PRINTER'S NO. 3888
No. 2596 Session of 2008
INTRODUCED BY CUTLER, M. KELLER, BEAR, BEYER, BOYD, CAUSER,
CREIGHTON, DENLINGER, FLECK, GABIG, GEIST, GINGRICH, HELM,
HERSHEY, HICKERNELL, HUTCHINSON, KAUFFMAN, McILHATTAN,
MENSCH, ROHRER, SAYLOR, STERN AND TRUE, JUNE 10, 2008
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JUNE 10, 2008
AN ACT
1 Amending the act of July 2, 1935 (P.L.589, No.210), entitled, as
2 amended, "An act to safeguard human health and life by
3 providing for the issuance of permits to, and regulation of
4 persons and entities selling milk and milk products;
5 conferring powers, and imposing duties on the Secretary of
6 Agriculture; and otherwise providing for the administration
7 of the act; and imposing penalties," providing for raw milk
8 products; and abrogating inconsistent regulations.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 1 of the act of July 2, 1935 (P.L.589,
12 No.210), referred to as the Milk Sanitation Law, amended October
13 13, 1959 (P.L.1301, No.435) and June 19, 1982 (P.L.558, No.163),
14 is amended to read:
15 Section 1. Be it enacted, &c., That for the purpose and
16 within the meaning of this act, the following definitions shall
17 obtain:
18 "Milk" means milk, skimmed milk, cream, sour milk, sour
19 cream, buttermilk, and all other fluid derivatives of milk.
1 "Milk products" means ice cream, ice cream mix, custard ice
2 cream, french ice cream, frozen custard, and other similar
3 frozen products, and all dairy products used in the manufacture
4 thereof.
5 "Canned milk" means condensed, evaporated or concentrated
6 milk in hermetically sealed containers or for manufacturing
7 purposes.
8 "Certified Milk" means milk from dairy farms operated in
9 accordance with the "Methods and Standards for the Production
10 and Distribution of 'Certified Milk,' last adopted by the
11 American Association of Medical Milk Commissions Incorporated,"
12 and the production and handling of which shall be certified to
13 by a commission instituted in compliance therewith.
14 "Secretary" means the Secretary of Agriculture of this
15 Commonwealth, or his authorized representative.
16 "Person" includes singular and plural, masculine and
17 feminine, and any individual, firm, copartnership, institution,
18 association, or corporation thereof.
19 "To Sell," "for sale" or "sold" and similar terms means the
20 selling, exchanging, delivering, or having in possession, care,
21 control, or custody with intent to sell, exchange, or deliver,
22 or to offer or to expose for sale.
23 "Dairy farm" is a place or premise where one or more cows are
24 kept, and a part of all the milk from which is sold or delivered
25 to any person.
26 "Milk plant" is any place or premise or establishment where
27 milk is collected, separated, processed, stored, bottled,
28 pasteurized, or prepared in any manner for sale as milk, milk
29 products [or], manufactured dairy products, raw milk, raw milk
30 products or manufactured raw milk products.
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1 "Approved inspector" is one, who has proven to the
2 satisfaction of the secretary, to be a person of good character,
3 trained by school and experience to carry on dairy farm and milk
4 plant inspection in a capable and efficient manner, and has
5 received a certificate of approval from the secretary.
6 Applications for certificates of approval for approved
7 inspectors shall be made on forms which may be secured from the
8 Secretary of Agriculture, and shall be accompanied by a fee of
9 fifteen ($15) dollars. Certificates of approval shall expire on
10 December thirty-first of each year. Applications for renewal
11 shall be made on forms satisfactory to the Secretary of
12 Agriculture, and shall be accompanied by a registration fee of
13 five ($5) dollars, and shall be returned to the Secretary of
14 Agriculture not later than December fifteenth of each year.
15 Certificates of approval shall not constitute an approved
16 inspector an official employe, agent or authorized
17 representative of the Department of Agriculture, nor shall he
18 represent himself so to be.
19 Certificates of approval may be refused, suspended or revoked
20 for cause, upon such notice and subject to such conditions, as
21 the secretary shall deem necessary.
22 "Municipality" includes any city, borough, town, or township
23 in this Commonwealth.
24 "Milk for manufacturing purposes" means milk produced for
25 processing and manufacturing into products for human consumption
26 but not subject to requirements of milk for pasteurization.
