reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.21 - Testing; notification of producer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A milk dealer buying or receiving milk
				  from a producer on the basis of, or with reference to, the amount or percentage
				  of components contained in the milk shall, within 5 days after the end of each
				  sampling period, test composite samples and within 2 days thereafter notify the
				  producer of the result of the test, stating the period of time during which
				  samples were taken.
(b) Notice to
				  the producer shall be in writing delivered to the producer or made available to
				  the producer electronically through Internet access, e-mail, automated
				  telephone dial-in or any other method approved by the Board.
(c) For the purposes of implementing the act
				  regarding "Composite Samples," it may be interpreted that "Fresh Samples" may
				  be used for the determination of component content for payment to producers,
				  providing that not less than two random representative fresh milk samples,
				  evenly spaced, shall be taken and tested in each 1/2 month period, or a total
				  of not less than four random representative fresh milk samples, and not less
				  than four butterfat tests in each calendar month.
The provisions of this §
												143.21 amended under section 307 of
						the Milk Marketing Law (31 P.S. §
													700j-307).
This section cited in 7 Pa. Code §
												143.14 (relating to monthly
						statement to producers).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.22 - Acceptable test methods

Current through Register Vol. 54, No. 28, July 13, 2024
For the purposes of implementing the act regarding tests as
					 to the amount or percentage of components contained in milk or cream, the term
					 "test" as used in the act shall include all component-testing methods
					 referenced in Chapter 144 (relating to electronic methods for testing milk for
					 fat content) and performed in accordance with the standards established by the
					 Association of Official Agricultural Chemists in that organization's current
					 edition of Official Methods of Analysis.
The provisions of this §
												143.22 amended under section 307 of
						the Milk Marketing Law (31 P.S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.23 - Quantity of sample

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least a
				  35 milliliter sample shall be taken under sanitary conditions from each lot of
				  milk for use by the plant or laboratory in all quality and composition
				  determinations.
(b) The samples
				  must be held, unless used for testing purposes the same day of pick-up, until
				  the next set of samples is collected.
The provisions of this §
												143.23 amended under section 307 of
						the Milk Marketing Law (31 P.S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.24 - Agitation before sampling

Current through Register Vol. 54, No. 28, July 13, 2024
Before any sample is taken from a farm bulk milk tank for
					 testing purposes, the milk shall be agitated for a minimum of 5 minutes, unless
					 a longer period of time is specified by the buyer of the milk or his agent or
					 the manufacturer of the bulk tank.
The provisions of this §
												143.24 amended under section 307 of
						the Milk Marketing Law (31 P.S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.25 - Calibration chart

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  calibration chart for a farm bulk milk tank shall be posted in the milk house
				  of the producer, and an exact reproduction of the chart shall be maintained as
				  part of the records of the dealer or the cooperative for their producer
				  members.
(b) The chart shall show
				  the name and address of the manufacturer, the serial number of the tank, the
				  serial number of the measuring rod together with the tank capacity, the name or
				  number of the producer and the date of calibration.
The provisions of this §
												143.25 amended under section 307 of
						the Milk Marketing Law (31 P. S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.26 - Temperature of samples

Current through Register Vol. 54, No. 28, July 13, 2024
Composite and fresh samples shall be maintained at a
					 temperature of between 0.0°C and 4.4°C. When daily additions to
					 composites are made, composite samples shall not be unrefrigerated for more
					 than 30 minutes.
The provisions of this §
												143.26 amended under section 307 of
						the Milk Marketing Law (31 P. S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.27 - Transportation of samples

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Milk
				  samples may be transported in bulk tank trucks provided the facilities for
				  transporting the samples maintain a temperature of between 0.0°C and
				  4.4°C at all times when samples are contained therein.
(b) The daily fresh samples shall be
				  transferred to the composite sample bottle or maintained at the dealer's plant
				  or designated sample storage location at a temperature between 0.0°C and
				  4.4°C for testing if fresh sampling method for payment is used.
The provisions of this §
												143.27 amended under section 307 of
						the Milk Marketing Law (31 P. S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.28 - Off-premises testing

