Title 21Food and DrugsRelease 119-73not60

§142 Milk or Cream When Unfit for Importation

Title 21 › Chapter 4— ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS › Subchapter IV— IMPORTATION OF MILK AND CREAM › § 142

Last updated Apr 5, 2026|Official source

Summary

Milk or cream cannot be imported if any of these things are true. The cows that made the milk are not all healthy and none had a physical exam within one year; for raw milk the cows did not pass a tuberculin test given by an authorized official veterinarian of the United States or the producing country within one year showing no tuberculosis; the dairy farm or plant scores less than 50 out of 100 on the USDA Bureau of Dairy Industry score card; bacterial counts exceed 300,000 per cc for raw milk, 750,000 per cc for raw cream, 100,000 per cc for pasteurized milk, or 500,000 per cc for pasteurized cream; or the milk or cream is warmer than 50 degrees Fahrenheit when imported.

Full Legal Text

Title 21, §142

Food and Drugs — Source: USLM XML via OLRC

Milk or cream shall be considered unfit for importation (1) when all cows producing such milk or cream are not healthy and a physical examination of all such cows has not been made within one year previous to such milk being offered for importation; (2) when such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly authorized official veterinarian of the United States, or of the country in which such milk or cream is produced, within one year previous to the time of the importation, showing that such cows are free from tuberculosis; (3) when the sanitary conditions of the dairy farm or plant in which such milk or cream is produced or handled do not score at least fifty points out of one hundred points according to the methods for scoring as provided by the score cards used by the Bureau of Dairy Industry of the United States Department of Agriculture at the time such dairy farms or plants are scored; (4) in the case of raw milk if the number of bacteria per cubic centimeter exceeds three hundred thousand and in the case of raw cream seven hundred and fifty thousand, in the case of pasteurized milk if the number of bacteria per cubic centimeter exceeds one hundred thousand, and in the case of pasteurized cream five hundred thousand; (5) when the temperature of milk or cream at the time of importation exceeds fifty degrees Fahrenheit.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Agricultural Research Service became the successor to functions of Bureau of Dairy Industry under Secretary of Agriculture’s Memorandum 1320, Supplement 4, Nov. 2, 1953.

Reference

Citations & Metadata

Citation

21 U.S.C. § 142

Title 21Food and Drugs

Last Updated

Apr 5, 2026

Release point: 119-73not60