The North Dakota Department of Agriculture recently announced that it will not
enforce a new state regulation that requires processors to transport Grade “A”
milk at a temperature of 41 degrees. After discussions with IDFA, the department
realized that the regulation could conflict with interstate transportation
regulations and the Pasteurized Milk Ordinance (PMO).
The PMO, which is recognized by the Food and Drug Administration and used as the
basis by all states for dairy laws and regulations, holds that milk may be
transported safely at 45 degrees or lower.
“The North Dakota state regulators did not understand that the truck cooling
systems only maintain the ‘coolness’ of the product, they don’t cool it down,”
said IDFA Vice President Allen Sayler, who contacted the department after the
regulation was announced. “That means that the new regulation, if enforced,
would have required all dairy plants in North Dakota or plants in other states
that ship milk to North Dakota to maintain a storage temperature of 41 degrees
or cooler.”
Sayler pointed out the variance with the PMO and argued that the lower
temperature would not improve product safety but would increase the carbon
footprint of these dairy plants. IDFA expects that the regulation may be
rescinded within the next year.