offered for sale if the milk is sold or offered for sale after
the best by date designated on the cap or nonglass container.
§ 5746. Monitoring by milk plants and department.
(a) Sampling and testing.--
(1) If a milk plant labels milk with a sell by date or a
best by date that is no later than 17 days beginning after
midnight on the day on which the milk was pasteurized, the
milk plant shall, at intervals of no greater than 12 months
and for the highest selling volume milk type and each type
and volume of container of that highest selling volume milk
type bearing that label information, sample and test in
accordance with the methodology specified in subsection (b).
(2) If a milk plant labels milk with a sell by date or a
best by date that is greater than 17 days beginning after
midnight on the day on which the milk was pasteurized and
that has been approved by the department in accordance with
section 5744 (relating to sell by date or best by date of
greater than 17 days from pasteurization), the milk plant
shall, at intervals of no longer than six months and for the
highest selling volume milk type and each type and volume of
container of that highest selling volume milk type bearing
that label information, sample and test in accordance with
the methodology specified in subsection (b).
(3) The department shall periodically sample containers
of pasteurized milk in the possession of the milk plant. The
sampling may occur at any time before the pasteurized milk is
delivered to a retail food facility or the customer.
(b) Methodology.--
(1) The samples described in subsection (a)(1) and (2)
shall be analyzed by a Pennsylvania-approved dairy
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