1998 Minnesota Statutes

     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 dairy plant field 
 service representative 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).  
 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 producer remains eligible only for manufacturing grade 
 until 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.  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, a dairy 
 plant may collect from the responsible producer the value of the 
 contaminated truck load of milk.  If the amount collected by the 
 plant is less than two days of milk production on that farm, 
 then the commissioner must assess the difference as a civil 
 penalty payable by the plant or marketing organization on behalf 
 of the responsible producer. 

    (2) For the second violation in a 12-month period, a dairy 
 plant may collect from the responsible producer the value of the 
 contaminated truck load of milk.  If the amount collected by the 
 plant is less than four days of milk production on that farm, 
 then the commissioner must assess the difference as a civil 
 penalty payable by the plant or marketing organization on behalf 
 of the responsible producer. 

    (3) For the third violation in a 12-month period, a dairy 
 plant may collect from the responsible producer the value of the 
 contaminated load of milk.  If the amount collected by the plant 
 is less than four days of milk production on that farm, then the 
 commissioner must assess the difference as a civil penalty 
 payable by the plant or marketing organization on behalf of the 
 responsible producer.  The commissioner 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.  The department shall suspend the producer's 
 permit and count the violation on the producer's record.  The 
 producer remains eligible only for manufacturing grade until the 
 producer reviews the "Milk and Dairy Beef Residue Prevention 
 Protocol" with a licensed veterinarian.  To maintain a permit or 
 certification to market milk, this program must be reviewed 
 within 30 days. 

    (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 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. 

    HIST: (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