Pennsylvania Administrative Code

§ 59a.1. Scope. This chapter establishes the minimum requirements for the following: (1) The production, transportation, processing, handling, sampling, examination, labeling and sale of milk, raw milk, milk products and manufactured dairy products. (2) The inspection of dairy fa…

§ 59a.101. Adoption of USDA recommended requirements. The provisions, terms, procedures and standards of the most current version of the publication of the United States Department of Agriculture, Agricultural Marketing Service, Dairy Programs, titled Milk for Manufacturing Purpo…

§ 59a.102. Milk permits. Plants, receiving stations, transfer stations and bulk tank units handling or processing milk for manufacturing of dairy products shall apply for a permit in accordance with § 59a.12 (relating to permits) which describes the process and requirements by wh…

§ 59a.103. Plant inspection. Plants receiving milk or dairy products, for manufacturing or further processing, will be subject to inspection by the Secretary or an agent.

§ 59a.104. Certification of bulk milk collectors—weighers/samplers. (a) Weighers/samplers will be evaluated and approved by the Department. (b) The provisions of the Grade ‘‘A’’ PMO, in particular Appendix B, regarding the required training and periodic evaluation of weighers/sam…

§ 59a.105. Approved milk graders. Milk graders will be approved by the Department based upon the milk grader being capable of determining the quality classification of raw milk for manufacturing purposes in accordance with § § 59a.106—59a.111.

§ 59a.106. Basis. The quality classification of raw milk for manufacturing purposes shall be based on an organoleptic examination for appearance and odor, a drug residue test and quality control tests for sediment content, bacterial estimate and somatic cell count. Cross Referenc…

§ 59a.107. Appearance and odor. The appearance of acceptable raw milk for manufacturing purposes must be normal and free of excessive coarse sediment when examined visually or by the methods described in § 59a.108(a) (relating to sediment content classification). The milk may not…

§ 59a.108. Sediment content classification. (a) Method of testing. Methods for determining the sediment content of the milk of individual producers shall be those described in the Standard Methods for the Examination of Dairy Products. Sediment content must be based on comparison…

§ 59a.109. Bacterial estimate classification. (a) General testing requirement. A laboratory examination to determine the bacterial estimate shall be made on each producer’s milk at least once each month at irregular intervals. Samples shall be analyzed at a Pennsylvania-approved …

§ 59a.11. Adoption of Grade ‘‘A’’ PMO. (a) General adoption of the Grade ‘‘A’’ PMO. The provisions, terms, procedures, appendices and standards of the Grade ‘‘A’’ PMO are adopted as the regulatory standards of the Department to the extent they do not conflict with one or more of …

§ 59a.110. Somatic cell count. (a) General testing requirement. A laboratory examination to determine the level of somatic cells shall be made on each producer’s milk at least once each month. Samples shall be analyzed at a Pennsylvania-approved dairy laboratory. The laboratory m…

§ 59a.111. Drug residue level. (a) Industry responsibilities. Manufactured dairy products permitholders shall meet the requirements of this section to confirm their manufactured dairy products are free of violative drug residues. (1) Sampling and testing program. (i) Milk shipped…

§ 59a.112. Rejected milk. (a) Rejection requirement. A plant shall reject specific milk from a producer if it fails to meet the requirements under § 59a.107 (relating to appearance and odor), if it is classified No. 4 for sediment content, or if it tests positive for drug residue…

§ 59a.113. Suspended milk for manufacturing. A plant may not accept milk from a producer if one of the following occurs: (1) The producer’s initial milk shipment to a plant is classified as No. 3 for sediment content, as described in § 59a.108 (relating to sediment content classi…

§ 59a.114. Inspection and quality testing of milk from producers. (a) Inspections. Inspections shall be as follows: (1) A dairy farm on which milk is produced for manufacturing purposes shall be inspected initially and have a passing score before the first milk is shipped. (2) Th…

§ 59a.115. Record of tests. Accurate records of the results of the milk quality and drug residue tests for each producer shall be kept on file for 24 months and be available for examination by the Department.

§ 59a.116. Abnormal milk. (a) Certain milk to be excluded from human consumption. 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 c…

§ 59a.117. Animal health. (a) General health. Animals in the herd shall be maintained in a healthy condition, and shall be properly fed and kept. (b) Tuberculin test. The lactating animals shall be located in a modified accredited state or zone, an accredited free state or zone, …

§ 59a.12. Permits. (a) Permit required. A person may not sell milk, milk products or manufactured dairy products within this Commonwealth without having a current, valid permit from the Secretary, unless the person is exempt from this permit requirement under subsection (b). A se…

§ 59a.13. Adulterated or misbranded milk, milk products or manufactured dairy products. (a) Sales of adulterated or misbranded milk prohibited. A person may not sell adulterated or misbranded milk, milk products or manufactured dairy products. (b) Seizure, condemnation, denaturin…

§ 59a.14. Labeling: Bottles, containers and packages of milk, milk products or manufactured dairy products. (a) Department approval required. A permitholder shall, before using a milk, milk product or manufactured dairy product label in commerce, apply for and obtain the approval…

§ 59a.15. Labeling: Milk dating. (a) Label requirement. The cap or nonglass container of pasteurized milk held in retail food stores, restaurants, schools or similar food facilities for resale shall be conspicuously and legibly marked in a contrasting color with the designation o…

§ 59a.16. Markings, sealing and documentation for vehicles containing milk and milk products. (a) Marking requirements. A vehicle or milk tank truck containing milk or milk products shall be legibly marked with the name and address of the milk plant or hauler in possession of the…

