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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
) 
.. . 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Milk is a nutritive substance obtained from various animals and consumed by humans. 
The common concept of milk is that which his is obtained from dairy cows, although milk from 
goats, water buffalo, and reindeer is also used in various parts of the world. In many 
industrialized countries, raw cow’s milk is processed be€ore it is consumed. During processing 
the fat content of the milk is adjusted, various vitamins are added, and potentially harmful 
bacteria are killed. In addition to being consumed as a beverage, milk is also used to make butter, 
cream, yogurt, cheese, and a variety of other dairy products.’ 
Milk is the most complete food designed to feed growing children. It is easily digested 
and little is wasted.2 It is a good source of protein, carbohydrates, fat, vitamins A aud D, and 
minerals such as calcium and phosphorous which are essential for the body’s growth and 
development. Older adults likewise benefit from regular milk consumption. A large glass a day 
of forlified milk may provide a simple, inexpensive, and effective way to slow or stop the age- 
related bone loss.’ 
This bill seeks to ensure that the milk and dairy products Filipinos enjoy are produced 
pursuant to the highest standards by mandating that manufacturers, producers and sellers of milk 
and dairy products to comply with the standards prescribed by this Act. 
I 
’ http://www.niadehow.com/Volume-4iMilk.htd 
’ Little, Linda.Milk Helus Keeu Men’s Bones Strong. 
http://www.webmd.codcontent/article/l12/110473.htm 
http://www.school-porlal.co .uWGroupDownloadFile.asp?GroupId=22696&ResourceId= 105 927 
2 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPNES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REGULATE AND PROVIDE STANDARDS FOR 
THE MANUFACTURE AND SALE OF MILK AND DAIRY PRODUCTS 
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assembled: 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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SECTION 1. This Act shall be lmown as the "Manufacturing Milk Act of 2007." 
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SECTION 2. Declaration of Policy. ~ It is the policy of the State to promote the general 
wel€are of the people. Pursuant to this policy, it shall require manufacturers, producers and 
sellers of milk and dairy products to comply with the standards prescribed by this Act. 
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SECTION 3. Definition of Terms. - For the purposes of this Act, the term 
(A)"Adulterated" means food or milk products to which any of the following apply: 
(1) It bears or contains any poisonous or deleterious substance that may render it 
injurious to health except that, if the substance is not an added substance, the 
food or milk product is not considered adulterated if the quantity of that 
substance in the food or milk product does not ordinarily render it injurious to 
health; 
(2) It bears or contains any added poisonous or added deleterious substance, other 
than a substance that is a pesticide chemical in or on a raw agricultural 
commodity; a food additive; or a color additive considered unsafe; 
(3) It is a raw agricultural commodity that bears or contains a pesticide chemical 
considered unsafe; 


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(4) It bears or conkins any food additive considered unsafe: Provided, that where 
a pesticide chemical has been used in or on a raw agricultural commodity in 
conformity with an exemption granted or tolerance prescribed below and the 
raw agricultural commodity has been subjected to processing the residue of 
that pesticide chemical remaining in or on that processed food is not be 
considered unsafe if that residue in or on the raw agricultural commodity has 
been removed to the extent possible in good manufacturing practice and if the 
concentration of that residue in the processed food when ready to eat is not 
greater than the tolerance prescribed for the raw agricultural commodity; 
(5) It is or contains a new animal drug or conversion product of a new animal 
drug that is unsafe; 
(6) It consists in whole or in part of a diseased, contaminated, filthy, putrid, or 
decomposed substance or it is otherwise unfit for food; 
(7) It has been produced, prepared, packed, or held under unsanitary conditions in 
which it may have become contaminated with filth or in which it inay have 
been rendered diseased, unwholesome, or injurious to health; 
(8) It is the product of a diseased animal or an animal that has died other than by 
slaughter or that has been fed uncooked garbage or uncooked offal fioni a 
slaughterhouse; 
(9) Its container is composed, in whole or in part, of any poisonous or deleterious 
substance that may render the contents injurious to health; 
(10) A valuable constituent has been in whole or in part omitted or abstracted from 
the food; a substance has been substituted wholly or in part for the food; 
damage or inferiority has been concealed in any manner; or a substance has 
been added to the food or mixed or packed with the food so as to increase its 
bulk or weight, reduce its quality or strength, or make it appear better or of 
greater value than it is; 
(11) It is confectionery and has partially or completely imbedded in it any 
nonnutritive object except in the case of any normutritive object if, as 


