Chapter 06. Calibration and Operation of Automated Testing Equipment Used to Determine Fat Content of Raw Unhomogenized Milk

“Automated testing equipment” means any contrivance, machine, or device manufactured for the purpose of measuring the milk fat content of milk or other fluid milk products within the design of the instrument, and approved by the Association of Official Analytical Chemists (AOAC).

“Cooperative” means a corporation or association as defined and construed in the Corporations and Associations Article, §5-501, Annotated Code of Maryland. A cooperative shall be deemed a producer within the provisions of these regulations and shall be entitled to their benefits.

“Department” means Maryland Department of Agriculture.

“Equipment operator” means a person licensed to operate automated testing equipment in accordance with these regulations.

“Person” includes:

“Producer” means any person who owns, controls, or operates a dairy herd for the production of milk to be sold or offered for sale.

“Purchaser” means any person who pays the producer or the person who pays a cooperative association representing the producers for the milk or other fluid dairy products.

“Reference method” means the method of testing milk for milk fat content that is known as the Babcock Test, provided, that for the purposes of these regulations, all measurements obtained by the Babcock Test shall be read to the nearest .05 percent.

“Sample” means that representative portion of the producer's shipment that is drawn and placed into a container approved by the Department and used for an analysis of milk constituent content on which payment to the producer may be based.

“Secretary” means Secretary of Agriculture or the Secretary’s designee.

“Test” means an official procedure, approved by the Association of Official Analytical Chemists or American Public Health Association as published in the latest edition of their official publication and adopted by the Department, which is used to determine the amount of any milk constituent in any sample of milk or other fluid dairy product. The results of the analysis shall also be referred to as a test.

A person may not operate any automated testing equipment for the purposes of determining the milk fat content of milk for payment purposes to the producer unless licensed by this Department.

Any person testing milk for the purpose of controlling the accuracy of the automated testing equipment shall also be licensed by the Department to test milk for milk fat content by the reference method.

Initial Calibration. Any person seeking to use automated testing equipment for measuring milk fat content in raw, unhomogenized milk as a basis of payment to producers shall first cause the equipment to be calibrated in accordance with these regulations. The Department shall be notified at least 10 State working days before initial calibration is to be conducted. The initial calibration may be performed only after the equipment has been installed and stabilized as approved by the Secretary. The initial calibration shall be performed by the equipment operator under the supervision of the Secretary, in accordance with the procedures approved by the Secretary. Subsequent calibrations shall be performed by the equipment operator in accordance with procedures approved by the Secretary, but need not be under the supervision of the Secretary.

Method of Calibration.

Control Milk Samples. Milk samples to be used as control milk samples shall be prepared in accordance with the following procedures:

Daily Performance Checks. At the beginning of each day in which the automated testing equipment is to be used, the following tests shall be conducted:

When the automated testing equipment is being used to determine the milk fat content of milk as a basis of payment to producers, a control milk sample will be tested by the automated testing equipment once every hour of its operation or once every 50 samples tested, whichever occurs first. If the difference between the milk fat content as measured by the equipment and the milk fat content of the control milk is 0.06 percent or less, the equipment may be continued in use as a basis of measuring milk fat content to determine payments to producers. If the difference is greater than 0.06 percent, the equipment shall cease being used for this purpose and shall be checked in accordance with Regulation .07, above. All test results obtained from the equipment subsequent to the last acceptable check as provided by this regulation as well as all payments to producers based on these tests shall be void. The equipment may not be used for determining payments to producers until it shall have been checked and calibrated, if necessary, in accordance with Regulation .07, above.

Required Records. When automated testing equipment is used to determine payments to producers, the following records shall be maintained on file for a period of 12 months, at the facility where the instrument is operated: