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Procedures
Governing the Cooperative State-Public Health
Service/
Food and Drug Administration Program of the
National Conference on Interstate Milk
Shipments
2005 Revision
Includes the:
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CONSTITUTION
AND BYLAWS OF THE NATIONAL CONFERENCE ON
INTERSTATE MILK SHIPMENTS |
![bullet](_themes/blank/ablbull1.gif) | MEMORANDUM
OF UNDERSTANDING BETWEEN THE U.S. FOOD
AND DRUG ADMINISTRATION AND THE NATIONAL
CONFERENCE ON INTERSTATE MILK SHIPMENTS |
![bullet](_themes/blank/ablbull1.gif) | RELATED
DOCUMENTS |
U. S. Department
of Health and Human Services
Public Health Service
Food and Drug Administration
and the
National Conference on Interstate Milk Shipments
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PREFACE
The
safety of fluid milk and milk products shipped
interstate as well as intrastate has been of major
importance to both the dairy industry and
regulatory agencies for many years. In 1946, the
Conference of State and Territorial Health
Officers requested the U.S. Public Health Service
(PHS) to develop a plan for the certification of
interstate milk shippers. Such a plan was
developed and submitted to the States; however, at
the time, few States were able to undertake the
additional responsibilities involved. In 1949, the
Association of State and Territorial Health
Officers again requested PHS to assist the States
with ensuring a safe milk supply. Similar demands
were made by State Health Departments and State
Agricultural Departments, Local Health Officials
and representatives of the milk industry. In
December 1949, representatives of several
Midwestern States met in Indianapolis, Indiana,
for the purpose of discussing the problems and
determining whether some plan could be developed
to address a more effective and efficient system
of regulating the interstate shipment of milk and
milk products. As a result, representatives of
eleven (11) Midwestern States met in Chicago,
Illinois, in February 1950, to investigate the
problem and to arrange for a national conference.
This
committee requested the Surgeon General of the
United States to invite all States to have their
representatives attend a National Conference in
St. Louis, Missouri, June 1, 1950. Representatives
of the dairy industry, State Health Departments
and State Agricultural Departments, comprising 22
States and the District of Columbia, attended and
participated in the Conference. As a result of the
Conference and joint planning, certain basic
conclusions and procedures were established to be
used in developing and administering a voluntary
Interstate Milk Shipper Certification Program that
would provide Regulatory Agencies with reliable
data on the safety of milk and milk products
shipped in interstate commerce.
The
procedures accepted by the first Conference in
1950 have been used to advantage by many States in
developing sound, and more uniform, milk
sanitation programs. They have also led to the
development of a greater degree of reciprocity
between States on acceptance of inspection and
laboratory results. These procedures have also
been used by many States as a basis of programs
for the supervision and certification of
intrastate milk sources.
The
National Conference on Interstate Milk Shipments
(NCIMS) has served as a model cooperative program
between PHS/ Food and Drug Administration (FDA),
the States and the dairy industry. It is a shining
example of esprit de corps, and reflects the
cooperative spirit of all those committed to
ensuring a safe and wholesome supply of milk and
milk products. A history of the NCIMS is available
through the Executive Secretary of the NCIMS.
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TABLE
OF CONTENTS
PROCEDURES GOVERNING THE COOPERATIVE
STATE-PUBLIC HEALTH SERVICE/FOOD AND DRUG
ADMINISTRATION PROGRAM OF THE NATIONAL CONFERENCE
ON INTERSTATE MILK SHIPMENTS
SECTION
I. PURPOSE
SECTION II.
SCOPE
SECTION III.
DEFINITIONS
SECTION IV.
OVERSIGHT AND RESPONSIBILITIES
SECTION V.
QUALIFICATIONS AND CERTIFICATIONS
SECTION VI.
STANDARDS
SECTION VII.
PROCEDURES GOVERNING A STATE's PARTICIPATION IN
THE COOPERATIVE PROGRAM FOR CERTIFICATION OF IMS
LISTED SHIPPERS
SECTION VIII.
