Sec.22-133-130. Retail raw milk and retail raw milk cheese. Sampling frequency, notification, investigations, recalls and enforcement

(a) The commissioner or the commissioner's designated agent may collect samples of retail raw milk and retail raw milk cheese produced once per month. Sampling frequency may be increased whenever the commissioner or the commissioner's designated agent has a valid reason to increase the sampling frequency or whenever a standard established in section 22-133-129 of the Regulations of Connecticut State Agencies has been violated.

(b) The tests conducted on retail raw milk and retail raw milk cheese include, but are not limited to, the standard plate count, the direct microscopic cell count, the detection of drugs and other inhibitors, the detection of human pathogens, and the coliform bacteria count.

(c) Upon receipt of notification that retail raw milk or retail raw milk cheese violates standards established in section 22-133-129 of the Regulations of Connecticut Sate Agencies, the producer shall investigate the cause of the violation and prepare a written explanation, describing the cause and the corrective action taken. The written explanation and description of the corrective actions taken shall be completed within fifteen (15) days of the notification and kept on file by the retail raw milk producer or retail raw milk cheese manufacturer for one year and shall be available for inspection.

(d) In addition to section 22-133-130(c) of the Regulations of Connecticut State Agencies, whenever retail raw milk or retail raw milk cheese is found to have a coliform colony count exceeding one hundred fifty (150) colonies per milliliter (ml) the commissioner may prevent the sale and cause to be destroyed all contaminated retail raw milk or retail raw milk cheese in accordance with sections 22-129 and 22-129a of the Connecticut General Statutes, until an investigation by the commissioner or the commissioner's designated agent determines the retail raw milk or retail raw milk cheese produced at that facility complies with sections 22-133-124 through 22-133-129, inclusive, of the Regulations of Connecticut State Agencies.

(e) The confirmed presence of human pathogens in retail raw milk and retail raw milk cheese shall be considered an imminent public health threat. The commissioner shall prevent the sale and cause to be destroyed all contaminated retail raw milk or retail raw milk cheese in accordance with sections 22-129 and 22-129a of the Connecticut General Statutes. The producer may be required to initiate a product recall. The retail raw milk producer or retail raw milk cheese manufacturer shall make available to the commissioner or the commissioner's designated agent the names and contact information of all known consumers, distributors and retail sales outlets.

(Adopted effective October 1, 2005)