§ 59.33. Problems.

 (a)  Whenever two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures—taken on separate days—exceed the limit of the standard for the milk or dairy products, the Department will send a written notice thereof to the permit holder concerned. In the case of individual producers, the permit holder shall send the written notice. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. In the case of an individual milk producer, whenever test standards are exceeded by three of the last five bacteria, temperature, or somatic cell counts, the plant purchasing the milk shall immediately exclude such milk from the supply for a period of at least two days or until such time as conformance can reasonably be assured. In the case of a permit holder, whenever the standard of the product is exceeded by three of the last five bacteria counts, coliform determinations or temperature determinations, the permit holder shall be subject to the punitive clause of the Milk Sanitation Law, section 20 of the act of July 2, 1935 (P. L. 589, No. 210) (31 P. S. §  660d).

 (b)  Whenever a phosphatase test is positive, the cause shall be determined. When the cause is improper pasteurization, it shall be corrected, and any milk or milk product involved shall not be offered for sale. Reference should be made to §  59.309 (relating to approved laboratory reports).

 (c)  Whenever a growth-inhibitor or pesticide residue test is positive, an investigation shall be made to determine the cause, and the cause shall be corrected. An additional sample shall be taken and tested for growth-inhibitor or pesticide residues, and no milk shall be offered for sale until it is shown by a subsequent sample to be free of growth-inhibitor or pesticide residue or below the actionable levels established for such residues.

 (d)  When a test conducted by an approved laboratory indicates that milk from a producer is unsafe due to a growth inhibitor, the permit holder shall immediately notify and suspend the producer for 2 days. A test shall be made of the subsequent milking after suspension, and it must be free of growth inhibitor before offering that milk for sale.

   This section cited in 7 Pa. Code §  59.302 (relating to raw milk); and 7 Pa. Code §  59.304 (relating to milk and milk products from beyond the limits of routine inspection).