Pennsylvania Administrative Code

§ 139a.52. Duties of jump master. (a) Each bungee jump operation which utilizes a mobile platform and a crane shall have at least two jump masters present at all times that jumping is being conducted. At a bungee jump operation, at least two staff members, at least one of whom sh…

§ 139a.53. Jump assistant. The owner or jump master shall designate at least one individual to act as a jump assistant at the bungee jump operation site. The jump assistant’s duties include the following: (1) Assisting the jump master to prepare the jumper. (2) Assisting in attac…

§ 139a.54. Landing/recovery assistant. The owner or jump master shall designate at least one individual to act as a landing/recovery assistant at each landing area. The landing/recovery assistant’s duties include the following: (1) Assisting the jumper to the landing pad. (2) Ass…

§ 139a.55. Registration assistant. The owner or jump master shall designate at least one individual to act as a registration assistant at each bungee jump operation site. The registrations assistant’s duties include all of the following: (1) Registering the jumper. (2) Providing …

§ 139a.56. Minimum staff requirements. (a) Each bungee jump operation which utilizes a mobile platform and a crane shall have at least five staff members present at all times that jumping is being conducted. These staff members shall consist of at least the following: (1) Two jum…

§ 139a.57. Site operating manual. (a) Each member of the operating staff shall have a thorough knowledge of the site operating manual. (b) Noncompliance with the criteria contained in the site operating manual may result in suspension or cancellation of the registration and autho…

EMERGENCIES § 139a.71. Emergency provisions and procedures. (a) Each approved operating site shall have a written emergency plan. This plan shall be made available to any local emergency service responsible for providing emergency rescue service. (b) At least one member of a bung…

HOT AIR BALLOONS § 139a.81. Hot air balloons. (a) Bungee jumping from hot air balloons shall be conducted in compliance with the applicable provisions of this chapter. (b) Aircraft shall be registered with the Federal Aviation Administration (FAA) and have a valid air-worthiness …

PROHIBITIONS § 139a.91. Prohibited activities. (a) Bungee catapulting is prohibited. (b) Sandbagging is prohibited. (c) Tandem jumping is prohibited.

§ 139a.92. Penalties. (a) A person who willfully or repeatedly violates a section of this chapter or Chapter 139 (relating to amusement rides and attractions erected permanently or temporarily at carnivals, fairs and amusement parks) is subject to a civil penalty not to exceed $2…

§ 141.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Milk Marketing Law (31 P.S. § § 700j-101—700j-1302). Board—The Pennsylvania Milk Board of the Commonwealth. Source The…

§ 141.2. Rules of practice and procedure before the Board. Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Board. Source The …

§ 141.3. Advance filing of documents in conjunction with price hearing. The Board, with notice, may require, a party who intends to submit documented statistical evidence at price hearing, to do so at least 7 days prior to the hearing. Source The provisions of this § 141.3 adopte…

CLASSIFICATION OF MILK § 143.1. Milk purchased both from producers and dealers. (a) When a dealer purchases milk from both producers and other dealers, milk utilized in Class I shall be, as much as possible, that milk purchased from producers. (b) In successive classes, milk purc…

PAYMENT § 143.11. Determination of payment to producers by dealers having more than one plant. (a) Dealers shall pay their producers on a weight and butterfat or milk component basis as determined by the components in the milk or the utilization of the milk, or both, received at …

§ 143.12. Terms of payment. (a) Producers shall be paid not later than the 26th day of each month and the 17th day of the following month, as follows: (1) Payment that covers the approximate value of milk or cream purchased from the first to the 15th of each month shall be made n…

§ 143.13. Manner of payment. (a) Dealers shall pay producers either by check, cash, wire transfer, money order or any other Board-approved payment device. Dealers electing to pay producers by cash shall, in all cases, obtain a dated, signed receipt from each producer. Receipts sh…

§ 143.14. Monthly statement to producers. Dealers purchasing milk or cream from producers shall furnish producers with statements containing each of the following items by not later than the 18th day of each month. Producers receiving their statements through electronic media sha…

§ 143.15. Cooperative communication of over-order premium. (a) Cooperatives shall show by line item on their monthly statements to dairy farmers marketing milk through the cooperative the specific amount of the Board over-order premium being paid. (b) For the purpose of this sect…

§ 143.2. Milk purchased outside of this Commonwealth. A dealer who purchases milk or cream from producers in this Commonwealth and in other jurisdictions shall not place milk or cream purchased in other jurisdictions in a higher class than the milk or cream purchased from produce…

TESTING § 143.21. Testing; notification of producer. (a) A milk dealer buying or receiving milk from a producer on the basis of, or with reference to, the amount or percentage of components contained in the milk shall, within 5 days after the end of each sampling period, test com…

§ 143.22. Acceptable test methods. For the purposes of implementing the act regarding tests as to the amount or percentage of components contained in milk or cream, the term ‘‘test’’ as used in the act shall include all component-testing methods referenced in Chapter 144 (relatin…

§ 143.23. Quantity of sample. (a) At least a 35 milliliter sample shall be taken under sanitary conditions from each lot of milk for use by the plant or laboratory in all quality and composition determinations. (b) The samples must be held, unless used for testing purposes the sa…