Current through Register Vol. 54, No. 28, July 13, 2024
Composite and fresh samples may be tested off the premises
					 of the milk dealer by a recognized laboratory if the samples are transported at
					 a temperature of between 0.0°C and 4.4°C.
The provisions of this §
												143.28 amended under section 307 of
						the Milk Marketing Law (31 P. S. §
													700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TESTING › Section 143.29 - Weighing and sampling of direct load milk

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
The
				  following words and terms, when used in this section, have the following
				  meanings, unless the context clearly indicates otherwise:
Bulk milk tanker
or
tanker
-
(i) A mobile
				  bulk container used to transport milk or fluid milk products in bulk from a
				  dairy farm, or to or from a dairy processing plant which is designed to be
				  towed by a motor vehicle.
(ii) The
				  term includes equipment and accessories related to the mobile bulk
				  container.
Bureau
-The Bureau of Ride and Measurement
					 Standards, of the Department.
Department
-The Department of Agriculture
					 of the Commonwealth.
Direct load milk
-Producer milk that is
					 loaded directly from the farm milking parlor into a bulk milk tanker and is not
					 weighed or sampled, or both, by means of an onfarm bulk tank.
Milk Sanitation Division
-The Bureau of
					 Food Safety and Laboratory Services, Milk Sanitation Division, of the
					 Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TERMINATION OF DEALER-PRODUCER CONTRACT › Section 143.32 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												143.32 deleted under sections 301
						and 307 of the Milk Marketing Law (31 P.S. §
													§
													700j-301 and
						700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › TERMINATION OF DEALER-PRODUCER CONTRACT › Section 143.33 - Individual variations

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in §
										143.31 (relating to written notice
					 required) shall prohibit a contract or agreement providing for a longer period
					 of notice, or severing a relation between dealer and producer by mutual
					 agreement on shorter period of notice.
The provisions of this §
												143.33 amended under sections 301
						and 307 of the Milk Marketing Law (31 P.S. §
													§
													700j-301 and
						700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › MISCELLANEOUS PROVISIONS › Section 143.41 - Uniform milk production

Current through Register Vol. 54, No. 28, July 13, 2024
A dealer and his producers may establish a system of level
					 or uniform milk production in accordance with the requirements of the dealer,
					 and pursuant to the terms and conditions prescribed by the Board, if the milk
					 dealer first shall make a formal application to the Board and receive written
					 authorization to do so.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › MISCELLANEOUS PROVISIONS › Section 143.42 - Transportation deductions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) -
(1) When a dealer provides the service of
				  transporting the producer's milk from the producer's farm to a dealer's plant
				  of first receipt, the dealer may make reasonable deduction from the payment to
				  the producer for such service based upon the dealer's actual cost of
				  transportation, a record of which shall be kept by the dealer. Such deductions
				  shall not exceed 25¢ per hundredweight of milk transported.
(2) If a dealer is already deducting less
				  than 25¢ per hundredweight for such transportation service on the
				  effective date of this Chapter, he shall thereafter, not increase that
				  deduction, unless such increase is authorized under subsection (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › MISCELLANEOUS PROVISIONS › Section 143.43 - Distressed or surplus milk

Current through Register Vol. 54, No. 28, July 13, 2024
Fluid milk dealers may request an allowance on bulk sales
					 of surplus or distressed milk to other licenses solely engaged in the
					 manufacture of dairy products if the selling dealer obtains written
					 authorization in advance from the Board and provides the Board with information
					 required on detailed forms.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › MISCELLANEOUS PROVISIONS › Section 143.44 - Rejection of producer's milk

