Orientation Session
2017
National Conference on
Interstate Milk Shipments
Cary Frye
Program Chair
National Conference on Interstate Milk
Shipments
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Overview of NCIMS
Executive Board
Proposal Process
Attendee Participation
Committees and Councils
General Assembly Voting
Post Conference Actions
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Overview of NCIMS
• We are a non-profit organization whose goal
is "To Assure the Safest Possible Milk
Supply for All the People."
• The Conference is made up of people in the
dairy industry
– Inspectors, state and FDA regulators
– Dairy farmers and milk cooperative staff
– Milk haulers
– Processing plant personnel
– Dairy equipment and laboratory supplier
companies
– Academic researchers and advisers
– Trade associations representatives
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FDA
States
is a
Cooperative
Program
Industry
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MOU
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Memorandum of Understanding Between FDA and the NCIMS (1977)
FDA has responsibility for enforcing the FD&C Act
NCIMS is a voluntary organization directed and controlled by the member
states
Collaboratively FDA and NCIMS will develop a cooperative federal-state
program (IMS Program) to insure the sanitary quality of milk shipped
interstate
IMS Program is operated by states with technical, scientific and inspection
by FDA
IMS Program relies on the PMO and related technical documents to ensure
safety and wholesomeness of milk
FDA considers these standards and requirements adequate for the
protection of public health
Agreement with FDA and NCIMS to follow principles of the Procedures and
execute the IMS program
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2017 NCIMS Conference
• NCIMS meets biennially in odd-numbered years to
consider changes, additions, deletions and modifications
to the IMS regulations.
– The Conference had its first official meeting in 1950
• More information www.ncims.org
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2017 NCIMS Conference
• Model Documents, Memos, IMS List:
– PMO, Methods of Making Sanitation Rating on Milk
Shippers, Procedures of the NCIMS, Constitution &
Bylaws
• http://www.fda.gov/Food/FoodSafety/ProductSpecificInformation/MilkSafety/default.htm
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NCIMS EXECUTIVE BOARD
APPOINTS COMMITTEE & COUNCIL MEMBERS
HANDLE BUSINESS BETWEEN CONFERENCES
HELD EVERY OTHER YEAR
VICE CHAIR
(elected from
Board Members)
CHAIR
(elected from
Board Members)
Western States - 4 members + 1
at large
Central States - 4 members + 2
at large
Eastern States - 4 members +
1 at large
1 state rating
1 industry
1 state enforcement
1 local health department
1 U.S. Department of Agriculture
1 state rating
1 industry
1 state enforcement
1 local health department
1 education
1 laboratory
1 state rating
1 industry
1 state enforcement
1 local health department
1 FDA
OTHER MEMBERSHIPS: U.S. Trust Territories, Non U.S. Countries or Political Subdivisions
Executive Secretary Treasurer - no vote
Immediate Past Chairman - no vote
Program Chairman - no vote
Chairman of NCIMS Liaison Committee - no vote
3 Council Chairman - no vote
Consumer Representative - no vote
IDFA - no vote
NMPF - no vote
International Third Party Certifier – no vote
2015 Executive Board
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NCIMS Executive Board Members
Executive Board
Dr. Stephen Beam, Conference Chair, Sacramento, CA
David E. Lattan, Vice Chair, Carlinville, IL
John L. Miller, Past Chair, Monticello, FL
Marlena G. Bordson, Executive Secretary, Monticello, IL
Region I - Eastern States - Terms Expire 2017
Casey McCue
Rebecca Piston
John Sheehan
James Williamson
VACANT
State Enforcement
Albany, NY
Industry
Portland, ME
FDA
College Park, MD
State Rating
Columbia, SC
State Enf./Rating – Local Health
Region III - Western States - Terms Expire - 2021
Randall W. Chloupek State Rating
Harvard, NE
Antone Mickelson
Industry
Seattle, WA
Michael K. Wiggs
State Enforcement
Twin Falls, ID
William Francis
USDA
Washington, DC
Stephen Beam
State Enf./Rating - Health Sacramento, CA
EX OFFICIO
Gena Reich
Council I Chair
Kennewick, WA
Thomas G. Angstadt Council II Chair
Erie, PA
Roger Hooi
Laboratory
Dallas, TX
Council III Chair
Rockford, IL
Stephen DiVincenzo State Enforcement
Springfield, IL Doug Cart
Ken
Anderson
TPC
Representative
Arlington
Heights, IL
Dr. Patrick Gorden Academia
Ames, IA
