Subchapter C. MISCELLANEOUS PROVISIONS

§ 59.301. Animal health.

 (a)  T. B. accreditation. All milk for pasteurization shall be from herds which are located in a Modified Accredited Tuberculosis Area or Accredited Free State as defined by the United States Department of Agriculture, 9 CFR Part 77 and the Tuberculosis Uniform Methods and Rules. Herds located in an area that fails to maintain such accredited status shall have passed an annual tuberculosis test.

 (b)  Brucellosis certification. All milk for pasteurization shall be from herds under a brucellosis eradication program which conforms with United States Department of Agriculture requirements, 9 CFR Part 78 and the Brucellosis Uniform Methods and Rules.

 (a)  Herd health. Raw milk shall be milk from cows or goats that have been determined to be free from brucellosis and tuberculosis by annual tests conducted in accordance with the Individual Certified and Accredited Herd Plan set forth in Chapters 7 and 9 (relating to brucellosis regulations; and control and eradication of tuberculosis of livestock). An annual physical examination of the animals shall be made by a licensed veterinarian and report of the examination shall be filed with the producer.

 (b)  General requirements. Raw milk shall meet all the requirements of § §  59.101—59.121 (relating to sanitation requirements applicable to production of milk for pasteurization) with the following exceptions:

   (1)  Permits shall be issued for sale of raw milk only upon submission of the required application.

   (2)  Labeling on all containers and caps except those owned by customers shall be approved by the Department.

   (3)  Water supplies shall meet the requirements of §  59.108 (relating to water supply), except that samples for bacteriological testing of individual water supplies shall be taken upon the initial approval of the physical structure, each 6 months thereafter, and when any repair or alteration of the water supply system has been made. Bacteriological examinations shall be conducted in a laboratory acceptable to the Department.

   (4)  One-room milk houses shall be sufficient if the milk is to be sold in containers owned by the customers. If the containers of the producers are to be used, an additional room shall be provided for bottle washing.

   (5)  Milk houses or milk plants in which raw milk is handled shall not be constructed or altered until the Department has approved the plans and specifications.

   (6)  Raw milk shall be delivered to the consumer only in containers that have been filled in the milk house or milk room.

   (7)  For prepackaging, a mechanical means of filling and capping bottles shall be used. The cap or closure shall protect the pouring lip to its largest diameter.

 (a)  No milk hauler or distributor shall transfer milk or milk products from one container or milk tank truck to another on the street in any vehicle or in any place except a milk plant, receiving station, transfer station, or milk house especially used for that purpose. The dipping or ladling of milk or fluid milk products is prohibited.

 (b)  It shall be unlawful to sell or serve any milk or fluid milk product except in the individual, original container received from the distributor or from an approved bulk dispenser; provided that this requirement shall not apply to milk for mixed drinks requiring less than 1/2 pint of milk or to cream, whipped cream, or half-and-half which is consumed on the premises and which may be served from the original container of not more than 1/2 gallon capacity or from a bulk dispenser approved for such service by the Department.

 (c)  It shall be unlawful to sell or serve any pasteurized milk or milk product which has not been maintained at the temperature set forth in Subchapter B (relating to standards for milk and milk products). If containers of pasteurized milk or milk products are stored in ice, the storage container shall be properly drained.

 (d)  Unreasonable exposure of milk and dairy products to possible contamination shall be prevented at all times. To preserve nutrient and flavor qualities of milk, exposure to sunlight or fluorescent light should be minimized. It is recommended that fluorescent intensity in a dairy case be limited to less than 100 foot candles. Milk shall not be sold by a retail establishment after date designated on container.

 Properly prepared plans for all transfer stations, receiving stations, and milk plants regulated under this chapter which are constructed, reconstructed, or extensively altered, after August 7, 1982, shall be submitted to the Secretary for written approval before work is begun. Plans must likewise be approved before construction or extensive modification of manure storage system; installation of a bulk milk storage tank; installation of a milk transfer system on a dairy farm; or installation of milk handling equipment in a transfer station, receiving station, or milk plant.

