§ 59a.404. Requirements for the issuance of a raw milk permit.
(a) Preissuance inspection.
(1) New raw milk permits. Prior to issuing a raw milk permit, the Department will inspect the dairy farm that is the subject of a new raw milk permit application to determine whether the dairy farm is in compliance with the act and this chapter. The dairy farm must be in compliance with the applicable provisions of the act, the Food Safety Act and this chapter to be eligible for a raw milk permit.
(2) Successor raw milk permits. If a raw milk permitholder applies to the Department for a successor raw milk permit, the Department may issue the raw milk permit without conducting the dairy farm inspection described in paragraph (1).
(b) Confirmation of tuberculosis-free and brucellosis-free status.
(1) New raw milk permits. An applicant for a new raw milk permit shall provide the Department confirmation that the animal or herd from which the raw milk for human consumption is to be produced has been determined to be free from brucellosis and free from tuberculosis, in accordance with the process in § 59a.406 (relating to animal health). This confirmation shall be provided for the subject dairy farm to be eligible for a raw milk permit.
(2) Successor raw milk permits. An applicant for a successor raw milk permit shall, at intervals of no greater than 13 months, provide the Department confirmation that the animal or herd from which the raw milk for human consumption is to be produced has been determined to be free from brucellosis and tuberculosis by annual tests in accordance with the process in § 59a.406.
(c) General herd health.
(1) New raw milk permits. An applicant for a new raw milk permit shall have a licensed veterinarian examine the animal or herd and provide the Department a written report of this examination. The report must reflect that, upon physical examination, the subject animals are in apparent good health and free from evidence of communicable disease. This shall be done in accordance with § 59a.406.
(2) Successor raw milk permits. An applicant for a successor raw milk permit shall provide the Department a copy of a veterinary examination report as described in paragraph (1). The report must be dated within 1 year preceding the date of the application, and reflect that the herd is in general good health and free from communicable disease. The applicant shall continue to have this veterinary examination conducted on an annual basis, in accordance with § 59a.406.
(d) Confirmation of safe water supply.
(1) New raw milk permits. An applicant for a new raw milk permit shall have the dairy farm water supply tested and provide the Department with confirmation that the water is bacteriologically safe, in accordance with § 59a.407 (relating to regular testing of water supply). Water is bacteriologically safe if it meets the requirements in § 59a.405(8) (relating to sanitation) and § 59a.407. The requirement of a bacteriologically safe water supply is also applicable to recirculated cooling water if the dairy farm uses a recirculated cooling water system for milk cooling. Confirmation that the water supply is bacteriologically safe shall be provided for the subject dairy farm to be eligible for a raw milk permit. If the water supply is through a public or municipal water system, this testing requirement does not apply.
(2) Successor raw milk permits. An applicant for a successor raw milk permit shall provide the Department with a copy of a written laboratory report as described in paragraph (1). The report must be dated no earlier than 6 months preceding the date of the application, done in accordance with § 59a.407 and reflect that the dairy farm water supply is bacteriologically safe. Water is bacteriologically safe if it meets the requirements in § § 59a.405(8) and 59a.407.
(e) Sampling and testing.
(1) New raw milk permits. An applicant for a new raw milk permit shall demonstrate its ability to produce raw milk for human consumption through the following process:
(i) The applicant shall have an approved sampler draw three separate samples of commingled milk from the bulk tank. The samples shall be drawn at least 7 days apart, and be taken on an unannounced basis.
(ii) Each of these three samples described in subparagraph (i) shall be submitted to a Pennsylvania-approved dairy laboratory or the Department for analysis.
(iii) The analysis described in subparagraph (ii) will determine whether the sample meets the standards in § 59a.408 (relating to regular testing of raw milk for human consumption).
(iv) If any of the three analyzed samples described in subparagraph (iii) violates or exceeds a standard in § 59.408, the three-sample process shall repeat itself until three successive samples are in compliance with the referenced standards.
(v) If the first of the three required samples is tested as described in subparagraph (iii), and concludes that no pathogenic bacteria are present, the second and third samples need not be tested for the presence of pathogenic bacteria. If a sample test concludes that pathogenic bacteria are present, a raw milk permit will not be issued until two separate consecutive tests, from samples drawn at least 7 days apart, conclude that no pathogenic bacteria are present.
(2) Successor raw milk permits. An applicant for a successor raw milk permit shall demonstrate its ability to produce raw milk for human consumption through the regular sampling and testing process described in § 59.408.
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