Consumer Representative
Raleigh, NC
Roger Tedrick
State Enf./Rating - Health Reynoldsburg, OH Patricia Buck
Past Chair
Tallahassee, FL
Gene Wiseman
State Rating
Jefferson City, MO John L. Miller**
David E. Lattan
Industry
Carlinville, IL
Casey McCue*
Liaison Committee Chair
Albany, NY
Cary P. Frye
Program Chair
Washington, DC
Clay Hough
IDFA Representative
Washington, DC
Beth Briczinski
NMPF Representative
Arlington, VA
Marlena G. Bordson Executive Secretary
Monticello, IL
*Also elected member of Board ** Serves until next Chair elected
Region II - Central States - Terms Expire 2019
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Proposal Process - Prior to Conference
Request for proposals - November
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Proposal submitted by deadline - February
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Program Committee assigns proposal to Council and,
if appropriate, Committee - February
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NCIMS Conference – April-May
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Proposal Assignments
COUNCIL
PROCEDURES
PMO (includes DMO)
I
NONE
Sec. 7, 8, 9, 10,
12, 13, 14
App. A, C, D, H, I, J, M, O,
Q
II
NONE
Sec. 1, 2, 3, 4, 5, 6, 15, 16
App. B, E, F, G,
L, N, P and R
III
ALL
PROCEDURES
ITEMS
Sec. 11, 17, 18
App. K, S
PMO
Introduction
OTHER
Technical
Issues
SSCC
MMSR
EML
Resolutions
Constitution/Bylaws
Reciprocity
Issues
International Certification
Program
Proposals are assigned to appropriate Committees
(i.e., Laboratory, MMSR, SSCC, Hauling, HACCP,
Scientific Advisory, Technical Review, etc.).
Committee recommendations are then referred back to
the appropriate
Councils for further consideration.
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NCIMS Proposals
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Proposal Process - At Conference
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Committee decision and recommendation to Council (Fri - Sat)
Reports to Councils
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Council discussion and recommendation to Delegates (Sun - Mon)
(Pass, Amend and Pass, No Action)
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Voting Delegates deliberation and decision (Tues- Wed)
(Pass, Amend and Pass, No Action, Table)
Note: all proposals that are sent as "no action" from Council are considered
together and dispensed with, unless held over for consideration by state
delegate
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Attendee Participation
• All meetings listed in the program are open to
Conference attendees
• Open discussion, questions and comments either in
support or opposition to a proposal are welcomed
• Procedures
– Robert's Rule of Order are used
– Chair runs the committee, council or general assembly meeting
– Typically proposals are considered in numerical order by the
Chair unless a change is requested
– Proposal submitter is asked to introduce the proposal
– Committee/council/state delegates debate the proposal or
amend
– Non-committee/council/delegates MUST be recognized my
member to speak
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NCIMS Standing Committees
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Laboratory - Frank Barcellos (OK)
NCIMS/FDA Liaison – Casey McCue (MN)
Constitution & Bylaws – Ellen Fitzgibbons (MA)
Documents Review - Mike Wiggs (ID)
Method of Making Sanitation Ratings (MMSR)- Mike Wiggs (ID)
Other Species Milk - Lynn Hinckley (U. Conn)
Program - Cary Frye (IDFA)
Hauling Procedures – Randy Chloupek (NE)
Scientific Review - Dr. Nichole Neeser, (MN)
Single Service Container (SSCC) - Randy Chloupek (NE)
Technical Engineering Review - Dave Lattan (Prairie Farms)
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NCIMS Ad Hoc Committees
• Appendix N Modification Study (Proposal 05-243) - Roger Hooi
(Dean Foods)
• Aseptic Program Committee (Proposal 11-301&308) - Sia
Economdies (Nestle) and Terry Philibeck ( MI ) Co-Chairs
• International Certification Program (Proposals 05-316 and 07304, 09-304, 11-309)
- Claudia Coles (WA) & Tom Ford (IN)
• HACCP Implementation – Jason Crafts (Gossner Foods)
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Councils
Council I
Council II
Council III
Laws & Regulations
Responsibilities of
Conference Participants
Application of Conference
Agreements
Chair &
Vice Chair(no vote)
Chair &
Vice Chair (no vote)
Chair &
Vice Chair (no vote)
20 Members
20 members
20 members
The Chairman appoints a consultant for each Council from the Board.
