Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart B - Liquid Foods › Chapter 59a - MILK SANITATION › Subchapter A - PRELIMINARY PROVISIONS › Section 59a.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Terms.
The following words and terms, when used in this
					 chapter, have the following meanings, unless the context clearly indicates
					 otherwise:
3-A Sanitary Standards
-The latest
						standards for dairy equipment promulgated jointly by the Sanitary Standards
						Subcommittee of the Dairy Industry Committee, the Committee on Sanitary
						Procedure of the International Association for Food Protection and the Milk
						Safety Branch, Center for Food Safety and Applied Nutrition, Food and Drug
						Administration, Public Health Service, Department of Health and Human
						Services.
Act
-The act of July 2, 1935 (P. L. 589,
						No. 210) (31 P. S. §
													§
													645-660g), known as the Milk Sanitation
						Law.
Adulterated
-As defined in section 5728
						of the Food Safety Act (relating to adulteration of food).
Approved inspector
-A person who has been
						licensed by the Department in accordance with §
												59a.4 (relating to approved
						inspectors) to perform dairy farm inspections required under this chapter in a
						capable and efficient manner.
Approved sampler
-A person certified by
						the Department to obtain samples of milk or milk products for analysis by a
						Pennsylvania-approved dairy laboratory.
BTU-Bulk tank unit
-A specified group of
						dairy farms from which milk for pasteurization or for manufacturing purposes is
						collected by a milk tank truck.
CIP-Cleaned in place
-The removal of soil
						from product contact surfaces in their process position by circulating,
						spraying or flowing chemical solutions and water rinses onto and over the
						surfaces to be cleaned, provided that:
(i) Components of the equipment which are not
					 designed to be cleaned-in-place are removed from the equipment to be cleaned
					 out-of-place or manually cleaned.
(ii) Product contact surfaces can either be
					 readily inspected by the Department or, with respect to product contact
					 surfaces that cannot be readily inspected (such as permanently installed
					 pipelines and silo tanks), their cleanability by cleaned-in-place cleaning has
					 been accepted by the Department.
Certified industry inspector
-An approved
						inspector who has been licensed by the Department in accordance with §
												59a.4(h) to
						inspect dairy farms on which milk is produced for an interstate milk shipper. A
						certified industry inspector is the equivalent of a "designated inspector," for
						purposes of conducting certified industry inspections described in the Grade
						"A" PMO.
Classification of farm sanitation
						compliance
-
(i)
Passing.
A general compliance with sanitary standards
					 established for the production of milk.
(ii)
Reinspect.
A
					 significant noncompliance with sanitary standards established for the
					 production of milk requiring remedial action and a subsequent review to
					 determine conformity.
(iii)
Suspend.
Major noncompliance with sanitary standards or
					 evidence of conditions that would render the milk unsafe for human consumption,
					 or if on the reinspection it is found that sufficient progress has not been
					 made on the previously recommended corrections.
Commingled milk
-
(i) Milk from two or more
					 producers.
(ii) In a milk plant, a
					 representative sample of all daily sources of milk prior to
					 pasteurization.
Dairy farm
-A place or premise where one
						or more cows or other lactating hooved mammals are kept, and a part or all the
						milk from which is sold or delivered to any person.
Department
-The Department of Agriculture
						of the Commonwealth.
Easily cleanable
-As defined in §
						46.3 (relating to definitions).
FDA
-The Food and Drug Administration of
						the United States Department of Health and Human Services.
Food Safety Act
-3 Pa.C.S. Chapter 57,
						Subchapter.
Grade "A" PMO
-The most current revision
						of the Grade "A" Pasteurized Milk Ordinance and its appendices, as published by
						the FDA. The Department maintains a link to an electronic copy of this document
						on its web site at
www.agriculture.state.pa.us
.
Growth inhibitor
-An antimicrobial
						adulterant including, but not limited to, antibiotics.
HACCP
or
Hazard Analysis
						Critical Control Point
-
(i)
					 The systematic approach to the identification, evaluation and control of
					 significant milk or milk product safety hazards, as described in the Grade "A"
					 PMO.
(ii) The Grade "A" PMO
					 provisions further defining or describing HACCP include Section 1 and Appendix
					 K, regarding definitions and HACCP Program.