 No person affected with any disease in a communicable form or while a carrier of such disease shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils; and no dairy farm or milk plant operator shall employ in any such capacity any person suspected of having a disease in a communicable form, or any person suspected of being a carrier of such disease. Any producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any communicable disease occurs or who suspects that any employe has contracted any disease in a communicable form or has become a carrier of such disease shall notify the Department immediately.

 When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the Department is authorized to require any or all of the following measures:

   (1)  The immediate exclusion of that person from milk handling.

   (2)  The immediate exclusion of the milk supply concerned from distribution and use.

 All bacteriological and chemical tests required under this chapter shall be kept on file by the permit holder, in chronological order, for at least 1 year, on forms approved by the Department. The following records must be kept:

   (1)  Raw milk permit holder.

     (i)   Chemical and bacteriological tests, including SPC, GI, coliform group and somatic cell count.

     (ii)   Individual water and recirculated cooling water test.

     (iii)   Annual herd physical, brucellosis, and tuberculosis test.

   (2)  Milk plant, receiving station, or BTU permit holder.

     (i)   A list of producers and their quality control records, which shall include SPC or PLC, growth inhibitor, temperature, somatic cell counts, and inspection reports.

     (ii)   Tests of individual water supplies of producers and plants and plants’ recirculated cooling water.

     (iii)   Pasteurization, CIP, and sanitization records of plants and SPC, coliform group, and phosphatase tests on all finished products.

     (iv)   A record of vitamin and mineral assays where applicable.

     (v)   A list of weighers/samplers who deliver milk on a regular or intermittent schedule, and their current certification date.

 (a)  Pennsylvania approved dairy laboratories shall send to the Department, at least weekly, the report of all permit holders official analytical test results.

 (b)  Pennsylvania approved dairy laboratories shall immediately notify the Department of nonconforming phosphatase, growth-inhibitor and pesticide residue test results.

 (c)  All reports shall be signed by a Pennsylvania approved dairy laboratory director.

 Required bacteriological, chemical and physical analyses shall be made in Pennsylvania approved dairy laboratories at the following minimum frequencies:

   (1)  Raw milk and raw cream. Raw milk and raw cream shall be tested at least semi-monthly for the SPC and coliform group and monthly for growth inhibitor and somatic cell count.

   (2)  Milk for pasteurization.

     (i)   Milk for pasteurization shall be tested at least monthly for SPC or PLC, growth inhibitors, temperature and somatic cell count.

     (ii)   Condensed milk, dry milk powder and whey powder shall be tested at least monthly for SPC, coliform group and growth inhibitors.

   (3)  Pasteurized milk, cultured and acidulated products. All types of pasteurized milk shall be tested at least monthly for standard plate count, coliform group, growth inhibitors and phosphatase activity. Cultured or acidulated products shall be tested at least monthly for coliform group. Milk and cream used in processing of cultured or acidulated products shall be tested at least monthly for phosphatase activity prior to culturing or acidulating.

   (4)  Milk products. Milk products shall be tested at least monthly for standard plate count, coliform group and phosphatase activity. Frozen dessert mixes shall be tested for phosphatase activity prior to the addition of flavoring material.

   (5)  New producers and new products. In the case of the new producers and new or seasonal products, bacteriological tests shall be made at least weekly until three samples are analyzed, followed by monthly testing as applicable.

   (6)  Individual water supply.

     (i)   Permit holder’s water supply shall be tested every 6 months.

     (ii)   Producer’s water supply shall be tested every 3 years.

     (iii)   Water from a drilled well with buried casing seal shall be tested every 6 months.

   (7)  Cooling water. Recirculating cooling water shall be tested every 6 months.

   The provisions of this §  59.310 amended under the act of July 2, 1935 (P. L. 589, No. 210) (31 P. S. § §  645—660f).

   The provisions of this §  59.310 amended December 13, 1996, effective December 14, 1996, 26 Pa.B. 5950. Immediately preceding text appears at serial pages (217665) to (217666).