Current through Register Vol. 54, No. 44, November 2, 2024
Section 39.61 - Sampling and testing(a) The sampling and testing required in this section is the responsibility of the frozen dessert licensee.(b) Test samples shall be collected by an approved sampler. Sample collection shall be unannounced and shall be randomly scheduled by the laboratory.(c) Representative samples of each type of product shall be tested at least monthly. In case of new or seasonally produced frozen desserts, bacteriological tests shall be made at least weekly until three samples are analyzed, followed by monthly testing as applicable. Exemption from initial weekly testing of seasonally produced frozen desserts may be granted if reports of the last four analyses during the previous season are on file with the frozen dessert licensee for review by the Department, to determine conformity with § 39.66(1) (relating to penalty for violation of standards).(d) In the case of nonpermit holders, samples shall be collected from each barrel of each machine. In the case of new or seasonally produced frozen desserts, bacteriological tests shall be made at least weekly until three samples are analyzed, followed by monthly testing as applicable. Exemption from initial weekly testing of seasonally produced frozen desserts may be granted if the reports of the last four analyses during the previous season are on file with the frozen dessert licensee for review by the Department and the last four analyses during the previous season are in compliance with § 39.65 (relating to test standards).(e) For nonpermit holders with multi-barrel machines, an identification system approved by the Department shall be used to identify the barrels and machines and the individual products.The provisions of this §39.61 adopted March 25, 1970; amended June 29, 1984, effective 6/30/1984, 14 Pa.B. 2242; amended October 9, 1992, effective 10/10/1992, 22 Pa.B. 5019. This section cited at 7 Pa. Code § 39.63 (relating to monthly laboratory reports).