A derogation is a deviation under special circumstances to allow the milk in question to be accepted into the EU export certification program. A derogation will be granted provided that during the processing of milk or milk products they are (i) pasteurized or (ii) made into raw milk cheese that will be aged at least 60 days before being placed on the market. While a farm is under a derogation, testing of the farm samples are expected to continue.

AMS will base seasonal derogation on the farm being in compliance 9 months of the year. The purpose of a seasonal derogation is to recognize a farm that has satisfactory production methods may still not be able to meet the requirements during certain seasonal periods due to circumstances outside the control of the farm. Seasonal derogations must be caused by a seasonal phenomenon (for example: temperature, seasonal rains) and not by poor sanitation, hygiene or animal husbandry practices. Seasonal derogations must be renewed every three years.

The following information must be provided when requesting a derogation: name of requester; phone number; e-mail address; the name, city, state, plant number and customer (Applicant Number) of milk supplier requesting the derogation; the information for the farm needing the derogation (name of the farm, location and patron identifier); the month of year the derogation is being requested and the counts for that farm (three months records for a standard derogation or 12 months for a seasonal derogation.)

A request for seasonal derogation must be supported by legitimate records such as DHIA or processor data and milk check information (at least 12 month’s records) and be consistent with the expected seasonal variations for the area. Seasonal derogation requests that do not correspond with normal seasonal variations will not be granted.

AMS expects most standard (non-seasonal) derogations to be granted within 5 business days. Seasonal derogations may take longer. Derogations must be requested via E-mail. Each request will be reviewed by AMS supervisory staff. AMS will accept derogations and apply them retroactively if the plant makes the request in a reasonable time frame.

AMS would deny a derogation application if there was no apparent effort to bring the farm into compliance during the previous derogation and renewal of the derogation would be detrimental to the EU certification program.