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provided by rules, the object is of practical functional value to the 
confectionery product and would not render the product injurious or 
hazardous to health; it bears or contains any alcohol other than alcohol not in 
exces~ of 1/2 of 1% by volume derived solely from the use of flavoring 
extracts; or it bears or contains any nonnutritive substance except a 
nonnutritive substance such as harmless coloring, harmless flavoring, 
harmless resinous glaze not in excess of 4/10 or 1%, harmless natural wax not 
in cxccss of 4/10 of 1%, harmless natural gum and pectin or to any chewing 
gum by reason of its containing harmless nonnutritive masticatory substances 
which is in or on confectionery by reason of its use for some practical 
functional purpose in the manufacture, packaging, or storage of such 
confectionery if the use of the substance docs not promote deception of the 
consumer or otherwise result in adulteration or misbranding in violation of the 
provisions of this act. For the purpose of avoiding or resolving uncertainty as 
to the application of this subdivision, the Secretary may issue rules allowing 
or prohibiting the use of particular nonnutritive substances; 
(12) It is or bears or contains any color additive that is unsafe; 
(13) It has been intentionally subjected to radiation, unless the use of the radiation 
was in conformity with a rule or exemption under this Act or a regulation or 
exemption under other laws; or 
(1 4) It is bottled water that contains a substance at a level higher than allowed under 
this Act. 
For the purposes of this paragraph, any added poisonous or deleterious substance, 
any food additive, and pesticide chemical in or on a raw agricultural commodity, or any 
color additive is considered unsafe unless there is in effect a regulation or exeniption 
from regulation under other laws, or a rule adopted under this Act limiting the quantity of 
the substance, and the use or intended use of the substance, and the use or intended use of 
the substance conforms to the terms prescribed by the rule. 


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(B) “Approved sample container” means a presterilized, suitable nontoxic single service 
container of adequate size that complies with the requirements of standard methods. 
(C) “Aseptic processing and packaging” means the filling of a commercially sterilized 
cooled product into presterilized containers followed by aseptic hermetical sealing 
with a presterilized closure, in an atmosphere free of microorganisms. 
(D) “Bulk milk hauler/sampler” means any person who collects official samples and may 
transport raw milk from a farm and/or raw milk products to or from a dairy plant, 
receiving station, or transfer station and has in his or her possession a license or 
permit to sample such products. 
(E) “Bulk milk pickup tanker” means a vehicle including a truck, tank, and those 
appurtenances necessary for its use used by a bulk milk hauler or sampler to transport 
bulk raw milk for pasteurization from a dairy farm to a dairy plant, receiving station, 
or transfer station. 
(F) “Butter” means the product usually known as butter that is made exclusively from 
wholesome milk or cream, or both, with or without common salt, and with or without 
additional coloring matter and containing not less than 80% by weight of milk fat. 
(G) “Cheese” means natural cheeses, processed cheeses, blended cheeses, cheese foods, 
cheese spreads, nonstandard cheese products, and related foods. 
(H) “CIP” or “cleaned-in-place” means the procedure by which sanitary pipelines or 
pieces of dairy equipment are mechanically cleaned in place by circulation. 
(I) “Commercial sterility of thermally processed food” means the condition achieved 
under either of the following circumstances: 


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(1) By the application of heat which renders the food free of microorganisms 
capable of reproducing in the food under normal nonrefrigerated conditions of 
storage and distribution and viable microorganisms, including spores, of 
public health significance; or 
(2) By the control of water activity and the application of heat, which renders the 
food free of microorganisms capable of reproduction in the food under normal 
nonrefrigerated conditions of storage and distribution. 
(J) “Cream” means any of the following: 
(1) Light cream containing not less than 18% but not more than 30% milkfat; 
(2) Whipping cream containing more than 30% but less than 36% milkfat; 
(3) Heavy cream containing more than 36% milkfat; or 
(4) Cream obtained from cheese whey only if sold or labeled as whey cream. 
(1C)“Dairy plant” means a milk plant, transfer or receiving station, cheese plant, frozen 
desserts plant, or other plant receiving dairy products or processing dairy products 
into manufactured dairy products. 
(L) “Dairy product” or “manufactured dairy product” means products that include, but are 
not limited to, evaporated milk, condensed skim milk, condensed milk, condensed 
buttermilk, condensed milk solids, concentrate milk, nonfat dry milk, dry milk, dry 
cream, dry whey, dry buttermilk, butter, buttermilk, cheese, cheese products, ice 
cream, sherbet, frozen desserts, dairy confections, or novelties, related dairy products 
with butter fat or milk solids substitutions, filtered milk components, infant formula 
manufactured with dairy ingredients, whey, whey cream, and other products for 
human consumption not regulated by law or as determined appropriate by the 
Secretary. 
(M) “Department” means the Department of Health. 


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(N)“Distributor” means a person other than a producer or processor who offers for sale, 
or sells to another for resale at retail, milk or dairy products. A distributor’s facilities 
include warehousing, refrigerated storage, and refrigerated distribution vehicles. 
(0)“Dry milk product” means a product resulting from the drying of milk or a dairy 
product. 
(P) “Dryer” means equipment that dries milk or a dairy product 
(Q)“Farm tank” means the farm bulk milk tank, milk tank truck, or silo used for the 
storage or cooling of milk, or both, before pickup and transport from the farm. 
(R) “First receiving point” means the dairy plant where the milk is first received for 
processing and manufacturing. First receiving point does not include receiving 
stations and transfer stations. 
(S) “Frozen desserts” means desserts made from dairy products, the mixes, and other 
similar frozen dairy products that include, but are not limited to, frozen yogurt, salt 
serve ice cream, and quiescently frozen confections unless otherwise specified by the 
Department. 
(T) “Imminent or substantial health hazard” means a determination by the Secretary of 
either or both of the following: 
(1) A condition that exists at a dairy farm or dairy plant requiring immediate 
action to prevent endangering the public health or safety; or 
(2) A milk or dairy product may be unwholesome or unsafe. 
(U) “Label” means a display of written, printed, or graphic matter upon the immediate 
container of any article conforming to a requirement imposed under this act that any 


