Division of Environmental Health Office of the State Veterinarian

Producer Selling Raw Milk and Raw Milk Products Under 18 AAC 32.070 Checklist

If you would like a PDF or printed copy of the Producer Selling Raw Milk and Raw Milk Products Under 18 AAC 32.070 Checklist please email akdairy@alaska.gov.

Animal Health - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Animal Ownership is Required	The producer of raw milk must own the milk producing animal. (b)(1)	Health records must be maintained for each animal. The animal should have a form of ID for record keeping purposes.
Veterinary Services	Producers have “engaged the services of a licensed veterinarian who provides veterinary services to the raw milk producing animal, including routine physical examinations and medical prescriptions or treatments, as directed by the licensed veterinarian.” (b)(2)	At least yearly, producers should have their milk producing animals examined by a veterinarian. Health records for each animal must note any examinations, drugs, medications, or natural remedies administered as well as any prescriptions or treatments administered in consultation with a veterinarian.
Herd Management and Care	Producers must have “knowledge about each raw milk producing animal, animal care requirements under 18 AAC 36.500, husbandry, the health of each raw milk producing animal, and of facilities at which raw milk and raw milk product is produced or stored.” (b)(3)	Producers should be involved with the everyday operations of the milk producing herd, feed, water, shelter, milking and overall husbandry.
Drug and Drug Residue Management	Producers must “follow veterinarian prescriptions and withdrawal times for any drug or chemical compound that is administered to a raw milk producing animal.” (g)	Treatments and prescriptions must be annotated in the animal’s health records. Withdrawal times must be followed per the prescription and instruction of a veterinarian.
Mastitis and Disease Management	Producers must “conduct routine screening of raw milk producing animals for mastitis and disease, as recommended by the veterinarian.” (k) Raw milk or raw milk products cannot be sold or distributed from an “animal showing signs of mastitis or disease.” (l)	Screening for mastitis is an important part of maintaining herd health, producing a quality product, and preventing passing pathogenic bacteria to other animals, or contaminating the raw milk products. A veterinarian can recommend a method to monitor for mastitis and other diseases that affect dairy animals

Equipment & Facility Design/Construction - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Production Premises Toilet, Handwashing, and Waste Disposal	All premises “where raw milk or raw milk products are being produced” must have “at least one toilet room, that is maintained, kept clean, and has toilet paper provided.” (f)(8)(A) The toilet room must have a handwashing sink within or adjacent to the exit of a toilet room, is kept clean and equipped with: hot and cold running water; hand soap; and disposable single-use towels or a hot-air drying device. (f)(8)(B) The premises must have a “wastewater system that disposes of wastewater in an approved manner under 18 AAC 72.” (f)(8)(C)	The toilet facility may be in another building on premises (such as a house) but must meet all the listed requirements.
Refrigerator Unit to Hold Products at or Below 40°F	A refrigerator unit is required to store raw milk and raw milk products, capable of maintaining at 40°F or below. (f)(4)	Refrigerator must be an appropriate size for the amount of milk and product to be held at the required temperature.
Product Refrigerator Thermometer	Refrigerator units where raw milk and raw milk products are stored must be equipped with a calibrated and functioning thermometer. (f)(4)	The thermometer must be capable of reading temperature accurately and be calibrated periodically. Follow manufacturer recommendations on how frequent to calibrate. Retaining records of calibration is recommended, but not required.

