Title 20, Public Health and Welfare

(a) (1) The State Board of Health is authorized and empowered to appoint such deputies and office assistants as in its judgment may be deemed necessary to fully carry out the provisions of this subchapter.(2) The board is authorized and empowered to fix their compensation and to …

(a) It shall be the duty of the State Board of Health of the Department of Health, and it is authorized and empowered through its constituted officers and agents as set out in this section, to perform the following acts. However, any aggrieved party shall have the right to apply …

(a) A dairy products plant manufacturing, processing, or packaging any dairy products other than those listed in § 20-59-207 as frozen desserts shall be required to have a dairy plant license. (b) Every person buying or receiving milk, cream, or dairy products for manufacturing, …

(a) For purposes of licensing, a dairy plant manufacturing or packaging frozen dessert such as ice cream, ice cream mix, ice milk, ice milk mix, frozen malted milk, frozen custard, ice or ice sherbets, and novelties shall be licensed as a frozen dessert manufacturer. (b) Any pers…

(a) Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported but where packaging, processing, or manufacturing does not occur shall be required to have an annual receiving or transfer plant license for each locat…

(a) For a mellorine plant making, processing, manufacturing, freezing, or packaging mellorine or mellorine mix, the method for determining the license fee for a mellorine manufacturer's license shall be based on the gallons of mix or the finished products manufactured or sold the…

(a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, in or on each milk transport tank truck, a licensed milk sampler and grader. (b) Applications to become a licensed sampler and grader s…

(a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, a licensed milk tester to make the official analysis, and no other person shall be allowed to make the tests in any creamery, cheese fa…

(a) Permits to operate milk, ice cream, and dairy product plants, as defined in §§ 20-59-206 — 20-59-211, shall be issued for one (1) year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchap…

(a) It is required that all dairy products as defined by § 20-59-201(2) shipped into this state from another state shall meet the sanitary standards, definitions, and requirements of Arkansas law and the rules promulgated by the State Board of Health. (b) The board is authorized …

(1) It shall be unlawful to handle, process, freeze, or manufacture milk and dairy products except in sanitary dairy products plants and under sanitary conditions. Any dairy product plant in which dairy products of any kind are manufactured or any store or salesroom, excepting a …

It shall be unlawful, in determining the value of milk, cream, or other dairy products by the use of the Babcock test, to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products ac…

It shall be unlawful to use other than the Babcock method or such method of testing as may be approved by AOAC International or the American Dairy Science Association when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream t…

It shall be unlawful to use other than torsion balance scales or such scales as may be approved by AOAC International or the American Dairy Science Association when weighing cream for testing, when the tests are to be used as a basis for making payment for the cream.

It shall be improper to use other than standard types of centrifuges approved by AOAC International or the American Dairy Science Association.

It shall be unlawful to use other than specifications for apparatus and chemicals and directions for testing milk and cream which conform to those adopted by AOAC International or the American Dairy Science Association with such additions as are deemed advisable to make them appl…

It shall be unlawful for any person to use any test tube, bottle, pipette, or instrument in connection with the test which is not perfectly clean.

It shall be unlawful to maintain milk and cream tests at temperatures other than one hundred thirty degrees to one hundred forty degrees Fahrenheit (130°–140°F) for at least five (5) minutes before the reading of the percent of butterfat is made and recorded. In maintaining this …

It shall be unlawful to read the percent of butterfat in cream tests without the correct use of gylmol or similar oils.

It shall be unlawful to handle milk, cream, butter, frozen desserts, or other dairy products in unclean or insanitary places, or in any insanitary manner, or to keep, store, or prepare for market any cream, milk, or other dairy products in the same enclosure with any hide or fur …

It shall be unlawful in all cases to sell or offer for sale milk or cream from diseased or unhealthy animals, as certified to be unhealthy or diseased by the State Veterinarian; milk, cream, or any of their derivatives handled by any person suffering from or coming in contact wit…

It shall be unlawful to sell or offer or expose for sale anywhere in this state, milk, cream, or other dairy products containing any preservatives of any kind whatsoever except common salt or sugar for flavoring purposes only or that shall not comply with the standards provided i…

It shall be unlawful to remove or deface any tags or labels which have been attached by the Secretary of the Department of Health or his or her deputies to a receptacle containing cream, milk, or other dairy products.

It shall be unlawful to make and offer for sale butter or frozen desserts unless all dairy products used in their manufacture are pasteurized except in the case of butter made by a dairy farmer who produces a majority of the milk or cream he or she uses.

