§ 4392. Exceptions; dispensing devices

(a) The provisions of section 4391 of this title shall not be construed to prevent or prohibit a person, firm, or corporation from purchasing milk in bulk for uses other than for serving patrons for drinking purposes, nor to prevent the sale or serving of cream, skimmed milk, or buttermilk from bulk, if the same is pure and wholesome and is sold and served as cream, skimmed milk, or buttermilk, nor shall it prevent or prohibit the sale of milk in mixed drinks at soda fountains, or from original bulk containers equipped with a dispensing device, provided the owner of such device has notified the Board and the Agency of Agriculture, Food and Markets of each device installed and its location, and has complied in all other respects with the rules and regulations of the Secretary of Agriculture, Food and Markets as provided in this subchapter.

(b) Milk or chocolate milk dispensed from any such device shall be homogenized and pasteurized and flavored skimmed milk shall be pasteurized. The words "chocolate milk," as used in this subsection, shall be construed to mean milk of a butterfat content of not less than 3.5 percent butterfat to which chocolate has been added and any flavored milk drink with a content of less than 3.5 percent butterfat shall be labeled "Flavored Drink" according to the flavor used. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 113 (Adj. Sess.), § 86.)