North Dakota Administrative Code

1. The results of all raw milk testing done for regulatory purposes by industry laboratories must be reported to the commissioner weekly. When a test shows the presence of adulterants, the commissioner must be informed immediately. 1 2. Records on sampling, testing, or grading of…

A composite sample used to test butterfat and protein must consist of a minimum of twenty milliliters made up of a representative sample from each delivery of milk or cream to the plant. A minimum of ten milliliters of milk from each delivery must be included in the composite sam…

When a dispute exists between the buyer and seller of raw milk as to the amount of milk being removed from farm bulk milk tanks, the buyer or seller may contact the commissioner who may review the matter and supply a recommended resolution to the buyer and seller. History: Effect…

All sampling equipment must comply with requirements in the standard methods. Certified thermometers must be used to take samples. Certified thermometers must be accurate within two degrees Fahrenheit [1.11 degrees Celsius]. Their accuracy must be checked once during a six-month …

Individuals licensed to sample milk at farms shall follow the procedures in the North Dakota milk hauler and sampler manual, issued by the commissioner. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-26

1. Plant storage tanks used for storing raw milk without sampling cocks must be sampled using the procedures described in the North Dakota milk hauler and sampler manual, issued by the commissioner. 2. Samples taken from plant storage tanks with sampling cocks must use the follow…

1. All finished product that is to be sampled or tested for regulatory purposes must be collected by the commissioner. Samples must be collected randomly and the older code date must be selected before a more recent code date. 2. Finished product chosen for sampling must be store…

1. Drug testing. a. Raw milk. Prior to processing, the processor must test all bulk milk pickup tankers for the presence of beta lactam drug residues and for other residues as determined necessary by the commissioner. Test methods will be those approved by the association of offi…

1. All dairy farms wishing to sell milk must apply for a farm license. No farm may sell milk without a license. 2. Application for a license must be filed with the commissioner. Soon after receiving the application the commissioner shall inspect the farm and its facilities and pr…

1. To be licensed as a grade A milk farm, the farm must satisfy the following: a. The farm must score a ninety or above during the initial inspection, without any equipment cleaning, major drug labeling, major drug storage, or milk cooling violations. 1 b. The water supply must m…

1. Should the inspection determine that deficiencies exist, causing a score below a ninety without any equipment cleaning, major drug labeling, major drug storage, or milk cooling violations, the farm may not be licensed. 2. The producer shall correct deficiencies before requesti…

1. Application must be made to the commissioner to license temporary facilities for dairy shows, fairs, etc. 2. Temporary facilities must comply with all construction requirements in article 7-03.2 and in North Dakota Century Code chapter 4.1-25 for farm facilities offering raw m…

1. If a grade A farm has three repeat violations that concern the same inspection item, or if the farm scores seventy-five or below in an inspection, it will be downgraded to manufacturing grade status. The commissioner shall notify the milk plant, the milk hauler, and the produc…

Milk offered for sale must be obtained from healthy cows. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-28, 4.1-25-36

1. Milk offered for sale must meet United States department of agriculture regulations. 2. The commissioner will place a producer's raw milk under warning when: a. Two of the last four bacteria counts exceed 500,000 cells/ml. No sooner than three days, nor more than twenty-one da…

1. The farm’s water supply must be properly located, protected, and operated and must be an ample supply and safe for cleaning utensils and equipment. Rural farm water supplies approved by the state department of health are acceptable. Wells constructed in compliance with state b…

The milk truck approach to the milk loading area must prevent excess mud and allow easy access to the milkroom. Farm animals must not have free access to the milk loading area. The hoseport slab and milk loading area must be kept clean. The hoseport slab must be constructed of co…

All toilet wastes on the farm and all milkhouse and milkroom wastes must be disposed of in a manner that will not pollute the soil surface, contaminate any water supply, or be exposed to insects. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemente…

Farms selling manufacturing grade milk must comply with United States department of agriculture rules governing such facilities. 2 History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-30…

Only pesticides approved for use in the milkroom with an environmental protection agency number may be stored in the milkroom and when used must be used in accordance with label instructions. Automatic pesticide dispensers are allowed if properly installed and used with approved …

The bulk milk tank must be equipped with an approved milk measuring device. A conversion table to determine pounds [kilograms] must be in the milkroom. Milk above forty-five degrees Fahrenheit [7.22 degrees Celsius] must not be offered for sale or transported off the farm. Histor…

The farm must be kept clean. Manure must be removed daily from the milking parlor or stored in a way that prevents access by cows. Stacked or piled manure and manure packs in housing facilities must be spread prior to fly season each year. The yard or loafing area must be of ampl…

