Pennsylvania Act 1935-210 — MILK SANITATION LAW

Act text

MILK SANITATION LAW
                  Act of Jul. 2, 1935, P.L. 589, No. 210              Cl. 31
                                  AN ACT

     To safeguard human health and life by providing for the issuance
        of permits to, and regulation of persons and entities selling
        milk and milk products; conferring powers, and imposing
        duties on the Secretary of Agriculture; and otherwise
        providing for the administration of the act; and imposing
        penalties. (Amended, 1959, Act No. 435, P. L. 1301, Section
        1)

        Section 1.  Be it enacted, &c., That for the purpose and
     within the meaning of this act, the following definitions shall
     obtain:
        "Milk" means milk, skimmed milk, cream, sour milk, sour
     cream, buttermilk, and all other fluid derivatives of milk.
        "Milk products" means ice cream, ice cream mix, custard ice
     cream, french ice cream, frozen custard, and other similar
     frozen products, and all dairy products used in the manufacture
     thereof.
        "Canned milk" means condensed, evaporated or concentrated
     milk in hermetically sealed containers or for manufacturing
     purposes.
        "Certified Milk" means milk from dairy farms operated in
     accordance with the "Methods and Standards for the Production
     and Distribution of 'Certified Milk,' last adopted by the
     American Association of Medical Milk Commissions Incorporated,"
     and the production and handling of which shall be certified to
     by a commission instituted in compliance therewith.
        "Secretary" means the Secretary of Agriculture of this
     Commonwealth, or his authorized representative.
        "Person" includes singular and plural, masculine and
     feminine, and any individual, firm, copartnership, institution,
     association, or corporation thereof.
        "To Sell," "for sale" or "sold" and similar terms means the
     selling, exchanging, delivering, or having in possession, care,
     control, or custody with intent to sell, exchange, or deliver,
     or to offer or to expose for sale.
        "Dairy farm" is a place or premise where one or more cows are
     kept, and a part of all the milk from which is sold or delivered
     to any person.
        "Milk plant" is any place or premise or establishment where
     milk is collected, separated, processed, stored, bottled,
     pasteurized, or prepared in any manner for sale as milk, milk
     products or manufactured dairy products. (Def. amended June 19,
     1982, P.L.558, No.163)
        "Approved inspector" is one, who has proven to the
     satisfaction of the secretary, to be a person of good character,
     trained by school and experience to carry on dairy farm and milk
     plant inspection in a capable and efficient manner, and has
     received a certificate of approval from the secretary.
     Applications for certificates of approval for approved
     inspectors shall be made on forms which may be secured from the
     Secretary of Agriculture, and shall be accompanied by a fee of
     fifteen ($15) dollars. Certificates of approval shall expire on
     December thirty-first of each year. Applications for renewal
     shall be made on forms satisfactory to the Secretary of
     Agriculture, and shall be accompanied by a registration fee of
     five ($5) dollars, and shall be returned to the Secretary of
     Agriculture not later than December fifteenth of each year.
     Certificates of approval shall not constitute an approved
     inspector an official employe, agent or authorized
     representative of the Department of Agriculture, nor shall he
     represent himself so to be.
        Certificates of approval may be refused, suspended or revoked
     for cause, upon such notice and subject to such conditions, as
     the secretary shall deem necessary.
        "Municipality" includes any city, borough, town, or township
     in this Commonwealth.
        "Milk for manufacturing purposes" means milk produced for
     processing and manufacturing into products for human consumption
     but not subject to requirements of milk for pasteurization.
     (Def. added June 19, 1982, P.L.558, No.163)
        "Manufactured dairy products" means butter, cheese (natural
     or processed), dry whole milk, nonfat dry milk, dry buttermilk,
     dry whey, evaporated milk (whole or skim), condensed whole and
     condensed skim milk (plain or sweetened), and such other
     products for human consumption, as may be designated by the
     secretary. (Def. added June 19, 1982, P.L.558, No.163)
        (1 amended Oct. 13, 1959, P.L.1301, No.435)
        Compiler's Note:  Section 6(a) of Act 48 of 1981, which
            provided for the fixing of fees charged by administrative
            agencies, provided that section 1 is repealed insofar as
            it establishes a set fee for any activity inconsistent
            with the fees set forth in Act 48.
