Pennsylvania § 5743 - Label requirement.

§ 5743. Label requirement.

(a) General rule.--The cap or nonglass container of pasteurized milk held in retail food facilities for resale shall be conspicuously and legibly marked in a contrasting color with a sell-by date or a best-by date.

(b) Sell-by date.--A sell-by date shall consist of:

(1) a designation of the month and the day of the month after which the product may not be sold or offered for sale, whether expressed in standard fashion (such as "August 15"), numerically (such as "8-15") or with the use of an abbreviation (such as "Aug. 15" or "AU 15"); and

(2) either:

(i) the words "Sell by" or "Not to be sold after" preceding that designation and appearing legibly on the cap or nonglass container; or

(ii) the statement "Not to be sold after the date stamped above" following that designation and appearing legibly on the cap or nonglass container.

(c) Best-by date.--A best-by date shall consist of:

(1) a designation of the month and the day of the month in a format as provided in subsection (b) established by the milk plant as a product quality guideline; and

(2) the words "Best by," "Best if consumed by" or "Best if used by" preceding the designation and appearing legibly on the cap or nonglass container.

(d) Prominence of sell-by date or best-by date on label.--The sell-by date or best-by date shall be separate and distinct from any other number, letter or intervening material on the cap or nonglass container.

(e) Limitation.--A sell-by date or a best-by date may not exceed 17 days beginning after midnight on the day on which the milk was pasteurized, unless the department approves a longer interval in accordance with the procedure described in section 5744 (relating to sell-by date or best-by date of greater than 17 days from pasteurization).

(f) Exempt pasteurized milk and required lot number or manufacturing date code information for pasteurized milk.--The following types of pasteurized milk are exempt from the requirements of this subchapter, provided that the cap or nonglass container contains a lot number or manufacturing date code that is acceptable to the department and can be used for product traceability in the marketplace:

(1) Ultrapasteurized milk.

(2) Cultured milk.

(3) Aseptically processed milk.

(4) Milk that has undergone higher heat shorter time pasteurization.

(5) Milk sold or offered for retail sale on the same premises at which it was processed.

Cross References. Section 5743 is referred to in section 5744 of this title.