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word, statement, or other information appearing on the label also appears on the 
outside container or wrapper of the retail package of the article or be easily legible 
through the outside container or wrapper. 
(V)“Labeling” means all labels and other written, printed, or graphic matter upon an 
article or any of its containers or wrappers or accompanying the article. 
(W) “Milk” means the lacteal secretion, practically free from colostrum, obtained by the 
complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. 
(X) “Milk buyer” means any milk producer, milk producer marketing organization, dairy 
plant, receiving station, transfer station, or bulk milk hauler that either takes delivery 
of raw milk or a raw milk product or manages the sale of the raw milk or raw milk 
product, or both. 
(Y)“Milk tank truck” means both a bulk milk pickup tanker and a milk transport tank. 
(Z) “Milk tank truck cleaning facility” means any place, premises, or establishment, 
separate from a dairy plant, receiving station, or transfer station where a milk tank 
truck is cleaned and sanitized. 
(AA) “Milk transportation company” means the company that is the person responsible 
for a milk tank truck. 
(BB) “Milk transport tank” means a vehicle, including the truck and tank, used by a bulk 
milk haulerisampler to transport bulk shipments of milk from a dairy plant, 
receiving station, or transfer station to another dairy plant, receiving station, or 
transfer station. 


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(CC) “Misbranded” means food to which any of the following apply: 
(1) Its labeling is false or misleading in any particular; 
(2) It is offered for sale under the name of another food; 
(3) It is an imitation of another food unless its label bears, in type of uniform size 
and prominence, the word “imitation” and immediately thereafter the name of 
the food imitated; 
(4) Its container is so made, formed, or filled as to be misleading; 
(5) It is in package form, unless it bears a label containing both the name and 
place of business of the manufacturer, packer, or distributor and an accurate 
statement of the quantity of the contents in terms of weight, measure, or 
numerical count subject to reasonable variations as are permitted and 
exemptions as to small packages as are established by rules promulgated by 
the Department; 
(6) Any word, statement, or other labeling required by this act is not prominently 
placed on the label or labeling conspicuously and in such terms as to render it 
likely to be read and understood by the ordinary individual under customary 
conditions of purchase and use; 
(7) It purports to be or is represented as a food for which a definition and standard 
of identity have been prescribed by rules as provided by this act or under other 
laws, unless it conforms to such definition and standard and its label bears the 
name of the food specified in the definition and standard, and, as may be 
required by the rules, the common names of optional ingredients, other than 
spices, flavoring, and coloring, present in such food; 
(8) It purports to be or is represented to be either of the following: 
a. A food for which a standard of quality has been prescribed by this Act or 
rules and its quality falls below such standard unless its label bears, in 
such manner and form as such rules specify, a statement that it falls 
below such standard: or 


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b. A food for which a standard or standards of fill of container have been 
prescribed by this Act or rules and it falls below the standard of fill of 
container applicable unless its label bears, in such manner and form as 
the rules specify, a statement that it falls below the standard. 
(9) It does not bear labeling clearly giving the common or usual name of the food, 
if one exists, and if fabricated from 2 or more ingredients, the common or 
usual name of each ingredient except that spices, flavorings, and colorings, 
other than those sold as such, may be designated as spices, flavorings, and 
colorings, without naming each and under other Circumstances as established 
by rules regarding exemptions based upon practicality, potential deception, or 
unfair competition; 
(10) It bears or contains any artificial flavoring, artificial coloring, or chemical 
preservative unless the labeling states that fact and under other 
circumstances as established by rules regarding exemptions based upon 
practicality; 
(1 1) If a food intended for human consuniption and offered for sale, its label and 
labeling do not bear the nutrition information; 
(12) It is a product intended as an ingredient of another food and, when used 
according to the directions of the purveyor, will result in the final food 
product being adulterated or misbranded; or 
(13) It is a color additive whose packaging and labeling are not in conformity 
with packaging and labeling requirements applicable to such color additive 
prescribed under the provisions of this Act. 
(DD)"Mix" means ice cream mix, yogurt mix, sherbet mix, and any other unfrozen 
pasteurized liquid mixture which is to be manufactured into a frozen dessert 
including a liquid mixture intended for processing into quiescently frozen 
confections. 


