(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). In addition, for certain other equipment, the following requirements shall be met.
  (1) Evaporators and vacuum pans. All equipment used in the removal of moisture from milk or milk products for the purpose of concentrating the solids shall meet the requirements of the 3-A Sanitary Standards for Milk and Milk Products Evaporators and Vacuum Pans. All new or used replacements for this type of equipment shall meet the appropriate 3-A Sanitary Standards.
  (2) Fillers. Both gravity-and vacuum-type fillers shall be of sanitary design and all product-contact surfaces, if metal, shall be made of stainless steel or equally corrosion-resistant material; except that certain evaporated milk fillers having brass parts shall be approved by the department if free from corroded surfaces and kept in good repair. Nonmetallic product-contact surfaces shall meet the requirements for 3-A Sanitary Standards for Rubber and Rubberlike Materials or for Multiple-Use Plastic Materials. Fillers shall be designed so that they will contaminate or detract from the quality of the product being packaged.
  (3) Batch or continuous in-container sterilizers shall be equipped with accurate temperature controls and effective valves to regulate the sterilization process. The equipment shall be maintained in such a manner to ensure control of the length of time of processing and to minimize the number of damaged containers.
  (4) Homogenizers, where applicable, shall be used to reduce the size of the fat particles and to evenly disperse them in the product. New homogenizers shall meet the applicable 3-A Sanitary Standards.
(b) Operations and operating procedures regarding pasteurization. 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 as will 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) Filling containers.
  (1) The filling of small containers with product shall be done in a sanitary manner. The containers shall not contaminate or detract from the quality of the product. After filling, the container shall be hermetically sealed.
  (2) Bulk containers for unsterilized product shall protect the product from contamination in storage or transit. The bulk container (including bulk tankers) shall be cleaned and sanitized before filling and filled and closed in a sanitary manner.
(d) Storage. Facilities shall be provided for the storage and handling of finished product.

Source Note: The provisions of this §217.79 adopted to be effective July 4, 2010, 35 TexReg 3038