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
				  handler under the act or person holding any license, permit or certificate
				  issued by the Board shall return any milk to a producer or reject any milk of a
				  producer for any cause except:
(1) Inferior
				  quality of the milk.
(2)
				  Noncompliance with the regulations of other governmental health or sanitation
				  agencies.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › MISCELLANEOUS PROVISIONS › Section 143.45 - Deductions or assessments from producers

Current through Register Vol. 54, No. 28, July 13, 2024
Deductions of any kind from payments due a producer shall
					 be made only upon written authorization from a producer. A copy of the
					 authorization shall be retained by the milk dealer as part of his permanent
					 records.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 143 - TRANSACTIONS BETWEEN DEALERS AND PRODUCERS › MISCELLANEOUS PROVISIONS › Section 143.46 - Producer receipt for farm bulk milk

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pick-up of farm bulk milk shall be
				  supported by a bill of lading or similar document either by Board-approved
				  electronic media or paper document and containing the following information:
(1) Date of pick-up and time.
(2) Name or number of a producer.
(3) Pounds or gallons or similar metric
				  equivalent of milk.
(4) Milk
				  hauler's license number assigned by the Board.
(5) Signature, or electronic equivalent,
				  together with the certificate number of the weigher/sampler picking up the
				  milk.
(6) Temperature of the milk
				  at the time of pickup.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.1 - Electronic methods-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Reference methods used to determine the component content of milk for payment
				purposes shall be those recognized or approved and set forth in the latest
				edition of the SMEDP, by the AOAC in Official Methods of Analysis, published by
				the AOAC, Gaithersburg, Maryland, or by the USDA. Only electronic instruments
				capable of performance standards as referenced in §
									144.4 (relating to routine
				inspection and control) shall be used to test milk for payment purposes in this
				Commonwealth.
(b) A certified
				tester using an electronic testing instrument shall make available upon request
				to the Board a complete instrument operation and maintenance manual and further
				information as requested.
The provisions of this §
											144.1 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
This section cited in 7 Pa. Code §
											144.4 (relating to routine
					 inspection and control).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.1a - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
AOAC
-AOAC International.
Accuracy check
-A test made at the beginning
				  of each testing session and once per hour thereafter to determine the continued
				  accuracy of the electronic testing apparatus.
Calibration
-The adjustment of an electronic
				  instrument so that the results for a given payment component meet the
				  comparison criteria results of an AOAC, SMEDP or USDA approved reference
				  method.
Certified tester
-A Board certified
				  technician as provided in section 602 of the act (31 P. S. §
										700j-602).
Control milk
or
control
				  sample
-Samples produced by a commercial laboratory or by the USDA, or
				  its successor agency, used to do the following:
(i) Determine the calibration of an
				electronic instrument.
(ii) Set the
				calibration of an electronic instrument.
Electronic method
-A method for determining
				  the components in raw milk using an electronic testing instrument.
Milk component
or
component
-A unique compound within milk whose relative mass within the milk may be used
				  to determine the payment to producers. Component parts of milk include but are
				  not necessarily limited to the following:
(i) Butterfat.
(ii) Protein.
(iii) Lactose.
(iv) Solids nonfat.
(v) Other solids.
(vi) Total solids.
Reference method
-A standard method using
				  analytical chemistry or other approved techniques by which all other electronic
				  methods of testing milk are compared for determining the components in
				  milk.
Repeatability check
-A test run at the
				  beginning of each testing session to demonstrate the ability of a given
				  electronic testing instrument or piece of equipment to meet the requirements
				  for repeatability in §
									144.4(b)(2)
				  (relating to routine inspection and control).
SMEDP
-Standard Methods for the Examination
				  of Dairy Products published by the American Public Health Association,
				  Washington, D.C.
USDA
-The United States Department of
				  Agriculture.
The provisions of this §
											144.1a issued under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.2 - Certification and approval requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No person may use a method to test milk
				for component content for payment purposes unless the method has been approved
				by the Board, the SMEDP, the AOAC or the USDA or their successor
				organizations.
(b) No person may
				use or employ an electronic instrument or method to test milk for component
				content for payment purposes unless certified by the Board under section 602 of
				the act (31 P. S. §
										700j-602).
The provisions of this §
											144.2 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.3 - Laboratory facilities and supplies

