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32.21 ADULTERATED DAIRY PRODUCTS.
    Subdivision 1. Purchase and sale prohibition. A person may not sell or knowingly buy
adulterated dairy products.
    Subd. 2. Manufacture of food for human consumption from adulterated milk or cream
prohibited. An article of food for human consumption may not be manufactured from adulterated
milk or cream, except as provided in section 32.22 or the federal Food, Drug, and Cosmetic Act,
United States Code, title 21, section 301 et seq., and related federal regulations.
Prior to processing milk, all bulk milk pickup tankers must be tested for the presence of beta
lactum drug residues and for other residues as determined necessary by the commissioner. Test
methods must be those approved by the Association of Analytical Chemists (AOAC) or under the
AOAC C2 program. Bulk milk tankers testing positive must be reported to the commissioner
or the commissioner's agent within 24 hours. This report must include how and where the milk
was disposed of, the volume, the responsible producer, and the possible cause of the violative
residue. All milk sample residue results must be recorded and retained for examination by the
commissioner or the commissioner's agent for six months by the receiving plant. Milk received
from a producer in other than a bulk milk pickup tanker is also subject to this section.
    Subd. 3. Adulterated milk. For purposes of this section and section 32.22, milk is
adulterated if it:
(1) is drawn in a filthy or unsanitary place;
(2) is drawn from unhealthy or diseased cows;
(3) is drawn from cows that are fed garbage or an unwholesome animal or vegetable
substance;
(4) is drawn from cows within 15 days before calving, or five days after calving;
(5) contains water in excess of that normally found in milk;
(6) contains a substance that is not a normal constituent of the milk except as allowed in
this chapter; or
(7) contains drug residues or other chemical or biological substances in amounts above the
tolerances or safe levels established by rule or under section 32.415.
    Subd. 4. Penalties. (a) A person, other than a milk producer, who violates this section is
guilty of a misdemeanor or subject to a civil penalty up to $1,000.
(b) A milk producer may not change milk plants within 30 days, without permission of the
commissioner, after receiving notification from the commissioner under paragraph (c) or (d) that
the milk producer has violated this section.
(c) A milk producer who violates subdivision 3, clause (1), (2), (3), (4), or (5), is subject to
clauses (1) to (3) of this paragraph.
(1) Upon notification of the first violation in a 12-month period, the producer must meet with
the qualified dairy sanitarian to initiate corrective action within 30 days.
(2) Upon the second violation within a 12-month period, the producer is subject to a civil
penalty of $300. The commissioner shall notify the producer by certified mail stating the penalty
is payable in 30 days, the consequences of failure to pay the penalty, and the consequences
of future violations.
(3) Upon the third violation within a 12-month period, the producer is subject to an additional
civil penalty of $300 and possible revocation of the producer's permit or certification. The
commissioner shall notify the producer by certified mail that all civil penalties owed must be paid
within 30 days and that the commissioner is initiating administrative procedures to revoke the
producer's permit or certification to sell milk for at least 30 days.
(d) The producer's shipment of milk must be immediately suspended if the producer is
identified as an individual source of milk containing residues causing a bulk load of milk to test
positive in violation of subdivision 3, clause (6) or (7). The Grade A or manufacturing grade
permit must be converted to temporary status for not more than 30 days and shipment may resume
only after subsequent milk has been sampled by the commissioner or the commissioner's agent
and found to contain no residues above established tolerances or safe levels.
The Grade A or manufacturing grade permit may be restored if the producer completes the
"Milk and Dairy Beef Residue Prevention Protocol" with a licensed veterinarian, displays the
signed certificate in the milkhouse, and sends verification to the commissioner within the 30-day
temporary permit status period. If the producer does not comply within the temporary permit
status period, the Grade A or manufacturing grade permit must be suspended. A milk producer
whose milk supply is in violation of subdivision 3, clause (6) or (7), and has caused a bulk load to
test positive is subject to clauses (1) to (3) of this paragraph.
(1) For the first violation in a 12-month period, the penalty is the value of all milk on the
contaminated load plus any costs associated with the disposition of the contaminated load. Future
pickups are prohibited until subsequent testing reveals the milk is free of drug residue. A farm
inspection must be completed by a qualified dairy sanitarian and the producer to determine the
cause of the residue and actions required to prevent future violations.
(2) For the second violation in a 12-month period, the penalty is the value of all milk on
the contaminated load plus any costs associated with the disposition of the contaminated load.
Future pickups are prohibited until subsequent testing reveals the milk is free of drug residue. A
farm inspection must be completed by the regulatory agency or its agent to determine the cause of
the residue and actions required to prevent future violations.
(3) For the third violation in a 12-month period, the penalty is the value of all milk on
the contaminated load plus any costs associated with the disposition of the contaminated load.
Future pickups are prohibited until subsequent testing reveals the milk is free of drug residue.
The commissioner or the commissioner's agent shall also notify the producer by certified mail
that the commissioner is initiating administrative procedures to revoke the producer's right to
sell milk for a minimum of 30 days.
(4) If a bulk load of milk tests negative for residues and there is a positive producer sample
on the load, no civil penalties may be assessed to the producer. The plant must report the positive
result within 24 hours and reject further milk shipments from that producer until the producer's
milk tests negative. A farm inspection must be completed by the plant representative and the
producer to determine the cause of the residue and actions required to prevent future violations.
The department shall suspend the producer's permit and count the violation on the producer's
record. The Grade A or manufacturing grade permit must be converted to temporary status for
not more than 30 days during which time the producer must review the "Milk and Dairy Beef
Residue Prevention Protocol" with a licensed veterinarian, display the signed certificate in the
milkhouse, and send verification to the commissioner. If these conditions are met, the Grade A
or manufacturing grade permit must be reinstated. If the producer does not comply within the
temporary permit status period, the Grade A or manufacturing grade permit must be suspended.
(e) A milk producer that has been certified as completing the "Milk and Dairy Beef Residue
Prevention Protocol" within 12 months of the first violation of subdivision 3, clause (7), need
only review the cause of the violation with a field service representative within three days to
maintain Grade A or manufacturing grade permit and shipping status if all other requirements of
this section are met.
(f) Civil penalties collected under this section must be deposited in the milk inspection
services account established in this chapter.
History: (3811) 1921 c 495 s 22; 1961 c 147 art 5 s 1; 1967 c 219 s 2; 1985 c 93 s 1; 1987
c 20 s 1; 1990 c 511 s 4; 1992 c 602 s 3; 1996 c 407 s 26; 1999 c 231 s 67; 2000 c 385 s 1;
1Sp2001 c 2 s 57; 2003 c 107 s 21