Section 57.28. Temporary marketing permit

(a) A dairy product to be sold in this Commonwealth shall conform with established definitions and standards of identity, except that a person holding a current milk or milk products permit, issued under the act of July 2, 1935 (P. L. 589, No. 210) (31 P. S. § § 645—660g), known as the Milk Sanitation Law, who wishes to process a dairy product for which a standard of identity has not been promulgated by the Secretary, may apply to the Secretary for a temporary permit to market the product.

(b) The application shall be on a form furnished by the Secretary and contain information as the Secretary may require. The permit shall be for a period not to exceed 1 year, although the temporary marketing may be extended for a period of up to 1 year by the Secretary if a new standard of identity has been introduced under section 7 of the act of August 8, 1961 (P. L. 975, No. 436) (31 P. S. § 520-7) known as the Milk Adulteration and Labeling Act.

(c) The Secretary may revoke a permit if the application contains misleading statements, or if the Secretary determines that unfair competitive advantage is gained through the issuance of the permit, or that the need no longer exists for a permit.

The provisions of this § 57.28 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24358).