Current through Register Vol. 54, No. 28, July 13, 2024
Laboratories and other facilities using an electronic
				  instrument or method to test milk for component content for payment purposes
				  shall have the following supplies and facilities available and in proper
				  working order:
(1) An electronic
				testing instrument capable of performance standards as referenced in §
									144.4 (relating to routine
				inspection and control), required accessories and reagents and an instruction
				manual for operation of the instrument.
(2) A thermostatically controlled water, or
				other manufacturer-prescribed medium, bath with recording thermometer having
				proper temperature distribution, set to maintain samples at the temperature
				specified by the manufacturer of the electronic testing instrument or other
				methods of obtaining the required temperature as specified by the instrument
				manufacturer.
The provisions of this §
											144.3 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.4 - Routine inspection and control

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preparation of control
				samples.
Control samples shall be prepared in accordance with the
				methods in §
									144.1 (relating to electronic
				methods-general).
(b)
Daily
				performance.
(1)
Accuracy
				check.
Each day before routine testing begins, at least once each hour
				during the course of the testing session, and when the testing session ends, at
				least one subsample of control milk shall be tested using the electronic
				instrument. The certified tester shall read the test to 0.01%. The result
				difference obtained by the reference method must be 0.05 or less than the known
				reference test sample result. If the difference of the samples exceeds 0.05,
				the certified tester shall discontinue operation of the instrument, determine
				the reason for the difference and correct the deficiencies before resuming
				operation.
(2)
Repeatability check.
Each day before routine testing begins,
				and generally within the first hour of the session, at least ten consecutive
				readings on a single well-mixed sample of milk that has not been homogenized
				shall be made and recorded as a permanent record. If more than ten consecutive
				readings are taken, the certified tester shall use the last ten results. The
				repeatability check is acceptable if the range of the ten readings is 0.04 or
				less.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.5 - Instrument calibration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Calculation of calibration results.
An instrument shall be
				considered to be calibrated properly when the average difference between the
				instrument results for butterfat and protein and the reference method results
				for at least ten different control samples, called mean average, is +/-0.04 and
				the standard deviation of the difference between the instrument and reference
				methods, called standard deviation, is 0.04 or less. For all solids the mean
				average is +/-0.09 and the standard deviation of the differences between the
				instrument and reference methods is 0.12 or less for those same ten
				samples.
(b)
Conditions
				requiring calibration.
(1) The
				instrument shall be calibrated when initially installed.
(2) The instrument shall be calibrated when
				the accuracy check is confirmed to have failed.
(3) The instrument shall be calibrated if a
				part which may affect proper operation of the instrument is replaced, rebuilt
				or adjusted.
(4) The instrument
				shall be calibrated upon the occurrence of the specific circumstances which
				require calibration for that instrument, as determined by the
				manufacturer.
(5) The instrument
				shall be calibrated when new controls are available.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.6 - Required records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				certified tester and testing facility or laboratory shall maintain the records
				listed in this section for at least 2 years. Records may be maintained in paper
				or electronic formats. Records must denote the record date. The name and
				license number of the certified tester who created or maintained the records
				must be included in the records or be readily available upon request.
(b) Records of calibrations, accuracy checks,
				mean average and standard deviation computations and other instrument use are
				required.
(c) Records of the
				operation and maintenance of each electronic testing instrument and records of
				test results by electronic method are required.
(d) Certified testers shall record standard
				deviation of the calibration verification as follows:
(1) The results of individual samples by
				reference method (average only for reference method) and electronic
				method.
(2) The date of
				computation, name and license number of certified tester.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.7 - Summary record required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				certified tester and the testing facility or laboratory shall compile summary
				records of component tests performed for producers for the first and second
				half of each month containing results for at least two evenly spaced
				representative samples in each half month for each producer. The record must
				contain the farm sampling date, the laboratory testing date, the laboratory or
				testing site, the tester identification, the producer identification and the
				test result for each sample. The record shall be known as the original record
				or laboratory record and shall be maintained by the tester for at least 2
				years. If the tests are performed by a milk dealer licensed by the Board, the
				milk dealer shall maintain the records of the component content of producers'
				milk samples for at least 2 years.
(b) If tests are performed in a commercial
				laboratory which is not an integral part of the milk plant where the samples
				were delivered, the licensed dealer or plant shall make available to the Board
				a copy of the final laboratory records of the component tests in computerized
				or written form for at least 2 years.
The provisions of this §
											144.7 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.8 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
											144.8 reserved under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.9 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
											144.9 reserved under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.10 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
											144.10 reserved under section 307
					 of the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.11 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
											144.11 reserved under section 307
					 of the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.12 - Credit producers with actual component test