§ 59a.17. Inspection of dairy farms and milk plants. (a) General inspection requirement. Dairy farms shall be inspected by an approved inspector at intervals of no greater than 6 months, unless the dairy farm produces raw milk for human consumption under a raw milk permit, in whi…

§ 59a.18. Sampling and examination. (a) Sampling and testing costs. Sampling and testing required under this section shall be at the expense of the permitholder or permit applicant, and shall be conducted by a Pennsylvania-approved dairy laboratory, an out-of-State dairy laborato…

§ 59a.19. Standards for Grade ‘‘A’’ milk for pasteurization, ultrapasteurization or aseptic processing. (a) Applicability. The standards prescribed under this section apply to a dairy farm that produces milk for pasteurization, ultrapasteurization or aseptic processing regardless…

§ 59a.2. Definitions. (a) Terms. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: 3-A Sanitary Standards—The latest standards for dairy equipment promulgated jointly by the Sanitary Standards Su…

§ 59a.20. Standards for Grade ‘‘A’’ pasteurized, ultrapasteurized and aseptically processed milk and milk products. (a) Applicability. The standards prescribed under this section apply to a milk plant regardless of whether it is certified under the NCIMS Interstate Milk Shippers …

§ 59a.201. Farm inspection. Farms producing and selling milk for manufacturing purposes shall comply with the following inspection provisions: (1) Each dairy farm operated by a producer of milk for manufacturing purposes shall be inspected initially and on any change of market by…

§ 59a.202. Milking facilities and housing. (a) General requirements. A milking barn or milking parlor of adequate size and arrangement shall be provided to permit normal sanitary milking operations. It shall be well lighted and ventilated, and the floors and gutters in the milkin…

§ 59a.203. Milking procedures. (a) Cleanliness of udders and flanks. The udders and flanks of all lactating animals shall be kept clean. The udders and teats shall be washed or wiped immediately before milking with a clean, damp cloth or paper towel moistened with a sanitizing so…

§ 59a.204. Cooling and storage. (a) Milk in cans. Milk in cans shall be cooled immediately after milking to 50° F or lower at the farm, and not exceed 55° F upon delivery to the plant, unless delivered to the plant within 2 hours after milking. The cooler, tank or refrigerated un…

§ 59a.205. Milkhouse or milkroom. (a) General requirements. A milkhouse or milkroom shall be provided for handling and cooling milk and for washing, handling and storing the utensils and equipment. The milkhouse or milkroom must be conveniently located and properly constructed, l…

§ 59a.206. Utensils and equipment. (a) General requirements. Utensils, milk cans, milking machines—including pipeline systems—rubber and rubber-like parts and other equipment used in the handling of milk shall be maintained in good condition, be free from rust, open seams, milkst…

§ 59a.207. Water supply. A dairy farm water supply shall be properly located, protected and operated, and shall be easily accessible, ample, and of safe, sanitary quality for the cleaning of dairy utensils and equipment. The water supply must come from a source which complies wit…

§ 59a.208. Sewage disposal. House, milkhouse or milkroom and toilet wastes shall be disposed of in a manner that does not pollute the soil surface, contaminate the water supply or be conducive to the breeding of insects.

§ 59a.21. Standards. (a) Standards for milk and milk products. The standards that apply to milk and milk products are as set forth in section 7 of the Grade ‘‘A’’ PMO, in Table 1, regarding chemical, physical, bacteriological, and temperature standards. (b) Standards for milk for…

§ 59a.22. Animal health. The provisions of the Grade ‘‘A’’ PMO, in particular section 8, regarding animal health, apply to this section to the extent described in § 59a.11 (relating to adoption of Grade ‘‘A’’ PMO).

§ 59a.23. Milk and milk products which may be sold. The provisions of the Grade ‘‘A’’ PMO, in particular section 9, regarding milk and milk products which may be sold, apply to this section to the extent described in § 59a.11 (relating to adoption of Grade ‘‘A’’ PMO).

§ 59a.24. Transferring; delivery containers; cooling. The provisions of the Grade ‘‘A’’ PMO, in particular section 10, regarding transferring; delivery; containers; cooling, apply to this section to the extent described in § 59a.11 (relating to adoption of Grade ‘‘A’’ PMO).

§ 59a.25. Milk, milk products and manufactured dairy products from points outside this Commonwealth. (a) General requirement. Milk, milk products and manufactured dairy products originating from outside this Commonwealth may be sold in this Commonwealth if they are produced and p…

§ 59a.26. Plans for construction and reconstruction. (a) Specific requirements. Properly prepared plans for all transfer stations, receiving stations, and milk plants regulated under this chapter which are constructed, reconstructed, or extensively altered shall be submitted to t…

§ 59a.27. Personnel health. The provisions of the Grade ‘‘A’’ PMO, in particular section 13, regarding personnel health, are adopted as the regulatory standards of the Department to the extent described in § 59a.11 (relating to adoption of Grade ‘‘A’’ PMO).

§ 59a.28. Procedure when infection or high risk of infection is discovered. (a) Specific requirements. When reasonable cause exists to suspect the possibility of transmission of infection from a person concerned with the handling of milk or milk products, the Department is author…

§ 59a.3. Contacting the Department. For purposes of this chapter, the Department may be contacted as follows: (1) By mail, at the following address: Pennsylvania Department of Agriculture Bureau of Food Safety and Laboratory Services ATTN: Division of Milk Sanitation 2301 North C…

GENERAL REQUIREMENTS § 59a.301. Premises. (a) General. The exterior premises of a manufacturing plant shall be kept in a clean and orderly condition, and be free from strong or foul odors, smoke or excessive air pollution. Construction and maintenance of driveways and adjacent pl…