§ 143.24. Agitation before sampling. Before any sample is taken from a farm bulk milk tank for testing purposes, the milk shall be agitated for a minimum of 5 minutes, unless a longer period of time is specified by the buyer of the milk or his agent or the manufacturer of the bul…

§ 143.25. Calibration chart. (a) A calibration chart for a farm bulk milk tank shall be posted in the milk house of the producer, and an exact reproduction of the chart shall be maintained as part of the records of the dealer or the cooperative for their producer members. (b) The…

§ 143.26. Temperature of samples. Composite and fresh samples shall be maintained at a temperature of between 0.0°C and 4.4°C. When daily additions to composites are made, composite samples shall not be unrefrigerated for more than 30 minutes. Authority The provisions of this § 1…

§ 143.27. Transportation of samples. (a) Milk samples may be transported in bulk tank trucks provided the facilities for transporting the samples maintain a temperature of between 0.0°C and 4.4°C at all times when samples are contained therein. (b) The daily fresh samples shall b…

§ 143.28. Off-premises testing. Composite and fresh samples may be tested off the premises of the milk dealer by a recognized laboratory if the samples are transported at a temperature of between 0.0°C and 4.4°C. Authority The provisions of this § 143.28 amended under section 307…

§ 143.29. Weighing and sampling of direct load milk. (a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Bulk milk tanker or tanker— (i) A mobile bulk container used to transport m…

TERMINATION OF DEALER—PRODUCER CONTRACT § 143.31. Written notice required. (a) No dealer shall terminate its contract or purchasing agreement or ordinary continuance of a previous course of dealing with a producer except by giving such producer at least a 90-day written notice be…

§ 143.33. Individual variations. Nothing in § 143.31 (relating to written notice required) shall prohibit a contract or agreement providing for a longer period of notice, or severing a relation between dealer and producer by mutual agreement on shorter period of notice. Authority…

MISCELLANEOUS PROVISIONS § 143.41. Uniform milk production. A dealer and his producers may establish a system of level or uniform milk production in accordance with the requirements of the dealer, and pursuant to the terms and conditions prescribed by the Board, if the milk deale…

§ 143.42. Transportation deductions. (a) — (1) When a dealer provides the service of transporting the producer’s milk from the producer’s farm to a dealer’s plant of first receipt, the dealer may make reasonable deduction from the payment to the producer for such service based up…

§ 143.43. Distressed or surplus milk. Fluid milk dealers may request an allowance on bulk sales of surplus or distressed milk to other licenses solely engaged in the manufacture of dairy products if the selling dealer obtains written authorization in advance from the Board and pr…

§ 143.44. Rejection of producer’s milk. (a) No handler under the act or person holding any license, permit or certificate issued by the Board shall return any milk to a producer or reject any milk of a producer for any cause except: (1) Inferior quality of the milk. (2) Noncompli…

§ 143.45. Deductions or assessments from producers. Deductions of any kind from payments due a producer shall be made only upon written authorization from a producer. A copy of the authorization shall be retained by the milk dealer as part of his permanent records.

§ 143.46. Producer receipt for farm bulk milk. (a) Pick-up of farm bulk milk shall be supported by a bill of lading or similar document either by Board-approved electronic media or paper document and containing the following information: (1) Date of pick-up and time. (2) Name or …

§ 144.1. Electronic methods—general. (a) Reference methods used to determine the component content of milk for payment purposes shall be those recognized or approved and set forth in the latest edition of the SMEDP, by the AOAC in Official Methods of Analysis, published by the AO…

§ 144.12. Credit producers with actual component test. (a) No individual producers delivering milk or cream, or both, to a milk or cream-receiving or purchasing plant, where the milk or cream is purchased on the basis of the milk components contained therein, may be credited with…

§ 144.13. Availability of records. Laboratory, cooperative or plant records shall be open to examination by the Board or its authorized representative. Upon request of a producer, the purchaser or receiver of milk or cream, or both, shall permit the producer to examine the part o…

§ 144.14. Responsibility for violations. A certified tester at a laboratory or plant is responsible for a violation of the act or this chapter, including the keeping of the reports and records required under the act and this chapter. The purchaser or receiver, or both, of the mil…

§ 144.1a. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AOAC—AOAC International. Accuracy check—A test made at the beginning of each testing session and once per hour thereafter …

§ 144.2. Certification and approval requirements. (a) No person may use a method to test milk for component content for payment purposes unless the method has been approved by the Board, the SMEDP, the AOAC or the USDA or their successor organizations. (b) No person may use or em…

§ 144.3. Laboratory facilities and supplies. Laboratories and other facilities using an electronic instrument or method to test milk for component content for payment purposes shall have the following supplies and facilities available and in proper working order: (1) An electroni…

§ 144.4. Routine inspection and control. (a) Preparation of control samples. Control samples shall be prepared in accordance with the methods in § 144.1 (relating to electronic methods—general). (b) Daily performance. (1) Accuracy check. Each day before routine testing begins, at…

§ 144.5. Instrument calibration. (a) Calculation of calibration results. An instrument shall be considered to be calibrated properly when the average difference between the instrument results for butterfat and protein and the reference method results for at least ten different co…

§ 144.6. Required records. (a) The certified tester and testing facility or laboratory shall maintain the records listed in this section for at least 2 years. Records may be maintained in paper or electronic formats. Records must denote the record date. The name and license numbe…