Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

7 Pa. Code § 59a.409. Violations of raw milk testing standards.

§ 59a.409. Violations of raw milk testing standards.

 (a)  Bacterial count, somatic cell count, coliform count or cooling temperature tests.

   (1)  If two of the last four tested raw milk samples exceed the bacterial count, somatic cell count or coliform count standards or cooling temperature requirements described in §  59a.408 (relating to regular testing of raw milk for human consumption), the Department will provide the raw milk permitholder with written notice that it is in violation of the act and this chapter.

   (2)  If three of the last five tested raw milk samples exceed the bacterial count, somatic cell count or coliform count standards or cooling temperature requirements in §  59a.408, the Department will proceed to revoke or suspend the raw milk permit, and the raw milk permitholder may be subject to summary criminal prosecution under the act.

 (b)  Pesticides. If a raw milk sample tests positive for the presence of a pesticide at or above actionable levels established for the pesticide the United States Environmental Protection Agency, the raw milk permitholder shall:

   (1)  Immediately cease the sale of raw milk for human consumption.

   (2)  Take a second sample and submit it for testing for pesticide residue.

   (3)  Investigate and determine the cause of the contamination, report the result of that investigation to the Department, and correct that cause of contamination.

   (4)  Refrain from selling raw milk for human consumption until and unless the second test shows the sample to be free of pesticide residue, or to be below the actionable levels established for the residue by the United States Environmental Protection Agency, and the Department reviews these test results and approves the resumption of raw milk sales.

 (c)  Drugs. If a raw milk sample tests positive for the presence of a drug, the raw milk permitholder shall:

   (1)  Immediately cease the sale of raw milk for human consumption.

   (2)  Investigate and determine the cause of the contamination, report the result of the investigation to the Department and correct the cause of contamination.

   (3)  Have a second sample collected by an approved sampler and tested at a Pennsylvania-approved dairy laboratory.

   (4)  Refrain from selling raw milk for human consumption until the second test shows the sample to be free of drug residue, and the Department reviews these test results and approves the resumption of raw milk sales.

 (d)  Disease-producing organisms. If a raw milk sample tests positive for the presence of pathogenic bacteria or other disease-producing organisms such as Salmonellae, Listeria monocytogenes, Camphylobacter or E. Coli 0157:H7, the raw milk permitholder shall do the following:

   (1)  Immediately cease the sale of raw milk for human consumption.

   (2)  Investigate and determine the cause of the contamination, report the result of that investigation to the Department, and correct that cause of contamination.

   (3)  Wait at least 2 days from the cessation of raw milk sales, and then have an approved sampler collect a sample and submit it to a Pennsylvania-approved dairy laboratory to be tested for the presence of pathogenic bacteria.

   (4)  Following the initial sampling described in the preceding requirement, have an approved sampler collect an additional sample, at least 1 day after the previous sample, and submit it to a Pennsylvania-approved dairy laboratory for testing for the presence of pathogenic bacteria.

   (5)  Refrain from selling raw milk for human consumption until and unless two consecutive tests, from samples drawn at least 1 day apart, show that raw milk produced at the dairy operation that is the subject of the raw milk permit is free from disease-producing organisms, and the Department reviews these test results and approves the resumption of raw milk sales.

Cross References

   This section cited in 7 Pa. Code §  59a.413 (relating to enforcement: suspension or revocation of a raw milk permit).



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