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(EE) “Offering for sale” means selling, ofkring to sell, holding for sale, preparing for 
sale, trading, bartering, offering as a gift as an inducement for sale of, and 
advertising for sale in any media. 
(FF) “Person” means an individual, partnership, company, limited liability company, 
cooperative, association, firm, trustee, educational institution, state or local 
government unit, or corporation. 
(GG) “Processor” means the owner or operator of a dairy plant. 
(HH)“Producer” means a person who owns or operates a dairy farm and sells or 
distributes milk produced on that farm including a person who markets milk on 
behalf of another producer pursuant to a marketing agreement. 
(11) “Receiving station” means any place, premise, or establishment where raw milk is 
received, collected, handled, stored, or cooled and is prepared for hurther 
transporting. 
(JS) “Rerun” means a frozen dessert that is not placed in its final container immediately 
after passing through the freezing process and is intended to be melted and 
reprocessed or refrozen. 
(1%) “Sample transfer instrument” means any of the following: 
(1) Individually wrapped, sterile, single-service sampling tubes; 
(2) Stainless steel metal dippers, with long handles having capacities of 10 ml. or 
greater; 
(3) Sampling devices approved by the Secretary. 


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(LL) “Sanitary standards” means the dairy equipment construction standards or accepted 
dairy system operating practices formulated by any of the following: 
(1) Sanitary Standards Committees representing the International Association for 
Food Protection; 
(2) Standards for dairy equipment formulated by the Department of Health; or 
(3) The equipment or practice approved by the Secretary on a case-by-case basis. 
(MM) “Sanitizing” means the application of any effective method or sanitizing agent to 
a clean surface for the destruction of pathogens and other organisms as far as is 
practicable. 
(NN) “Secretary” means the Secretary of the Department of Health. 
(00) “Scheduled process” means the aseptic process selected by the processor as 
adequate under the conditions of manufacture for a given product to be free of 
viable microorganisms having public health significance as well as microorganisms 
of nonhealth significance capable of reproducing in the food under nonnal 
nonrefrigerated conditions. Scheduled process includes an aseptic process that may 
be in excess of that necessary to ensure destruction of microorganisms of public 
health significance but at least equivalent to the process established by a competent 
processing authority to achieve commercial sterility. 
(PP) “Sterilization or aseptic processing” means the complete destruction of living 
organisms by 1 of the following methods: 
(1) Heating a container and its contents to a temperature between 212°F (100OC) to 
280’F (138°C) for a period of time established by the scheduled process or by 
the Department. 
(2) Creating a continuous product flow above a temperature of 280°F (138°C) for a 
period of time established by the scheduled process or by the Department, 


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(3) Employing a process described in subdivision (i) or (ii), and following 
packaging of the sterilized product, applying a heat treatment approved by the 
Department. 
(QQ) “Sterilized or aseptic milk and dairy products” means products hermetically sealed 
in a container and thermally processed or otherwise processed so as to render the 
product free of microorganisms capable of reproducing in the product under normal 
nonrefrigeration conditions of storage and distribution and free of viable 
microorganisms including spores of public health significance. 
(RR) “Transfer station” means any place, premises, or establishment where milk or dairy 
products are transfetled directly from 1 milk tank truck to another. 
SECTION 4. 
Prohibited Acts. - It shall be unlawful for any person, directly, through an 
agent, or on behalf of another person to sell or offer for sale, furnish, or possess or control with 
intent to sell or offer for sale, or furnish an unsanitary, adulterated, or misbranded milk or dairy 
product to any person or a processor. 
Any person found in violation of the above prohibition shall be fined an amount 
equivalent to what he or she has earned from the sale or offer for sale, furnishing, possession or 
control with intent to sell or offer for sale of such milk or dairy product: Provided, that such 
amount shall be no less that Fifty Thousand Pesos (P50,OOO.OO). 
If the offender referred to in the above paragraph is a corporation, trust or firm, 
partnership, association or any other entity licensed to produce, transport, wash milk tank trucks, 
process, manufacture, label, or sell manufacturing milk and dairy products or manufacture single 
service containers and closures under this Act, such license shall be revoked and shall not be re- 
issued another for a period not less than five ( 5 )  years. 


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SECTION 5. Standavds and Compliance. ~ All milk and dairy producls made, produced 
or sold in the Philippines shall be made, produced or sold pursuant to the requirements of this 
Act and the standards as follows: 
___.____ 
Chemical, Physical, Bacteriological, and Temperature Standards 
Bulk milk cooled to 45'F (7OC) or less 
within 2 hours after milking and maintained 
thereat. Provided, that the blend 
Manufacturing Grade Raw Milk 
For Pasteurization (Not For 
Frozen Desserts) Including 
Ultrafiltration Or Reverse 
Osmosis Raw Milk Concentrate 
first and subsequent 
exceed 50°F (10°C). Can 
60°F (16°C) if used for 
cheese making; if delivered to the plant 
within 2 hours of milking, no temperature 
Not to exceed 500,000 per ml (milk for 
cheese not to exceed 750,000 per ml). Not 
.- 
Not to exceed 1,000,000 per ml. 
No positive results on drug residue 
detection methods which have been found 
Drug residues 
following procedures from standard 
methods for the examination of milk and 
milk products. 
Bulk milk cooled to 45'F (7°C) or less 
within 2 hours after milking and maintained 
temperature after the first and subsequent 
Not to exceed 100,000 per in1 for individual 
. 
Not to exceed 750,000 per ml. 
following procedures from standard 
methods for the examination of milk and 
Sediment 
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llmilk products. 
r
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y
/
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C
o
o
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d
 
to 45°F (7°C) [SOOF (10°C) if45% 
or more solids] or less, or heated to 145" 
(63OC) or greater and maintained thereat 
. ._ 