        Section 2.  Except as hereinafter provided, no person shall
     sell milk, milk products or manufactured dairy products within
     this Commonwealth without first having obtained a permit from
     the "secretary," nor otherwise than in accordance with the
     requirements of this act. Each person desiring a permit to sell
     milk, milk products or manufactured dairy products shall
     annually make an application therefor on a form to be secured
     from the "secretary." Such application shall set forth--(Par.
     amended June 19, 1982, P.L.558, No.163)
        (a)  The name and address of the applicant.
        (b)  The designations of the milk or milk products to be
     offered for sale.
        (c)  The name of the municipality or municipalities in which
     the applicant desires to sell milk or milk products.
        (d)  An accurate record of each milk plant owned or operated
     by the applicant for a permit.
        (e)  Such other information as may be required by the
     "secretary."
        Permits shall be issued only to persons, whose entire milk
     supply, the farms, where it is produced and the milk plants in
     which the milk or milk products is handled, have been approved
     by the secretary, and in any case in which, in his discretion,
     he shall deem such action necessary for approval, inspected by
     the secretary. Every permit shall expire annually.
        This section shall not apply to a person selling or
     delivering milk directly from a dairy farm to a milk plant.
        Unless the "secretary" shall require a permit, this section
     shall not apply to a person selling milk or milk products from a
     store, when such milk or milk products are purchased from a
     person already in lawful possession of a permit to sell milk or
     milk products.
        This section shall not apply to hotels, restaurants, soda
     fountains, boarding houses, or other places where milk or milk
     products is served, when such milk or milk products is to be
     consumed on the premises thereof, and is purchased from one
     already in lawful possession of a permit to sell milk or milk
     products.
        The "secretary" may, in his discretion, exempt a person
     selling milk from not more than one cow from such requirements
     of this act, as he may deem in each instance to be unnecessary
     for the protection of the public health.
        When the Secretary of Agriculture inspects a plant beyond the
     boundary of the Commonwealth, the secretary may require such
     plant to reimburse the department for all necessary and
     reasonable expenses incurred in making the inspection, which
     shall be retained by the department for its use in making such
     inspections. (Par. amended June 15, 1972, P.L.416, No.120)
        The secretary is authorized to effectuate and enter into
     reciprocal agreements with other states, commonwealths or
     jurisdictions as will insure inhabitants of this Commonwealth
     milk and milk products complying with the requirements herein
     enacted or promulgated in rules and regulations hereunder
     through reciprocal inspection and labeling agreements and in aid
     of such agreements may approve or accept inspection and labeling
     requirements of other commonwealths, states and jurisdictions
     with respect to milk and milk products. (Par. added June 15,
     1972, P.L.416, No.120)
        Section 3.  Permits may be refused, suspended or revoked by
     the "secretary" if, in his judgment, the requirements of this
     act, and the rules and regulations made in conformity herewith
     are not complied with by the person making an application for a
     permit, or to whom a permit has already been issued.
        Before refusal to grant a permit or before a permit is
     suspended or revoked, the secretary shall afford the applicant
     or holder of the permit an opportunity to be heard, and shall
     give at least five (5) days written notice of the hearing to the
     applicant or the holder of the permit, by registered letter sent
     to the address given in the application.
        (Repealed in part Apr. 28, 1978, P.L.202, No.53)

        Compiler's Note:  Section 508 of Act 224 of 1980 provided
            that section 3 is repealed insofar as it is inconsistent
            with Act 223.
        Compiler's Note:  Section 14(45) of Act 185 of 1969 provided
            that the jurisdiction of the court named in section 3 is
            vested in the Commonwealth Court and section 3 is
            repealed insofar as it is inconsistent with Act 185.
