§ 5746. Monitoring by milk plants and department.

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(a)Sampling and testing.--

(1)If a milk plant labels milk with a sell-by date or a best-by date that is no later than 17 days beginning after midnight on the day on which the milk was pasteurized, the milk plant shall, at intervals of no greater than 12 months and for the highest-selling-volume milk type and each type and volume of container of that highest-selling-volume milk type bearing that label information, sample and test in accordance with the methodology specified in subsection (b).

(2)If a milk plant labels milk with a sell-by date or a best-by date that is greater than 17 days beginning after midnight on the day on which the milk was pasteurized and that has been approved by the department in accordance with section 5744 (relating to sell-by date or best-by date of greater than 17 days from pasteurization), the milk plant shall, at intervals of no longer than six months and for the highest-selling-volume milk type and each type and volume of container of that highest-selling-volume milk type bearing that label information, sample and test in accordance with the methodology specified in subsection (b).

(3)The department shall periodically sample containers of pasteurized milk in the possession of the milk plant. The sampling may occur at any time before the pasteurized milk is delivered to a retail food facility or the customer.

(b)Methodology.--

(1)The samples described in subsection (a)(1) and

(2)shall be analyzed by a Pennsylvania-approved dairy laboratory.

(2)The samples described in subsection (a)(3) shall be analyzed by the department or a Pennsylvania-approved dairy laboratory.

(3)The analysis shall determine whether the bacterial test results exceed the bacterial limits for pasteurized milk described in the department's milk sanitation regulations prior to the expiration of the sell-by date or best-by date designated on the cap or nonglass container.

(c)Reporting.-- A Pennsylvania-approved dairy laboratory that performs any of the testing required under this section shall report the test results to the milk plant and the department in a format and within a time period prescribed by the department.

(d)Pasteurized milk that exceeds bacterial limits.--

(1)When two or more samples of milk demonstrate a milk plant cannot produce pasteurized milk that remains consistently within the bacterial limits referenced in subsection

(b)during the sell-by-date or best-by-date period, the department shall calculate a reduced sell-by-date or best-by-date period for that pasteurized milk such that bacterial growth in the milk will not exceed the referenced bacterial limits within that revised sell-by-date or best-by-date period, if the milk is maintained in accordance with the temperature standards for pasteurized milk in the department's milk sanitation regulations.

(2)The milk plant shall use the revised sell-by date or best-by date until the milk plant obtains a different sell-by-date or best-by-date period using the procedure in section 5744.

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Cross References. Section 5746 is referred to in section 5744 of this title.

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