Header:
TEXAS ADMINISTRATIVE CODE
TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 217. MILK AND DAIRY
SUBCHAPTER B. BULK MILK HAULERS
Date:
08/31/2009
Document:
25 TAC § 217.26 (2011)
§ 217.26. Inspection of Dairy Farms
(a) Each Grade A raw for retail milk dairy farm whose milk is produced and intended for consumption within the State of Texas shall be inspected by the department prior to the issuance of a permit. Following the issuance of a permit, each dairy farm shall be inspected at least two times every six months. Should the violation of any of the requirements set forth in § 217.29 of this title (relating to Sanitation Requirements for Grade A Raw for Retail Milk) be found to exist, the violation will be pointed out to the milk producer and a second inspection shall be required after the time deemed necessary to remedy the violation, but not before the lapse of three days. The reinspection shall be used to determine compliance with the requirements of § 217.29 of this title. Any violation of the same requirements of § 217.29 of this title on such reinspection shall call for permit suspension in accordance with § 217.93 of this title (relating to Enforcement) and/or court action.
(b) One copy of the inspection report shall be provided to the operator, or other responsible person, or be posted in a conspicuous place on an inside wall of the establishment. Said inspection report shall not be defaced and shall be made available to the department upon request. An identical copy of the inspection report shall be filed with the records of the Milk and Dairy Products Division, Texas Department of Health.
(c) Every Grade A raw for retail milk producer shall, upon request of the department, permit access of officially designated persons to all parts of the establishment or facilities to determine compliance with the provisions of these sections. A Grade A raw for retail dairyman shall furnish the department, upon request, for official use only, a true statement of the actual quantities of milk sold, records of inspections, and temperature records.
(d) When a condition is found which constitutes an imminent health hazard, prompt action is necessary to protect the public health; therefore, the department shall suspend the permit immediately. A producer, found violating any requirement must be notified in writing and given a reasonable time to correct the violation(s) before a second inspection is made. The requirement of giving written notice shall be deemed to have been satisfied by the handing to the operator, or by the posting, of an inspection report, as required by this section. After receipt of a notice of violation, but before the allotted time has elapsed, the producer shall have an opportunity to appeal or request an extension of the time allowed for correction.
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