CPG Sec 527.300 Microbial Contaminants & Alkaline Phosphatase Activity

Administrative guidance, not enacted legislation. This captured publisher edition preserves the listed document and attachments; later developments are not independently consolidated.

CPG Sec. 527.300 Dairy Products - Microbial
Contaminants and Alkaline Phosphatase Activity
You may submit either electronic or written comments regarding this guidance at any time.
Submit electronic comments to http://www.regulations.gov. Submit written comments to the
Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket
number listed in the notice of availability that publishes in the Federal Register.
U.S. Department of Health and Human Services
Food and Drug Administration
Center for Food Safety and Applied Nutrition
Office of Regulatory Affairs
December 2010
This guidance represents the Food and Drug Administration's (FDA's) current thinking on this
topic. It does not create or confer any rights for or on any person and does not operate to bind
FDA or the public. You can use an alternative approach if the approach satisfies the requirements
of the applicable statutes and regulations. If you want to discuss an alternative approach, contact
the FDA staff responsible for implementing this guidance. If you cannot identify the appropriate
FDA staff, call the telephone number listed on the title page of this guidance.
Table of Contents
I. Introduction
II. Background
III. Policy
IV. Regulatory Action Guidance
V. Specimen Charges
I. Introduction:

*The purpose of this document is to provide guidance for FDA staff regarding its enforcement
policies for pathogens and indicators of inadequate pasteurization or post-pasteurization
contamination of dairy products.
FDA's guidance documents, including this guidance, do not establish legally enforceable
responsibilities. Instead, guidances describe the Agency's current thinking on a topic and should
be viewed only as recommendations, unless specific regulatory or statutory requirements are
cited. The use of the word should in Agency guidances means that something is suggested or
recommended, but not required.
II. Background:
Significant outbreaks of illness associated with dairy products include salmonellosis (including
infections with some multi-drug resistant Salmonella), enterohemorrhagic Escherichia coli
(EHEC) O157:H7 infections, listeriosis, staphylococcal food poisoning, botulism, and Yersinia
enterocolitica infection. (A Federal Register notice of availability for draft CPG Sec. 555.320
Listeria monocytogenes was published on February 7, 2008 (73 FR 7293)). Symptoms of
illnesses from pathogens may include anything from mild discomfort to headaches, nausea,
vomiting, watery or bloody diarrhea, cramps, and hemolytic uremic syndrome. In some cases,
death may result.
A. Pathogens
The presence of pathogens in dairy products is an indicator of poor sanitation, temperature abuse,
inadequate pasteurization (21 CFR 133.3(d)), fermentation failure, or obtaining milk from
diseased animals. Many pathogens originate from the feces of the
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dairy animals themselves. Contamination of the udder and teats by the feces may in turn
contaminate raw milk. Insanitary practices by milk handlers may contribute to the contamination.
Insanitary or inadequate processing conditions also may contaminate the raw milk dairy product.
Pasteurization of raw milk is lethal to pathogens. Thus, the presence of pathogens in a dairy
product made from milk that was subjected to a pasteurization process indicates inadequate
pasteurization or post-pasteurization contamination.
Salmonella - Salmonella is a pathogen that, when consumed, can cause an infection. A dose of
as little as 15-20 organisms can cause illness. The symptoms of infection include gastroenteritis.
Salmonella is shed in the feces of infected animals and can contaminate pasture land and milking
parlors.
EHEC O157:H7 and other enterohemorrhagic Escherichia coli - The infectious dose of
EHEC 0157:H7 is estimated to be between 10-100 organisms. When food contaminated with the
EHEC O157:H7 is consumed, the pathogen colonizes the intestinal tract where it produces a

