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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 217MILK AND DAIRY
SUBCHAPTER AGRADE SPECIFICATIONS AND REQUIREMENTS FOR MILK
RULE §217.1Definitions

  (38) Grade A retail raw milk products--Milk products that are manufactured under the provisions of Subchapter B of this chapter, and are offered for sale to the public without benefit of pasteurization. These products include: cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, skim milk, low fat milk, eggnog, buttermilk, cultured milk, cultured low fat milk, cultured skim milk, yogurt, low fat yogurt, and nonfat yogurt.

  (39) Half-and-half--The food consisting of a mixture of milk and cream which contains not less than 10.5% but less than 18% milkfat. Half-and-half is further defined in Title 21, CFR, §131.180.

  (40) Heavy cream or heavy whipping cream--Cream which contains not less than 36% milkfat and as further defined in Title 21, CFR, §131.150.

  (41) Hermetically sealed container--A container that is designed and intended to be secure against the entry of microorganisms and thereby maintain the commercial sterility of its contents after processing.

  (42) Homogenized--The term "homogenized" means that milk or a milk product has been treated to insure breakup of the fat globules to such an extent that, after 48 hours of quiescent storage at 4.4 degrees Celsius (40 degrees Fahrenheit), no visible cream separation occurs on the milk; and the fat percentage of the top 100 milliliters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than 10% from the fat percentage of the remaining milk as determined after thorough mixing.

  (43) Ice cream and frozen custard--The foods defined in Title 21, CFR, §135.110(a) - (f).

  (44) Light cream--Cream which contains not less than 18% but less than 30% milkfat, and as further defined in Title 21, CFR, §131.155.

  (45) Light whipping cream--Cream which contains not less than 30% but less than 36% milkfat, and as further defined in Title 21, CFR, §131.157.

  (46) Lorine--The food prepared from the same ingredients and in the same manner prescribed for mellorine and complies with all the provisions for mellorine except that:

    (A) its content of fat is at least 2% but less than 6%;

    (B) its content of milk solids not fat is not less than 10%;

    (C) caseinates may be added when the content of total milk solids is not less than 10%;

    (D) the provision for reduction in fat and milk solids not fat from the addition of bulky ingredients in mellorine does not apply;

    (E) the quantity of food solids per gallon is not less than 1.2 pounds; and

    (F) the name of the food is "Lorine."

  (47) Low fat yogurt--The food produced by culturing cream, milk, partially skimmed milk, or skim milk, used alone or in combination with a characterizing bacterial culture that contains the lactic acid-producing bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. Low fat yogurt is further defined in Title 21, CFR, §131.203.

  (48) Mellorine--The food defined in Title 21, CFR, §135.130(a) - (d).

  (49) Milk--The lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, sheep, goats, water buffaloes or other hooved animals, and as further defined in Title 21, CFR, §131.110.

  (50) Milk distributors--Any person who offers for sale or sells to another person any milk or milk products.

  (51) Milk hauler--Any person who transports raw milk and/or raw milk products to or from a milk plant, receiving station, or transfer station.

  (52) Milk plant--Any place, premises or establishment where milk or milk products are collected, handled, processed, dried, stored, pasteurized, ultra-pasteurized aseptically processed, bottled, or prepared for distribution. This term also means a processing plant, manufacturing plant, or bottling plant in these sections.

  (53) Milk producer--Any person who operates a dairy farm and provides, sells or offers milk for sale to a milk plant, receiving station, or transfer station.

  (54) Milk products--

    (A) Milk products include cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated (condensed) milk, concentrated (condensed) milk products, reduced fat milk, nonfat (skim) milk, low fat milk, frozen milk concentrate, eggnog, buttermilk, cultured milk, cultured low fat milk, cultured nonfat (skim) milk, yogurt, low fat yogurt, nonfat yogurt, acidified milk, acidified low fat milk, acidified nonfat (skim) milk, low-sodium milk, low-sodium low fat milk, low-sodium nonfat (skim) milk, lactose-reduced milk, lactose-reduced low fat milk, lactose-reduced nonfat (skim) milk, aseptically processed and packaged milk and milk products as defined in this section, milk, low fat milk, or nonfat (skim) milk with added safe and suitable microbial organisms, and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification of milk products defined herein.

    (B) Milk products also include those dairy foods made by modifying the federally standardized products listed in this section in accordance with Title 21, CFR, §130.10, Requirements for foods named by use of nutrient content claim and standardized term.

    (C) This definition shall include those milk and milk products, as defined herein, which have been aseptically processed and then packaged.

    (D) Milk and milk products which have been retort processed after packaging or which have been concentrated, condensed, or dried are included in this definition only if they are used as an ingredient to produce any milk or milk product defined herein, or if they are labeled as Grade A.

    (E) This definition is not intended to include dietary products (except as defined herein), infant formula, ice cream or other desserts, butter, or cheese.

  (55) Milk for manufacturing purposes--Milk and milk products for human consumption, but not subject to Grade A requirements.

  (56) Milk tank truck--The term used to describe both a bulk milk pickup tanker and a milk transport tank.

  (57) Milk tank truck driver--A milk tank truck driver is any person who transports raw or pasteurized milk products to or from a milk plant, receiving station, or transfer station. Any transportation of a direct farm pickup requires the milk tank truck driver to have responsibility for accompanying official samples.

  (58) Milk transport tank or tanker--A vehicle, including the truck and tank, used by a milk hauler to transport bulk shipments of milk from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station.

  (59) Misbranded milk and milk products--Milk and milk products are misbranded if:

    (A) its container(s) bear or are accompanied by any false or misleading written, printed, or graphic matter;

    (B) milk does not conform to the definitions as contained in these rules;

    (C) milk is not labeled in accordance with §217.25 of this title (relating to Labeling) for Grade A Raw for Retail Milk and Milk Products; §217.43 of this title (relating to Labeling) for Rules for the Manufacture of Frozen Desserts; §217.81 of this title (relating to Labeling) for Dairy Product Manufacturers; or

    (D) one or more of the conditions described in §403 of the Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C. §343) exist.

  (60) Milk transportation company--A milk transportation company is the person responsible for a milk tank truck(s).

  (61) Multi-use container--Any container having a product-contact surface and used in the packaging, handling, storing, or serving of milk or milk products, which, if it remains in good repair and is properly washed and sanitized, may be utilized for multiple usage.

  (62) Nondairy frozen dessert--

    (A) Nondairy frozen dessert is the food which is prepared by freezing, while stirring, a nondairy frozen dessert mix composed of one or more of the optional characterizing ingredients specified in subparagraph (B) of this paragraph, sweetened with one or more of the optional sweetening ingredients specified in subparagraph (C) of this paragraph. The nondairy product, with or without water added, may be seasoned with salt. One or more of the ingredients specified in subparagraph (D) of this paragraph may be used. Pasteurization is not required. The optional caseinates specified in subparagraph (D)(i) of this paragraph are deemed not to be dairy products.

Cont'd...

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