Subchapter E. MILK FOR MANUFACTURING

 The odor of acceptable raw milk shall be fresh and sweet. The milk shall be free from objectionable off-odors that would adversely affect the finished product, and it shall not show abnormal conditions such as a curdled, ropy, bloody, or mastitic condition as determined by an approved milk grader.

 Milk in cans and in farm bulk tanks shall be classified for sediment content as follows:

   Sediment content classification is based on comparison with applicable charts of sediment standards prepared by the United States Department of Agriculture (USDA) 7 CFR § §  58.2728—58.2732 (relating to United States sediment standards for milk and milk products).

   (1)  Method of testing. Methods for determining sediment content of milk shall be those described in the current edition of Standard Methods and the current edition of the Official Methods of Analysis of the Association of Official Analytical Chemists (AOAC) or other methods approved by the Secretary. For the testing of milk in cans, the off-the-bottom method shall be used. For testing bulk milk, a mixed 1 pint sample or equivalent shall be tested. Sediment content shall be based on comparison with official USDA sediment standards, 7 CFR 58.2728—58.2732 (relating to United States sediment standards for milk and milk products).

   (2)  Frequency of tests. At least once each month, at irregular intervals, the milk from each producer shall be tested as follows:

     (i)   Milk in cans. A sample shall be taken from one or more cans of milk selected at random from each producer.

     (ii)   Milk in farm bulk tanks. A sample shall be taken from each farm bulk tank.

   (3)  Acceptance or rejection of milk. If the sediment disc is classified as No. 1, No. 2 or No. 3, the producer’s milk may be accepted. If the sediment disc is classified as No. 4, the milk shall be rejected. If the shipment of milk is commingled with other milk in a transport tank, the next shipment shall not be accepted until its quality has been determined at the farm before being picked up; however, if the person making the test is unable to get to the farm before the next shipment, it may be accepted but no further shipments shall be accepted unless the milk meets the requirements of No. 3 or better. In the case of milk classified as No. 3 or No. 4, if in cans, all cans shall be tested. Producers of No. 3 or No. 4 milk—cans or bulk—shall be notified immediately and shall be furnished applicable sediment discs, and the next shipment shall be tested.

   (4)  Retests. On tests of the next shipment (if in cans, all cans shall be tested) milk classified as No. 1, No. 2 or No. 3, may be accepted, but No. 4 milk shall be rejected. Retests of bulk milk classified as No. 4 shall be made at the farm before pickup. The producers of No. 3 or No. 4 milk shall be notified immediately, furnished applicable sediment discs and the next shipment shall be tested. This procedure of retesting successive shipments and accepting probational (No. 3) milk and rejecting No. 4 milk may be continued for a period not to exceed 10 calendar days. If at the end of this time all of the producer’s milk does not meet the acceptable sediment content classification (No. 1 or No. 2), it shall be excluded from market.

 Milk shall be classified for bacterial estimate as follows by one of the listed methods:

   (1)  Method of testing. Methods for determining the bacterial estimate of milk shall be those described in the current edition of Standard Methods and the current edition of the Official Methods of Analysis of the Association of Official Analytical Chemists or other methods approved by the Secretary.

   (2)  Frequency of tests. At least once a month at irregular intervals, a mixed sample of each producer’s milk shall be tested.

   (3)  Acceptance of milk. If the sample of milk is classified as No. 1 or No. 2, the producer’s milk may be accepted without qualification. If the sample is classified as undergrade—probational—the producer’s milk may be accepted for a temporary period of 4 weeks. The producer of undergrade milk shall be notified immediately by the permit holder.

   (4)  Retests. Additional samples shall be tested and classified at least weekly, and the producer shall be notified immediately of the results. This procedure of testing at least weekly and accepting undergrade milk may be continued for a period not exceeding 4 weeks. If at the end of this time the producer’s milk does not meet the acceptable bacterial estimate requirements (No. 1 or No. 2), it shall be suspended from market.

 (a)  A plant shall reject specific milk from a producer if it fails to meet the requirements of §  59.502 (relating to sight and odor), if it is classified No. 4 for sediment content, or if it fails to meet the provisions of §  59.509 (relating to abnormal milk).

