Click here to open pdf file

FEDERAL LAW
GOVERNMENT OF AUSTRIA

2006 Published March 9, 2006 Part III
Regulation 106: Raw Milk Regulation

Regulation 106. by the Federal Minister for Health and Women on Raw Milk and Raw Cream (Raw Milk Regulation)

Because of § 14 Z 1 of the Food Safety- and Consumer Protection Law – LMSVG, BGB1. I No. 13/2006, modified by the Federal Law BGB1. I No. 151/2005, it is decreed in agreement with the Federal Minister for Agriculture and Forestry, Environment and Water Management to:

VALIDITY
§ 1. This regulation regulates the distribution of raw milk and raw cream for direct human consumption and regulates the connected treatments and labeling condition.

GENERALITIES
§ 2. (1) Raw milk and raw cream are permitted for distribution only directly from the producer to the end user or to single unit retailers, and from these retailers directly to the end user.

(2) Raw milk and raw cream are not permitted for distribution to schools and kindergartens. Other facilities for community nutrition, that receive raw milk or raw cream according to § 1 must use these only for the production of meals and drinks that undergo a heat treatment at a sufficiently high core temperature that ensures that pathogenic micro-organisms are killed.

MILK DISTRIBUTION EQUIPMENT
§ 3. Raw milk can only be distributed from an officially accredited milk distribution machine, if it is garanteed that the raw milk does not suffer any hygienically negative impact by the machine or its location.

TIMING OF DISTRIBUTION
§ 4. Raw milk many only be distributed on the day of production and on the two subsequent days. Raw cream many only be produced and distributed on the day of the milk production or on the following day.

LABELING
§ 5. (1) Independently from the food labeling regulation 1993 – LMKV, BGB1. No. 72/1993 in its respective versions, raw milk for direct human consumption must be labeled with the statement “Raw Milk, heat treat before consumption” and raw cream with the statement “Raw Cream, use only for the production of heat treated foods”.

(2) For raw milk and raw cream that can not be labeled according to the Food Labeling Regulation 1993 – LMKV and that are not for onsite consumption, the indication according to the paragraph 1 – in the case of distribution to end user – has to be posted so that the end user can clearly read it. By distribution to single unit retailers the transport container and the accompanying documents such as delivery slip or bill must indicate “raw milk” or “raw cream”.

CRITERIA
§ 6. Raw milk has to fulfill the following criteria:
1.Raw Cow Milk:
a)pathogen count at 30°C (per ml): = 50,000;
b)somatic cells (per ml): = 400,000.
2. Raw Milk from other animal species: pathogens at 30°C (per ml): = 500,000

PERSON SPECIFIC DEFINITIONS
§ 7. The definitions of the persons that are mentioned in this regulation cover both genders.

FINAL REGULATION
§ 8. This Regulation has been certified in accordance with the Directives of the Regulation 98/34/EG about the Information Process in the field of norms and technical directives, ABl. No. L 204 of July 21, 1998 and the article 10 paragraph 5 of the directive (EG) No. 853/2004 with special definitions for the hygiene of food of animal origin, ABl No. L 139 of April 30, 2004, corrected by ABl No. L 226 of June 25, 2004.