HAR §11-15-45. Animal health

(a) All milk for pasteurization shall be from herds which are located in a modified accredited tuberculosis area as determined by the United States Department of Agriculture; provided that herds located in an area that fails to maintain such an accredited status shall have been accredited by the United States Department of Agriculture as tuberculosis free, or shall have passed an annual tuberculosis test. (b) All milk for pasteurization shall be from herds under a brucellosis eradication program which meets one of the following conditions: (1) Located in a certified brucellosis-free area as defined by the United States Department of Agriculture and enrolled in the testing program for the area; (2) Located in a modified certified brucellosis area as defined by the United States Department of Agriculture and enrolled in the testing program for the area; (3) Meets United States Department of Agriculture requirements for an individually certified brucellosis free herd; (4) Participating in a milk ring testing program which is conducted on a continuing basis at intervals of not less than every three months or more than every six months with individual blood tests on all animals in herds showing suspicious reactions to the milk ring test; or (5) Has an individual blood agglutination test annually with an allowable maximum grade period not exceeding two months. (c) For diseases other than brucellosis and tuberculosis, the director shall require such physical, chemical, or bacteriological tests as the director deems necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings of a licensed veterinarian or a veterinarian in the employment of an official agency of the State of Hawaii. Any diseased animal disclosed by the test shall be disposed of as required by applicable state laws. [Eff. AUG 14 1989] (Auth: HRS §§321-11, 328-8) (Imp: HRS §§321-11, 328-8) §11-15-46 Milk and milk products which may be sold. Only Grade "A" pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; provided that: (1) Upgraded substitute milk or milk products, or upgraded imitation milk or milk products, may likewise be sold, provided the products are prepared and pasteurized in a milk plant conforming with the sanitary requirements of this chapter; or (2) In an emergency, the sale of pasteurized, ultra-pasteurized or aseptically processed milk and milk products made with ungraded milk or milk products may be authorized by the director in which case the products shall be labeled "ungraded." [Eff. AUG 14 1989] (Auth: HRS §§321-11, 328-8) (Imp: HRS §§321-11, 328-8) §11-15-47 Transferring; delivery container; cooling. (a) Except as permitted in this section, no milk producer or distributor shall transfer milk or fluid milk products from one container or tank truck to another on the street, station, transfer station, or milkhouse especially used for that purpose. The dipping or ladling of milk or fluid milk products is prohibited. (b) It shall be unlawful to sell or serve any milk or fluid milk product except in the individual, original container received from the distributor, or from an approved bulk dispenser, or by a method requirement shall not apply to milk for mixed drinks requiring less than one-half pint of milk, or to cream, whipped cream, or half-and-half which is consumed on the premises and which may be served from the original container of not more than one-half gallon capacity, or from a bulk dispenser approved for such service by the director. (c) It shall be unlawful to sell or serve any pasteurized milk or fluid milk product which has not been maintained at a temperature of 45°F(7°C) or less. If containers of pasteurized milk or fluid milk products container shall be properly drained. (d) It shall be the duty of all persons to whom milk or fluid milk products are delivered to clean thoroughly the containers in which the milk or fluid milk products are delivered before returning the containers. (e) Apparatus, containers, equipment and utensils used in the handling, storage, processing or transportation of milk or fluid milk products shall not be used for any other purpose without the permission of the director. [Eff. AUG 14 1989] (Auth: HRS §§321-11, 328-8) (Imp: HRS §§321-11, 328- 8) §11-15-48 Milk and milk products from points beyond the limits of routine inspection. Milk and milk products not produced in the State of Hawaii may be sold in the State of Hawaii, provided they are produced and pasteurized, ultra-pasteurized or aseptically processed under regulations which are substantially equivalent to this chapter and have been awarded an acceptable milk sanitation compliance and enforcement rating made by a state milk sanitation rating officer certified by the United States Food and Drug Administration. [Eff. AUG 14 1989] (Auth: HRS §§321-11, 328-8) (Imp: HRS §§321-11, 328-8)