        Section 4.  When an application for renewal of a permit has
     been regularly made and no notification of a hearing as above
     described has been sent the applicant by the secretary, the
     permit of the preceding year shall continue in full force until
     renewed or revoked in accordance with section 2 and section 3.
        Section 5.  The secretary may constitute as his agent, for
     the purpose of inspecting milk or milk products, a department of
     health, board of health or health officer of any municipality,
     or the county department of health of any county or counties
     which have established or joined in establishing such a
     department, and may accept inspections by municipalities or
     county departments of health, under the terms of municipal
     ordinances or county department of health regulations equally as
     stringent as the requirements of this act and enforced by such
     municipalities or counties, as the only inspection required for
     the sale of milk or milk products in such municipalities or
     counties. (Amended, 1972, Act No. 120, P. L. 416, Section 2)
        Section 6.  Every person, having made an application for a
     permit to sell milk, milk products or manufactured dairy
     products or holding a permit for the sale of milk, milk products
     or manufactured dairy products, shall, at any time, allow the
     "secretary" to inspect the herds, stables, and dairy farms from
     which milk is obtained, handled, or prepared for sale, to
     inspect the milk plants, pasteurizing, bottling, and handling of
     milk, milk products or manufactured dairy products, examine
     books and papers wherein a record is kept of the name and
     address of each person from whom "milk", "milk products" or
     "manufactured dairy products" is purchased, the amount of
     "milk", "milk products" or "manufactured dairy products"
     purchased, and the date on which the "milk", "milk products" or
     "manufactured dairy products" was purchased, in any manner
     whatsoever, and to take such samples of milk, milk products or
     manufactured dairy products, as may be deemed necessary, upon
     payment therefor at the usual market price when payment is
     demanded. The "secretary" shall have the power to subpoena, for
     the purpose of any hearing, all books and records of any permit
     holder or of any other corporation or person in any case in
     which records in its or his possession, or over which it or he
     has control, is reasonably necessary to the proper conduct of
     the affairs of the secretary under this act.
        Non-compliance with the provisions of this section by a
     permit holder is hereby specifically declared to be a violation
     of this act and subject to the penal provisions hereof, and
     shall be sufficient grounds for the revocation of the permit of
     such permit holder.
        (6 amended June 19, 1982, P.L.558, No.163)
        Section 6.1.  When the Secretary of Agriculture is requested
     by a plant to make a survey inspection and figure ratings for
     the United States Public Health Service, he shall do so only
     upon payment of a fee of seventy-five dollars ($75) which shall
     be retained by the Department of Agriculture for its use in
     making such inspections and surveys. (Added, 1959, Act No. 435,
     P. L. 1301, Section 3)
        Compiler's Note:  Section 6(a) of Act 48 of 1981, which
            provided for the fixing of fees charged by administrative
            agencies, provided that section 6.1 is repealed insofar
            as it establishes a set fee for any activity inconsistent
            with the fees set forth in Act 48.
        Section 7.  No person shall sell milk that does not bear
     prominently the name and address of the processing plant and the
     designation "Certified Milk" or "Raw Milk" or "Milk for
     pasteurization" or "Pasteurized Milk." Other designations may be
     used with the designation of "Raw Milk" or "Pasteurized Milk,"
     provided the definition of such designation is filed with and
     approved by the "secretary."
        No person shall sell milk products that do not bear
     prominently the name and address or code number of the processor
     or manufacturer, the kind of milk products offered for sale, and
     the name and location of the milk plant in which the milk
     products are processed or manufactured.
        (Amended, 1959, Act No. 435, P. L. 1301, Section 4)
        Section 8.  "Raw Milk" shall be produced and handled in the
     following manner:
        (a)  "Raw Milk" shall be milk from a cow or cows, determined
     by physical examination and tuberculin tests conducted in
     accordance with the rules, regulations, and practices of the
     Department of Agriculture pertaining to the individual
     accredited herd plan, and brucellosis tests conducted in
     accordance with the rules, regulations and practices of the
     Department of Agriculture pertaining to the individual certified
     herd plan to be free from communicable disease. In addition
     thereto, a brucellosis ring test shall be conducted at least
     once every year. Six months after the blood test at the expense
     of the owner and if the results of such test are suspicious,
     such cow or cows shall immediately be retested by blood testing.