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No individual producers delivering milk
				or cream, or both, to a milk or cream-receiving or purchasing plant, where the
				milk or cream is purchased on the basis of the milk components contained
				therein, may be credited with a greater or lesser percentage or average
				percentage of milk components than is actually contained in the milk or cream
				delivered.
(b) No report on a test
				to determine the milk component content of milk or cream may be of a greater or
				lesser percentage of milk components than is actually contained in the milk or
				cream from which the sample was taken. To be a basis of payment to an
				individual producer, a recheck of a producer's milk component test shall be
				made from the next available sample taken after the original test. Rechecks of
				a producer's milk component test shall be made when the butterfat varies 0.5%
				or more or the protein varies 0.3% or more from the most recent test.
The provisions of this §
											144.12 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.13 - Availability of records

Current through Register Vol. 54, No. 28, July 13, 2024
Laboratory, cooperative or plant records shall be open to
				  examination by the Board or its authorized representative. Upon request of a
				  producer, the purchaser or receiver of milk or cream, or both, shall permit the
				  producer to examine the part of the record containing information concerning
				  the samples of milk or cream representing the milk or cream delivered by the
				  producer. A purchaser or receiver of milk or cream from the producer thereof
				  shall, on written request, at least once each month mail or deliver to the
				  producer a written statement, unless the producer agrees to accept a verbal
				  statement, of the percentage of milk components found to have been contained in
				  the sample or samples representing the milk or cream delivered by the
				  producer.
The provisions of this §
											144.13 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 144 - ELECTRONIC METHODS FOR TESTING MILK FOR FAT AND COMPONENT CONTENT › Section 144.14 - Responsibility for violations

