(a) Rooms and compartments - Coolers and freezers. The coolers and freezers shall be equipped with facilities for maintaining temperature and humidity conditions to protect the quality and condition of the products during storage or during tempering prior to further processing. Coolers and freezers shall be kept clean, orderly, free from insects, rodents, and mold, and maintained in good repair. Coolers and freezers shall be adequately lighted and proper circulation of air shall be maintained at all times. The floors, walls, and ceilings shall be of such construction as to permit thorough cleaning.
(b) Churn rooms. Churn rooms, in addition to meeting standards of proper construction and sanitation, shall be equipped to ensure that the air is kept free from odors and vapors by means of adequate ventilation and exhaust systems or air conditioning and heating facilities.
(c) Print and bulk packaging rooms. Rooms used for packaging print or bulk butter and related products shall, in addition to meeting standards of proper construction and sanitation, provide an atmosphere relatively free from mold (no more than 10 mold colonies per cubic foot of air), dust or other airborne contamination and be maintained at a reasonable room temperature.
(d) Equipment and utensils - General construction, repair, and installation. All equipment and utensils necessary to the manufacture of butter and related products shall meet the same general requirements as outlined in §217.74 of this title (relating to Requirements for Milk Plants Producing Dairy Products). In addition, the following requirements shall be met for other equipment.
  (1) Continuous churn. All product-contact surfaces shall be of non-corrosive material. All nonmetallic product-contact surfaces shall comply with 3-A Standards for Plastic, Rubber, and Rubber-Like Materials. All product-contact surfaces shall be readily accessible for cleaning and inspection.
  (2) Conventional churn. Churns shall be constructed of aluminum, stainless steel or equally corrosion-resistant metal, free from cracks, and in good repair. All gasket material shall be fat resistant, nontoxic and durable. Seals around the churn doors shall be tight.
  (3) Bulk butter trucks, boats and packers. Bulk butter trucks, boats and packers shall be constructed of aluminum, stainless steel or equally corrosion-resistant metal free from cracks, seams and must have a surface that is smooth and easily cleanable.
  (4) Butter, frozen or plastic cream melting machine. Shavers, shredders or melting machines used for rapid melting of butter, frozen or plastic cream shall be of stainless steel or equally corrosion-resistant metal, sanitary construction, and readily cleanable in accordance with 3-A Sanitary Standards.
  (5) Printing equipment. All printing equipment shall be designed to be readily demountable for cleaning of product-contact surfaces. All product-contact surfaces shall be aluminum, stainless steel or equally corrosion-resistant metal, or plastic, rubber and rubber like material which meet 3-A Standards, except that conveyors may be constructed of material which can be properly cleaned and maintained in good repair.
  (6) Brine tanks. Brine tanks used for the treating of parchment liners shall be constructed of non-corrosive material and have an adequate and safe means of heating the salt solution for the treatment of the liners. The tank shall also be provided with a drainage outlet.
  (7) Starter vats. Bulk starter vats shall be of stainless steel or equally corrosion-resistant metal and constructed according to applicable 3-A Sanitary Standards. The vats shall be in good repair, equipped with tight-fitting lids, and have temperature controls.
(e) Operations and operating procedures for pasteurization. The milk or cream shall be pasteurized at the plant where the milk or cream is processed into the finished product.
  (1) Cream for buttermaking. The cream for buttermaking shall be pasteurized at a temperature of not less than 165 degrees Fahrenheit for not less than 30 minutes or at a minimum temperature of not less than 185 degrees Fahrenheit for not less than 15 seconds. 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 the Food and Drug Administration (FDA) as provided in 21 U.S.C. §343(h)(3) of the Federal Food, Drug and Cosmetic Act (FFDCA). Only such FDA recognized processes and no other shall be considered by the department.
  (2) Cream for plastic or frozen cream. The pasteurization of cream for plastic or frozen cream shall be accomplished in the same manner as in subsection (a) of this section, except that the temperature for the vat method shall be not less then 170 degrees Fahrenheit for not less than 30 minutes, or not less than 190 degrees Fahrenheit for not less than 15 seconds. 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 FFDCA. Only such FDA recognized processes and no other shall be considered by the department.
(f) Composition and wholesomeness. All ingredients used in the manufacture of butter and related products shall be subject to inspection and shall be wholesome and free from impurities. Chlorinating facilities shall be provided for butter wash water if needed, and all other precautions shall be taken to prevent contamination of products.
(g) Containers.
  (1) Containers used for the packaging of butter and related products shall be containers or packaging material that will protect the quality of the contents in regular channels of trade. Caps or covers which extend over the lip of the container shall be used on all cups or tubs containing two pounds or less to protect the product from contamination during subsequent handling.
  (2) Liners and wrappers.
    (A) Supplies of parchment liners, wrappers, and other packaging material shall be protected against dust, mold, and other possible contamination.
    (B) Prior to use, parchment liners for bulk butter packages shall be completely immersed in a boiling salt in a container constructed of stainless steel or other equally noncorrosive material. The liners shall be maintained in the solution for not less than 30 minutes. The solution should consist of at least 15 pounds of salt for every 85 pounds of water and shall be strengthened or changed as frequently as necessary to keep the solution full strength and in good condition.
    (C) Other liners such as polyethylene shall be treated or handled in such a manner as to prevent contamination of the liner prior to filling.
  (3) Filling bulk butter containers. The lined butter containers shall be protected from possible contamination prior to filling.
  (4) Printing and packaging. Printing and packaging of consumer size containers of butter shall be conducted under sanitary conditions.
  (5) General identification. Commercial bulk shipping containers shall be legibly marked with the name of the product, net weight, name and address of manufacturer, processor or distributor or other assigned plant identification (manufacturer's lot number, churn number, etc.). Packages of plastic or frozen cream shall be marked with the percent of milkfat.
  (6) Storage of finished product in coolers. All products shall be kept under refrigeration at temperatures of 40 degrees Fahrenheit or lower after packaging and until ready for distribution or shipment. The products shall not be placed directly on floors or exposed to foreign odors or conditions such as drippage due to condensation which might cause package or product damage.
  (7) Storage of finished product in freezer.
    (A) Sharp freezers. Plastic cream or frozen cream intended for storage shall be placed in quick freezer rooms immediately after packaging, for rapid and complete freezing within 24 hours. The packages shall be piled or spaced in such a manner that air can freely circulate between and around the packages. The rooms shall be maintained at -10 degrees Fahrenheit or lower and shall be equipped to provide sufficient high-velocity air circulation for rapid freezing. After the products have been completely frozen, they may be transferred to a freezer storage room for continued storage.
    (B) Freezer storage.
      (i) The room shall be maintained at a temperature of 0 degree Fahrenheit or lower. Adequate air circulation is desirable.
      (ii) Butter intended to be held more than 30 days shall be placed in a freezer room as soon as possible after packaging. If not frozen before being placed in the freezer, the packages shall be spaced in such a manner as to permit rapid freezing and repiled, if necessary, at a later time.

Source Note: The provisions of this §217.76 adopted to be effective July 4, 2010, 35 TexReg 3038