PROCEDURES GOVERNING THE CERTIFICATION OF MILK
PLANT, RECEIVING STATION AND TRANSFER STATION
NCIMS HACCP SYSTEMS FOR IMS LISTED SHIPPERS
SECTION
IX. APPLICATION
OF CONFERENCE AGREEMENTS
ALSO
INCLUDES:
CONSTITUTION
OF THE NATIONAL CONFERENCE ON INTERSTATE MILK
SHIPMENTS [See CONSTITUTION]
BYLAWS
OF THE NATIONAL CONFERENCE ON INTERSTATE MILK
SHIPMENTS
[See
BYLAWS]
MEMORANDUM
OF UNDERSTANDING BETWEEN THE U. S. FOOD AND DRUG
ADMINISTRATION AND THE NATIONAL CONFERENCE ON
INTERSTATE MILK SHIPMENTS
RELATED
DOCUMENTS
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Note:
This is an unofficial copy of the 2005 Revision of
the Procedures. The Constitution and Bylaws
can be found elsewhere in this web site and are
not actually included herein.
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PROCEDURES
GOVERNING THE COOPERATIVE STATE-PUBLIC HEALTH
SERVICE/FOOD AND DRUG ADMINISTRATION PROGRAM OF
THE NATIONAL CONFERENCE ON INTERSTATE MILK
SHIPMENTS
The Procedures
document was established to develop a more uniform
milk sanitation program. It establishes the
criteria governing the Cooperative Program of the
National Conference on Interstate Milk Shipments
(NCIMS). As a result of these Procedures,
there is a greater degree of reciprocity between
States on acceptance of inspection and laboratory
results.
Contained
in this document are the Procedures for
establishing milk sanitation standards, rating
procedures, sampling procedures, laboratory
procedures, laboratory evaluation and sample
collector procedures. It also contains the Constitution
of the NCIMS, the Bylaws of the NCIMS,
the Memorandum of Understanding (MOU)
Between the U. S. Food and Drug
Administration and the NCIMS, and Related
Documents.
This Procedures
is the governing document of the NCIMS and
contains the information necessary to maintain a
national program that is both uniform and
acceptable to the States, U. S. Public Health
Service/Food and Drug Administration (PHS/FDA) and
the dairy industry. It helps all concerned parties
to assure a safe supply of milk and milk products
to consumers.
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- PRODUCTS
COVERED
Agreements adopted by the NCIMS shall
apply to Grade "A" raw milk
for pasteurization, heat-treated
products, pasteurized, ultra-pasteurized, and aseptically processed
milk and milk products, condensed and
dry milk products, and whey and whey
products produced under the NCIMS
program.
- SUPERVISION REQUIREMENTS
Supervision of the milk supply,
condensed and dry milk products, whey
and whey products to be rated for
interstate certification shall be based
on the criteria and procedures for Grade
"A" standards set forth in
Section VI., and procedures for Grade
"A" standards set forth in
Section VI., E., or regulations
pertaining to supervision substantially
equivalent thereto.
If a powdered blend is to be used as
an ingredient in the production of a
Grade "A" product from an IMS
listed plant, the blend must be labeled
Grade "A" and the plants where
the Grade "A" dairy powder are
manufactured and the facility where the
powder is blended and packaged must each
have an IMS listing.
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Terms used in this document, not specifically
defined herein, are those within Title 21, Code of
Federal Regulations (CFR) and/or the Federal
Food, Drug, and Cosmetic Act (FFD&CA) as
amended.
- ADVERSE ACTION: A
re-inspection, re-rating or withdrawal
of certification of an individual IMS
listed shipper.
-
AREA RATING:
An area rating, if used, shall apply to
raw milk for pasteurization only. An
area rating consists of more than one
(1) producer group operating under the
supervision of a single Regulatory
Agency and which is rated as a single
entity.
- BULK TANK UNIT (BTU):
A dairy farm or group of dairy farms
from which raw milk for pasteurization
is collected under the routine
supervision of one (1) Regulatory Agency
and rated as a single entity and given a
sanitation compliance and enforcement
rating.
- CERTIFIED MILK SANITATION RATING
OFFICER (SRO): A State
employee who has been standardized by
PHS/FDA, has a valid certificate of
qualification, and does not have direct
responsibility for the routine
inspection and enforcement of the
shipper to be rated. Directors,
administrators, etc. may be certified as
SRO's.
