Pennsylvania Act 1961-436 — MILK ADULTERATION AND LABELING ACT

Act text

AN ACT

Defining milk and its derivatives, prohibiting its adulteration, regulating its labeling, sale and serving; imposing powers and duties on the Department of Agriculture; providing penalties and making repeals.

TABLE OF CONTENTS

Section 1. Definitions (Repealed).

Section 1.1. Definitions.

Section 2. Unlawful Sales.

Section 3. Standardization.

Section 4. Adulteration.

Section 5. Unlawful Serving.

Section 6. Labeling.

Section 7. Duties of the Department of Agriculture.

Section 8. Penalties.

Section 9. Disposition of Fines and Penalties.

Section 10. Specific Repeals.

Section 11. General Repeal.

Section 12. Effective Date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Definitions.--(1 repealed June 19, 1975, P.L.25, No.10)

Section 1.1. Definitions.--As used in this act--

"Cream" is the sweet, fatty liquid separated from milk, with or without the addition of milk or skim milk, which contains not less than eighteen per cent milk fat.

"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 10, 1982, P.L.475, No.137)

"Milk" is the natural lacteal secretion, practically free from colostrum obtained by the complete milking of one or more healthy cows or goats. The term "milk," unqualified, means cow's milk. If derived from goats, it shall be labeled as such. Milk that is in final package form for beverage use shall contain not less than eight and one-quarter per cent milk solids not fat and not less than three and one-quarter per cent milk fat.

"Milk products" means ice cream, ice cream mix, custard ice cream, French ice cream, frozen custard, ice milk sherbet and other similar frozen and semi-frozen products, and all dairy products used in the manufacture thereof.

"Person" includes singular and plural, masculine and feminine, and any individual, firm, copartnership, institution, association, or corporation thereof.

"Secretary" means the Secretary of Agriculture of the Commonwealth, or his authorized representative.

"Sold," "to sell," or "for sale," 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.

(1.1 added June 19, 1975, P.L.25, No.10)

Section 2. Unlawful Sales.--It shall be unlawful to sell any of the products defined in this act or in the rules and regulations adopted thereunder unless they are produced to comply with the definitions, and processed under approved conditions, in accordance with the provisions of this act and the rules and regulations adopted thereunder, or any other pertinent acts, rules and regulations.

(2 amended June 19, 1975, P.L.25, No.10)

Section 3. Standardization.--Any of the products defined in this act or the rules and regulations adopted thereunder may be standardized by the processor by the addition or deletion of natural components.

(3 amended June 19, 1975, P.L.25, No.10)

Section 4. Adulteration.--No products defined in this act or in the rules and regulations adopted thereunder may be adulterated in any manner by the addition of substances not normally found therein, except those approved by the Secretary of Agriculture.

(4 amended June 19, 1975, P.L.25, No.10)

Section 5. Unlawful Serving.--It shall be unlawful for any eating place to serve pasteurized milk, homogenized milk, chocolate milk, skimmed milk, or fluid derivatives of milk, which is not in its original container, except that they may be served in individual portions, provided it is served from automatic dispensing machines which meet the following design and operation requirements:

(1) All parts of such dispensing machines with which the above-mentioned products come in contact shall be constructed in such manner as to be easily cleaned, and shall be kept in good repair. The manufacture, packing, transportation and handling of bulk containers shall be conducted in a sanitary manner.

(2) No surfaces with which the above-mentioned products come in contact shall, while in use, be accessible to manual contact.

(3) All parts of the dispensing device with which the above-mentioned products come in contact shall be cleaned and sterilized at the milk plant.

(4) The dispensing device shall be filled and sealed with two seals at the milk plant in such manner as to make it impossible to withdraw any part of its contents without breaking one seal and impossible to introduce any substance without breaking the other.

(5) When the above-mentioned products, except chocolate milk, contain more than five-tenths per cent butterfat and they are to be served from a dispensing device, they shall be homogenized.

(6) All such dispensing machines must be conspicuously labeled in a large print and visible to the public so as to indicate the type of product being served from the dispenser.

Section 6. Labeling.--The labeling of any product defined in this act or in the rules and regulations adopted thereunder, except raw milk for processing, shall include the designation of the product, the name and address of the processor or distributor, and a declaration of the net contents and such other declarations as established by the secretary by rule or regulation. When the name and address of the distributor appear in lieu of that of the processor, such words as "manufactured for," "distributed by," or "packed for," shall also appear on the package as well as a code approved by the Secretary of Agriculture indicating the actual processor's name and address. Brand names may be approved by the Secretary of Agriculture provided that they do not detract from the proper designation of the product.

(6 amended June 19, 1975, P.L.25, No.10)

Section 7. Duties of the Department of Agriculture.--The Department of Agriculture shall be charged with the enforcement of the provisions of this act and shall make rules and regulations, after public hearing, for the proper enforcement thereof, and for the establishment of standards for milk and dairy products.

(7 amended June 19, 1975, P.L.25, No.10)

Section 8. Penalties.--Any person violating any provision of this act or the rules and regulations promulgated thereunder shall, upon conviction, be guilty of a summary offense.

(8 amended June 10, 1982, P.L.475, No.137)

Section 9. Disposition of Fines and Penalties.--All fines and penalties imposed and recovered for the violation of any of the provisions of this act shall be paid into the State Treasury, through the Department of Revenue, and credited to the General Fund.

Section 10. Specific Repeals.--The following acts and parts of acts are repealed.

(1) Act of June 10, 1897 (P.L.142), entitled "An act to prohibit the adulteration or coloring of milk or cream by the addition of so called preservatives or coloring matter, and to provide for the enforcement of the same."

(2) Act of June 8, 1911 (P.L.712), entitled "An act relating to milk: providing for the protection of the public health, and the prevention of fraud and deception, by regulating the sale of milk, skimmed milk and cream; providing penalties for the violation thereof; and providing for the enforcement thereof."

(3) Act of March 21, 1923 (P.L.28), entitled "An act for the prevention of fraud and the protection of the public health; relating to milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, dried, powdered, or desiccated; prohibiting the introduction of foreign fats into them; regulating the sale of and defining condensed, concentrated, and evaporated milk; stipulating penalties for the infraction thereof, and providing for the enforcement thereof."

(4) Act of June 29, 1923 (P.L.929), entitled "A supplement to an act, approved the twenty-first day of March, one thousand nine hundred twenty-three, entitled 'An act for the prevention of fraud and the protection of the public health; relating to milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, dried, powdered, or desiccated; prohibiting the introduction of foreign fats into them; regulating the sale of and defining condensed, concentrated, and evaporated milk; stipulating penalties for the infraction thereof; and providing for the enforcement thereof,' defining condensed, concentrated, and evaporated skimmed milk, and compounds thereof; regulating the manufacture, sale, and exchange thereof; and providing penalties."

(5) Act of March 26, 1925 (P.L.83), entitled "An act for the protection of public health by regulating the serving of milk for drinking purposes to patrons of hotels, restaurants, lunch rooms, fountains, and dining cars; and providing penalties."

Section 11. General Repeal.--All other acts and parts of acts are repealed insofar as they are inconsistent herewith.

Section 12. Effective Date.--This act shall take effect January 1, 1962.