27 "Manufactured dairy products" means butter, cheese (natural
28 or processed), dry whole milk, nonfat dry milk, dry buttermilk,
29 dry whey, evaporated milk (whole or skim), condensed whole and
30 condensed skim milk (plain or sweetened), and such other
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1 products for human consumption, as may be designated by the
2 secretary.
3 "Bed and breakfast homestead or inn" means a private
4 residence which contains no more than ten bedrooms used for
5 providing overnight accommodations to the public and in which
6 breakfast is the only meal served and is included in the charge
7 for the room.
8 "Farmers' market" means a building, structure or place owned,
9 leased or otherwise in possession of a person, municipal
10 corporation or public or private organization, used or intended
11 to be used by two or more farmers or an association of farmers
12 for the purpose of selling agricultural commodities directly to
13 consumers and which is located within this Commonwealth.
14 "Manufactured raw milk products" means butter, natural or
15 processed cheese, dry whole milk, nonfat dry milk, dry
16 buttermilk, dry whey, evaporated milk, whole or skim, condensed
17 whole and condensed skim milk, plain or sweetened, and such
18 other products for human consumption, as may be designated by
19 the secretary, manufactured from raw milk.
20 "Raw milk product" means any product manufactured from raw
21 milk including any of the following:
22 (1) Ice cream, ice cream mix, custard ice cream, French
23 ice cream, frozen custard and other similar frozen products.
24 (2) A dairy product used in the manufacture of an item
25 under paragraph (1).
26 "Retail food establishment" is an establishment which stores,
27 prepares, packages, vends, offers for sale or otherwise provides
28 food for human consumption and which relinquishes possession of
29 food to a consumer directly, or indirectly, through a delivery
30 service such as home delivery of grocery orders or delivery
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1 service provided by common carriers. The term does not include
2 dining cars operated by a railroad company in interstate
3 commerce or a bed and breakfast homestead or inn.
4 Section 2. Section 2 of the act, amended June 15, 1972
5 (P.L.416, No.120) and June 19, 1982 (P.L.558, No.163), is
6 amended to read:
7 Section 2. Except as hereinafter provided, no person shall
8 sell milk, milk products [or], manufactured dairy products, raw
9 milk, raw milk products or manufactured raw milk products within
10 this Commonwealth without first having obtained a permit from
11 the "secretary," nor otherwise than in accordance with the
12 requirements of this act. Each person desiring a permit to sell
13 milk, milk products [or], manufactured dairy products, raw milk,
14 raw milk products or manufactured raw milk products shall
15 annually make an application therefor on a form to be secured
16 from the "secretary." Such application shall set forth--
17 (a) The name and address of the applicant.
18 (b) The designations of the milk or milk products to be
19 offered for sale.
20 (c) The name of the municipality or municipalities in which
21 the applicant desires to sell milk or milk products.
22 (d) An accurate record of each milk plant owned or operated
23 by the applicant for a permit.
24 (e) Such other information as may be required by the
25 "secretary."
26 Permits shall be issued only to persons, whose entire milk
27 supply, the farms, where it is produced and the milk plants in
28 which the milk or milk products is handled, have been approved
29 by the secretary, and in any case in which, in his discretion,
30 he shall deem such action necessary for approval, inspected by
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1 the secretary. Every permit shall expire annually.
2 This section shall not apply to a person selling or
3 delivering milk directly from a dairy farm to a milk plant.
4 Unless the "secretary" shall require a permit, this section
5 shall not apply to a person selling milk or milk products from a
6 store, when such milk or milk products are purchased from a
7 person already in lawful possession of a permit to sell milk or
8 milk products.
9 This section shall not apply to hotels, restaurants, soda
10 fountains, boarding houses, or other places where milk or milk
11 products is served, when such milk or milk products is to be
12 consumed on the premises thereof, and is purchased from one
13 already in lawful possession of a permit to sell milk or milk
14 products.
15 The "secretary" may, in his discretion, exempt a person
16 selling milk from not more than one cow from such requirements
17 of this act, as he may deem in each instance to be unnecessary
18 for the protection of the public health.
19 When the Secretary of Agriculture inspects a plant beyond the
20 boundary of the Commonwealth, the secretary may require such
21 plant to reimburse the department for all necessary and
22 reasonable expenses incurred in making the inspection, which
23 shall be retained by the department for its use in making such
24 inspections.