 (b)  Reject milk shall be identified with a reject tag, and harmless food coloring may be added.

 A plant may not accept milk from a producer for use in products if one of the following occurs:

   (1)  A new producer’s milk does not meet the requirements for acceptable milk—§ §  59.503 and 59.504 (relating to sediment content classification; and bacterial estimate classification).

   (2)  The milk has been in a probational (No. 3) sediment content classification for more than 10 calendar days—§  59.503.

   (3)  The milk has been classified undergrade for bacterial estimate for more than 4 successive weeks—§  59.504.

   (4)  A growth inhibitor or pesticide residue exceeds actionable level. If 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 may 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 as determined by the Department. When a test conducted in a Pennsylvania Approved Dairy Laboratory indicates that milk from a producer is unacceptable 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.

 (a)  Inspections. Inspections shall be as follows:

   (1)  A dairy farm on which milk is produced for manufacturing purposes shall be inspected initially and shall have a passing score before the first milk is shipped.

   (2)  The dairy farm of a producer, on a change of market shall be inspected by a Pennsylvania approved inspector and shall have a passing score before the first milk is shipped.

   (3)  Dairy farms shall be inspected no less than once in each 6 month period by a Pennsylvania approved inspector.

 (b)  Testing. An examination shall be made on the first shipment of milk from producers shipping milk to a plant for the first time or after a period of nonshipment. The milk shall meet the requirements for acceptable milk—§ §  59.503 and 59.504 (relating to sediment content classification; and bacterial estimate classification). Thereafter, testing shall be done under § §  59.503 and 59.504.

 (c)  Transfer producers. Transfers shall be as follows:

   (1)  When a producer discontinues milk delivery to one plant and begins delivery to a different plant, the dairy farm shall be inspected by a Pennsylvania approved inspector and shall have a passing score before milk is shipped.

   (2)  Quality control records may be obtained from the previous buyer for the previous 6 month period; otherwise, the new buyer shall examine and classify each transfer producer’s first shipment of milk and shall subsequently examine shipments under § §  59.503 and 59.504.

 (a)  Cows which show evidence of the secretion of abnormal milk in one or more quarters based on bacteriological, chemical, or physical examination and cows which have been treated with or have consumed chemical, medicinal, or radioactive agents which are capable of being secreted in the milk and which in the judgment of the Secretary may be deleterious to human health shall be milked last or with separate equipment and the milk may not be offered for sale for human consumption.

 (b)  Milk from cows being treated with medicinal agents may not be offered for sale for periods recommended by the attending veterinarian or as indicated on the package label of the medicinal agent.

 (c)  Milk from cows treated with or exposed to insecticides not approved for use on dairy cattle by the United States Environmental Protection Agency may not be offered for sale until the milk has been tested and found acceptable by the Secretary.

 (d)  Bloody, stringy, off-color milk or milk abnormal in sight and odor shall be so handled and disposed of as to preclude the infection of other cows, and the contamination of the utensils.

 (e)  Equipment, utensils, and containers used for handling of abnormal milk may not be used for the handling of milk to be offered for sale unless they are first cleaned and effectively sanitized.

 (f)  Poultry litter and recycled animal body discharges may not be fed to lactating dairy animals.

 (g)  The Wisconsin Mastitis Test may be used as a screening test. A test of 22 mm or higher shall be considered to indicate abnormal milk and shall require confirmation by the Direct Microscopic Somatic Cell Count Method or an equivalent method according to the current edition of Standard Methods.

   The provisions of this §  59.509 amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial pages (103278) to (103279).

 (a)  Tuberculosis accreditation. Milk for manufacturing 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 (relating to tuberculosis in cattle). Herds located in an area that fails to maintain accredited status shall have passed an annual tuberculosis test.

 (b)  Brucellosis certification. Milk for manufacturing shall be from herds under a brucellosis eradication program which conforms with United States Department of Agriculture requirements, 9 CFR Part 78 (relating to brucellosis in cattle).

 (c)  Prohibition. Brucellosis and tuberculosis reactors disclosed shall be separated immediately from the milking herd. Milk from brucellosis or tuberculosis reactors may not be sold.