All milking procedures must comply with United States department of agriculture regulations. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-30

1. Farms under warning for cleaning violations, major drug violations, or cooling equipment problems will be inspected within twenty-one days. 2. Items for which the commissioner has established a compliance deadline are exempted from further action until the deadline has expired…

1. A dairy producer who wants to contract with a new milk buyer shall apply to the commissioner for authority to do so. The application must be on forms provided by the commissioner. 2. Upon receipt of an application, the commissioner shall examine the applicant’s inspection and …

All milk and milk products must meet the chemical, physical, bacteriological, and temperature standards established by the United States department of agriculture regulations and by the pasteurized milk ordinance. History: Effective October 1, 2009. General Authority: NDCC 4.1-25…

1. Whenever three of the last five consecutive bacteria, temperature, or coliform counts exceed the standards of the pasteurized milk ordinance or United States department of agriculture regulations, the commissioner will suspend the product in question until an acceptable sample…

All pasteurized milk ordinance-defined milk and milk products must satisfy the composition standards set by the pasteurized milk ordinance and food bearing standardized food names must comply with the Code of Federal Regulations standard. History: Effective October 1, 2009. Gener…

1. For the purposes of this chapter, frozen desserts include ice cream, ice milk, sherbet, soft serve, frozen yogurt, and any frozen dessert or ice cream mix containing dairy products. 2. A license from the commissioner is required for any frozen dessert processor that packages, …

yogurt. 1. The United States department of agriculture regulations that set microbiological requirements for frozen desserts apply to ice cream, ice milk, ice cream mix, and frozen yogurt. 2. All milk, when delivered to a plant to be used in making ice cream, ice milk, ice cream …

When a sample exceeds the microbiological requirements, the licensed operator must be notified in writing. When two samples out of four consecutive samples of the same flavor are not in compliance, a warning must be sent. The next batch produced of that flavor shall be sampled. W…

Dairy processing plants must comply with United States department of agriculture regulations for approved dairy plants and regulations for grades of dairy products and with appendix H of the pasteurized milk ordinance. History: Effective October 1, 2009. General Authority: NDCC 4…

All grade A milk must be processed according to the requirements of the pasteurized milk ordinance. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-30 1

All persons owning or operating a truck or other vehicle involved in transporting milk and cream for manufacturing purposes must be licensed by the commissioner. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-02, 4.1-25-22, 4.1-…

The maximum amount of time between pickup of milk on the farm is ninety-six hours. All equipment used to transport milk or cream must conform to 3A standards, or other standards acceptable to the commissioner. Equipment not meeting 3A standards and not otherwise having the commis…

1. Raw milk picked up on the farm must be stored in containers meeting all the following requirements: a. Comply with 3A standards, or other standards approved by the commissioner. b. Able to agitate to obtain a universal sample. c. Able to hold milk at a temperature between thir…

When pup trailers are used in hauling milk and milk products, the connecting pipeline between the main tanker and pup trailer must be kept free of milk or milk products during transport. Any milk retained in the connecting pipeline must be disposed of and not transferred to plant…

1. a. All tankers and farm bulk trucks used for transporting raw milk from the farm to the plant must be washed and sanitized at the end of each day's use. A record of this cleaning must be kept and may consist of a mechanical recording chart, a wash log, or any other approved me…

Milk haulers must completely empty a farm bulk tank at every pickup. If this is not possible, the milk remaining in the farm bulk tank must be picked up before the next milking, unless the farm bulk tank is equipped with seven-day temperature-recording device that complies with a…

All owners of tankers and farm bulk trucks must be licensed by the commissioner as milk haulers. The following items must be complied with to obtain a license: 1. The outside of vehicles hauling milk must be identified with the owner's name, address, and identification number. Th…

Repealed effective July 1, 2019.

The milk hauler is responsible for the acts of any employee who violates the requirements of this article. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-35 1

Repealed effective April 1, 2026.

All vehicles used to transport dairy products must comply with the following: 1. A temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower must be maintained in the storage area of the vehicle. 2. All milk and milk products, except frozen desserts, must be ma…

Dairy products that have exceeded their code date for retail sale may not be transported from the processing plant to be offered for sale. History: Effective October 1, 2009; amended effective April 1, 2026. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-50 1…

A fee of ten dollars for each party involved in the dispute must be charged for an official butterfat test. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-43 1

All milk and milk products must comply with the labeling and nomenclature requirements of title 21, Code of Federal Regulations, parts 131, 133, and 135, and section 343(q)( r) of title 21, United States Code. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 …