15.03.05.05

.05 Samples.

A. Samples—General. The samples referred to in the Agriculture Article, §11-409, Annotated Code of Maryland, may be either fresh or time composite. Immediately before any sample is drawn from any container, the contents of the container from which it is drawn shall be thoroughly mixed for a minimum of 5 minutes. A weigh tank, farm milk tank, or other container from which a sample is to be drawn may not have any partition, division, or strainer which divides it, in any way, into more than one compartment. Each sample shall be put into a container of a type, labeled and stored in a manner, and at a temperature specified by the Secretary. Samples shall, at all times, be under the control of a person licensed as a weigher and sampler or as a weigher, sampler, and tester by the Secretary.

B. Sampling Procedures—Fresh Samples. When fresh samples (as opposed to time composite samples) are obtained for possible use as the basis of milk fat percentage determinations for producer payment, a representative sample shall be obtained and labeled in a manner approved by the Secretary. The representative sample will be drawn at the time milk is obtained from each producer's farm milk tank, but only by a person licensed under these regulations by the Secretary. A licensee will deliver the sample, with the producer's product, to the appropriate stationary receiving station.

C. Fresh Samples. When a permit holder or licensee uses fresh samples, a representative sample shall be tested at least 3 times each month for each producer. The sample shall be tested within a period of 1 day after being drawn, if possible, but never later than 3 days after initially being obtained by a licensee. The residue of the representative sample shall be held on the premises where tested in a manner to maintain it suitable for any testing by the Secretary for an additional period of not less than 2 working days. Fresh representative samples shall be of such size that the residue, for any test by the Secretary, shall be sufficient to make two tests. Samples obtained from milk delivered on consecutive days may not be used for tests in determining producer payments.

D. Fresh Sample Bottles. The sample bottle type for fresh samples may be of a proper style with screw-type, well-fitting, impervious caps or other approved style. Each sample container shall be clearly and distinctly marked with the producer's name or number.

E. Care of Fresh Samples. Samples shall be maintained, at all times, in an upright position and shall be refrigerated at a temperature not in excess of 40F or below a temperature which would result in freezing.

F. Sampling Procedures—Time Composite Samples. When using time composite samples as the basis of determination for producer payment, a representative fresh sample will be drawn at the time milk is obtained from each producer's farm milk tank and only by a person licensed by the Secretary in accordance with these regulations. A portion of the representative fresh sample shall be incorporated into an acceptable composite bottle and properly maintained at the appropriate stationary receiving station. The proportionate amount of the representative fresh sample incorporated into the composite bottle each day of shipment will be governed by the relative amount of milk shipped by the producer each day so that an accurate proportion will be established in the time composite sample.

G. Time Composite Samples. When using or developing time composite samples, a representative and correctly proportionate sample shall be taken from each delivery of each producer (as indicated in §F, above) and shall encompass a period of not more than 16 days. The samples shall contain the correct amount and kind of preservative prescribed by the Secretary. The time encompassed by these composite samples shall be the same for all producers at the same stationary receiving station. All time composite samples shall be tested within 3 working days following the close of the period encompassed by the samples. After all time composite samples have been tested, their residue shall be held on the premises where tested and in a manner to maintain them suitable for testing by the Secretary. These samples shall be held and properly maintained for a period of not less than 7 days. Time composite samples shall be of such adequate size that the residue for testing by the Secretary shall be sufficient for two tests.

H. Bottles for Time Composite Samples. Bottles used for time composite samples shall be clearly labeled with the name or number of the producer. The label shall be permanently attached to the bottle, or to the stopper provided the stopper is permanently attached to the bottle. Attaching the stopper to the bottle by means of a chain or collar is acceptable. Whenever time composite samples are used, the composite bottle shall be of more than sufficient capacity to contain the total volume of the daily proportionate amount of representative samples for the maximum number of days encompassed by the time composite sample. The composite bottle shall be of a type that can be tightly stoppered so as to prevent evaporation or the entrance of water and may not contain a recessed pouring lip. Stoppers shall be of rubber, glass, or other approved nonabsorbent material. Cork may not be used.

I. Preservation of Time Composite Samples.

(1) Time composite samples shall be preserved with the recommended quantity of mercuric chloride (corrosive sublimate) or another approved preservative. To aid in dissolving the preservative, necessarily used with a time composite sample, the sample shall be gently shaken or rotated when adding the first proportionate amount of the representative sample obtained from the producer.

(2) Thereafter, shaking will be avoided and held to a minimum upon the addition of the subsequent proportionate amounts of representative samples to prevent:

(a) Depositing cream on the walls of the container above the level of the sample; and

(b) Churning the sample.

(3) Since the addition of the preservative makes the milk somewhat more difficult to test, the tester should use additional precautions when testing preserved samples to insure proper test results.

J. Loss of Sample.

(1) Fresh Sample. When the fresh representative sample (as indicated in §B of this regulation) is destroyed or the test results are unsatisfactory, the next consecutive representative sample obtained should be tested.

(2) Time Composite Sample. When the time composite sample is destroyed or the results of the test are unsatisfactory, fresh representative samples from the next three consecutive shipments for every-other-day shippers (producers), or the next five shipments on an every-day basis shall be tested. The payment to the producer may then be adjusted in accordance with the average of the test of the fresh representative samples.

K. Unsatisfactory Product for Use as Samples or for Testing. Milk, cream, or other fluid dairy products which have been churned or frozen will not be acceptable for use in either fresh sample testing or time composite sample testing.

L. Cream.

(1) All cream shall be uniformly and thoroughly stirred before sampling.

(2) A permanent record shall be made of each producer's cream and the record shall show the:

(a) Date;

(b) Name or number of the producer;

(c) Quantity of cream, in pounds; and

(d) Test results.

(3) The person sampling the cream and keeping the required records shall be licensed by the Secretary in accordance with these regulations.

(4) When a producer has two or more containers of cream in any one delivery or shipment, a separate weight and test shall be made of each container.

(5) Composite samples may not be used in testing for fat content of cream when the results of the test are used for payment to the producers.

M. Testing Cream Samples. Representative samples of cream shall be tested within 24 hours after they have been obtained by a licensee. Subsequent to testing, the licensee shall retain a sufficient amount of the sample to permit at least two tests by the Secretary. These samples shall be held for 2 working days after the licensee has completed the test.

N. Test Methods for Cream Samples. When the Babcock method is used for testing cream, the following procedures are acceptable:

(1) To 9 grams of cream, add sufficient sulphuric acid (specific gravity 1.82-1.83) to produce a dark chocolate brown color;

(2) Shake thoroughly and add approximately 5 to 10 milliliters of hot water to stop the action of the acid, swirl the water into the mixture with one or two swirling motions;

(3) Centrifuge the material for 5 minutes, add water to bring the fat completely up into the neck of the bottle;

(4) Continue to centrifuge for an additional 1 minute, place the bottle in a hot water bath at 135 140F for not less than 5 minutes, add glymol and read the indications in the bottle neck.

O. Cream Test Scales and Accompanying Weights.

(1) All scales and any weights, used in conjunction therewith, for weighing cream, milk, or other fluid dairy products shall meet all applicable specifications, tolerances, and other technical requirements as published in National Bureau of Standards Handbook 44 and any amendments to it.

(2) A permit holder or licensee shall take adequate precautions consistent with the degree of use and environment to insure that all weighing equipment conforms to all applicable requirements of National Bureau of Standards Handbook 44 in addition to insuring that the equipment is maintained in a clean condition.

(3) A permit holder or licensee may not use or permit to be used a cream test scale or balance designed to accommodate more than four cream test bottles at any one time.