Section 143.44. Rejection of producer’s milk

(a) No handler under the act or person holding any license, permit or certificate issued by the Board shall return any milk to a producer or reject any milk of a producer for any cause except:

(1) Inferior quality of the milk.

(2) Noncompliance with the regulations of other governmental health or sanitation agencies.

(b) The return or rejection of the milk shall be supported by a signed statement to the producer setting forth the reasons for which the milk was returned or rejected. A copy of the statement shall be retained by the rejecting handler as a part of his permanent records.

(c) In the case of bulk tank pick-up, the signed statement shall be delivered to the producer in person at the time of rejection or, in the event neither the producer nor his representative is available at the time, it shall be posted in a conspicuous place in the milk house.

(d) In the case of can pick-up, the signed statement shall be delivered to the producer with the returned or rejected milk.

Notation

Cross References

This section cited in 7 Pa. Code § 143.31 (relating to written notice required).

Notes of Decisions

Due to the inferior quality of high bacteria milk, dealers may opt to return it to the producers. Eastern Milk Producers Cooperative Association v. Milk Marketing Board, 479 A.2d 29 (Pa. Cmwlth. 1984).