Have you ever been confused on whether or not the Pasteurized Milk Ordinance released by the US FDA is law? Here is a link I found recently that helps explain the relationship between the federal and state governments in regards to the PMO.
Is the PMO law?
Rick:
You should refer your readers to Minnesota Statute 32D.02 which authorizes the Minnesota Department of Agriculture to provide a Grade A Inspection Services to the producers and processors within the State. The mandate of MDA is the promotion of the Agricultural Goods of the State. Grade A is ultimately a labeling program first established in the 1920’s with the intention of assuring the consuming public that the product has been produced, transported, processed and packaged according to requirements found in the Grade A Pasteurized Milk Ordinance. The PMO is owned by the National Conference on Interstate Milk Shipments. The NCIMS has it’s origins in the Mid-West as the shipment of raw (un-pasteurized) milk is prohibited by Federal Law. The US FDA cooperates with the NCIMS under an MOU in the writing and publishing of the PMO. The FDA Milk Safety Team in turn acts as a food safety resource and referee between the States to ensure equal enforcement of PMO requirements. During the 2017 Conference on Interstate Milk Shipments held in Grand Rapids Michigan, Appendix “T” was adopted to bring the PMO into alignment with FSMA 2011. When the FDA Milk Safety Team does their Check Ratings, they now begin with an Appendix “T” evaluation to see if Grade A Dairy Processors have adopted the HARPC Program mandated by FSMA. There is also an International component to the PMO which allows for Third Party Firms to act as regulator for companies outside of the US where States have no jurisdiction. I am one of those persons that works with companies outside of the US.
While the PMO is not strictly US Federal Law, most states adopt the PMO by reference into their state statutes. Minnesota is one of those states. The US FDA is authorized/funded by Law to ensure the safety of Milk consumed in the US. This cooperative program is a wise use of resources and one of the most successful public health programs ever conceived in US history. Best regards.