toxin and causes haemorrhagic colitis that can progress to more serious complications such as
haemolytic uraemic syndrome or thrombotic thrombocytopenic purpura. EHEC O157:H7 is the
predominant EHEC strain that has caused illness worldwide. However, other EHEC serotypes
have also been implicated in illness and are of public health concern.
Campylobacter jejuni - A dose of 400-500 organisms of Campylobacter jejuni can cause
infection. Symptoms of infection include abdominal pain, fever, diarrhea, and vomiting.
Campylobacter jejuni can either be shed in feces or in milk from an infected udder of a dairy
animal. Most human outbreaks of infection of Campylobacter jejuni that are associated with
dairy products have been linked to raw milk or inadequately pasteurized milk.
Yersinia enterocolitica - Yersinia enterocolitica is a pathogen which causes infection. Symptoms
of infection include gastroenteritis, fever, diarrhea, bloody stools, rash, joint pain, nausea,
vomiting, headache, and malaise. Infection by Yersinia enterocolitica is also considered a cause
of reactive arthritis. Yersinia enterocolitica has been found in many different animals and is shed
in feces.
Clostridium botulinum - Clostridium botulinum produces a neurotoxin. A few nanograms (ng)
of the neurotoxin can cause illness. Symptoms include lassitude, weakness, vertigo, double-
vision, difficulty speaking, and difficulty swallowing. Symptoms can progress to difficulty of
breathing, weakness of other muscles, abdominal distention, and constipation. The incidence of
this disease is low, but the mortality rate is high if not treated immediately and properly.
Although the neurotoxin is heat labile and can be destroyed when exposed to a minimum of 80
oC for 10 minutes, the time and temperature reached in pasteurization do not destroy the
neurotoxin.
Enterotoxigenic Staphylococcus – Some species of Staphylococcus produce an enterotoxin that
is extremely heat stable and is not inactivated at pasteurization
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temperatures. When ingested, the enterotoxin may rapidly produce symptoms including nausea,
vomiting, retching, abdominal cramps, muscle cramping, headache, and transient changes in
blood pressure and pulse rate. The presence of any Staphylococcus enterotoxin in a dairy product
is of public health concern.
A dairy cow with mastitis may be the source of enterotoxigenic Staphylococcus in raw milk,
which may subsequently be commingled with other milk. Also, at any point from the milk
collection process to the packaging of the finished product, enterotoxigenic Staphylococcus
species can be introduced by an infected human, inadequate employee hygienic practices, such
as inadequate hand washing, equipment and utensils that are not cleaned and sanitized, or
contaminated raw material.

Staphylococcus aureus has traditionally been used as a microbiological indicator of insanitation
during processing. Because of environmental factors, low levels of Staphylococcus aureus may
be found in raw milk, even when produced using good manufacturing practices (GMPs).
However, excessive numbers of Staphylococcus aureus organisms in raw milk or other dairy
products, i.e., greater than or equal to 104 cfu/g, indicate that the product was produced under
insanitary conditions.
Bacillus cereus - Bacillus cereus can cause illness when 106 cfu/g or more are consumed in
food. There have been two enterotoxins produced by Bacillus cereus identified as causing
foodborne illness. Illness is characterized by abdominal pain and diarrhea or nausea and
vomiting. Bacillus cereus is commonly found in soil, on vegetables, and in many raw and
processed foods, including milk and cheese.
Additional information about foodborne pathogens and associated diseases can be found in the
Bad Bug Book.
B. Nontoxigenic Escherichia coli
Escherichia coli has traditionally been used as a microbiological indicator of insanitation during
processing. Escherichia coli are not inherently present in the milk of a dairy animal. Escherichia
coli in milk and dairy products generally originate from animal or human feces. Thus, the
presence of Escherichia coli in milk or other dairy product means that the milk or dairy product
was exposed either directly or indirectly to feces.
Because of the close association of raw milk with the animal environment, low levels of
Escherichia coli may be present in raw milk or products made from raw milk, even when
properly produced using GMPs. Insanitary conditions, including poor employee hygiene
practices, improperly sanitized utensils and equipment, or contaminated raw materials, may also
be a source of Escherichia coli in milk and other dairy products.
C. Alkaline phosphatase
Alkaline phosphatase is an enzyme that is naturally found in milk. Although the alkaline
phosphatase in milk is more thermal resistant than nonsporeforming microorganisms, it is
denatured by pasteurization temperatures. Therefore, the presence of alkaline phosphatase
indicates the milk was not properly pasteurized. The alkaline phosphatase
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level should be negligible in dairy products, other than certain cheese and cheese products.
For some dairy products such as certain cheeses, microorganisms used during production
produce alkaline phosphatase. For some cheeses, the maximum level of alkaline is established in
the standard of identity for the cheese (21 CFR part 133). For other cheese and related cheese