25 The secretary is authorized to effectuate and enter into
26 reciprocal agreements with other states, commonwealths or
27 jurisdictions as will insure inhabitants of this Commonwealth
28 milk and milk products complying with the requirements herein
29 enacted or promulgated in rules and regulations hereunder
30 through reciprocal inspection and labeling agreements and in aid
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1 of such agreements may approve or accept inspection and labeling
2 requirements of other commonwealths, states and jurisdictions
3 with respect to milk and milk products.
4 Section 3. Sections 6 and 9 of the act, amended June 19,
5 1982 (P.L.558, No.163), are amended to read:
6 Section 6. Every person, having made an application for a
7 permit to sell milk, milk products [or], manufactured dairy
8 products, raw milk, raw milk products or manufactured raw milk
9 products or holding a permit for the sale of milk, milk products
10 [or], manufactured dairy products, raw milk, raw milk products
11 or manufactured raw milk products, shall, at any time, allow the
12 "secretary" to inspect the herds, stables, and dairy farms from
13 which milk is obtained, handled, or prepared for sale, to
14 inspect the milk plants, pasteurizing, bottling, and handling of
15 milk, milk products [or], manufactured dairy products, raw milk,
16 raw milk products or manufactured raw milk products, examine
17 books and papers wherein a record is kept of the name and
18 address of each person from whom "milk", "milk products" [or],
19 "manufactured dairy products", "raw milk", "raw milk products"
20 or "manufactured raw milk products" is purchased, the amount of
21 "milk", "milk products" [or], "manufactured dairy products",
22 "raw milk", "raw milk products" or "manufactured raw milk
23 products" purchased, and the date on which the "milk", "milk
24 products" [or], "manufactured dairy products", "raw milk", "raw
25 milk products" or "manufactured raw milk products" was
26 purchased, in any manner whatsoever, and to take such samples of
27 milk, milk products [or], manufactured dairy products, raw milk,
28 raw milk products or manufactured raw milk products, as may be
29 deemed necessary, upon payment therefor at the usual market
30 price when payment is demanded. The "secretary" shall have the
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1 power to subpoena, for the purpose of any hearing, all books and
2 records of any permit holder or of any other corporation or
3 person in any case in which records in its or his possession, or
4 over which it or he has control, is reasonably necessary to the
5 proper conduct of the affairs of the secretary under this act.
6 Non-compliance with the provisions of this section by a
7 permit holder is hereby specifically declared to be a violation
8 of this act and subject to the penal provisions hereof, and
9 shall be sufficient grounds for the revocation of the permit of
10 such permit holder.
11 Section 9. Every applicant for or holder of a permit to sell
12 pasteurized milk, milk for pasteurization [or], milk products or
13 manufactured dairy products, raw milk, raw milk products or
14 manufactured raw milk products shall keep an accurate record of
15 the names and addresses of the owners or operators of all dairy
16 farms from which milk is received. This record shall be kept on
17 file in the milk plant where the milk is received, and shall be
18 available at all times for the inspection of the secretary.
19 An accurate report of a sanitary inspection on all dairy
20 farms from which milk is received and of the milk as delivered
21 to the milk plant shall be kept on file in the milk plant. The
22 sanitary inspection shall be made semi-annually by an approved
23 inspector at the expense of the applicant for or holder of a
24 permit. Such payment shall be made only by the applicant for or
25 holder of the permit for the plant to which the milk from the
26 farm which is inspected is or is to be delivered. Such
27 inspections may be made by the secretary. Within thirty days
28 after demand by the secretary, additional inspections shall be
29 made of any or all farms, and reports thereon filed in the milk
30 plant. Inspection reports shall be made upon forms satisfactory
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1 to the secretary.
2 No applicant for or holder of a permit to sell pasteurized
3 milk or milk for pasteurization [or], milk products or
4 manufactured dairy products, raw milk, raw milk products or
5 manufactured raw milk products shall receive milk from a dairy
6 farm until the report of the sanitary inspection made by an
7 approved inspector shall have been placed on file in the milk
8 plant where the milk is received for the inspection and approval
9 of the secretary, nor shall he receive milk, milk products [or],
10 manufactured dairy products, raw milk, raw milk products or
11 manufactured raw milk products from any milk plant owned or
12 operated by another person who is not in lawful possession of a
13 permit.