E=..- 
__-. 
I.. 
__ 
c--~ 
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1s 
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Butterfat 
m s s t h a n %  - 
or more than -~ 
40%. 
-~~ 
Solubility index 
.____ 
~ 
--.... 
Moisture - 
p z r -  
1.0 ml spray process; 15.0 roller process. 
[
J
B
a
c
t
e
r
i
a
l
 
________ 
_ _ _ _ - _ _ ~ ~ ~  
-~ 
limit 
Not to exceed 50,000 per gram. 
I 
r-.----py 
[- 
:]Titratable 
E---- 
/pplColiform 
c___-_ 
C 
I B a c t e r i a l  
____. 
Not less than 26% or more than 40%. 
- 
Butterfat 
Moisture 
(Solubility index 
count 
5.00%. 
__ 
acidity 0.15%. 
1.5 ml spray process; 15.0 ml roller process 
~~~~ 
Not to exceed 10 per gram. 
limit 
Not to exceed 100,000 per gram. 
.- 
~~ 
-. - 
______ 
E 
-1DMCC 
P o z D r y  Milk, Extra Grade 
E-..= 
r- 
-/Moistwe 
_ _  
count 
lLess than 100,000,000 per gram. 
- 
__-_ 
(No more than: 7 
- 
.~ 
XButterfat 1.25%. 
4.00%. 
-. . 
- 


1 
I 
1 
2 
Coliform count 
1 10 per gram. 
Ilparticles disc B 
11 
i 
detection methods which have been found 
E.---- 
-1Moisture 
L 
r-- -- 
-
1
 
9 
10 
p
E
7
.
J
 
____ 
T T i t r a t a b l e  acidity 0.15%. 
_____ 
___- 7 
Solubility index 
1 .0 ml. 
11 
~ppIrBacteriallimit]Not 
~ p l I C o l i f o r m m N o t e e d  
12 
to exceed 10,000 per gram. 
- I 
___~ 
~~ 
-1 
10 per gram. 
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r- 
22 
II 
G
n
e
d
 
at a temperature of 45'F (7°C) 1 
23 
24 
2s 
26 
27 
28 
29 
1 
____ 
r-1 
~ 
IIDMCC count 
]/Less than 100,000,000 per gram. 
__ 
~~ I 
IITitratable 
Whey For Condensing 
or less, or 145'F (63'C) or greater, except 
for acid-type whey with a titratable acidity 
Temperature 
.... . 
_______- 
__-- 4 
/ / C o l i f o r m x ] / N o t  
1 
S--__. 
to exceed 10 per gram. 


Scharer rapid method; less than 500 
Drug residues 
to be acceptable for use with condensed 
77pJ 
_ - _ ~  
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.~ 
4.0% max. 
- -~ 
?Bacterial 
limit 
Not to exceed .- 
30,000 per gram. 
P
o
 
exceed 1 .So/. 
2 
Coliform count 
Not to exceed 10 per gram. 
- 
7 '  
Millcfat content 
IMoistiii-e content K e e r  
L 
J 
r- ppp 
r-- 
i____- 
-
1
 
1- 
Moisture 
]Titratable acidity /0.10-0.18%. 
Solubility index 
Bacterial limit 
plColiform 
count 
1.25 ml spray process; 15.0 roller 
____._ 
process. 
lNot to exceed 20,000 per gram. 
Not to exceed 10 per gram. 
15.0 mg spray process; 22.5 mg roller 
- 
Scorched 
1 
1 
-
1
 
L 
?Bacterial 
r - - p j C o l i f o r m  
r-- 
r- 
No positive results on drug residue 
detection methods which have been found 
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K
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E
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y
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4.5% min. 
Buttermilk Products, Standard 
-. 
Moisture 
15.0% max. 
/Titratable acidity 0.10-0.20%. 
Solubility index 
-- 
2.0 ml spray process; 15.0 roller process. 
Not to exceed 75,000 per gram. 
_____ 
Not to exceed 10 per gram. 
limit 
count 
~- 
-1Scorched 
22.5 mg spray process; 32.5 mg roller 
to be acceptable for use with dry buttermill 
and dry buttermilk products. 


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E---- _.__ -1 
at a temperature of 45'F (7OC) 
. . .- .~ 
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Yeast and mold 
Coliform count 
Not more than 10 per gram. 
Not more than 10 
- per gram. 
____.___ 
.- 
JKeeping quality ,Satisfactory after 7 days at 70°F (21°C). 
m i z e d  Or Aseptic Products 
E--- 
Bacterial limit 
No viable bacteria. 
Temperature 
No temperature standard. 
_. 
Farms And Dairy Plants; 
Recirculated Cooling Water 
(Sweet Water); Glycol For 
count 
ICooling 
_ _ ~  
__ 
II 
I/ 
- 
__ 
pate 
Water) 
Recovery Water 
b o t  to exceed 500 per ml. 
~ 
Less than 1.1 per 100 ml as MPN or 
equivalent method less than 1 per 100 ml. 
~~~~~~~~1 Oxygen 
r-- 
IlTurbidity 
I 
.. 
/Not to exceed 12 mg per L. 
Not to exceed 5 units. 


