31 Pa. Stat. § 646

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 646 - Permit; application; reimbursement of inspection expenses; reciprocal agreements

Except as hereinafter provided, no person shall sell milk, milk products or manufactured dairy products within this Commonwealth without first having obtained a permit from the "secretary," nor otherwise than in accordance with the requirements of this act. Each person desiring a permit to sell milk, milk products or manufactured dairy products shall annually make an application therefor on a form to be secured from the "secretary." Such application shall set forth--

(a) The name and address of the applicant.
(b) The designations of the milk or milk products to be offered for sale.
(c) The name of the municipality or municipalities in which the applicant desires to sell milk or milk products.
(d) An accurate record of each milk plant owned or operated by the applicant for a permit.
(e) Such other information as may be required by the "secretary."

Permits shall be issued only to persons, whose entire milk supply, the farms, where it is produced and the milk plants in which the milk or milk products is handled, have been approved by the secretary, and in any case in which, in his discretion, he shall deem such action necessary for approval, inspected by the secretary. Every permit shall expire annually.

This section shall not apply to a person selling or delivering milk directly from a dairy farm to a milk plant.

Unless the "secretary" shall require a permit, this section shall not apply to a person selling milk or milk products from a store, when such milk or milk products are purchased from a person already in lawful possession of a permit to sell milk or milk products.

This section shall not apply to hotels, restaurants, soda fountains, boarding houses, or other places where milk or milk products is served, when such milk or milk products is to be consumed on the premises thereof, and is purchased from one already in lawful possession of a permit to sell milk or milk products.

The "secretary" may, in his discretion, exempt a person selling milk from not more than one cow from such requirements of this act, as he may deem in each instance to be unnecessary for the protection of the public health.

When the Secretary of Agriculture inspects a plant beyond the boundary of the Commonwealth, the secretary may require such plant to reimburse the department for all necessary and reasonable expenses incurred in making the inspection, which shall be retained by the department for its use in making such inspections.

The secretary is authorized to effectuate and enter into reciprocal agreements with other states, commonwealths or jurisdictions as will insure inhabitants of this Commonwealth milk and milk products complying with the requirements herein enacted or promulgated in rules and regulations hereunder through reciprocal inspection and labeling agreements and in aid of such agreements may approve or accept inspection and labeling requirement of other commonwealths, states and jurisdictions with respect to milk and milk products.

31 P.S. § 646

1935, July 2, P.L. 589, § 2. Amended 1959, Oct. 13, P.L. 1301, § 2; 1972, June 15, P.L. 416, No. 120, § 1, imd. effective; 1982, June 19, P.L. 558, No. 163, § 2, effective in 60 days.