# Title 7 — Agriculture Commissioner

## Article 7-03.2 — Dairy Division

## Chapter 7-03.2-05 — Manufacturing Farm Regulations

### § 7-03.2-05-01. Herd health.

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
### § 7-03.2-05-02. Quality standards.

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 days, after the commissioner issues the warning, another milk
sample must be taken and tested. If the result is more than 500,000 cells/ml, the
producer’s milk must be excluded from the market. To regain access to the market the
farm must pass an inspection by the commissioner, during which the bulk milk tank must
be empty, and the farm’s milk must be sampled and tested under and must meet
conditions set by the commissioner. If the result of this test is 500,000 cells/ml or less, a
temporary permit will be issued. If a temporary permit is issued, three milk samples must
be taken within twenty-one days after the permit is issued. No more than two samples
may be taken within any seven-day period. If the bacteria count of all three samples is
500,000 cells/ml or less, the producer will again have full status for manufacturing grade
milk.
b. Two out of the last four monthly somatic cell counts exceed 750,000 cells/ml. No sooner
than three days, nor more than twenty-one days, after the commissioner issues the
warning another milk sample must be taken and tested. If the result is more than 750,000
cells/ml, the producer's milk must be excluded from the market. To regain access to the
market the farm’s milk must be sampled and tested and must meet conditions set by the
commissioner. If the result of this test is 750,000 cells/ml or less, a temporary permit will
be issued. If a temporary permit is issued, three milk samples must be taken within
twenty-one days after the permit is issued. No more than two samples may be taken
within any seven-day period. If the somatic count of all three samples is 750,000 cells/ml
or less, the producer will again have full status for manufacturing grade milk.
3. A farm license will be suspended if the farm scores below eighty on three consecutive farm
inspections. The commissioner will reinstate a license when conditions leading to the

suspension have been corrected by evidence of either test results or a satisfactory farm
inspection.
4. The volume of milk in the bulk tank after the first milking must be sufficient to ensure adequate
agitation of the milk. Failure to produce adequate volumes on the first milking may result in
suspension of a farm’s license to sell raw milk.
History: Effective October 1, 2009; amended effective July 1, 2019.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-28, 4.1-25-36, 4.1-25-37
### § 7-03.2-05-03. Water supply.

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 board of water well contractors and tested every three years by an approved
laboratory and found to be satisfactory are acceptable. Other water supplies approved by the
commissioner and tested annually and found to be satisfactory are acceptable. All water
sources must be tested following repairs or other disruptions to the water system and must be
found satisfactory. All new water supplies to dairy farms must comply with either the state
department of health requirements for rural water or the state board of water well contractors
requirements for well construction.
2. Handwashing facilities with soap, individual sanitary towels, and hot and cold water under
pressure must be provided.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-05-04. Milk truck approach - Hoseport slab - Port opening.

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 concrete or other
impervious material and centered under the port opening through which milk is transferred from the
bulk tank to the milk truck. The hoseport slab must be sufficiently large to protect the milk hose from
contamination. The port opening must be closed when not in use.
History: Effective October 1, 2009; amended effective July 1, 2019.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-05-05. Waste.

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 Implemented: NDCC 4.1-25-30
### § 7-03.2-05-06. Federal requirements.

Farms selling manufacturing grade milk must comply with United States department of agriculture
rules governing such facilities.

History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-05-07. Pesticides and medicines.

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 pesticides.
Antibiotics and other medicines may be stored in the milkroom if stored in a manner that ensures that
neither the milk supply nor milk contact equipment is contaminated.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-05-08. Bulk milk - Tank - Conversion table - Temperature.

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.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-05-09. Premises cleanliness.

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 ample size to prevent
overcrowding, must be drained to prevent standing water pools, and must be kept clean.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30
### § 7-03.2-05-10. Milking procedures.

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
### § 7-03.2-05-11. Farm inspection procedures and enforcement.

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.
History: Effective October 1, 2009.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-30, 4.1-25-50
