See other bills
under the
same topic
HOUSE AMENDED
PRIOR PRINTER'S NO. 441
PRINTER'S NO. 877
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
434
Session of
2021
INTRODUCED BY VOGEL, SCHWANK, J. WARD, ARGALL, BARTOLOTTA,
GORDNER, LANGERHOLC, MENSCH, PHILLIPS-HILL, PITTMAN, STEFANO,
STREET AND AUMENT, MARCH 16, 2021
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2021
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, providing for milk sell by date
and best by date labeling.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 57 of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
MILK SELL BY DATE AND BEST BY DATE LABELING
Sec.
5741. Scope of subchapter.
5742. Definitions.
5743. Label requirement.
5744. Sell by date or best by date of greater than 17 days from
pasteurization.
5745. Prohibitions.
5746. Monitoring by milk plants and department.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
5747. Regulations.
§ 5741. Scope of subchapter.
This subchapter relates to milk sell by date and best by date
labeling.
§ 5742. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Milk." As defined in section 1 of the Milk Sanitation Law.
"Milk plant." As defined in section 1 of the Milk Sanitation
Law and permitted under section 2 of the Milk Sanitation Law.
"Milk Sanitation Law." The act of July 2, 1935 (P.L.589,
No.210), referred to as the Milk Sanitation Law.
"Pennsylvania-approved dairy laboratory." Any of the
following:
(1) A commercial or regulatory laboratory approved and
certified by the department within the preceding two years to
do official analyses of milk.
(2) A milk industry laboratory approved and certified by
the department within the preceding two years for the
examination of producer samples of milk for pasteurization,
commingled milk for pasteurization or of raw milk for human
consumption for the detection of drug residues, bacterial
limits and somatic cell count.
"Retail food facility." As defined in section 5702 (relating
to definitions).
§ 5743. Label requirement.
(a) General rule.--The cap or nonglass container of
pasteurized milk held in retail food facilities for resale shall
be conspicuously and legibly marked in a contrasting color with
20210SB0434PN0877 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a sell by date or a best by date.
(b) Sell by date.--A sell by date shall consist of:
(1) a designation of the month and the day of the month
after which the product may not be sold or offered for sale,
whether expressed in standard fashion (such as "August 15"),
numerically (such as "8-15") or with the use of an
abbreviation (such as "Aug. 15" or "AU 15"); and
(2) either:
(i) the words "Sell by" or "Not to be sold after"
preceding that designation and appearing legibly on the
cap or nonglass container; or
(ii) the statement "Not to be sold after the date
stamped above" following that designation and appearing
legibly on the cap or nonglass container.
(c) Best by date.--A best by date shall consist of:
(1) a designation of the month and the day of the month
in a format as provided in subsection (b) established by the
milk plant as a product quality guideline; and
(2) the words "Best by," "Best if consumed by" or "Best
if used by" preceding the designation and appearing legibly
on the cap or nonglass container.
(d) Prominence of sell by date or best by date on label.--
The sell by date or best by date shall be separate and distinct
from any other number, letter or intervening material on the cap
or nonglass container.
(e) Limitation.--A sell by date or a best by date may not
exceed 17 days beginning after midnight on the day on which the
milk was pasteurized, unless the department approves a longer
interval in accordance with the procedure described in section
5744 (relating to sell by date or best by date of greater than
20210SB0434PN0877 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
17 days from pasteurization).
(f) Exempt pasteurized milk and required lot number or
manufacturing date code information for pasteurized milk.--The
following types of pasteurized milk are exempt from the
requirements of this subchapter, provided that the cap or
nonglass container contains a lot number or manufacturing date
code that is acceptable to the department and can be used for
product traceability in the marketplace:
(1) Ultrapasteurized milk.
(2) Cultured milk.
(3) Aseptically processed milk.
(4) Milk that has undergone higher heat shorter time
pasteurization.
(5) Milk sold or offered for retail sale on the same
premises at which it was processed.
§ 5744. Sell by date or best by date of greater than 17 days
from pasteurization.
(a) General rule.--A milk plant may apply to the department
for approval to use a sell by date or a best by date that
exceeds the 17-day period referenced in section 5743(e)
(relating to label requirement). Approval shall be by type of
milk and the type and volume of the milk container.
(b) Approval process.--Approval may be obtained by the
following process:
(1) The applicant must apply to the department for
approval to use a specific sell by or best by date that
exceeds the 17-day period referenced in section 5743(e),
using a form provided by the department.
(2) The applicant must specify on the form, by milk type
and type and volume of container, each product for which
20210SB0434PN0877 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
approval is sought, and the specific sell by date or best by
date proposed for that product as packaged.
(3) For each milk type and type and volume of container
with respect to which approval is sought, the applicant must
include scientific documentation as the department may
require to confirm the following:
(i) unopened samples from at least three different
production days were maintained at a temperature of
between 34 and 45 degrees Fahrenheit for no less than the
entire proposed sell by date or best by date period;
(ii) after the proposed sell by date or best by date
period ended, each sample was opened and tested for
bacterial count, and the bacterial count for each sample
did not exceed the bacteriological standards for milk set
forth in the department's milk sanitation regulations ;
and
(iii) the testing was completed within three months
preceding the date the application was submitted to the
department.
(c) Continuation of approval.--Approval issued by the
department under this section shall remain in effect as long as
the milk plant continues to complete the periodic sampling and
testing required in section 5746 (relating to monitoring by milk
plants and department) and the bacterial test results do not
exceed the bacterial limits for pasteurized milk described in
section 5746.
§ 5745. Prohibitions.
(a) Sell by date.--Pasteurized milk may not be sold or
offered for sale if the milk is sold or offered for sale after
the sell by date designated on the cap or nonglass container.
20210SB0434PN0877 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Best by date.--Pasteurized milk may not be sold or
offered for sale if the milk is sold or offered for sale after
the best by date designated on the cap or nonglass container.
§ 5746. Monitoring by milk plants and department.
(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)
20210SB0434PN0877 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
20210SB0434PN0877 - 7 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
5744.
§ 5747. Regulations.
The department shall make such reasonable rules and
regulations as may be deemed necessary for carrying out the
provisions of this subchapter.
Section 2. The provisions of 7 Pa. Code § 59a.15 are
abrogated to the extent of any inconsistency with this act.
Section 3. This act shall take effect in 30 days.
20210SB0434PN0877 - 8 -
1
2
3
4
5
6
7
8