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SECTION 6. Millcfor Human Consumption. - A person who offers milk to the public for 
human consumption shall obtain that milk from cows, sheep, or goals that are located in areas 
under government supervision for the eradication o f  tuberculosis and brucellosis and comply 
with those requirements for eradication of tuberculosis and brucellosis. Each animal that 
produces milk for human consumption shall be properly maintained and fed in a manner 
consistent with Department recommendations for the maintenance of animals of that kind. 
A person shall not sell or offer for human consumption milk that is known to the person 
to be any of the following: 
(A) Infected with mastitis or showing signs of being bloody, ropy, or clumpy; 
(B) Carrying a violative drug residue in an amount that exceeds the maximum permitted 
by law; 
(C) Containing a pesticide or other chemical in excess of the maximum amount permitted 
by law; 
(D) Not normal and fresh in odor or appearance or containing excessive coarse sediment 
when examined organoleptically, visually, or by an accepted test procedure; 
(E) Containing excessive sediment as determined by sediment test methods provided in 
standard methods for the examination of dairy products; or 
(F) Exceeds legal temperature, bacterial, or somatic cell limits. 
A person in possession of milk described above shall dispose of that milk in the 
manner directed by the Department. 
SECTION 7.Requirements for a Milking Barn or Milking Parlor. - A milking barn or 
milking parlor shall be all of the following: 
(A) Well-lighted and ventilated; 
(B) Of a size and arrangement adequate to provide for sanitary milking operations; 
(C) Constructed with floors and gutters of concrete or other impervious material; 
(D) Kept clean, with manure removed daily and stored out of reach of the animals that 
are subject to milking; 
(E) Kept fkee of swine or fowl at all times; and 


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(F) Constructed with a dust-tight ceiling. 
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SECTION 8. Requirements for Yard and Loafing area of Dairy Animals; HandIing of 
Milkfrom a Dairy Animal. - The yard and loafing area for dairy animals shall be all of the 
following: 
(A) Of ample size to prevent overcrowding; 
(B) Drained to prevent the formation of standing pools; and 
(C) Kept as clean as is practicably possible. 
A person who obtains milk from a dairy animal shall do all of the following: 
(A) Ensure that the udders and flanks of the animal are kept clean; 
(B) Wash and wipe the udders and teats of the animal immediately before milking with a 
clean cloth or paper towel that is treated with an approved sanitizing solution and 
dried with a clean cloth or paper towel after washing, or use any other method 
approved by the Department; 
(C) Wear clean outer clothing; 
(D) Maintain clean and dry hands during milking; 
(E) Refrain from handling the animal, milk containers, milking utensils, and equipment at 
any time the person has an infected cut or open sore on either of his or her hands or 
arms. 
(F) Milk last or with separate equipment those animals that secrete abnormal milk and 
exclude that abnormal milk from the milk that will be offered for human 
consumption. 
(G) Maintain and properly store milk stools, surcingles, and antilticlters; 
(H) Refrain from conducting an activity that raises dust in the milking area immediately 
before or during milking; 
(I) Store feed and concentrates in a tightly covered container; 
(J) Except for milk that is delivered to a processing plant within 2 hours after the milking, 
cool and store milk that is contained in cans and that will be used exclusively for 


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cheese manufacturing at 60 degrees Fahrenheit (16 degrees Celsius) or lower at the 
farm within 2 hours after the milking; and 
(K) Cool milk that is stored in a dairy farm bulk tank to SO degrees Fahrenheit (10 
degrees Celsius) within 4 hours or less of the commencement of the first milking, and 
to 45 degrees Fahrenheit (7 degrees Celsius) or less within 2 hours after milking, 
provided that the blend temperature after the first milking and subsequent milltings 
does not exceed SO degrees Fahrenheit (10 degrees Celsius). 
SECTION 9. Requirements for a Milkhouse or Milkroom. - A milkhouse or milkroom 
shall be all of the following: 
(A) Well-lighted and ventilated. Lighting in the milkhouse shall be adequate for 
milkhouse operations. A minimum of 1 light for the wash vat and a light for each 
bulk tank opening shall be provided. Nonelectric farms shall have the minimum of 1 
battery-operated light for each bulk tank opening. Lights shall not be positioned 
directly over bulk tank openings. Fuels used for milkhouse operations shall not cause 
odors that may impart off-flavors to the milk, 
(B) Located in convenient proximity to a milking barn or milking parlor. 
(C) Constructed in accordance with applicable building codes, with each of the 
following: 
(1) A floor of concrete or other impervious material, graded to provide appropriate 
drainage; 
(2) Walls and ceiling of a smooth, readily cleanable material; 
(3) A platform or slab constructed of concrete or other impervious material at the 
exterior of the millthouse or milkroom, centered beneath a suitable opening, fitted 
with a tight, self-closing door, located on the exterior wall for milkhouse or 
milkroom connections to bulk milk tanks. The platform or slab shall be a 
minimum of 4 feet by 4 feet to provide sufficient room and clean surface for the 
milk hauler to stand and handle the milk transfer hose; 