Current through Register Vol. 54, No. 28, July 13, 2024
A certified tester at a laboratory or plant is responsible
				  for a violation of the act or this chapter, including the keeping of the
				  reports and records required under the act and this chapter. The purchaser or
				  receiver, or both, of the milk or cream, or both, or the licensed manager of a
				  milk-gathering station, manufactory or plant receiving or purchasing milk or
				  cream from producers for sale or resale or for manufacture, where the payment
				  or settlement for the milk or cream is based in whole or in part on the milk
				  component content thereof, is responsible for a violation of the act or this
				  chapter by a person working under his direction or subject to his orders or the
				  act or this chapter, including the keeping of the reports and records required
				  by the act and this chapter.
The provisions of this §
											144.14 amended under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.1 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dealers and
				  subdealers purchasing refrigeration equipment directly for use by, or sale to,
				  or lease or rental to their wholesale customers are governed by this
				  chapter.
(b) Dealers and subdealers
				  providing refrigeration equipment to their wholesale customers in conjunction
				  with, or through, or in coordination with, a third party refrigeration
				  equipment manufacturer or supplier are deemed to be supplying the refrigeration
				  equipment directly and are governed by this chapter.
(c) A manufacturer or seller of refrigeration
				  equipment may not sell, deliver, arrange for delivery, or in any way handle, as
				  defined by the act, milk within this Commonwealth without a dealer or subdealer
				  license.
(d) This chapter does not
				  apply to transactions between grocery wholesalers and their subsidiaries,
				  affiliates, franchisees or wholesale customers to the extent the transactions
				  occur in the normal course of the grocery wholesaler's business and are only
				  incidentally related to acquisition or retention of the fluid milk business of
				  the subsidiary, affiliate, franchisee or wholesale customer.
This section cited in 7 Pa. Code §
												147.12 (relating to contracts for
						sale or lease of refrigeration
						equipment).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.2 - Gifts of refrigeration equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dealer or subdealer may not give or
				  lend refrigeration equipment or milk or cream dispensers of any type to
				  customers for storing or dispensing milk or cream.
(b) Nothing in subsection (a) prohibits a
				  dealer or subdealer from selling or leasing any of the described equipment to a
				  wholesale customer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.3 - Leasing agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Whenever a dealer or subdealer leases refrigeration equipment, or milk or cream
				  dispensers or similar facilities to a wholesale customer, the lease agreement
				  must be reduced to writing and provide for a payment of at least the minimum
				  price established by the Board plus an additional charge of at least $0.0025
				  per quart equivalent for every unit of controlled products sold to that
				  wholesale customer at the site at which the equipment is used.
(b) The agreement must contain a complete
				  description of the equipment with respect to type, style, model and serial
				  number, manufacturer and year of manufacture.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.4 - Sale of equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Whenever refrigeration equipment, or milk or cream dispensers, or similar
				  facilities are sold to stores or other wholesale customers, the agreement of
				  sale must be reduced to writing and contain the following:
(1) A complete description of the equipment
				  with respect to type, style, model and serial number, manufacturer and year of
				  manufacture.
(2) An itemized record
				  of the actual cost of new equipment to the dealer, or the value of used
				  equipment as determined in accordance with subsection (c), at the time it was
				  placed at the customer's location, including handling, installation, freight,
				  tax if applicable and interest.
(3)
				  A provision that title to the refrigeration equipment, or milk or cream
				  dispensers, or similar facilities does not pass until the last payment has been
				  made under the agreement.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.5 - Exceptions for certain schools regarding refrigeration equipment

Current through Register Vol. 54, No. 28, July 13, 2024
Dealers or subdealers installing refrigeration equipment,
					 including milk vending machines, dispensers and milkshake dispensers in schools
					 which are approved for the school milk program and which are eligible for
					 reimbursement, in whole or in part, for the amortization of the equipment need
					 not execute and submit to the Board a formal lease or contract of sale if the
					 dealer submits to the Board a sworn statement setting forth the type, style,
					 model and serial number, manufacturer, year of manufacture, cost of the
					 equipment to the dealer plus handling, installation, tax and freight charges,
					 and date of installation, together with the method of
					 amortization.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.6 - Maintenance of equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Maintenance of equipment when it is leased to the customer may be the
				  responsibility of the lessor. When maintenance is performed by the lessee, no
				  charge may be made to the lessor dealer for maintenance.
(b) Maintenance of equipment, whenever it is
				  sold either by lump sum payment or on a time payment sales basis, shall be the
				  responsibility of the purchaser.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.7 - Identification of ownership of equipment