        (Amended, 1961, Act No. 322, P. L. 628, Section 1)
        (b)  The cows shall be fed, watered, housed, and cared for in
     such a manner that the milk will be clean and free from disease-
     producing organisms.
        (c)  The milking process shall be carried on in a cleanly
     manner. The milk shall be promptly cooled. The milk containers,
     utensils, and equipment shall be of such material and so
     constructed that they may be readily cleaned. The milk and the
     cleansed containers, utensils, and equipment shall be protected
     from flies.
        (d)  A milk plant which is properly constructed, lighted,
     ventilated, drained, and kept clean shall be provided and used
     exclusively for the handling of "Certified Milk" or "Raw Milk,"
     or fruit juices if received from a source acceptable to the
     Secretary of Agriculture with respect to sanitation and
     protection of public health. An adequate supply of steam or hot
     water shall be provided and used for cleansing milk containers
     and dairy utensils.
        (e)  Every applicant for or holder of a permit to sell raw
     milk, desiring to purchase milk for resale as raw milk, shall
     receive permission from the "secretary" before accepting milk
     from any source other than that given in the application for a
     permit. All sources of raw milk shall be inspected and approved
     by the "secretary."
        (Amended, 1959, Act No. 435, P. L. 1301, Section 4)
        Section 9.  Every applicant for or holder of a permit to sell
     pasteurized milk, milk for pasteurization or milk products or
     manufactured dairy products shall keep an accurate record of the
     names and addresses of the owners or operators of all dairy
     farms from which milk is received. This record shall be kept on
     file in the milk plant where the milk is received, and shall be
     available at all times for the inspection of the secretary.
        An accurate report of a sanitary inspection on all dairy
     farms from which milk is received and of the milk as delivered
     to the milk plant shall be kept on file in the milk plant. The
     sanitary inspection shall be made semi-annually by an approved
     inspector at the expense of the applicant for or holder of a
     permit. Such payment shall be made only by the applicant for or
     holder of the permit for the plant to which the milk from the
     farm which is inspected is or is to be delivered. Such
     inspections may be made by the secretary. Within thirty days
     after demand by the secretary, additional inspections shall be
     made of any or all farms, and reports thereon filed in the milk
     plant. Inspection reports shall be made upon forms satisfactory
     to the secretary.
        No applicant for or holder of a permit to sell pasteurized
     milk or milk for pasteurization or milk products or manufactured
     dairy products shall receive milk from a dairy farm until the
     report of the sanitary inspection made by an approved inspector
     shall have been placed on file in the milk plant where the milk
     is received for the inspection and approval of the secretary,
     nor shall he receive milk, milk products or manufactured dairy
     products from any milk plant owned or operated by another person
     who is not in lawful possession of a permit.
        No milk, milk products or manufactured dairy products shall
     be received in any milk plant for any purpose, unless such milk
     or milk products shall have been produced on dairy farms, or
     acquired from milk plants approved by the secretary, or unless
     permission for the receipt of such milk or milk products shall
     be obtained from the secretary.
        A milk plant may be used only for the preparation and
     processing of milk, milk products, manufactured dairy products
     or fruit juices, if received from a source acceptable to the
     Secretary of Agriculture with respect to sanitation and
     protection of public health.
        (9 amended June 19, 1982, P.L.558, No.163)
        Section 10.  "Milk for Pasteurization" shall be milk produced
     and handled in the following manner:
        (a)  "Milk for Pasteurization" shall be milk from a cow or
     cows, determined by physical examination and tuberculin tests
     conducted in accordance with the rules, regulations and
     practices of the State Department of Agriculture, pertaining to
     the individual accredited herd plan or the modified accredited
     area plan, to be free from communicable disease.
        (b)  The cows shall be fed, watered, housed, and cared for in
     such manner that the milk will be clean.