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(4) A truck approach to the milkhouse or milkroom, properly graded and surfaced to 
prevent mud or pooling of water at the milk loading point. 
(D) Equipped with a wash and rinse vat, utensil rack, and milk cooling facilities, for the 
handling and cooling of milk, and for the washing, handling, and storage of milking 
utensils and equipment; 
(E) Free of any product that the Department determines is likely to contaminate milk or 
create a public health hazard; 
(F) Equipped with a supply of hot water adequate for cleaning milk utensils and 
equipment; 
(G) Designed without a direct opening, and with a solid, tight-fitting, self-closing door, at 
any entrance to a barn, stable, or milking parlor; 
(H) Designed with screens at all outside openings, unless another meaus is provided to 
prevent the entrance of insects or rodents into the milkhouse or milltroom. Screen 
doors shall he tight-fitting and self-closing and open outward. Toilet facilities located 
adjacent to the milkhouse or milking facilities shall have self-closing doors and all 
outside openings shall be screened; and 
(I) Plans for new facilities, remodeled facilities, or new equipment installations must be 
submitted to the Department for prior approval. 
A dairy farm bulk tank shall be located in a milkhouse or milltroom in a mamer that 
allows access to all areas of the tank for cleaning and servicing. A dairy farm bulk tank shall not 
be placed over a floor drain or under a ventilator or unprotected light fixture. A dairy farm shall 
ensure that each new farm bulk tank meets sanitary standards and is installed in accordance with 
Department specifications. 
The owner or operator of a milkhouse or milkroom shall ensure all of the following: 
(A) That the milkhouse or milkroom is clean and free of contaminants, animals, and fowl; 
(B) That an unapproved pesticide is not stored in the milkhouse or milkroom; 
(C) That any pesticide used in or near the milbouse or milkroom is used in accordance 
with label instructions to prevent the contamination of milk or equipment; 


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(D) That each utensil, milk can, milking machine, pipeline system associated with a 
milking machine, and other equipment used in the handling of milk is maintained in 
good condition, free from rust, open seams, milkstone, and any unsanitary condition. 
(E) That each utensil and item of equipment used in the handling of milk is of a smooth, 
noncorrosive material, washed, rinsed, and drained after each milking, stored in an 
appropriate manner, and sanitized immediately before use, by using dairy cleaners, 
detergents, sanitizing agents, or other similar materials labeled for dairy or food 
service use that will not contaminate or adversely affect the milk. 
(F) That each dairy farm tank used on the premises is constructed of a material or 
materials approved by the Department; 
(G) That each item that is designed for a single use is properly stored and is not reused; 
and 
(H) That waste products are disposed of in a manner that will not pollute the soil surface, 
contaminate a feed, milk, or water supply, or be exposed to insects. 
SECTION 10. Requirements for a Producer who Ships Milk in Cans. - A producer who 
ships milk in cans shall do each of the following: 
(A) Ensure that each milk can used in transporting milk from dairy farm to plant is 
seamless with an umbrella lid for easy cleaning; and 
(B) Inspect, repair, and replace milk cans as necessary to prevent the use of cans and lids 
with open seams, cracks, rust, milkstone, or any unsanitary condition. 
A producer who ships milk from a farm bulk tank shall comply with the following: 
(A) A farm tank on a dairy farm shall be installed so as to remain level at all times; 
(B) A farm tank shall have an accurate indicating thermometer stored in the milkhouse 
which may be either an integral thermometer in the farm tank or an approved 
thermometer acceptable to the Secretary; 


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(C) A farm tank shall have a calibrated means of measurement and an accurate and 
legible volume to weight conversion chart, unless the farm tank is mounted on an 
accurate scale; 
(D) A conversion chart shall bear the same serial number as that found on the farm tank 
and measuring rod; 
(E) The producer is responsible for recalibrating a farm tank that does not have an 
accurate conversion chart. 
(F) A farm tank shall not be filled to a capacity that exceeds the calibrated limits as 
indicated by the conversion chart. If the producer wishes to fill the tank nearer to the 
top, the tank shall be calibrated to an additional height, which still permits proper 
agitation without spillage; 
(C) Milk to be offered for sale shall be cooled and stored in the farm tank equipped with 
cooling and agitation. Other cooling and storage facilities may be used when 
approved in writing by the Secretary on a case-by-case basis. 
(H) Milk production shall be of sufficient quantity so that it can be properly agitated not 
later than at the completion of the first milking into the farm tank; and 
(I) Facilities for effectively sanitizing farm tanks shall be provided by the producer. 
SECTION 11. Investigations and Inspections. - The Secretary shall foster and encourage 
the dairy industry and, for that purpose, shall investigate the general conditions of the dairy 
farms, dairy plants, single service manufacturers, receiving stations, transfer stations, bulk milk 
haulersisamplers, can milk trucks, milk tank trucks, milk tank truck cleaning facilities, and 
distributors with full power to enter upon any premises for such investigation, with the object of 
improving the quality and creating and maintaining uniformity of the dairy products of the state. 
If determined necessary by the Secretary, he or she may cause instruction to be given in 
any dairy farm, dairy plant, single service manufacturer, receiving station, transfer station, and 
distributor or in any locality in this state, in order to secure the proper feeding and care of dairy 
animals, the proper maintenance and sanitation of milk handling equipment, the proper 
28 
maintenance of milk production facilities, the proper maintenance of milk processing facilities, 