It shall be unlawful to sell, keep for sale, expose, or offer for sale any milk products or other dairy products which shall not conform at least to the minimum standards provided in this subchapter.

It shall be unlawful to purchase or receive cream for buttermaking purposes except on the basis of the following grades: Sweet cream, first grade and second grade. Every person shall buy or receive cream on a grade basis, and each grade shall be kept and shipped so as to arrive w…

It shall be unlawful to purchase raw cream or milk without applying a mold or sediment test, monthly or more often if necessary, to each patron's cream or milk, whether purchased by truck route, cream station, direct shipment, or delivered directly to a dairy products plant.

It shall be unlawful to fail to invert empty cream and milk cans on racks located inside of cream stations.

It shall be unlawful for all cream buyers to purchase cream without keeping a careful record of all cream bought as first grade and second grade, and they shall render the report regularly to the creamery or factory receiving the cream. Creameries shall report the above informati…

It shall be unlawful for all persons collecting milk or cream on routes to do any sampling, testing, or grading en route. All sampling, testing, and grading must be done in a licensed milk or cream station or a dairy manufacturing plant. No pouring from one can to another shall b…

It shall be unlawful for any person, firm, or corporation to operate a dairy products plant, including milk and cream stations, or freeze or manufacture frozen desserts, or operate a condensery depot within the State of Arkansas without having first secured a permit, except as pr…

(1) It shall be unlawful for any person, firm, or corporation to sell, exhibit, or offer for sale skim milk cheese as defined in § 20-59-201(3)(C) without the following labeling:(1) Skim milk cheese or part-skim milk cheese shall be stamped with dark-colored purple vegetable ink …

It shall be unlawful for any person, firm, or corporation to remove or deface the required labeling on skim milk cheese except as is unavoidable in its final sale.

It shall be unlawful to renovate butter or cheese without pasteurizing all such products at the time of renovation.

It shall be unlawful to sell, offer for sale, or store renovated or process butter without labeling the product with the words “RENOVATED BUTTER” on the outside of the carton, wrap, or container in which it is placed for final sale in letters at least as large as any other printi…

It shall be unlawful to sell ice cream or ice milk in factory-filled package form unless it is labeled with the printed name of the manufacturer, the wholesale distributor, or the retailer. No person shall sell or offer or expose for sale ice milk unless contained in a package or…

(a) It shall be unlawful to sell ice milk unless all containers are conspicuously so labeled. (b) Places where ice milk is sold at retail shall display a conspicuous legible sign containing the words “ICE MILK SOLD HERE” in plain block letters not less than six inches (6″) high.

It shall be unlawful to sell or transport ice cream mix to another location for manufacture or freezing except in sealed containers that cannot be opened without breaking the seal, and the label shall be securely attached to the container and shall show the name of the manufactur…

It shall be unlawful for any dairy products plant to produce, manufacture, freeze, process, sell, expose, or offer for sale any frozen dessert having a bacteria count on three (3) consecutive tests of more than one hundred thousand (100,000) bacteria per gram.

It shall be unlawful to label, sell, or offer for sale any milk as graded milk unless the grade is officially awarded by the Secretary of the Department of Health having jurisdiction in accordance with the provisions of the United States Public Health Service Standard Milk Ordina…

It shall be unlawful to label, sell, or offer for sale as pasteurized any milk unless it has been pasteurized in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code under a permit issued by the Secretary of the Department of …

It shall be unlawful to sell or offer for sale any milk or milk product in bottles or other original containers for final consumption unless the bottle or container has a cap or cover with the name of the dairy products plant distributor printed thereon. The use or sale of mispri…

(a) Every dairy which produces milk or cream to be used for manufacturing purposes shall be required to procure from the Secretary of the Department of Health a manufacturing milk permit. (b) Any dairy may obtain a manufacturing milk permit by paying an annual permit fee of twent…

(a) All fees and fines collected under this subchapter are special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health. (b) Subject to…

(a) As used in this section:(1) “Locally produced whole milk products” means whole milk that has been produced on an Arkansas farm;(2) “Raw milk” means goat milk, sheep milk, and whole milk that has not been pasteurized;(3) “Raw milk product” means a consumer product that is the …

Every person, firm, or corporation producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix shall comply with the same rules that govern the production and manufacturing of ice cream and other manufactured milk products, as promulgated by the State …