# Title 7 — Agriculture Commissioner

## Article 7-03.2 — Dairy Division

## Chapter 7-03.2-07 — Milk and Milk Products Standards

### § 7-03.2-07-01. Chemical, physical, bacteriological, and temperature standards.

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 4.1-25-50
Law Implemented: NDCC 4.1-25-29, 4.1-25-30
### § 7-03.2-07-02. Enforcement procedures.

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 license of the plant processing the product.
2. Whenever any phosphatase test is positive, the commissioner shall conduct an investigation
to determine the cause and the product in question may not be offered for sale until the cause
is determined and eliminated.
3. Whenever any drug or pesticide test results in a level exceeding the limits established by the
food and drug administration or environmental protection agency, the product in question must
be removed from the market and the commissioner shall conduct an investigation to
determine the cause. The milk product in question may not be offered for sale until the cause
is determined and eliminated.
4. Cheeses processed or sold in North Dakota must meet definitions and standards found in
title 21, Code of Federal Regulations, Part 133.
History: Effective October 1, 2009; amended effective July 1, 2024.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-29, 4.1-25-30, 4.1-25-52