The consultant has no voting rights but will offer advice when needed.
FDA also appoints a consultant for each Council.
COUNCIL MAKE-UP
• 20 Voting members appointed by the Council
Chair and approved by the Executive Board
– 10 Representatives from State Milk Regulatory
Agencies/State Milk Rating
– 10 Representatives from Industry equally
divided between Producers and Processors
– 1 Executive Board Representative
– 1 FDA Consultant
– 4 Alternate Delegates – representing dairy
processing, dairy producer, state milk regulatory
agency and state milk rating agency
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COUNCIL CHAIRS
• Each Council has a Chair and a Vice Chair
appointed by the NCIMS Chair and approved by the
NCIMS Executive Board
• Chair and Vice Chair serve as non-voting member
• Council Chair and Vice Chair serves through two
consecutive biennial meeting of the Conference
• At the end of Council Chair’s term, the Vice Chair
becomes Chair and a new Vice Chair will be
appointed from the Council and will represent the
same segment of the Conference as the outgoing
Chair
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DUTIES OF THE COUNCIL CHAIR
AND VICE CHAIR
• Ensure that all assigned proposals are
deliberated fairly
• Ensure that Council seating is properly
balanced and that a quorum exists
• Report the actions of the Council to the
certified voting delegates in General
Assembly for final delegate action
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COUNCIL I
• Gena Reich, Washington Dept. of
Agriculture, Chair
• Thomas Benthien, Prairie Farms Dairy,
Vice Chair
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COUNCIL I RESPONSIBILITIES
• Deals with Proposals assigned by the
Program Committee
Sections 7,8,9,10,12,13,14
• Appendixes A,C,D,H,I,J,M,O,Q,
• Technical Issues & SSCC
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STANDING COMMITEES UNDER
COUNCIL I CHAIR’S OVERSIGHT
• Scientific Advisory Committee
Chair - Dr. Nichole Neeser, Minnesota
• Single Service Container Committee (SSCC)
Chair – Randy Chloupek, Nebraska
• Technical Engineering Review Committee
Chair– David Lattan, Prairie Farms
• No Ad Hoc Committees at present
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COUNCIL II
• Randy Chloupek, Nebraska Dept. of
Agriculture, Chair
• Laura Traas, WI Dept. of Agriculture,
Trade & Consumer Protection, Milwaukee,
WI, Vice Chair
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COUNCIL II RESPONSIBILITIES
• Deals with Proposals assigned by the
Program Committee
• Sections 1,2,3,4,5,6,15,16
• Appendixes B,E,F,G,L,N,P,R
• MMSR-Methods of Making State Ratings
• EML-Evaluation of Milk Laboratories
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STANDING COMMITEES UNDER
COUNCIL II CHAIR’S OVERSIGHT
• Hauling Procedures Committee
Chair - Randy Chloupek, Nebraska
• Laboratory Committee
Chair - Frank Barcellos, Oregon
• MMSR Committee
Chair - Mike Wiggs, Idaho
• Other Species Committee
Chair - Lynn Hinckley, LSH Consulting
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AD HOC COMMITTEE UNDER COUNCIL
II CHAIR’S OVERSIGHT
• Appendix “N” Modification Committee
(Proposal #243 from 2005 Conference)
Chair-Roger Hooi, Dean Foods
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COUNCIL III
• Doug Cart, Dean Foods Company, Chair
• Casey McCue, NY Dept. of Agriculture
and Markets, Vice Chair
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COUNCIL III RESPONSIBILITIES
• Deals with Proposals assigned by the
Program Committee
• Sections 11,17 and 18 and Appendix K, S
• Constitution and Bylaws
• The Procedures Document
• Issues of Reciprocity
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STANDING COMMITEES UNDER
COUNCIL III CHAIR’S OVERSIGHT
• Aseptic Program Committee
Co Chairs –Sia Economides, Nestle & Terry
Philibeck, Michigan
• Constitution and Bylaws Committee
Chair – Ellen Fitzgibbons, Massachusetts
• Document Review Committee
Chair– Mike Wiggs, Idaho
• Liaison Committee
• Chair – Casey McCue, New York
• International Certification Program (ICCP)
Co-Chairs – Claudia Coles, Washington & Tom
Ford, Indiana
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Joint Councils
• When a proposal is submitted that needs to be
considered by multiple Councils a Joint Council
meeting is held
• The 2017 NCIMS will consider 4 proposals in a Joint
Council session, which is run by Council III Chair
Doug Cart
• Each Joint Council proposal will be deliberated by the