        (c)  The milking process shall be carried on in a cleanly
     manner. The milk shall be promptly cooled. The milk containers,
     utensils and equipment shall be of such material and so
     constructed that they may be readily cleansed.
        (d)  A milk house or milk rooms properly constructed,
     lighted, ventilated, drained, and clean shall be provided on the
     dairy farm producing milk for sale as "Milk for Pasteurization,"
     and shall be used exclusively for the handling of such milk.
        Section 10.1.  "Milk for manufacturing purposes" shall be
     milk produced and handled in the following manner:
        (a)  "Milk for manufacturing purposes" shall be milk from a
     cow or cows, determined by physical examination and tuberculin
     and brucellosis tests conducted in accordance with the rules,
     regulations and practices of the State Department of
     Agriculture, pertaining to the individual accredited herd plan
     or the modified accredited area plan, to be free from
     communicable disease.
        (b)  The cows shall be fed, watered, housed and cared for in
     such manner that the milk will be clean.
        (c)  The milking process shall be carried on in a cleanly
     manner. The milk shall be promptly cooled. The milk containers,
     utensils and equipment shall be of such material and so
     constructed that they may be readily cleansed.
        (d)  A milk house or milk rooms properly constructed,
     lighted, ventilated, drained and clean shall be provided on the
     dairy farm producing milk for sale as "milk for manufacturing
     purposes" and shall be used exclusively for the handling of such
     milk.
        (10.1 added June 19, 1982, P.L.558, No.163)
        Section 11.  Milk containers in which "Milk for
     Pasteurization" is received in milk plants from dairy farms
     shall be thoroughly cleansed and dried before returning to the
     dairy farm.
        (a)  Milk plants in which "Milk for Pasteurization" is
     received from dairy farms shall be properly constructed,
     lighted, ventilated, drained, and clean.
        (b)  The milk plants in which "Milk for Pasteurization" is
     received shall not be constructed nor altered until the plans
     and specifications thereof have received the approval of the
     "secretary." Equipment before being installed shall likewise be
     approved by the secretary.
        (c)  "Certified Milk" or "Raw Milk" may be sold as "Milk for
     Pasteurization."
        Section 12.  "Pasteurized Milk" shall be milk produced and
     handled in the following manner:
        (a)  "Pasteurized Milk" is milk heated to such a temperature
     and for such a length of time that all harmful organisms are
     destroyed.
        (b)  "Milk for Pasteurization" shall be used in the
     preparation of "Pasteurized Milk."
        The holder of a permit to sell "Pasteurized Milk" may
     purchase "Milk for Pasteurization" from a person in lawful
     possession of a permit to sell "Pasteurized Milk."
        (c)  Milk containers in which milk is received in milk plants
     in which milk is pasteurized shall be thoroughly cleansed and
     dried before returning to a dairy farm or a milk plant.
        (d)  Apparatus for the pasteurization of milk shall be
     equipped with an accurate indicating thermometer and a recording
     thermometer of type approved by the secretary. A true record of
     pasteurization as given by the recording thermometer shall be in
     file at the place where the milk is pasteurized.
        (e)  Milk to be sold as "Raw Milk" may be received, cooled,
     and bottled in a building where milk is pasteurized, providing
     all milk received in the building where milk is pasteurized
     meets the requirements for "Raw Milk" as set forth in this act.
        (f)  The rooms of buildings, in which milk or milk products
     are exposed during and after pasteurization, shall be properly
     lighted, ventilated, drained, and clean, and shall be used for
     no other purpose than to provide a place for cleansed milk
     containers and utensils, and for the handling of milk or milk
     products during and after pasteurization, or fruit juices
     received from a source acceptable to the Secretary of
     Agriculture with respect to sanitation and protection of public
     health.
        (g)  Milk during and after pasteurization, and cleansed milk
     containers, utensils, and equipment shall be protected from
     flies.
        (h)  Pasteurization plants shall be provided with and use an
     adequate supply of steam or hot water for cleansing milk
     containers, utensils, and equipment.