Equipment & Facility Design/Construction - Only Required for Producers Selling to Markets

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Most Facility Requirements Only Applicable to Producers Selling Through Markets	Producers selling to market(s) must adhere to the following facility requirements. These facility requirements do not apply to producers selling exclusively direct-to-consumer. (p)	While these requirements only apply to those selling through markets, they should also be considered good practices for producers selling direct-to-consumer.
Animal Housing	For producers selling to markets, animal housing must be “separated from other facilities on the premises” and have “floor-to-ceiling walls” and “overhead protection.” (p)(2)(A)	Shelter should be provided for milk producing animals; however, this does not exclude animals from having access to outdoor areas or pasture. See Animal Health Regulations (18 AAC 36.500-540).
Milking Facility	Producers selling to markets must have a facility dedicated strictly to the purpose of milking animals. The facility must be separated from the rest of the farm. It must have floor-to-ceiling walls, overhead protection, and be constructed of material that is cleanable and must be “kept clean and in good repair.” (p)(2)(B)(i)	A dedicated space for milking animals, separate from animal housing, helps ensure a clean milking environment, and decreases the chance of contamination. The milking facility must be separate from the food handling areas, to maintain sanitary conditions during bottling/packaging.
Sinks in the Milking Facility	The milking facility must have a hand wash sink, with hot and cold potable running water. The sink must have hand soap and disposable single-use towels or a hot-air drying device. (p)(2)(B)(ii)&(iv) There must be another sink with hot and cold running water, exclusively for “washing, rinsing, and sanitizing equipment, utensils, and other items that contact raw milk during the milking process”. (p)(2)(B)(iii)&(iv)
Processing and Packaging Facility	There must be a facility for processing, bottling, and packaging. (p)(2)(C) The facility must be separated from the rest of the farm by “floor-to-ceiling walls, is fully enclosed, has solid doors and windows, and has overhead protection.” (p)(2)(C)(i) The floor, walls, and ceiling must be made of cleanable materials and are kept clean and in good repair. (p)(2)(C)(ii).	The processing area must be separate from animal housing areas and separate from the milking parlor. This is where the final product is bottled or package prior to sale to the public.
Sinks in the Processing and Packaging Facility	The processing and packaging facility must have a hand wash sink, with potable “hot and cold running water, hand soap, and disposable single-use towels or a hot-air drying device.” (p)(2)(C)(iii)&(iv) There must be another sink “used exclusively for washing, rinsing, and sanitizing equipment, utensils and other items that contact raw milk or raw milk products during bottling, packaging, and processing.” (p)(2)(C)(iv) The processing and packaging facility must have a utility sink, or “other approved fixture” used “exclusively for cleaning the processing facility.” (p)(2)(C)(vi)	Handwashing is essential for good food safety practices. By having a dedicated hand-washing sink stocked with soap and paper towels, there is less chance of contaminating product contact surfaces and products with dirty hands. While these regulations do not require a 3-compartment sink for washing, rinsing, and sanitizing equipment in the processing and packaging facility, most food processing facilities have some form of cleaning and sanitizing in separate sinks compartments.
Food Contact Surfaces in the Processing and Packaging Facility	Food contact surfaces in the processing and packaging facility must be “constructed of materials that do not allow the migration of deleterious substances or impart colors, odors, or tastes to raw milk or raw milk products.” (p)(2)(C)(v)	Stainless steel, glass, or food-grade plastic intended for food-contact are designed to withstand cleaning and sanitizing and are safe to use in food handling facilities.
Water Potability in Milking Facility and Processing and Packaging Facility	Water used for any purpose within the milking facility or processing and packaging facility must be potable or be from an approved public water system. (p)(2)(B)(iv) & (p)(2)(C)(vii)	Potable water is water that is bacteriologically and chemically safe to drink; free from harmful parasites; and from a supply that is properly located, protected, and operated by the owner. This may mean having your water tested for nitrates and coliform bacteria analyses, and in certain areas, tests for arsenic. Wells should have proper drainage away from the well, have potential sources of contamination near the wellhead eliminated, maintaining a sanitary seal to minimize the risk of contamination entering the well casing (such as animals seeking shelter), and limiting use of lawn and garden chemicals. Wells should be maintained by having the well parts inspected periodically for damage; by not piling snow, leaves, or other material around the well; and installing backflow preventers on all outdoor faucets. See the requirements for potable water in 18 AAC 80 or contact the DEC Drinking Water Program 907-269-7656.

