Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart B - Liquid Foods › Chapter 59a - MILK SANITATION › Subchapter F - RAW MILK FOR HUMAN CONSUMPTION › Section 59a.413 - Enforcement: Suspension or revocation of a raw milk permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The Department
					 may take action to suspend or revoke a raw milk permit if a permitholder does
					 not comply with the act or this chapter.
(b)
Procedure.
(1) The act requires that the Department
					 provide a raw milk permitholder with at least 5 days advance written notice of
					 a raw milk permit revocation or suspension. This written notice will be sent by
					 certified mail. The Department may supplement the notice by providing the
					 permitholder the written notice by personal service or other means. The written
					 notice must specify the procedure by which the permitholder may request an
					 administrative hearing and the 5-day window within which a written request for
					 an administrative hearing shall be submitted to the Department.
(2) If the basis for a proposed raw milk
					 permit suspension or revocation is that pathogenic bacteria have been detected
					 in the raw milk, or foreign substances are present in the raw milk, or any
					 condition exists when consumption of raw milk produced and sold prior to
					 revocation or suspension of the raw milk permit may pose a threat to the health
					 or safety of those persons who consume it, the Department will immediately
					 notify the raw milk permitholder and request that it voluntarily cease all
					 sales of raw milk-without regard to whether the raw milk permitholder has
					 received the 5 days advance written notice required under the act. The
					 requirements of this paragraph do not alter the obligation of a raw milk
					 permitholder to cease sales of raw milk for human consumption if required under
					 §
												59a.409 (relating to violations of
					 raw milk testing standards).
(i) If a raw
					 milk permitholder complies with a request that it voluntarily cease raw milk
					 sales, the Department will consider this cooperation a mitigating factor as it
					 determines any penalty or sanction relating to the violation.
(ii) If a raw milk permitholder does not
					 choose to comply with a request that it voluntarily cease raw milk sales, the
					 Department will do the following:
(A) Apprise
					 the Department of Health and any local health department having jurisdiction of
					 the situation, and recommend these entities take lawful action to ensure that
					 sales of raw milk cease.
(B)
					 Consult with the Office of Attorney General regarding whether it should
					 institute legal action to obtain an injunction to prohibit the raw milk
					 sales.
(C) Arrange for an
					 administrative hearing before a hearing examiner, if the raw milk permitholder
					 has been afforded written notice and opportunity for a hearing on the proposed
					 suspension or revocation and requests a hearing on the proposed permit
					 suspension or revocation.
(D) Issue
					 a final adjudication, ordering the suspension or revocation, if the raw milk
					 permitholder does not request a hearing on the proposed permit suspension or
					 revocation.
(E) Recommend to the
					 raw milk permitholder that it inform its customers that it has been asked by
					 the Department to voluntarily cease raw milk sales and provide these customers
					 the basis for the Department's request.