- CHECK RATING: The
designated PHS/FDA and NCIMS Procedures
method to ensure that the published
State rating of a milk shipper on the IMS
LIST -- Sanitation Compliance and
Enforcement Ratings of Interstate Milk
Shippers (IMS List) is valid and
maintained during the interval between
State ratings.
- DAIRY FARM: A dairy
farm is any place or premises where one
(1) or more lactating animals (cows,
goats, sheep, water buffalo, or other
hooved mammal) are kept for milking
purposes, and from which a part or all
of the milk or milk product(s) is
provided, sold or offered for sale to a
milk plant, receiving station, or
transfer station.
- ENFORCEMENT RATING: This is
a measure of the degree to which
enforcement provisions of the Grade
"A" Pasteurized Milk Ordinance
(Grade "A" PMO) are being
applied by the Regulatory Agency.
- IMS LISTED SHIPPER: An
interstate milk shipper (BTU, receiving
station, transfer station, or milk
plant) which has been certified by the
State Milk Sanitation Rating Authorities
as having attained the milk sanitation
compliance and enforcement ratings
necessary for inclusion in the IMS List.
The ratings are based on compliance with
the requirements of the Grade
"A" PMO and were made in accordance
with the procedures set forth in the Methods of Making Sanitation
Ratings of Milk Supplies (MMSR).
- INDIVIDUAL RATING: An
individual rating is the rating of a
single producer group, receiving
station, transfer station and/or milk
plant under the supervision of a single
Regulatory Agency.
- MEMORANDUM OF CONFERENCE ACTIONS
(IMS-a): A memorandum
issued by PHS/FDA providing the
transmittal of information related to
the actions taken at NCIMS Conferences
and between PHS/FDA and the NCIMS
Executive Board.
- MEMORANDUM OF INFORMATION (M-I):
A memorandum issued by PHS/FDA providing
the transmittal of administrative and
miscellaneous information by PHS/FDA to
PHS/FDA Regional staff and State
agencies.
- MEMORANDUM OF INTERPRETATION (M-a):
A memorandum issued by PHS/FDA following
the Procedures
document, providing clarification of the
intent or meaning of wording related to
the Grade "A" PMO and
the Evaluation
of Milk Laboratories (EML).
- MEMORANDUM OF MILK ORDINANCE EQUIPMENT
COMPLIANCE (M-b): A
memorandum issued by PHS/FDA that
provides a notice of PHS/FDA's review of
equipment related to compliance with the Grade
"A" PMO.
- MILK PLANT: A milk plant is
any place, premises, or establishment
where milk or milk products are
collected, handled, processed, stored,
pasteurized, aseptically processed,
packaged, or prepared for distribution.
- RECEIVING STATION: A
receiving station is any place,
premises, or establishment where raw
milk is received, collected, handled,
stored or cooled and prepared for
further transporting.
- RECIPROCITY: For the
purpose of the NCIMS agreements,
reciprocity shall mean no action or
requirements on the part of any
Regulatory Agency will cause or require
any action in excess of the requirements
of the current edition of the Grade "A" PMO
and related documents of the NCIMS
agreements.
- REGULATORY AGENCY: A
Regulatory Agency shall mean an agency
which has adopted an ordinance, rule or
regulation in substantial compliance
with the current edition of the Grade
"A" PMO or
two (2) agencies which have mutually
agreed to share the responsibilities for
the enforcement of an ordinance, rule or
regulation in substantial compliance
with the Grade "A" PMO
for a listed interstate milk
shipper. The mutual agreement shall
specify the details of how the rating
will be made so long as the details do
not conflict with the basic intent of
this document.
- STATE PROGRAM EVALUATION:
An evaluation of a State program by
PHS/FDA. This shall include check
ratings of IMS Listed Shippers, an
assessment of State administrative
procedures and records, adoption of the Grade
"A" PMO (or equivalent
laws and regulations), and compliance
with NCIMS Procedures.
- TRANSFER STATION: A
transfer station is any place, premises,
or establishment where milk or milk
products are transferred directly from
one (1) milk tank truck to another.
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-
PHS/FDA RESPONSIBILITIES
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