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Milk labeling bill on governor's desk

Processors could apply for waiver of 17-day rule

A bill allowing milk processors to apply for a waiver of a state regulation requiring milk to be labeled for sale within 17 days of pasteurization has been sent to Gov. Tom Wolf following state Senate approval.

Senate Bill 434 was approved June 22 after the House of Representatives approved it on June 16. The Pennsylvania State Grange has urged Wolf to sign the bill into law.

Processors are currently required to label milk for sale within 17 days of pasteurization. Pennsylvania is one of only three states that use similar “fixed code” dates for milk regulations, said Sen. Elder Vogel, R-47th, who sponsored the bill.

The legislation would allow milk processors to apply for Department of Agriculture approval to exceed the 17-day limitation by moving to a science-based “open code” format. The legislation establishes testing requirements and standards, including dairy laboratory criteria, bacterial testing of samples and continued periodic testing, which must be met for milk processors to receive department approval.

Vogel, who is chairman of the Senate Agriculture and Rural Affairs Committee, said the current regulation puts Pennsylvania-produced milk at a competitive disadvantage in retail sales.

“The current 17-day requirement is not realistic when it comes down to milk's actual shelf life. In addition, it makes it impossible for processors to bid to provide milk to those who want to sell through national food suppliers and wholesalers. Those suppliers typically require a longer “sell-by” date interval, which prevents Pennsylvania farmers from receiving these contracts. It is important that we level the playing field to enable our dairy farmers to compete in the marketplace,” Vogel said.

The new format would help alleviate consumer confusion over the “sell-by” date used on milk containers now, said William Thiele of the Thiele Dairy Farm in Cabot. He said properly refrigerated milk can last longer than 17 days.

“The sell-by date — many people think it's spoiled after that. The reality is, that's not the truth. It can last longer than that,” Thiele said.

Milk tanks, where milk goes after milking on dairy farms like the Thiele's, store milk at 35 to 36 degrees. A processor sends a milk truck to collect the milk from the tank for pasteurization.

“Pasteurization comes fairly quickly after we send it,” Thiele said.

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