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HOUSE AMENDED
PRIOR PRINTER'S NO. 1968
PRINTER'S NO. 2105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1330
Session of
2020
INTRODUCED BY VOGEL, SCHWANK AND J. WARD, SEPTEMBER 18, 2020
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 20, 2020
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 processors and department.
5747. Regulations.
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§ 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." Milk, skimmed milk, cream, sour milk, sour cream,
buttermilk and any other fluid derivative of milk, or as
otherwise defined in 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 and milk products.
(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.
§ 5743. Label requirement.
(a) General rule.--The cap or nonglass container of
pasteurized milk held in retail food stores, restaurants,
schools or similar food facilities for resale shall be
conspicuously and legibly marked in a contrasting color with a
sell by date or a best by date.
(b) Sell by date.--A sell by date shall consist of:
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(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
container; or
(ii) the statement "Not to be sold after the date
stamped above" following that designation and appearing
legibly on the 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
processor 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 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
17 days from pasteurization).
(f) Exempt pasteurized dairy products and required lot
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number or manufacturing date code information for pasteurized
dairy products.--The following pasteurized dairy products are
exempt from the requirements of this subchapter, provided that
the cap or container of the pasteurized dairy products 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 dairy products.
(2) Cultured dairy products.
(3) Aseptically processed dairy products.
(4) Dairy products that have 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 processor 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
(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
approval is sought, and the specific sell by date or best by
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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) at least three unopened samples were maintained
at a temperature of between 34 and 45 degrees Fahrenheit
for no less than the entire proposed sell by or best by
interval;
(ii) after the proposed sell by or best by interval
ended, each sample was opened and tested for bacterial
count, and the bacterial count for each sample did not
exceed 50,000 per milliliter or gram THE BACTERIAL LIMITS
FOR MILK AND MILK PRODUCTS 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 processor continues to complete the periodic sampling
and testing required in section 5746 (relating to monitoring by
milk processors 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 container.
(b) Best by date.--Pasteurized milk may not be sold or
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offered for sale if the milk is sold or offered for sale after
the best by date designated on the container.
§ 5746. Monitoring by milk processors and department.
(a) Sampling and testing.--
(1) If a milk processor 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 processor 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 processor 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
processor shall, at intervals of no greater 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 processor or
distributor. The sampling may occur at any time before the
pasteurized milk is delivered to the store or the customer.
(b) Methodology.--
(1) The samples described in subsection (a)(1) and (2)
shall be analyzed by a Pennsylvania-approved dairy
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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 retail container.
(c) Reporting.--A Pennsylvania-approved dairy laboratory
that performs any of the testing described in this section shall
report the test results to the milk processor and the department
in a format and within a time prescribed by the department.
(d) Pasteurized milk that exceeds bacterial limits.--
(1) When two or more samples demonstrate a processor
cannot produce pasteurized milk that remains consistently
within the bacterial limits referenced in subsection (b)
during the sell by or best by period, the department shall
calculate a reduced sell by or best by period for that
pasteurized milk such that bacterial growth in the milk will
not exceed the referenced bacterial limits within that
revised sell by or best by period, if the milk is maintained
in accordance with the temperature standards for pasteurized
milk in the department's milk sanitation regulations.
(2) The processor shall use the revised sell by date or
best by date until the processor obtains a different sell by
date or best by date using the procedure in section 5744.
§ 5747. Regulations.
The department shall make such reasonable rules and
regulations as may be deemed necessary for carrying out the
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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.
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