Sec. 6.15. Variances


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  • (a) When the result of the test on a universal sample varies 0.5 percent or more milk fat from the last unquestioned test, the milk dealer shall notify the appropriate milk receiver to submit the next sample taken after such notification (such sample) to a licensed tester. Such licensed tester shall properly test such sample and, if the result of the test upon such sample is within 0.5 percent of the test in question, the result of the analysis upon the test in question and upon such sample shall each be used in the calculation of the average milk component content in a dairy farmer's milk for the appropriate 7- or 10-day period. If the result of the test upon such sample varies more than 0.5 percent from the test in question, only the results of the test closest to the result of the last previous unquestioned test shall be used when calculating the average milk component content in a dairy farmer's milk for the appropriate 7- or 10-day period.
    (b) Notwithstanding the provisions of subdivision (a) of this section, the tester shall not use the result of any test which is, based upon all the facts and circumstances, erroneous.