Sanitation and Food Safety Practices - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Cleaning and Sanitizing Food Contact Surfaces & Equipment	Under 18 AAC 32.070, unless a producer is selling through a market, there are no specific cleaning and sanitizing requirements for food contact surfaces other than for milking equipment and reusable glass product container (see Cleaning and Sanitizing Milk Equipment and Cleaning and Sanitizing Reusable Glass Containers below).	While most cleaning and sanitizing requirements in 18 AAC 32.070 apply only to producers selling through markets, cleaning and sanitizing food contact surfaces and other hygienic practices, such as frequent hand washing, are good practices and standard in most food establishments.
Cleaning and Sanitizing Milking Equipment	Producers must ensure “equipment used for milking is cleaned in accordance with the equipment manufacturer’s recommendation and equipment is used according to intended purpose” (f)(5)	Clean and sanitize milking equipment after each milking with approved cleaning and sanitizing chemicals. Follow manufacturer’s recommendations.
Cleaning and Sanitizing Reusable Glass Containers	If reusable glass containers are used for products, they must be cleaned and sanitized on premises. See “Products and Packaging” below. (e)(2)(A)	See the Raw Milk Resources handout for more information on how to properly clean and sanitize containers.
Filling Bottles and Product Containers	Bottles and product containers must be “filled in a sanitary manner on premises” (e)(1) Lids, if the container requires one, must be “cleaned and affixed in a sanitary manner.” (e)(3)(B) Lids must be designed to be used with the container (e)(3)(A), be tamper resistant (e)(3)(C) and may not be reused (e)(3)(D).
Preventing Contamination of Bottles, Lids, and Packaging Materials	Packaging and lids must be stored in a manner to prevent damage and contamination. (f)(6)	Considerations for preventing damage and contamination of packaging materials include storing a minimum of 6” off the floor, storing in a dry environment, keeping items separate from non-food items such as cleaning chemicals, and storing packaging materials to be covered and protected from dust, water, and pests such as rodents.
Cooling Raw Milk to 40°F or Below within 2 Hours of Milking	Producers must ensure that “raw milk is cooled to 40° Fahrenheit not later than two hours after the start of milking.” (f)(1)	Temperatures records must be kept validating this process. (See records section below.)
Holding Raw Milk at or Below 40°F	Producers must maintain raw milk at 40°F or below (f)(2). During transportation milk must be held at 40°F or below. (b)(5)	Temperatures in the storage refrigerators are checked daily and records must be kept.
Raw Milk Products Holding Temperature Requirements	The temperature of raw milk products is maintained appropriately according to the product type during production and maintained at a temperature of 40F or lower after production. (f)(3)	Temperatures in the storage refrigerators are checked daily and records must be kept.
Checking the Temperature of the Refrigerator in which Raw Milk and Raw Milk Products are Stored	The refrigerator unit where raw milk and raw milk products are stored must have the temperature checked and documented at least daily using a working and calibrated thermometer. (f)(4)	Records must be maintained for at least two years.

Sanitation and Food Safety Practices - Only Required for Producers Selling to Markets

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Bare Hand Contact Minimized	Producers selling to markets must “minimize bare hand contact with raw milk or raw milk product, utilizing disposable gloves if appropriate.” (p)(3)	Frequent handwashing and the proper use of gloves are two ways to limit the risk of food contamination. For more information, please visit the Alaska Food Safety and Sanitation Program's Preventing Contamination by Hands webpage.
Cleaning and Sanitizing Food Contact Surfaces	Producers selling to markets must “ensure utensils, equipment, and other product contact surfaces are washed, rinsed, and sanitized in accordance with provisions specified in 18 AAC 31.422 – 18 AAC 31.424.” (p)(5)	See Equipment and Utensils Regulations (18 AAC 31.422 – 18 AAC 31.424)
Employees with Communicable Diseases	Producers selling to markets must “take reasonable precautions to ensure that each employee with an infected wound or a disease communicable by food is not working at the premises in any capacity that might contaminate raw milk or raw milk product” or food contact surfaces.” (p)(4)	Guidance for producers can be found at the Alaska Food Safety and Sanitation Program's Risk Factor Resources webpage.

