(a) Requirements for bulk milk hauler/sampler certifications.
  (1) Each hauler/sampler shall complete a comprehensive training program provided by the department, which shall include a course teaching specific procedures necessary to properly handle milk from the dairy farm to the plant, receiving station, or transfer station. This program shall further include practical field training sufficient to develop a proficient working knowledge of proper bulk milk handling procedures.
  (2) After training has been completed, each hauler/sampler shall pass a qualifying examination administered by the department. Candidates failing the exam with a score of less than 70%, shall be denied permits or licenses until they can achieve a passing score of 70%. The examination should be adequate enough to determine if a bulk milk hauler/sampler is competent. The exam shall be composed of a minimum of 20 total questions broken down into the following areas:
    (A) six questions relating to sanitation and personal cleanliness;
    (B) six questions relating to sampling and weighing procedures;
    (C) four questions relating to equipment, including proper use, care, cleaning, etc.; and
    (D) four questions relating to proper record keeping requirements.
  (3) An industry sponsored training program may be used in lieu of this program, provided that:
    (A) such training program meets or exceeds the minimum standards and requirements set forth in these regulations;
    (B) the department has issued a letter indicating the acceptance of the training program; and
    (C) the qualifying examination is administered by the department.
  (4) Bulk milk haulers/samplers successfully qualifying by examination and who have been satisfactorily evaluated in the field will be certified by the department to perform milk hauler/sampler duties. Only those milk haulers/samplers having certification issued by the department or by the authorized Regulatory Agency of another state will be allowed to remove milk from a farm bulk milk tank and collect milk samples for laboratory examination.
  (5) All official milk samplers, including bulk milk haulers/samplers, shall be evaluated at least once every 24 months by the department or by the authorized Regulatory Agency of another state.
  (6) The department may issue temporary hauler/sampler certifications in emergency situations without the prescribed examinations, evaluation and training program, provided acceptable certification of competence is made by the employer of the individual. A temporary permit is only valid for 30 days.
  (7) The department may suspend a hauler/sampler certification when, upon investigation, the department finds a violation of any of the following:
    (A) this subchapter; or
    (B) §217.2 of this title (relating to Grade A Pasteurized Milk Ordinance).
(b) Procedure and Handling Requirements.
  (1) Each bulk milk pickup tanker shall be supplied with sanitized sample bottles or bags, other sampling equipment, and supplies necessary, as required in §217.2 of this title to clean and sanitize multi-use equipment used in sampling and pickup operations.
  (2) All bulk milk haulers operating bulk milk pickup tankers shall make available to the department upon request a copy of the load manifest and a current list of producers for each route pickup load with the following information:
    (A) the producer name and number in the order of milk pickup;
    (B) the time of arrival at each dairy;
    (C) the time of arrival at the unloading station;
    (D) the name and address of the unloading station; and
    (E) the hauler/sampler name and driver's license number.

Source Note: The provisions of this §217.61 adopted to be effective July 4, 2010, 35 TexReg 3038