HTST
-High temperature short term.
Herd
-A group of animals or a single
						animal maintained for purposes related to this chapter.
Manufactured dairy products
-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
						(plain or sweetened), and other products for human consumption, as may be
						designated by the Secretary including:
(i) Instant nonfat dry milk and other dry
					 milk products.
(ii) Pasteurized
					 process cheese and related products.
(iii) Sterilized milk products.
(iv) Butter-related products.
(v) Other products that must be produced at
					 plants in accordance with supplemental requirements established under
					 Subchapter E (relating to manufacturing plants).
Milk
-Milk, skimmed milk, cream, sour
						milk, sour cream, buttermilk and all other fluid derivatives of milk. The term
						includes milk from any hooved mammal species.
Milk for manufacturing purposes
-Milk
						produced for processing and manufacturing into products for human consumption
						but not subject to requirements of milk for pasteurization.
Milk for pasteurization
-Milk which
						conforms with relevant provisions of this chapter and is used in the
						preparation of pasteurized milk and milk products.
Milk plant
or
plant
-A
						place or premise or establishment where milk is collected, separated,
						processed, stored, bottled, pasteurized, or prepared in any manner for sale as
						milk, milk products or manufactured dairy products.
Milk products
-Ice cream, ice cream mix,
						custard ice cream, french ice cream, frozen custard, and other similar frozen
						products, and all dairy products used in the manufacture thereof. The term
						includes those foods that are milk products under the Grade "A" PMO.
Misbranded
-As defined in section 5729 of
						the Food Safety Act (relating to misbranding of food).
Municipality
-Any city, borough, town or
						township in this Commonwealth.
NCIMS
-The National Conference of
						Interstate Milk Shippers.
Official laboratory
-A biological,
						chemical or physical laboratory which is under the direct supervision of the
						Department. The term includes a dairy laboratory controlled and operated by the
						Department, a dairy laboratory that performs dairy testing and analysis under
						contract with the Department and a dairy laboratory at which Department
						personnel perform dairy testing and analysis.
Pennsylvania-approved dairy laboratory
-
(i) A commercial or regulatory
					 laboratory approved and certified by the Department within the preceding 2
					 years to do official analyses of milk and milk products.
(ii) A milk industry laboratory approved and
					 certified by the Department within the preceding 2 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.
Pennsylvania-approved dairy laboratory
						director
-An individual who has satisfactorily demonstrated competency
						and the necessary experience to direct the analytical and administrative
						activities of a Pennsylvania-approved dairy laboratory in accordance with the
						methods and procedures adopted by the Department in §
												59a.5 (relating to standards for
						Pennsylvania-approved dairy laboratories, official laboratories and other
						laboratories; reports of results).
Permitholder
-A person holding a permit
						issued by the Department to sell milk, milk products or manufactured dairy
						products.
Person
-Includes singular and plural,
						masculine and feminine, and any individual, firm, copartnership, institution,
						association or corporation thereof.
Producer
-The persons who exercise
						control over the production of the milk delivered to a plant, and who receive
						payment for this product. A new producer is one who is initiating the shipment
						of milk from a farm.
Raw milk
-Milk that is not pasteurized
						and may be sold to consumers without further treatment or processing, provided
						that it conforms to Subchapter F (relating to raw milk for human
						consumption).
Secretary
-The Secretary of the
						Department, or an authorized representative.
Standard Methods for the Examination of Dairy
						Products
-The current edition of the
Standard Methods for the
						Examination of Dairy Products
, a publication of the American Public
						Health Association, 1015 Fifteenth Street, NW, Washington, D.C. 20005.
"
To sell
," "
for sale
"
						or "
sold
" and similar terms-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.
UHT
-Ultra-high temperature.
UHTST
-Ultra-high temperature short
						time.
USDA Recommended Requirements
-The most
						current revision of the
Milk for Manufacturing Purposes and its
						Production and Processing
-
Recommended Requirements
,
						as published by the United States Department of Agriculture, Agricultural
						Marketing Service, Dairy Programs.
Weigher/sampler
-A bulk milk pick-up
						driver or a milk plant person certified by the Department or the Pennsylvania
						Milk Marketing Board to take official samples of producers' milk for chemical,
						antibiotic, somatic cell and bacteriological analyses.