Products and Packaging - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Products that May be Produced and Sold Under 18 AAC 32.070	Raw fluid milk, yogurt, kefir, cheese, ice cream, cream, and butter. (v)(6)
Raw Milk and Raw Milk Product Packaging Types	Containers must be provided for raw milk and raw milk products. These containers must be made of food-grade material, including glass cleaned and sanitized on premises or food-grade single-use plastic. (e)(2)(A) & (e)(2)(B) Product containers requiring lids must be made of food-grade material and be intended for use with the container. Lids must be clean and applied in a “sanitary manner,” be tamper resistant, and may not be reused. (e)(3)(A-D)	Product containers for raw milk or raw milk products must be made of food-grade material. These containers and lids must be secure to ensure no spillage and prevent contamination with pathogens or hazardous chemicals.
Filling Raw Milk and Raw Milk Product Containers	Raw milk and product containers must be filled in a “sanitary manner on premises.” (e)(1)	Filling containers to avoid any contamination by the food handler or from the environment.
All Raw Milk and Raw Milk Products Must be Labelled Appropriately	Each container must have an appropriate label which has been approved by the department before use. (a)(4) & (e)(4)	See the Raw Milk Labeling Guide provided by the department for label requirements.
Label Requirements for Other Ingredients in Raw Milk Products	If producers are using additional ingredients in their raw milk products, those ingredients must be listed on the product label in order of predominance which is attached to the product container. (e)(4)(H)	See the Raw Milk Labeling Guide for specific label requirements.
Expiration Date of Raw Milk	Raw milk may not be sold to a consumer or market after 4 days from the production date. (h) The label must have the date of production and the statement “CONSUME WITHIN FOUR DAYS OF PRODUCTION DATE.” (e)(4)(D)
Expiration Date of Raw Milk Products	Producers must not sell “raw milk product to a consumer or market later than the consume by date appropriate to the specific product as determined by the producer.” (i) Raw milk products must have the product production date and a consume-by date that is appropriate for the specific product as determined by the producer according to the industry standards, and the statement “CONSUME-BY DATE IS DETERMINED BY THE PRODUCER.” (e)(4)(D)	Production dates are important. Consumers consuming a product past this date do so at their own discretion.

Sales and Distribution - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Products May Not be Sold, Donated, or Served in Certain Facilities	Raw Milk and Raw Milk products may not be “sold, donated, or served in a food processing establishment or food service.” (b)(7)	These are facilities that are permitted through DEC Food Safety and Sanitation and are not allowed to sell raw milk or raw milk products. In addition, some local authorities may not allow sales, and many food establishments may be restricted from handling raw milk or raw milk products.
No Interstate Distribution	Raw milk and raw milk products may not be distributed interstate. (b)(4)	All raw milk and raw milk products cannot leave the State of Alaska. Federal law prohibits the interstate sale of raw milk. Only Pasteurized Grade A IMS listed producers can distribute their products interstate.
Obtaining Consumer Contact Information	Producers must offer customers, including markets, the opportunity to voluntarily provide their contact information so the producer or department may notify the consumer in the event of a suspected or confirmed foodborne illness or product recall. (f)(7)	Consumers are not required to provide contact information, but producers are required to offer to collect the information. If you would like a PDF or printed copy of a Consumer Contact List template please email akdairy@alaska.gov.
Point-of-Sale Signage	At the point-of-sale, producers must conspicuously display a sign that states “THIS PRODUCT IS NOT SUBJECT TO ROUTINE STATE INSPECTION.” (b)(6)

