Frozen dessert licensees and those exempt from licensing shall be liable for punitive action under section 10 of The Frozen Dessert Law (31 P. S. § 417-10) for the following reasons:

1. (1) If the standard for the same flavor of the same type product is exceeded by three out of the last five bacteria counts or coliform determinations.
2. (2) In the case of nonpermit holders, if the standard for the same barrel of the same machine is exceeded by three out of the last five bacteria counts or coliform determinations.
3. (3) If The Frozen Dessert Law (31 P. S. § § 417-1—417-14) or this chapter are violated.

Source

The provisions of this § 39.66 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5019. Immediately preceding text appears at serial page (89873).

Cross References

This section cited in 7 Pa. Code § 39.61 (relating to sampling and examination).