Pennsylvania Dairy Foods Regulations

The Pennsylvania Department of Agriculture oversees dairy foods manufacturing to ensure safety and compliance with all state and federal regulations.

Updated: March 5, 2021

Photo credit: iStockPhoto.com/Silberkorn

Photo credit: iStockPhoto.com/Silberkorn

Some dairy food processing regulations are administered at the federal and some at the state level. It is the responsibility of each food processor to make themselves aware of, and meet, all the regulations that apply to their facility and product line. In Pennsylvania, the state-level regulations are the responsibility of the Pennsylvania Department of Agriculture (PDA) Milk Sanitation Program.

Finding the regulations that apply to dairy foods processors can be a little complicated on the main PDA website. All dairy food regulations are located in subsections under Consumer Protection, Food Safety. The Milk Sanitation Program issues permits for the manufacture and sale of dairy products, conducts inspections, reviews plans for new dairy plant construction, approves dairy food labels, assists manufacturers with operational and regulatory questions, and enforces regulations for all raw milk sellers and dairy processing plants.

The PDA regional milk inspector is the day-to-day contact for dairy processors, and should be the first point of contact for people with regulatory questions, as well as those looking to start a new dairy processing operation or make changes to an existing one. The Commonwealth of Pennsylvania is divided into 7 agricultural regions, and your local sanitarian can be found by contacting your regional office, the milk specialists listed on the Milk Sanitation Program website, or by calling the PDA main number at 717-787-4315.

Dairy Food Regulations

The Milk Sanitation Program website contains pertinent forms, publications and a library of resources for dairy processors. One of the most important forms that can be downloaded from the website is the Application for Permit to Sell Milk and Milk Products. The publications and resource library contains information on labeling standards, general provisions for dairy products, and the Chapter 59a regulations.

Chapter 59a contains the basic regulatory framework for the Milk Sanitation Program that applies to all Pennsylvania dairy processors. Key provisions include permit requirements, farm and milk plant facility requirements and inspections, laboratory testing, and adoption of the Pasteurized Milk Ordinance (PMO) and FDA and USDA standards for manufacturing milk products. More specifically, Chapter 59a covers:

Chapter 59a was passed on May 21, 2011 and replaced Chapter 59 as the most current rule on Milk Sanitation. These regulations helped bring the Commonwealth's standards into alignment with other federal milk product standards, the current Grade ''A'' Pasteurized Milk Ordinance (Grade ''A'' PMO), and the current state-of-the-science.

Frozen Dessert Regulations

Manufacturers and retailers of frozen desserts must have a separate frozen dessert license and comply with the regulations in Chapter 39 of the Pennsylvania Code. Wholesale manufacturers must also comply with Chapter 59a, the regulations for dairy processors. These requirements are found in the Frozen Dessert section, under Retail Foods on the Food Safety page on the PDA website.

Chapter 39 is the primary guidance document for frozen dessert operations, including retail facilities. Chapter 39 has compositional standards for over 20 frozen desserts and includes label requirements, sanitation, facility requirements, and laboratory testing requirements for mix manufacturers, wholesalers of frozen products, retail operations, and mobile operations.

Laboratory Regulations

All dairy food processors must comply with testing regulations on raw milk and finished products as outlined in Chapter 59a. These services are supported by the Food Safety Laboratory division of PDA. Their website contains information on required compositional, microbial, and antibiotic testing for milk and dairy products, test procedures and laboratory certification, official data entry forms, and a list of contract laboratories. The site also contains the documents and forms associated with the PMO Appendix N testing program for antibiotic drug residues in milk.

The current lab director contact information is listed on the website, or can be reached through the main PDA office, 717-787-4315. Your regional milk inspector can also help to explain the laboratory requirements that apply to your facility and product line.