Under the authority of R.S. 40:4 and 40:5, and in accordance with R.S. 49:950 et seq., the Administrative
Procedure Act, the state health officer, acting through the Louisiana Department of Health, Office of Public Health (LDH-OPH), has amended Part VII (Dairy Products Regulations) of Title 51 (Public Health—Sanitary Code). These amendments update sampling requirements for certain dairy product businesses that freeze or partially freeze and repackage frozen desserts made from frozen dessert mixes that were pasteurized, ultra-pasteurized or aseptically processed at another plant for wholesale. The state health officer has reviewed the current regulatory scheme and is in agreement with the regulated entities that the currently adopted sampling schedule is excessively onerous on these entities without providing a substantive additional public health benefit. Therefore, the state health officer amends the current regulatory language to adopt a more rational approach to the regulation of these particular dairy product facilities.
Click here to view a copy of the 2nd Legislative Oversight Committee Report for the final rule. This oversight report was delivered to the relevant oversight committees on February 7, 2020.