products required to be made from pasteurized milk, the alkaline phosphatase level should not be
greater than 3 μg/0.25 g (12 micrograms phenol equivalents per gram).
III. Policy:
FDA will review the available evidence on a case-by-case basis to determine whether a dairy
product is adulterated and, in doing so, will be guided but not bound by the following general
statements of policy relating to the presence in those products of pathogens, nontoxigenic
Escherichia coli, or alkaline phosphatase.
A. Pathogens
Salmonella species, EHEC O157:H7 and other enterohemorrhagic Escherichia coli,
Campylobacter jejuni, Yersinia enterocolitica, vegetative cells of Clostridium botulinum,
Clostridium botulinum toxin, Staphylococcus enterotoxin, or Bacillus cereus enterotoxin
Dairy products may be considered adulterated within the meaning of section 402(a)(1) of the
Federal Food, Drug, and Cosmetic Act (the Act) (21 U.S.C. 342 (a)(1)) in that they bear or
contain a poisonous or deleterious substance which may render them injurious to health when
Salmonella species, EHEC O157:H7 and other enterohemorrhagic Escherichia coli,
Campylobacter jejuni, Yersinia enterocolitica, vegetative cells of Clostridium botulinum,
Clostridium botulinim toxin, Staphylococcus enterotoxin, or Bacillus cereus enterotoxin are
present.
Staphylococcus aureus
Dairy products may be considered adulterated within the meaning of section 402(a)(4) of the Act
(21 U.S.C. 342(a)(4)), in that they have been prepared, packed, or held under insanitary
conditions whereby they may have been rendered injurious to health when Staphylococcus
aureus are present at levels greater than or equal to 104 cfu/g.
Bacillus cereus
Dairy products may be considered adulterated within the meaning of section 402(a)(4) of the Act
(21 U.S.C. 342(a)(4)), in that they have been prepared, packed, or held under insanitary
conditions whereby they may have been rendered injurious to health when Bacillus cereus are
present at levels greater than or equal to 104 cfu/g.
B. Nontoxigenic Escherichia coli
Dairy products may be considered adulterated within the meaning of section 402(a)(4) of the Act
(21 U.S.C. 342(a)(4)), in that they have been prepared, packed, or held under insanitary
conditions whereby they may have become contaminated with filth when
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Escherichia coli is found at levels greater than 10 MPN per gram in two or more subsamples or
greater than 100 MPN per gram in one or more subsamples.
C. Alkaline phosphatase
Dairy products made from bovine milk may be considered adulterated within the meaning of
section 402(a)(4) of the Act (21 U.S.C. 342 (a)(4)) when:
• For cheese and related cheese products required to be made from pasteurized milk (21 CFR
part 133), alkaline phosphatase levels are:
o Greater than 5 μg/0.25 g (20 micrograms phenol equivalents per gram) in one or more
subsamples for brick (21 CFR 133.108), semisoft (21 CFR 133.187), and semisoft part-skim
cheeses (21 CFR 133.188);
o Greater than 4 μg/0.25g (16 micrograms phenol equivalents per gram) in one or more
subsamples for Limburger cheese (21 CFR 133.152); or
o Greater than 3 μg/0.25 g (12 micrograms phenol equivalents per gram) in one or more
subsamples for all other cheese and related cheese products.
• For dairy products other than cheese and related cheese products, alkaline phosphatase level is
greater than or equal to 2.0 micrograms phenol equivalents per gram in one or more subsamples.
IV. Regulatory Action Guidance:
Interstate Milk Shippers
Dairy products produced in an Interstate Milk Shippers (IMS) listed plant that may be considered
adulterated under the Act should first be referred to the appropriate State regulatory agency for
follow-up. This includes a non-IMS product manufactured in an IMS-listed plant for which the
State is providing a regulatory program to address these issues. If the State is unable to take
appropriate action, the appropriate program field office should proceed to initiate FDA action as
indicated below.
Direct Reference
The following represents criteria for direct reference seizure *requests to the Office of Human
and Animal Food Operations (OHAFO) in consultation with the Office of Enforcement and
Import Operations (OEIO) and CFSAN, for direct reference import detention by the appropriate
division within the Human and Animal Food Program, and for direct reference requests for
detention without physical examination (DWPE) to ORA, Office of Enforcement and Import
Operations (OEIO) *:

Analysis of the dairy product demonstrates that one or more subsamples is positive for
Salmonella species, Campylobacter jejuni, Yersinia enterocolitica, Staphylococcus enterotoxin,
or Bacillus cereus enterotoxin.
Recommendations
The following represent criteria for recommending seizure, import detention, or DWPE to
CFSAN/Office of Compliance/Division of Enforcement (HFS-605):
1. 	For all dairy products:
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. 	EHEC O157:H7 or other enterohemorrhagic Escherichia coli, or vegetative cells of
Clostridium botulinum, or Clostridium botulinum toxin found in one or more subsamples; or
. 	Escherichia coli found at levels greater than 10 MPN per gram in two or more
subsamples or greater than 100 MPN per gram in one or more subsamples; or
. 	Staphylococcus aureus found at levels greater than or equal to 104 cfu/g in one or more
subsamples; or
. 	Bacillus cereus found at levels greater than or equal to 104 cfu/g in one or more
subsamples.
. 	2. For cheese and related cheese products made from pasteurized bovine milk:
. 	• Alkaline phosphatase level in:
. 	o Brick, semisoft, and semisoft part-skim cheeses - greater than 5 μg/0.25 g (20
micrograms phenol equivalent per gram) in one or more subsamples;
. 	o Limburger cheese - greater than 4 μg/0.25g (16 micrograms phenol equivalent per
gram) in one or more subsamples for Limburger cheese;
. 	o All other cheese and related cheese products - greater than 3 μg/0.25g (12 micrograms
phenol equivalent per gram) in one or more subsamples.
3. For all other dairy products made from bovine milk, except cheese and related cheese
products:

. 	Alkaline phosphatase level is greater than or equal to 2.0 micrograms phenol equivalents
per gram in one or more subsamples.
Other Considerations
This guidance does not establish acceptable levels of pathogens, nontoxigenic Escherichia coli,
or alkaline phosphatase in dairy products. FDA may choose to take action against adulterated
food that does not meet the criteria under this Section.
V. Specimen Charges:
Domestic Seizure
A. Pathogens
Salmonella species, EHEC O157:H7 or other enterohemorrhagic Escherichia coli,
Campylobacter jejuni, Yersinia enterocolitica, vegetative cells of Clostridium botulinum,
Clostridium botulinum toxin, Staphylococcus enterotoxin, Bacillus cereus enterotoxin
The article of food was adulterated when introduced into and while in interstate commerce and is
adulterated while held for sale after shipment in interstate commerce, within the meaning of the
Act, 21 U.S.C. 342(a)(1), in that it bears and contains a poisonous or deleterious substance,
namely ________, which may render it injurious to health.
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Staphylococcus aureus
The article of food was adulterated when introduced into and while in interstate commerce and is
adulterated while held for sale after shipment in interstate commerce, within the meaning of the
Act, 21 U.S.C. 342(a)(4), in that it has been prepared, packed, and held under insanitary
conditions whereby it may have been rendered injurious to health.
Bacillus cereus
The article of food was adulterated when introduced into and while in interstate commerce and is
adulterated while held for sale after shipment in interstate commerce, within the meaning of the
Act, 21 U.S.C. 342(a)(4), in that it has been prepared, packed, and held under insanitary
conditions whereby it may have been rendered injurious to health.
B. Nontoxigenic Escherichia coli
The article of food was adulterated when introduced into and while in interstate commerce and is
adulterated while held for sale after shipment in interstate commerce, within the meaning of the

Act, 21 U.S.C. 342(a)(4), in that it has been prepared, packed, and held under insanitary
conditions whereby it may have become contaminated with filth.
C. Alkaline phosphatase
The article of food was adulterated when introduced into and while in interstate commerce and is
adulterated while held for sale after shipment in interstate commerce, within the meaning of the
Act, 21 U.S.C. 342(a)(4), in that it has been prepared, packed, and held under insanitary
conditions whereby it may have been rendered injurious to health.
Import Detention
A. Pathogens
Salmonella species, EHEC O157:H7 or other enterohemorrhagic Escherichia coli,
Campylobacter jejuni, Yersinia enterocolitica, vegetative cells of Clostridium botulinum,
Clostridium botulinum toxin, Staphylococcus enterotoxin, Bacillus cereus enterotoxin
The article of food is subject to refusal of admission pursuant to section 801(a)(3) of the FD&C
Act in that it appears to be adulterated within the meaning of section 402(a)(1) of the FD&C Act
in that it bears and contains a poisonous and deleterious substance, namely , which may render it
injurious to health.
Staphylococcus aureus
The article of food is subject to refusal of admission pursuant to section 801(a)(3) of the FD&C
Act in that it appears to be adulterated within the meaning of section 402(a)(4) of the FD&C Act
in that it has been prepared, packed, and held under insanitary conditions whereby it may have
been rendered injurious to health.
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Bacillus cereus
The article of food is subject to refusal of admission pursuant to section 801(a)(3) of the FD&C
Act in that it appears to be adulterated within the meaning of section 402(a)(4) of the FD&C Act
in that it has been prepared, packed, and held under insanitary conditions whereby it may have
been rendered injurious to health.
B. Nontoxigenic Escherichia coli
The article of food is subject to refusal of admission pursuant to section 801(a)(3) of the FD&C
Act in that it appears to be adulterated within the meaning of section 402(a)(4) of the FD&C Act
in that it has been prepared, packed, and held under insanitary conditions whereby it may have
become contaminated with filth.

C. Alkaline phosphatase
The article of food is subject to refusal of admission pursuant to section 801(a)(3) of the FD&C
Act in that it appears to be adulterated within the meaning of section 402(a)(4) of the FD&C Act
in that it has been prepared, packed, and held under insanitary conditions whereby it may have
been rendered injurious to health.*
*Material between asterisks is new or revised.*
Issued: 10/1/80 Revised: 7/1/83, 8/1/86, 3/95, 8/96, 12/2010