Current through Register Vol. 54, No. 28, July 13, 2024
Dealers or subdealers leasing equipment to customers shall
					 identify the equipment as the property of the dealer by painting, decal or
					 metal plate affixed to the equipment. Identification shall be placed on all
					 equipment in place by October 6, 2008. New identifications shall be so
					 identified not later than 15 days after installation. Dealers or subdealers
					 shall replace mutilated or missing identification within 15 days after either
					 observing the requirement or being notified by the Board of the
					 requirement.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.8 - Unfair pricing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sale of
				  equipment by a dealer or subdealer to a wholesale customer at a price less than
				  the brand or retail list price or fair market value of the equipment when there
				  is no list price, is prohibited.
(b) When purchasing any equipment or property
				  from a wholesale customer or prospective wholesale customer, a dealer or
				  subdealer may not pay the customer a price in excess of the fair market value
				  of the equipment or property at the time for the transfer to the milk
				  dealer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › REFRIGERATION EQUIPMENT › Section 146.9 - Financing

Current through Register Vol. 54, No. 28, July 13, 2024
Milk dealers and their affiliates, subsidiaries or
					 representatives thereof may not provide financial accommodations for a
					 wholesale customer by lending money to the customer, or by paying or
					 guaranteeing the payment of any obligation of the customer, or by acting as a
					 cosigner on a promissory note or other obligation of the customer, or by
					 depositing money or collateral with a third party, person or organization which
					 will lend money or extend credit to the customer. This section does not apply
					 to transactions between grocery wholesalers and their subsidiaries, affiliates,
					 franchisees or wholesale customers to the extent the transactions occur in the
					 normal course of the grocery wholesaler's business and are only incidentally
					 related to acquisition or retention of the fluid milk business of the
					 subsidiary, affiliate, franchisee or wholesale customer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › DEALER INDUCEMENTS › Section 146.21 - Giveaways

Current through Register Vol. 54, No. 28, July 13, 2024
Milk dealers and their affiliates, subsidiaries or
					 representatives thereof may not give or lend any milk, milk products, money,
					 article, prize, award or any other item to a customer or a prospective
					 customer, as an inducement for the purpose of soliciting or securing business.
					 This section does not apply to transactions between grocery wholesalers and
					 their subsidiaries, affiliates, franchisees or wholesale customers to the
					 extent the transactions occur in the normal course of the grocery wholesaler's
					 business and are only incidentally related to acquisition or retention of the
					 fluid milk business of the subsidiary, affiliate, franchisee or wholesale
					 customer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › DEALER INDUCEMENTS › Section 146.22 - Sampling prospective retail customers and established retail customers

Current through Register Vol. 54, No. 28, July 13, 2024
The practice of providing free samples to prospective
					 retail customers or to established retail customers may not be permitted. This
					 section does not apply to on-the-premises consumption in stores or
					 restaurants.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › DEALER INDUCEMENTS › Section 146.23 - Gifts to established retail customers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dealers may distribute to any of their
				  established retail customers, but not to prospective retail customers, free of
				  charge, in any one calendar year, any gift including milk, milk products, or
				  other item, if the cost to the dealer of the gift does not exceed the sum of
				  60¢.
(1) Dealers may provide utilitarian
				  gifts to any of their established retail customers who have purchased milk for
				  at least 60 days prior to the birth of a child.
(2) The cost to the dealer of the gift may
				  not exceed $2.
(3) The gift must
				  have particular and exclusive relationship to the care of newborn
				  children.
(4) A dealer is limited
				  to one gift for each child.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › DEALER INDUCEMENTS › Section 146.24 - Samples or gifts to wholesale customers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Samples of a product may not be given to
				  a wholesale customer or prospective wholesale customer by or on behalf of a
				  milk dealer.
(b) Gifts of any value
				  may not be given by a dealer to a wholesale customer or to a purchasing agent,
				  contracting officer or other person or organization whose position, rank or
				  other means of influence, enables him to select or to influence the selection
				  of milk vendors.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 146 - TRANSACTIONS BETWEEN DEALERS AND CUSTOMERS › DEALER INDUCEMENTS › Section 146.25 - Extension of credit to wholesale customers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Extension of credit to a wholesale
				  customer, excluding a hospital, school or government agency, beyond 30 days
				  from the date of invoice is prohibited.
(1)
				  The invoice from dealers to customers must be rendered at least
				  monthly.
(2) If a customer fails to
				  pay an invoice within 30 days, the dealer shall place that customer on a cash
				  basis.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.1 - Sales invoice

