§143 Inspection; Certified Statement in Lieu Thereof; Waiver of Requirements of Section 142; Regulations; Suspension and Revocation of Permits

Summary

The Secretary of Health and Human Services must inspect milk and cream to make sure they meet the rules in section 142. If the milk or cream meets clauses 1, 2, and 3 of section 142, the Secretary will issue a permit to ship it into the United States. Instead of doing an inspection, the Secretary may accept a signed, certified statement from an accredited official of a foreign government or from a U.S. state or local department saying those clauses were met. The Secretary will set the form and the rules for those certificates and for permits. The Secretary can waive clause 4 for condensing plants that need to sterilize milk, but only if the bacterial count does not exceed 1,200,000 per cubic centimeter and the farm is within 15 miles of the plant. If that milk is later sold or used raw or not made into condensed milk, the permit will be revoked and the importer may face fines, jail, or other penalties. The Secretary will also waive clauses 2 and 5 for creameries and condensing plants in the U.S. within 20 miles of the milk source that import only for pasteurizing or condensing, with the same penalties if the milk is later used raw or not properly processed. The Secretary may make and enforce rules about inspections, handling, transport, and importing of milk and cream, must issue temporary permits until inspections for clauses 1–3 are in place, and may suspend or revoke permits for violations.