructed to be easily cleaned.
(p) Protection from contamination.
  (1) Equipment and operations within the milking barn, AMI, and milkhouse shall be located to prevent overcrowding or contamination of cleaned and sanitized containers or utensils.
  (2) No milk shall be strained, poured, transferred, or stored unless it is properly protected from contamination.
  (3) During milking, pipelines and equipment used to contain milk and milk products must be effectively separated from tanks or circuits containing cleaning and sanitizing solutions.
  (4) All milk which has overflowed, leaked, spilled, or been improperly handled must be discarded.
  (5) All milk product-contact surfaces or containers, equipment, and utensils must be covered or otherwise protected to prevent the access of insects, dust, condensation, and other contamination.
  (6) All openings, including valves and piping attached to milk storage and transport tanks, pumps, or vats, must be capped or otherwise properly protected. Gravity-type strainers in the milkhouse do not have to be covered.
  (7) Milk pipelines used to convey milk from pre-coolers to the bulk tank must be fitted with effective drip deflectors.
  (8) The receiving receptacle must be raised above the floor or placed at a distance from the cows to protect it against manure and splash when milk is poured or strained in the milking barn. The receiving receptacle must have a tight-fitting cover, which must be closed except when milk is being poured.
  (9) Each pail or container of milk must be transferred immediately after milking from the milking barn, stable, parlor, or AMI into the milkhouse.
  (10) Pails, cans, and other equipment containing milk must be properly covered during transfer and storage.
  (11) Air under pressure used for the agitation or movement or milk, or being directed at a milk-contact surface, must be free of oil, dust, rust, excessive moisture, extraneous materials, and odor.
  (12) Antibiotics and medicinal products must be stored in a manner that does not contaminate the milk or any milk product-contact surface.
(q) Bottling and capping.
  (1) All bottling and capping must be performed on approved mechanical equipment. Hand capping is allowed, provided:
    (A) milk is withdrawn through the bottom (outlet) valve of the tank, and dipping out of the tank is prohibited;
    (B) containers for transporting milk from tank to filling area are constructed of seamless, stainless steel material, and sanitized before usage; and
    (C) filling of food grade containers is performed in a sanitary manner to preclude possible contamination, and food grade container filling by the consumer is prohibited.
  (2) Returnable food grade containers must be washed, rinsed, and sanitized before filling. Lids for returnable food grade containers must not be reused. Sanitized, food grade containers must be provided by the dairy farm.
    (A) There shall be a separate room with three-compartment wash vat for washing, rinsing, and sanitizing of returnable food grade containers at the dairy farm.
    (B) Single-service food grade containers, returnable food grade containers, and lids must come from a licensed and inspected entity. Single-service food grade containers may not be reused.
    (C) All caps or single-service lids must be kept immersed in a 50 parts per million chlorine solution for a minimum of one minute and immediately placed on the container.
    (D) The operator must wear disposable plastic gloves while filling and capping.
(r) Personnel--hand washing facilities.
  (1) Adequate hand-washing facilities must be provided, maintained in good repair, and located convenient to the milkhouse, milking barn, stable, parlor, AMI, and flush toilet.
  (2) Hand-washing facilities must include:
    (A) a lavatory fixture with hot and cold running water;
    (B) soap or detergent; and
    (C) single-service individual sanitary towels.
  (3) Utensil wash and rinse vats may not be used for hand-washing facilities.
(s) Personnel--cleanliness.
  (1) Employees hands must be washed, clean, and dried with an individual sanitary towel immediately before milking, before performing any milkhouse function, and immediately after the interruption of any of these activities.
  (2) Employees performing any activity inside the milkhouse or milking area shall wear clean outer garments while milking or handling milk, milk containers, utensils, or equipment.
(t) Cooling.
  (1) Raw milk must be cooled to 45 degrees Fahrenheit (7 degrees Celsius) or less within two hours after milking.
  (2) Recirculated cold water used in plate, tubular coolers, or heat exchangers must be from a safe source and protected from contamination. The water shall be tested semiannually and found free of bacteria by an official or officially designated laboratory.
(u) Insect and rodent control.
  (1) Effective measures shall be taken to prevent the contamination of milk, containers, equipment, and utensils by insects and rodents.
  (2) Surroundings must be kept neat, clean, and free of conditions, which might harbor or create conditions conducive to the breeding of insects and rodents.
  (3) During fly season, manure must:
    (A) be spread directly on the fields;
    (B) stored for not more than four days in a pile on the ground surface, and then spread on the fields;
    (C) stored for not more than seven days in an impervious-floored bin, or on an impervious-curbed platform and then spread on the fields;
    (D) stored in a tight-screened and trapped manure shed;
    (E) effectively treated with larvicides; or
Cont'd...
(F) disposed of in any other manner that controls insect breeding.
  (4) Manure packs in loafing areas, stables without stanchions, pen stables, resting barns, wandering sheds, and free-stall housing must be properly bedded and managed to prevent fly breeding.
  (5) Milkrooms must be free of insects and rodents.
  (6) Milkrooms must be effectively protected against the entrance of vermin.
  (7) Exterior milkhouse doors must be tight and self-closing. Screen doors must open outward.
  (8) Insecticides and rodenticides not approved for use in the milkhouse may not be stored in the milkhouse.
  (9) Only insecticides and rodenticides approved for use by the department and registered with the U.S. Environmental Protection Agency may be used for insect and rodent control.
  (10) Insecticides and rodenticides must be applied in accordance with state pesticide law, the manufacturer''s label directions, and to prevent the contamination of milk, milk containers, equipment, utensils, feed, and water.

Source Note: The provisions of this §217.28 adopted to be effective May 17, 2021, 46 TexReg 3128