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the proper maintenance oi' single service facilities, the proper handling and storage of milk, dairy 
products, or single service containers, or the practical operation of any plant producing dairy 
products or single service containers for dairy products. 
SECTION 12. Inspection Reports. - The Secretary shall furnish copies of its inspection 
reports on any dairy farm producing manufacturing milk to a purchaser of manufacturing milk 
from that farm upon written request. 
SECTION 13. Imported Milk Products. - A sanitary standard or similar requirement 
issued under this Act does not prohibit the sale of manufacturing milk or manufacturing milk 
products that are produced or processed under laws or rules of a governmental unit outside the 
state that the Secretary determines are substantially equivalent to the requirements of the rules 
promulgated under this act and are enforced with equal effectiveness if the governmental unit 
accepts Philippine manufacturing milk and dairy products inspected by the Department. 
SECTION 14. Testing Frequency for Daiiy Products and Dairy Farm Water Supplies. ~ 
All dairy products shall be tested at a minimum frequency of 4 out of every 6 months, or as 
determined by the Secretary. 
Except when the water supply is required to be tested annually, well water samples for 
dairy farms shall be tested a minimum of once every 3 years and found to be of safe and 
satisfactory quality. 
Water supplies for dairy plants shall be tested a minimum of once every 6 months. 
Recirculated water or recirculated cooling medium shall be tested a minimum of once 
every 6 months. 
Condensate recovery water shall be used only in applications that conform to 
requirements and procedures accepted by the Bureau of Food and Drug or the Secretary. 
SECTION 15. Seizure of Milk, Dairy Products, or Equipment. - The Secretary may seize 
or hold for investigation any milk, dairy product, or equipment which the Secretary may have 


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reason to believe constitutes or may be contributing to an imminent or substantial health hazard 
or is in violation of this act. Seized milk, dairy products, or equipment shall not be disposed of 
until a release is obtained from the Secretary. The Secretary shall complete his or her action on 
any such seized item within a reasonable time, and the farm, plait, or station shall be promptly 
notified of the Secretary’s decision. The Secretary may collect and retain evidence to verify the 
determination of an imminent health hazard. 
SECTION 16. Condemnation or Destruction Milk, Dairy Products, or Equipment. 
~ 
Whenever the Secretary finds in any dairy farm, dairy plant, receiving station, transfer station, or 
vehicle any milk or dairy product which contains any unwholesome substance, or that may be 
poisonous or deleterious to health or otherwise unsafe, such milk or dairy product shall be 
declared an imminent or substantial health hazard. The Secretary shall condemii or destroy the 
milk or dairy product or in any other manner render the same unsalable as human food. 
SECTION 17. Licenses or Permits. - A person shall not produce, transport, wash milk 
tank trucks, process, manufacture, label, or sell manufacturing milk and dairy products or 
manufacture single service containers and closures unless licensed or permitted under this Act. 
Government agencies operating dairy facilities under a memorandum of understanding with the 
Department are not required to be licensed or permitted or to provide producer security under 
this Act. 
An applicant for an initial manufacturing grade dairy farm permit shall complete 
education on drug residue avoidance control measures acceptable to the Secretary before 
receiving the permit. 
An applicant for an initial license as a dairy plant shall apply to the Department on a form 
supplied by the Department and provide a statement containing the following: 
(A) The dairy plant’s correct legal name and any name by which the dairy plant is doiug 
business. If the dairy plant is a person not an individual, the name of each officer and 
Secretary, and partner, member, or owner owning in excess of 35% of equity or stock. 


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(B) The location of the dairy plant to which the statement pertains and the name of the 
responsible person who may be contacted at that location. 
(C) The anticipated value of greatest milk receipts the dairy plant expects to receive 
during a consecutive 30-day period within the licensing period. 
(D) A list of producers, including names, mailing addresses, and Department producer 
permit number, with whom the dairy plant intends to do business except that not later 
than 90 days after becoming licensed for the first time, the dairy plant shall send an 
updated list to the Department. 
A dairy plant shall annually renew a license issued under this act by applying to the 
Department at least 30 days prior to the expiration of the existing license. The anniversary date 
of a license for a dairy plant that is providing a financial statement as a security device shall be 
130 days after the close of the licensee’s fiscal year. 
The Secretary may issue a temporary license or permit upon determining that the 
issuance of such license or permit will not be detrimental to the protection of the public health, 
safety, or welfare or will not cause an imminent threat of financial loss to producers. 
No political subdivision of the government of shall levy special license fees or taxes on 
one or more of the persons or businesses described in this section except for taxes or fees that are 
generally levied on persons or businesses other than dairy plants and dairy plant operators. 
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valid and subsisting. 
SECTION 18. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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SECTION 19. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this act is hereby repealed, modified or amended accordjngly. 


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SECTION 20. EfSectivity. - This Act shall take effect fifteen (15) days afier its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
irgs