§ 59a.12. Permits.
(a) Permit required. A person may not sell milk, milk products or manufactured dairy products within this Commonwealth without having a current, valid permit from the Secretary, unless the person is exempt from this permit requirement under subsection (b). A separate permit shall be obtained for each milk plant, milk distributor, receiving station, transfer station, bulk tank unit and milk tank truck cleaning facility, and by every producer of raw milk in accordance with Subchapter F (relating to raw milk for human consumption). Additional permits or licenses may be required for milk haulers and weighers/samplers under regulations established and enforced by the Milk Marketing Board under Part VI (relating to Milk Marketing Board).
(b) Exceptions. The permit requirement of subsection (a) does not apply to the following:
(1) A person selling or delivering milk directly from a dairy farm to a milk plant.
(2) A dairy farm producing and selling milk for pasteurization or milk for manufacturing.
(3) A person selling milk, milk products or manufactured dairy products from a store, when the milk or milk products have been purchased from a person already in possession of a permit to sell milk or milk products.
(4) A hotel, restaurant, soda fountain, boarding house or other place where milk, milk products or manufactured dairy products are to be consumed on-premises, and have been purchased from a person already in possession of a permit to sell milk or milk products.
(5) A person producing and selling milk from a single cow, and exempted from the permit requirement in accordance with the act.
(c) Obtaining a permit. A person seeking a permit may obtain a permit application and additional information by contacting the Department as described in § 59a.3 (relating to contacting the Department). An entity that meets the requirements of § 59a.25 (relating to milk, milk products and manufactured dairy products from points outside this Commonwealth) will be issued a permit.
(d) Requirements for initial issuance of permit. Within 30 days of receiving a complete application for an initial permit, the Department will inspect the applicant’s operation to determine whether it is in compliance with the standards of the act and this chapter that would be applicable if the applicant received the permit applied for. These standards shall be met for the Department to issue the permit.
(e) Requirements for issuance of a successor permit. If an applicant seeks a permit that is to take effect upon the expiration of a predecessor permit, the Department will approve the permit application if the dairy operation and the milk, milk products or manufactured dairy products produced from that dairy operation meet the requirements of the act and this chapter.
(f) Duration of permit. A permit will be valid for no more than 1 year. Each permit will expire as of September 1 each year, unless revoked or suspended earlier by the Department.
(g) Ownership of milk permit. A permit is and remains the property of the Department—even when it is in the physical custody of the permitholder. If a milk permit is suspended or revoked, the person in possession of the milk permit shall immediately return or surrender that permit to the Department. In the case of a permit suspension, the Department will promptly return the permit to the permitholder at the end of the suspension period.
(h) Refusal, revocation or suspension of a permit.
(1) Authority. The Department may refuse, revoke or suspend a permit issued under the act or this section upon a finding that the applicant or permitholder has violated the act or this chapter.
(2) Notice and opportunity for a hearing. The Department will notify an applicant or permitholder of a proposed refusal, revocation or suspension of a permit by written notification, and will deliver it by personal service or certified mail. The notice will afford the recipient at least 5 days within which to request an administrative hearing on the proposed action. If no hearing is requested, the Department may enter its final order refusing, suspending or revoking the permit. If a hearing is requested, the Department will conduct the hearing within 30 days of receipt of the request.
(i) Reinstatement of a suspended permit. A person whose permit has been suspended by the Department may make written application to the Department for reinstatement of the permit. The permitholder shall coordinate with the Department to address and resolve the basis for the suspension.
(j) Reference to applicable provisions of the Grade ‘‘A’’ PMO. The provisions of the Grade ‘‘A’’ PMO, in particular section 3, regarding permits, apply to this section to the extent described in § 59a.11 (relating to adoption of Grade ‘‘A’’ PMO).
Cross References This section cited in 7 Pa. Code § 59a.102 (relating to milk permits).
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