(a) Sanitation and construction requirements. Facility and equipment shall be constructed and maintained in compliance with §217.74 of this title (relating to Requirements for Milk Plants Producing Dairy Products) and the most current revision of the "Grade A Pasteurized Milk Ordinance" which is adopted by reference in §217.2 of this title (relating to Grade A Pasteurized Milk Ordinance).
(b) Operations and operating procedures for pasteurization. All milk, buttermilk, and whey used in the manufacture of dry dairy products shall be pasteurized at the plant where dried, except that condensed whey and acidified buttermilk containing 40% or more solids may be transported to another plant for drying without repasteurization. When pasteurization is required, or when a product is designated "pasteurized," every particle of the milk or milk product shall be subjected to such temperatures and holding periods in properly designed and operated equipment to ensure proper pasteurization of the product in accordance with the most current revision of the "Grade A Pasteurized Milk Ordinance." Provided, that nothing shall be construed as barring any other process found equivalent to pasteurization for milk and milk products, which has been recognized by FDA as provided in 21 U.S.C. §343(h)(3) of the Federal Food, Drug and Cosmetic Act. Only such FDA recognized processes and no other shall be considered by the department.
(c) Product adulteration. All necessary precautions shall be taken throughout the entire operation to prevent the adulteration of one product with another. The commingling of one type of liquid or dry product with another shall be considered an adulteration of both products. This does not prohibit the standardization of like products or the production of specific products for special uses provided labeling requirements are met as set forth in 21 Code of Federal Regulations, Parts 133 and 135.
(d) Checking quality. All milk products and dry milk products shall be subject to inspection and analysis by the dairy plant for quality and condition throughout each processing operation. Line samples shall be taken as an aid to quality control in addition to the regular routine analysis made on the finished products.
(e) Requirements for instant nonfat dry milk.
  (1) Sampling and testing. All instant nonfat dry milk offered for sale shall be sampled and tested by the department routinely for the purpose of ensuring that the product meets requirements in accordance with the most current edition of "Standard Methods for the Examination of Dairy Products" of the American Public Health Association, as defined in §217.1 of this title (relating to Definitions).
  (2) Requirements for instant nonfat dry milk.
    (A) Flavor and odor. The flavor and odor shall be sweet, pleasing and desirable but may possess the following flavors to a slight degree:
      (i) chalky;
      (ii) cooked;
      (iii) feed; or
      (iv) flat.
    (B) Physical appearance. The physical appearance shall possess a uniform white to light cream natural color and shall be free-flowing and free from lumps except those that readily break up with very slight pressure.
    (C) Bacterial estimate. The standard plate count shall not be more than 30,000 per gram.
    (D) Coliform count. The coliform count shall not be more than 10 per gram.
    (E) Milkfat content. The milkfat shall not be more than 1.25%.
    (F) Moisture count. The moisture shall not be more than 4.5%.
    (G) Scorched particle content. Scorched particles shall not be more than 15 milligrams per gram.
    (H) Solubility index. The solubility index shall not be more than 1 milliliter.
    (I) Titratable acidity. The titratable acidity shall not be more than 0.15%.
    (J) Dispersibility. The dispersibility shall not be less than 85%.
    (K) Direct microscopic clump count. The direct microscopic clump count shall not be more than 75 million per gram.

Source Note: The provisions of this §217.75 adopted to be effective July 4, 2010, 35 TexReg 3038