Records - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Records Must be Retained for 2 Years	Except for the Consumer Contact Information list, all producer records must be retained for 2 years from the date of creation at the production premises and must be made available to the department upon request. Records may be provided to consumers or markets upon request. (o)
Animal Health Records	Records of “routine and non-routine physical examinations of raw milk producing animals, including examinations for mastitis, disease, and other care, as administered by a licensed veterinarian; records for routine and non-routine physical examinations must include the reason for the examination, the outcome, and any medication prescribed to the animal examined” must be kept. (o)(1)	Animal health records can be filled out by the owner or the veterinarian, but should include the annual exam, any exams for illness, treatments prescribed and recommended care and treatment regimes.
Product Testing Records	If any product quality testing, such as bacterial, drug residue, or other quality testing such as milk fat, are conducted, a record of those test results must be retained by the producer for at least 2 years. (o)(2) & (o)(3)	Voluntary product testing may be done by the producer as part of a quality management program on the farm, or by DEC in the case of a suspected problem. The results of any product testing performed by the State, the owner or the veterinarian must be kept in the facility records.
Record of the Disposition of Adulterated Product	If a product is found to be adulterated through product testing, the test results and how the adulterated product was disposed of must be kept in a record. (o)(3)	Any product that does not meet quality standards, is contaminated, or adulterated must be removed and destroyed. Records of retained raw milk or raw milk products must be documented.
Product Processing Temperature Records	Raw milk must be cooled to 40°F or below within 2 hours of the start of milking (f)(1) and be maintained at or below 40°F thereafter. (f)(2) Raw milk products must be maintained appropriately according to the product type during production and maintained at 40°F or below after production. (f)(3). Hourly temperature records during processing and storage must be recorded and kept. (o)(4)	Product records must show raw milk was cooled to 40 F or below within 2 hours start of the milking process. Temperatures during processing must be taken hourly.
Refrigerator Temperature Checks	The temperature of the refrigerator where products are kept must be checked at least daily and documented. (o)(4)	Maintain a temperature logbook for the refrigerator. Include the thermometer used to take the temperature and the time/date of the recording. Records of thermometer calibration should be maintained.
Consumer Contact Information List	Consumers and markets may voluntarily provide their contact information to the producer in the event of a foodborne illness outbreak or recall. This list includes the contact information of the consumer and the date the product was purchased. This list must be retained for 1 month from the date the consumer purchased the product. (o)(5) The department may request this list if a foodborne illness outbreak is suspected. (o)

Quality and Enforcement - All Producers

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Product Testing is Not Required	Producers are not required to test their products under 18 AAC 32.070. (m)	It is recommended for producers to establish a routine testing schedule of the milk and products, although this is not required.
Testing and Reporting to Department if Adulterated Product is Detected	Producers may conduct product testing if they wish. If a result shows antibiotic residue or pathogens that may contaminate the raw milk producing animal, or that may negatively impact the quality of the raw milk or raw milk product, the producer must immediately report this to the department. (m)(1) The department may also test raw milk or raw milk products if a foodborne illness outbreak or an animal disease outbreak is suspected. (r)(5)	Although not required, it is recommended for producers to establish a routine testing schedule of the milk and products.
Milk and Milk Product Quality and Pathogen Standards	Any products tested for that result in an exceedance of any of the following standards must not be sold or distributed to consumers: Aerobic Bacteria: 20,000 per mL Somatic Cell Count: 500,000/ml for cow or sheep, and 1,000,000/ml for goats Any detection of Listeria monocytogenes, Salmonella spp., Campylobacter spp., Shiga-toxin producing Escherichia coli (STEC), including E. coli O157:H7. (n)(1-3)
Disposing of Adulterated or Contaminated Raw Milk and Raw Milk Products	Adulterated raw milk or raw milk products, as set out under AS17.20.020, cannot be sold or distributed to a consumer or market. (j) If raw milk or a raw milk product is found to be adulterated, it must immediately be disposed of or repurposed for a use other than human consumption, after consultation with the department. (m)(2)
Audits and Inspections Arising from a Consumer Complaint, Foodborne Illness or Animal Disease Outbreak	If a consumer complaint is reported to the department, or a foodborne illness or animal disease outbreak is suspected, the department may inspect or audit the premises where raw milk or raw milk products are produced, with or without prior notice to assess compliance. This includes inspecting the premises; examining and making copies of labels and records; observing procedures; obtaining samples; collecting samples and conducting tests; interviewing employees and taking photographs. (r) If there is reason to believe that a product is adulterated, misbranded, or in violation of these regulations, the department may detain the product. (s)(1) If the raw milk or raw milk product is found to be adulterated, misbranded, or in violation of these regulations, the department may require the producer to destroy or reuse the raw milk or raw milk product (s)(2). In addition, the department can revoke the producer’s registration, order a product recall, and issue an order to stop sale (s)(4). At the time of the finding or cause for belief, or any time after, the department can require the producer to provide timely notification of the department’s action to all affected and potentially affected markets and consumers who voluntarily provided contact information on the consumer contact list. (s)(5)	Although not required, it is recommended for producers to have a recall plan. Recall plan templates and other helpful resources for producers can be found at the Alaska Food Safety and Sanitation Program's Food Safety Crisis Management webpage.