14 No milk, milk products [or], manufactured dairy products, raw
15 milk, raw milk products or manufactured raw milk products shall
16 be received in any milk plant for any purpose, unless such milk
17 [or], milk products, raw milk, raw milk products or manufactured
18 raw milk products shall have been produced on dairy farms, or
19 acquired from milk plants approved by the secretary, or unless
20 permission for the receipt of such milk [or], milk products, raw
21 milk, raw milk products or manufactured raw milk products shall
22 be obtained from the secretary.
23 A milk plant may be used only for the preparation and
24 processing of milk, milk products, manufactured dairy products,
25 raw milk, raw milk products, manufactured raw milk products or
26 fruit juices, if received from a source acceptable to the
27 Secretary of Agriculture with respect to sanitation and
28 protection of public health.
29 Section 4. The act is amended by adding sections to read:
30 Section 12.2. Manufactured raw milk products shall be
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1 prepared from milk produced and handled in the following manner:
2 (a) Only milk produced under a raw milk permit may be used
3 in the preparation of "manufactured raw milk products."
4 (b) Milk containers in which milk is received in milk plants
5 for the preparation of "manufactured raw milk products" shall be
6 thoroughly cleansed and dried before returning to a dairy farm
7 or milk plant.
8 (c) The rooms of buildings in which "manufactured raw milk
9 products" are exposed during and after preparation shall be
10 properly lighted, ventilated, drained and clean and shall be
11 used for no other purpose than to provide a place for cleansed
12 containers and utensils and for the handling of "manufactured
13 raw milk products."
14 (d) "Manufactured raw milk products", during and after
15 preparation, cleansed containers, utensils and equipment shall
16 be protected from flies.
17 (e) Milk plants in which "manufactured raw milk products"
18 are prepared shall be provided with an adequate supply of steam
19 or hot water for cleaning containers, utensils and equipment.
20 (f) Equipment with which "manufactured raw milk products"
21 come in contact shall be constructed in a manner as to be easily
22 cleansed. Demountable apparatus with which "manufactured raw
23 milk products" come in contact shall be taken apart and cleansed
24 each day the apparatus is in use. The secretary, upon approval
25 of the design, installation and operation of the system, may
26 permit in-place cleaning. Surfaces with which "manufactured raw
27 milk products" come in contact shall be smooth, noncorrosive
28 material and free of open seams.
29 (g) The milk plants in which "manufactured raw milk
30 products" are prepared shall not be constructed or altered until
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1 plans and specifications of the milk plants have received the
2 approval of the secretary. Equipment before being installed
3 shall also be approved by the secretary.
4 (h) "Manufactured raw milk products" shall comply with
5 definitions, standards of identity and labeling requirements
6 adopted by regulation and shall not contain any substance not
7 normally found in the products, except those substances approved
8 by the secretary.
9 Section 12.3. Limitations on the sale of "Manufactured Raw
10 Milk Products."
11 (a) "Manufactured raw milk products" may be sold only as
12 follows:
13 (1) Under the direct supervision of a person holding a valid
14 raw milk permit.
15 (2) To a retail food establishment or a bed and breakfast
16 homestead or inn for the purpose of on-site consumption by
17 patrons of the establishment.
18 (b) Except for sale to a retail food establishment or a bed
19 and breakfast homestead or inn for on-site consumption by
20 patrons of the establishment, "manufactured raw milk products"
21 may not be sold to any person for the purpose of resale to
22 another person.
23 (c) "Manufactured raw milk products" may not be repackaged
24 in any manner for the purpose of resale.
25 (d) This section shall not apply to cheese manufactured from
26 raw milk that has been aged a minimum of 60 days.
27 Section 5. Sections 13, 14 and 16 of the act, amended June
28 19, 1982 (P.L.558, No.163), are amended to read:
29 Section 13. (a) Adequate facilities shall be provided and
30 used for furnishing clean containers, free from injurious
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1 organisms, in which to sell "Raw Milk" or "Pasteurized Milk" or
2 "Milk for Pasteurization" or "Milk Products" or "Raw Milk
3 Products." Bottles or containers, whether of glass or other
4 material, shall be filled and closed without any part of the
5 hand coming in contact with the inner surface of the bottles or
6 containers, or in contact with bottle caps. Caps shall be
7 obtained in sanitary containers and kept therein until used.