        (i)  Equipment with which milk comes in contact shall be
     constructed in such manner as to be easily cleansed. Demountable
     apparatus, with which milk comes in contact, shall be taken
     apart and cleansed each day such apparatus is in use. The
     secretary upon approval of the design, installation and
     operation of the system may permit in-place cleaning. Surfaces
     with which milk comes in contact shall be smooth non-corrosive
     material and free from open seams.
        (j)  "Pasteurized Milk" shall be placed in the final
     container in the milk plant where the milk is pasteurized
     immediately after pasteurization.
        (k)  The milk plants in which milk is received or pasteurized
     shall not be constructed nor altered until the plans and
     specifications thereof have received the approval of the
     "secretary." Equipment before being installed shall likewise be
     approved by the secretary.
        (Amended, 1959, Act No. 435, P. L. 1301, Section 4)
        Section 12.1.  "Manufactured dairy products" shall be
     prepared from milk produced and handled in the following manner:
        (a)  "Milk for manufacturing purposes" or "milk for
     pasteurization" shall be used in the preparation of
     "manufactured dairy products."
        (b)  The "milk for manufacturing purposes" or "milk for
     pasteurization" used in the preparation of "manufactured dairy
     products" shall be pasteurized or otherwise treated as indicated
     by the "secretary" during the preparation of "manufactured dairy
     products."
        (c)  Milk containers in which "milk for manufacturing
     purposes" or "milk for pasteurization" is received in milk
     plants for the preparation of "manufactured dairy products"
     shall be thoroughly cleansed and dried before returning to a
     dairy farm or milk plant.
        (d)  The rooms of buildings in which "manufactured dairy
     products" are exposed during and after preparation shall be
     properly lighted, ventilated, drained and clean and shall be
     used for no other purpose than to provide a place for cleansed
     containers and utensils and for the handling of "manufactured
     dairy products."
        (e)  "Manufactured dairy products," during and after
     preparation, and cleansed containers, utensils and equipment
     shall be protected from flies.
        (f)  Milk plants in which "manufactured dairy products" are
     prepared shall be provided with an adequate supply of steam or
     hot water for cleaning containers, utensils and equipment.
        (g)  Equipment with which "manufactured dairy products" come
     in contact shall be constructed in such a manner as to be easily
     cleansed. Demountable apparatus with which "manufactured dairy
     products" come in contact shall be taken apart and cleansed each
     day such apparatus is in use. The secretary, upon approval of
     the design, installation and operation of the system, may permit
     in-place cleaning. Surfaces with which "manufactured dairy
     products" come in contact shall be smooth, noncorrosive material
     and free of open seams.
        (h)  The milk plants in which "manufactured dairy products"
     are prepared shall not be constructed or altered until plans and
     specifications thereof have received the approval of the
     "secretary." Equipment before being installed shall likewise be
     approved by the "secretary."
        (i)  "Manufactured dairy products" shall comply with
     definitions, standards of identity, and labeling requirements
     adopted hereunder by regulation, and shall not contain any
     substance not normally found therein, except those substances
     approved by the "secretary."
        (12.1 added June 19, 1982, P.L.558, No.163)
        Section 13.  (a)  Adequate facilities shall be provided and
     used for furnishing clean containers, free from injurious
     organisms, in which to sell "Raw Milk" or "Pasteurized Milk" or
     "Milk for Pasteurization" or "Milk Products." Bottles or
     containers, whether of glass or other material, shall be filled
     and closed without any part of the hand coming in contact with
     the inner surface of the bottles or containers, or in contact
     with bottle caps. Caps shall be obtained in sanitary containers
     and kept therein until used.
        (b)  Milk cases in which bottled milk or milk products are
     owned and shipped by milk dealers or licensees shall also be
     maintained in a sanitary manner. It shall be unlawful for any
     person, firm or company, other than the name imprinted or
     stamped on such containers, or his agent, to alter, destroy or
     contaminate such containers. In addition, it shall be unlawful
     for any person in rightful possession of milk cases, but not the
     owner thereof, to permit any third party to alter, destroy or
     contaminate such containers. Each case so misused shall be
     deemed an individual offense under section 20 of this act.