all three councils, allowing for robust discussion by all
council members, and when recognized, by
conference attendees
• Voting on the joint Council proposals will be done only
by Council III members
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FRIENDLY REMINDERS
• Respect the position of the Council Chair , Vice
Chair, and Scribes as it is a really tough job handing
and keeping the proceedings straight in order to
move the proposals correctly out of Council
• When asking to speak, state your name and identify
the agency /industry that you represent
• Let the previous speaker finish before attempting to
interject your thoughts
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Proposal Process - At Conference
Committee decision and recommendation to Council (Fri-Sat)
Reports to Councils
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Council discussion and recommendation to Delegates (Sun-Mon)
(Pass, Amend and Pass, No Action)
Note: Tuesday am pick up copies of proposals (colored sheets) with committee
and council actions and amendments
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Voting Delegates deliberation and decision (Tues-Wed)
(Pass, Amend and Pass, No Action, Table)
Note: all proposals that are sent as "no action" from Council are considered
together and dispensed with, unless held over for consideration by state
delegates
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NCIMS Proposals
X
X
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TO ADOPT IN GENERAL ASSEMBLY
• Each state present has one vote
– Some states that have two representatives, one from
enforcement and one rating - each has a half vote
• A delegate quorum must be present
• Voice vote is used unless a roll call is requested
• A delegate quorum is defined as the registered voting
delegates from at least two-thirds (2/3) of the States
which have designated official delegates.
• Adoption of motions involving actions not otherwise
covered in the Constitution and Bylaws shall require a
simple majority vote of the delegate quorum.
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ADOPTION OF PROCEDURES
• New Procedure
In order for a new procedure to be adopted, it requires a simple majority vote to
be taken on the second delegate voting day of the meeting of the Conference.
• Change in a Procedure
In order to change a procedure, two (2) ballots are required. The first ballot
shall be made on the first delegate voting day and requires a majority vote of
the delegate quorum. If the motion for change carries on the first ballot, the
second consideration shall then be made on the second delegate voting day of
the Conference.
The second ballot shall require at least a two-thirds (2/3) majority vote of the
delegate quorum.
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AMENDMENTS TO THE
CONSTITUTION and BYLAWS
• The Constitution and Bylaws may be amended at the
biennial meeting of the Conference, the delegates
having had forty-five (45) days notice from the Executive
Secretary of the proposals. Proposed amendments
must be submitted to the Executive Secretary ninety
(90) days before the annual meeting.
• Adoption of an amendment to the Constitution and the
Bylaws shall require at least two-thirds (2/3) majority of
the vote of the delegate quorum.
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Proposal Process - Post Conference
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Transcript of Conference to FDA - within 45 days after conference
(June)
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FDA concur/non-concur letter to Executive Board - within 90-days after
receiving transcripts (mid September.)
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Executive Board meeting (September/October)
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FDA concurs and mutually agreeable non-concurs as published in
IMS-a (October)
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Implementation – One year after electronic publication of affected
documents or notification to states by IMS-a
(FDA updates published documents, PMO, Procedures, MMSR, EML, etc)
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Unresolved business sent to next Conference
Note: Amendments to the Constitution and Bylaws become effective
at the close of the Conference at which they are adopted
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Questions?