8 (b) Milk cases in which bottled milk [or], milk products,
9 raw milk or raw milk products are owned and shipped by milk
10 dealers or licensees shall also be maintained in a sanitary
11 manner. It shall be unlawful for any person, firm or company,
12 other than the name imprinted or stamped on such containers, or
13 his agent, to alter, destroy or contaminate such containers. In
14 addition, it shall be unlawful for any person in rightful
15 possession of milk cases, but not the owner thereof, to permit
16 any third party to alter, destroy or contaminate such
17 containers. Each case so misused shall be deemed an individual
18 offense under section 20 of this act.
19 Section 14. Milk plants, in which milk, milk products [or],
20 manufactured dairy products, raw milk, raw milk products or
21 manufactured raw milk products is handled, received, bottled, or
22 pasteurized, shall be provided with sanitary, adequate and
23 conveniently located toilet facilities.
24 Section 16. The Secretary of Agriculture shall have the
25 power to make requirements concerning the number and character
26 of bacteria in milk, milk products [and], manufactured dairy
27 products, raw milk, raw milk products and manufactured raw milk
28 products after hearing.
29 Bacteriological analysis of milk, milk products [and],
30 manufactured dairy products, raw milk, raw milk products and
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1 manufactured raw milk products shall be made under the
2 supervision of a laboratory, the equipment and director of which
3 have been approved by the Secretary of Agriculture. The
4 bacteriological analysis of milk, milk products [and],
5 manufactured dairy products, raw milk, raw milk products and
6 manufactured raw milk products shall be in accordance with
7 Standard Methods of Milk Analysis of the American Public Health
8 Association and the Association of Official Agricultural
9 Chemists last adopted, unless special permission is given by the
10 secretary for a modification of the above standard methods.
11 Section 6. The act is amended by adding sections to read:
12 Section 17.2. "Raw milk products" shall be prepared from
13 milk produced and handled in the following manner:
14 (a) Only milk produced under a raw milk permit may be used
15 in the preparation of "raw milk products."
16 (b) Milk containers in which milk is received in milk plants
17 for the preparation of "raw milk products" shall be thoroughly
18 cleansed and dried before returning to a dairy farm or a milk
19 plant.
20 (c) The rooms of buildings in which "raw milk products" are
21 exposed during and after preparation shall be properly lighted,
22 ventilated, drained and clean and shall be used for no other
23 purpose than to provide a place for cleansed containers and
24 utensils and for the handling of "raw milk products."
25 (d) "Raw milk products" during and after preparation,
26 cleansed containers, utensils and equipment shall be protected
27 from flies.
28 (e) Milk plants in which "raw milk products" are prepared
29 shall be provided with an adequate supply of steam or hot water
30 for cleansing containers, utensils and equipment.
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1 (f) Equipment with which "raw milk products" come in contact
2 shall be constructed in such a manner as to be easily cleansed.
3 Demountable apparatus with which "raw milk products" come in
4 contact shall be taken apart and cleansed each day the apparatus
5 is in use. The secretary, upon approval of the design,
6 installation and operation of the system, may permit in-place
7 cleaning. Surfaces with which "raw milk products" come in
8 contact shall be of smooth, noncorrosive material and free from
9 open seams.
10 (g) The milk plants in which "raw milk products" are
11 prepared shall not be constructed or altered until the plans and
12 specifications of the milk plants have received the approval of
13 the secretary. Equipment before being installed shall also be
14 approved by the secretary.
15 Section 17.3. Limitations on the sale of "raw milk products"
16 shall be in the following manner:
17 (a) "Raw milk products" may be sold only as follows:
18 (1) Under the direct supervision of a person holding a valid
19 raw milk permit.
20 (2) To a retail food establishment or a bed and breakfast
21 homestead or inn for the purpose of on-site consumption by
22 patrons of the establishment.
23 (b) Except for sale to a retail food establishment or a bed
24 and breakfast homestead or inn for on-site consumption by
25 patrons of the establishment, "raw milk products" may not be
26 sold to any person for the purpose of resale to another person.
27 (c) "Raw milk products" may not be repackaged in any manner
28 for the purpose of resale.
29 Section 7. The Department of Agriculture shall promulgate
30 regulations necessary to carry out the provisions of this act.
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1 Section 8. All regulations inconsistent with the provisions
2 of this act are abrogated to the extent of the inconsistency.
3 Section 9. This act shall take effect in 60 days.
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