        (13 amended June 19, 1982, P.L.558, No.163)
        Section 14.  Milk plants, in which milk, milk products or
     manufactured dairy products is handled, received, bottled, or
     pasteurized, shall be provided with sanitary, adequate and
     conveniently located toilet facilities.
        (14 amended June 19, 1982, P.L.558, No.163)
        Section 15.  The water supply used in milk plants shall be
     sufficiently abundant for all purposes, easy of access, and free
     from contamination.
        Section 16.  The Secretary of Agriculture shall have the
     power to make requirements concerning the number and character
     of bacteria in milk, milk products and manufactured dairy
     products after hearing.
        Bacteriological analysis of milk, milk products and
     manufactured dairy products shall be made under the supervision
     of a laboratory, the equipment and director of which have been
     approved by the Secretary of Agriculture. The bacteriological
     analysis of milk, milk products and manufactured dairy products
     shall be in accordance with Standard Methods of Milk Analysis of
     the American Public Health Association and the Association of
     Official Agricultural Chemists last adopted, unless special
     permission is given by the secretary for a modification of the
     above standard methods.
        (16 amended June 19, 1982, P.L.558, No.163)
        Section 17.  "Milk products" shall be prepared from milk
     produced and handled in the following manner:
        (a)  "Milk for Pasteurization" shall be used in the
     preparation of "milk products."
        (b)  The "Milk for Pasteurization" used in the preparation of
     "milk products" shall be pasteurized or otherwise treated as
     indicated by the "secretary" during the preparation of "milk
     products."
        (c)  Milk containers in which "Milk for Pasteurization" is
     received in milk plants for the preparation of "milk products"
     shall be thoroughly cleansed and dried before returning to a
     dairy farm or a milk plant.
        (d)  The rooms of buildings in which "milk products" are
     exposed during and after preparation shall be properly lighted,
     ventilated, drained, and clean, and shall be used for no other
     purpose than to provide a place for cleansed containers and
     utensils and for the handling of "milk products."
        (e)  "Milk products" during and after preparation, and
     cleansed containers, utensils, and equipment shall be protected
     from flies.
        (f)  Milk plants in which "milk products" are prepared shall
     be provided with an adequate supply of steam or hot water for
     cleansing containers, utensils, and equipment.
        (g)  Equipment with which "milk products" come in contact
     shall be constructed in such a manner as to be easily cleansed.
     Demountable apparatus with which "milk products" come in contact
     shall be taken apart and cleansed each day such apparatus is in
     use. The secretary upon approval of the design, installation and
     operation of the system may permit in-place cleaning. Surfaces
     with which "milk products" come in contact shall be of smooth
     non-corrosive material and free from open seams.
        (h)  The milk plants in which "milk products" are prepared
     shall not be constructed nor altered until the plans and
     specifications thereof have received the approval of the
     "secretary." Equipment before being installed shall likewise be
     approved by the secretary.
        (Amended, 1959, Act No. 435, P. L. 1301, Section 4)
        Section 17.1.  "Canned Milk" shall be received from sources
     and handled in a manner acceptable to the secretary with respect
     to sanitation and protection of public health. There shall be a
     presumption that such milk is so received and handled but the
     secretary, in his discretion, may check and verify this and come
     to his own determination. If "canned milk" in its final
     container is found to be unsafe or contaminated, the secretary
     shall have the right to exclude it from sale in Pennsylvania.
     (Added, 1959, Act No. 435, P. L. 1301, Section 5)
        Section 18.  In aid of reaching reciprocal agreements with
     other jurisdictions as herein above contemplated, the provisions
     of this act, and the regulations made thereunder, shall be
     considered as establishing uniform requirements and regulations
     throughout the Commonwealth, and nothing herein contained shall
     be deemed to prevent municipalities or counties which have
     established or joined in establishing county departments of
     health from enforcing such requirements: Provided, That no
     municipality or county health unit shall ordain or enforce
     requirements related to sanitation, inspections, standards,
     labeling statements of any kind or descriptions other than those
     enacted herein or promulgated in rules and regulations
     hereunder. (Amended, 1972, Act No. 120, P. L. 416, Section 3)
        Section 19.  The Secretary of Agriculture is hereby
     authorized to adopt and promulgate rules and regulations for the
     proper enforcement of this act. (Amended, 1959, Act No. 435, P.