Quality and Enforcement - Only Required for Producers Selling to Markets

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Retaining a Sample of Raw Milk from Each Milking	Producers selling through a market, must retain a 4 to 6-ounce sample of raw milk from every milking. The sample must be labeled with the date of collection and be kept under refrigeration (at or below 40°F) for 14 days. This sample is for traceback if a public complaint, foodborne illness, or animal disease outbreak occurs. (p)(1)	Samples should be collected in a sanitary manner and placed in a food grade container. One option is to use a Whirl-pak, Ziploc, or similar container.

Animal Housing and General Animal Care Standards – ALL PRODUCERS Under 18 AAC 36 Animal Health Regulationss

What	18 AAC 32.070 Requirement(s)	Compliance Example(s) and Best Practices
Importing	Any livestock imported into the State of Alaska must meet import requirements. (36.115(a), 36.125(a), and 36.135(a)) Animals affected with an infectious, contagious, or communicable disease or is known to be exposed to an infectious, contagious, or communicable disease in the last 30 days, or originates from a quarantine area cannot be imported. (36.005(a))	Read more detailed requirements for importing livestock.
Feed and Water	“Replacement dairy heifers must have daily access to sufficient and nutritious feed to allow for growth and maintenance of adequate body weight or body condition to score at least a level 2.0 on the body condition scoring method described in M.A. Wattiaux’s Body Condition Scores, Chapter 12 of Dairy Essentials, Babcock Institute for International Dairy Research and Development, University of Wisconsin-Madison, 1999.” (36.520(b)) “Cattle and other ruminants must have daily access to water in sufficient quantity and quality to satisfy the animals’ physiologic needs as evidenced by the animal’s hydration status” (36.520(e))	View PennState Extension's Body Condition Scoring as a Tool for Dairy Herd Management webpage for more information.
General Care	Cattle must “be handled humanely at all times, even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury” (36.520(j))
Animal Housing	Any animal housing or transportation must be an area with adequate drainage and sanitation to prevent excessive buildup of feces, urine, or water. “Excessive” means adequate to cause visible skin, foot, or hoof disease. (36.500(e)) For producers selling to markets, animal housing must be separated from other facilities on the premises by floor-to-ceiling walls and must have overhead protection. (p)(2)(A)	Shelter should be provided for milk producing animals. However, this does not exclude animals from having access to outdoor areas or pasture. Adequate and sanitary dairy animal housing should be graded and drained with no standing pools of water or accumulations of organic wastes. Soiled bedding should be removed, or clean bedding should be added at sufficiently frequent intervals to prevent soiling of lactating animal’s udder and flanks. Animal housing should be a clean, dry environment with plenty of fresh air, feed, and water, solid footing around the barn door and water/feed stations, and comfortable resting areas. Calf housing should not be overcrowded, have a comfortable resting area and confident footing. Waste feed should not be allowed to accumulate. Manure packs should be properly drained and provide a reasonably firm footing. Swine should be kept out of dairy animal housing.