Sec.22-203c-8. Intrastate dealers and retail raw milk producers. Testing of milk for the presence of drug residues or other inhibitory substances

(a) All retail raw milk producers and intrastate dealers with a herd of ten (10) or fewer milking aged animals shall keep records of the administration of any drug(s) including dry animal treatments, to milking age animals. Records shall be in a form and kept in a manner acceptable to the commissioner or the commissioner's designated agent. The record shall be kept on the premises for twelve (12) months and shall be available for inspection. The record shall include:

(1) The name of the drug(s);

(2) Date of the treatment;

(3) Name of person administering the treatment;

(4) The identification of the animal(s) treated;

(5) Milk withholding period;

(6) Date the milk was offered for sale after the withholding period has ended; and

(7) When the manufacturer of a drug does not provide directions for use or the withholding time or the drug is restricted to use by prescription only, the record shall also include the name of the prescribing veterinarian, the veterinarian's prescribed withholding time, any cautionary statements and the veterinarian's prescribed directions for use.

(b) All retail raw milk producers and intrastate dealers with a herd of more than ten (10) milking aged animals and intrastate dealers who receive milk from a farm or farms other than their own, shall comply with the following:

(1) Each tank of milk shall be tested before any unloading or processing has begun;

(2) The test used to detect the presence of drug residues or other inhibitory substances shall be approved by the commissioner and capable of detecting drug(s) or other inhibitory substance(s) at and above the tolerance levels established by the US Food and Drug Administration;

(3) Testing areas shall have adequate lighting, be clean and well ventilated;

(4) Records shall include the date of the test, name of person conducting the test, identification of the tank, bulk truck or trailer or the producer, results of the test, and the disposition of the milk. Records shall be in a format acceptable to the commissioner, shall be kept for twelve (12) months on the premises and shall be available for inspection;

(5) The commissioner shall be notified of any positive test result within four hours of the test. Notification of positive test results may be by telephone, facsimile or other means acceptable to the commissioner;

(6) All test materials and test instructions shall be kept in the testing area and shall be available for inspection; and

(7) All test equipment and supplies shall be properly stored according to the manufacturer's instructions.

(Adopted effective October 1, 2005)