     L. 1301, Section 7)
        Section 20.  Any person violating any provisions of this act
     or rules and regulations thereunder shall, upon conviction
     thereof, be guilty of a summary offense.
        Prosecution for violations of any of the provisions of this
     act and the regulations thereto shall be brought by the
     Secretary of Agriculture or his agent or by any health officer
     of any municipality in this Commonwealth.
        All fines collected under this act shall be paid to the
     secretary and by him into the State Treasury, through the
     Department of Revenue.
        (20 amended June 19, 1982, P.L.558, No.163)
        Section 21.  Whenever, in the opinion of the secretary, a
     given supply of milk, milk products or manufactured dairy
     products is considered unsafe or a menace to public health, the
     secretary may seize, condemn, denature, or destroy such milk,
     milk products or manufactured dairy products without
     compensation to the owner or owners thereof.
        The general sanitary conditions of any place, wherein milk,
     milk products or manufactured dairy products are produced,
     stored, prepared, or handled and its immediate surroundings,
     shall be such as to insure a safe and clean supply of milk, milk
     products or manufactured dairy products.
        The secretary shall have the right to exclude from sale any
     part of a milk supply which may be considered unsafe, or milk,
     milk products or manufactured dairy products which is produced
     on dairy farms or handled in milk plants which fail to meet the
     requirements of this act.
        A satisfactory flush closet or sanitary privy shall be
     provided at all dairy farms where milk is produced or handled.
        (21 amended June 19, 1982, P.L.558, No.163)
        Section 22.  The Attorney General may, at the instance of the
     secretary, in the name of the Commonwealth institute proceedings
     for the purpose of enjoining any person from offering milk, milk
     products or manufactured dairy products for sale without a
     permit as provided in this act or to enjoin violation of this
     act.
        (22 amended June 19, 1982, P.L.558, No.163)
        Section 23.  Constitutional Construction.--It is hereby
     declared to be the legislative intent that if this act cannot
     take effect in its entirety because of the decision of any court
     holding unconstitutional any part thereof, the remaining
     provisions of the act shall be given full force and effect as
     completely as if the part held unconstitutional had not been
     included herein.
        Section 24.  The act of May second, one thousand nine hundred
     and twenty-nine (Pamphlet Laws, one thousand two hundred twenty-
     nine), entitled "An act to safeguard human health and life by
     providing for the licensing and regulation of persons and
     entities dealing in milk for human consumption; conferring
     powers and imposing duties on the Secretary of Health, and the
     Advisory Health Board, and otherwise providing for the
     administration of the act; and imposing penalties," as amended
     by the acts, approved the eighteenth day of May, one thousand
     nine hundred and thirty-three (Pamphlet Laws, eight hundred
     four), the twenty-second day of May, one thousand nine hundred
     and thirty-three (Pamphlet Laws, eight hundred thirty-two), and
     the seventeenth day of January, one thousand nine hundred and
     thirty-four (Pamphlet Laws, two hundred thirty-one--one thousand
     nine hundred thirty-three--one thousand nine hundred thirty-
     four), are hereby repealed.
        All other acts or parts of acts inconsistent herewith are
     hereby repealed.
        Section 25.  The permits heretofore granted by the Secretary
     of Health under the terms of the act of one thousand nine
     hundred twenty-nine (Pamphlet Laws, one thousand two hundred
     twenty-nine), and the amendments thereto, shall remain in full
     force and effect as permits under this act until such time as
     they, respectively, by their terms expire, or until the
     secretary shall revoke or suspend the same in accordance with
     his powers hereunder.
        Section 26.  This act shall become effective immediately upon
     approval by the Governor.