Current through Register Vol. 54, No. 28, July 13, 2024
All wholesale sales of milk, dairy products, or other
				  products shall be accompanied by a sales invoice which shall be retained by the
				  buyer for a period of 3 months, and which shall contain the following
				  information:
(1) Date of
				sale.
(2) Name and address of
				seller and buyer.
(3) Quantity of
				milk, dairy product, or other product delivered detailed as to size, type, any
				number of containers of each product, together with the unit price and total
				amount.
(4) The statement "By order
				of the Pennsylvannia Milk Marketing Board, the buyer shall retain this invoice
				for a period of three months subsequent to the date shown on this
				invoice."
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.2 - Retention of wholesale delivery slips

Current through Register Vol. 54, No. 28, July 13, 2024
Dealers shall retain for two years copies of delivery slips,
				  or equivalent records, of all sales and deliveries to wholesale customers,
				  whether such sales are cash, credit, route, or general office accounts. Such
				  records shall clearly show the number of units and the total value of each item
				  sold.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.3 - Driver's daily load, return and settlement sheets

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 701 of the act (31 P. S. §
										§
										700j-701) requires that dealers retain
				copies of daily load, return and settlement sheets for each driver for two
				years.
(b) The cash receipts of
				each driver shall be shown on his settlement sheet, and where combined or
				summarized into one entry and not supported by route books or other detailed
				records, the dealers shall support the cash receipts with a copy of the receipt
				left with each customer which shall be detailed as to date, name and address of
				customer, amount received and the purpose of payment.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.4 - Bill of lading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All sales
				of bulk milk between dealers or handlers, whether the transaction is intrastate
				or interstate, shall be accompanied by a bill of lading or a similar document,
				a copy of which shall be kept on file by the selling dealer and the hauler for
				a period of 2 years. The document shall contain the following information:
(1) Date of transaction.
(2) Pounds or gallons and test of milk
				included in shipment.
(3) Name and
				address of person or company performing the hauling.
(4) Milk Hauler's Board license number
				assigned by Board.
(5) Name and
				address of buying dealer. (If buyer is not known, that fact shall be
				stated.)
(6) Ultimate destination
				of milk (delivery point).
(7) Point
				of origin and name of selling dealer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.5 - Control accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Dealers shall maintain in their general ledgers, or equivalent books of record,
				separate control accounts covering the following items:
(1) Accounts receivable arising from sale of
				merchandise.
(2) Amounts due a
				dealer for loans, advances, notes and equipment.
(3) Payments made to customers for any
				purpose.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.6 - Cash received account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
				isolated or incidental sales, whenever cash-receipts entries are combined or
				summarized into one entry in the cash receipts journal or other records and are
				not supported by the drivers' daily load, return and settlement sheets, the
				detail of these entries showing the date, the name of the payor, and the amount
				received, shall be kept by the dealer in chronological order for 2 years as
				part of his records as support of the summary entries.
(b) Cash income derived from incidental sales
				of milk, milk products, and other products normally sold and distributed by
				dealers off routes or at the plant of the dealer, or any other type of
				incidental sale, shall be recorded in such a manner so as to clearly indicate
				the source of any income thus derived.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.7 - Cash disbursements account

Current through Register Vol. 54, No. 28, July 13, 2024
Cash payments and checks drawn by dealers to the order of
				  cash or to any person, corporation or association shall be explained on the
				  books and records of the dealer. Explanations shall include the purpose for
				  which the expenditure was made and the name and address of the person
				  ultimately receiving the proceeds, together with the amount and basis for
				  arriving at the amount.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 147 - RECORDS AND REPORTS › Section 147.8 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
											147.8 issued under section 307 of
					 the Milk Marketing Law (31 P. S. §
												700j-307).