7 Pa. Code § 59a.2

Current through Register Vol. 54, No. 44, November 2, 2024

Section 59a.2 - Definitions

(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.

(b)Additional terms used in this chapter and defined in the Grade "A" PMO. Any word or term used in this chapter and not otherwise defined in subsection (a) has the meaning ascribed to it in the Grade "A" PMO.

(c)Additional terms used in the Grade "A" PMO. Any applicable word or term used in the Grade "A" PMO has the meaning ascribed to it in the Grade "A" PMO, with the exception of the term "regulatory agency," which means the Department.

7 Pa. Code § 59a.2

This section cited in 7 Pa. Code § 59a.309 (relating to pasteurized, ultrapasteurized or aseptically processed and packaged products).