| (B) The optional flavoring ingredients referred to in subparagraph (A) of this paragraph are natural and artificial flavoring and characterizing food ingredients. (C) The optional sweetening ingredients referred to in subparagraph (A) of this paragraph are sugar (sucrose), dextrose, invert sugar (paste or syrup), glucose syrup, dried glucose syrup, corn sweetener, dried corn sweetener, malt syrup, malt extract, dried malt syrup, dried malt extract, maltose syrup and dried maltose syrup. (D) Other optional ingredients referred to in subparagraph (A) of this paragraph are: (i) casein prepared by precipitation with gums, ammonium, caseinate, calcium caseinate, potassium caseinate, or sodium caseinate; (ii) hydrogenated and partially hydrogenated vegetable oil; (iii) dipotassium phosphate; (iv) coloring, including artificial coloring; (v) monoglycerides, diglycerides, or polysorbates; and (vi) thickening ingredients such as agar-agar, algin (sodium alginate), egg white, gelatin, gum acacia, guar seed gum, gum karaya, locus bean gum, oat gum, gum tragacanth, hydroxypropyl, cethyl cellulose, carrageenan, salts of carrageenan, furcelleran, salts of furcelleran, propulene glycol alginate, pectin, psyllium seed husk, and sodium carvoxymethylcellulose. (E) Such nondairy frozen desserts are deemed "processed" when manufactured as a dry powdered mix. The addition of water is merely the manner in which such nondairy frozen desserts are served. (F) The label shall comply with labeling requirements for frozen desserts with the additional clear and concise statement that the product is nondairy. (63) Nonfat yogurt--The food produced by culturing skim milk, used alone or in combination with a characterizing bacterial culture that contains the lactic acid-producing bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. Nonfat yogurt is further defined in Title 21, CFR, §131.206. (64) Novelties--Frozen desserts, either alone or in combination with other foods such as cookies, wafers, cones, coating, confections, etc., which are packaged in single-serving units. (65) Official laboratory--A biological, chemical or physical laboratory which is under the direct supervision of the State or a local regulatory agency. (66) Overrun--The trade expression used to reference the increase in volume of frozen product over the volume of the mix. This increase in volume is due to air being whipped into the product during the freezing process. It is expressed as a percent of the volume of the mix. (67) Officially designated laboratory--A commercial laboratory authorized to do official work by the regulatory or supervision agency, or a milk industry laboratory officially designated by the regulatory agency for the examination of milk, milk products, or frozen desserts. (68) Pasteurization-- (A) The terms "pasteurization," "pasteurized," and similar terms shall mean the process of heating every particle of milk or milk product, in properly designed and operated equipment, and held continuously at or above a certain temperature for at least the corresponding specified time as shown in the following chart and referenced in the most current revision of the "Grade A Pasteurized Milk Ordinance." Attached Graphic (B) Provided, that eggnog and frozen dessert mixes shall be heated to at least the temperature and time specifications in the following chart. Attached Graphic (C) Provided further, that nothing shall be construed as barring any other process found equivalent to pasteurization for milk and milk products, which has been recognized by the United States Food and Drug Administration (FDA) as provided in 21 U.S.C. §343(h)(3) of the Federal Food, Drug and Cosmetic Act. Only such FDA recognized processes and no other shall be considered by the department. (69) Permit--A license or certification to engage in the activity listed on the permit, license, or certificate. (70) Person--The word "person" shall include any individual, plant operator, partnership, corporation, company, firm, trustee, association, or institution. (71) Producer dairy farm--Any place or premises where one or more lactating animals (cows, goats or sheep, water buffalo, or other hooved animal) are kept, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, or receiving station. (72) Quiescently frozen confection--A clean and wholesome frozen, sweetened, flavored product in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). This confection may be acidulated with food grade acid, may contain water, may be made with or without added natural or artificial flavoring, and with or without harmless coloring. The finished product shall contain not less than 17% by weight of total food solids. In the production of this food, no processing or mixing shall be used that develops in the finished food mix any physical expansion in excess of 10%. (73) Quiescently frozen dairy confection--A clean and wholesome frozen product made from water, milk products and sugar, with added harmless natural or artificial flavoring, with or without added coloring, with or without added stabilizer, with or without added emulsifier; and in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). It contains not less than 13% by weight of total milk solids, and not less than 33% by weight of total food solids. In the production of quiescently frozen dairy confections, no processing or mixing prior to quiescently freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%. (74) Receiving station--Any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. (75) Reconstituted or recombined milk and milk products--Milk or milk products defined in this section which result from reconstituting or recombining of milk constituents with potable water when appropriate. (76) Regulatory agency--The Department of State Health Services. For purposes of this chapter, Texas Department of Health is an equivalent term. (77) Safe and suitable--Ingredients which perform an appropriate function in the food in which they are used, and are used at a level no higher than necessary to achieve their intended purpose in the food. (78) Sale--Shall mean any of the following: (A) the manufacture, production, processing, packing, exposure, offer, or holding of any milk, milk product, or frozen dessert product; (B) the sale, dispensing, or giving of any milk, milk product, or frozen dessert product; or (C) the supplying of any milk, milk product, or frozen dessert to a retail establishment or to a consumer. (79) Sanitization--The application of any effective method or substance to a clean surface for the destruction of pathogens and other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product, or the health of consumers, and shall be acceptable to the regulatory agency. (80) Sherbet--The food defined in Title 21, CFR, §135.140(a) - (i). (81) Single service container--Any container having a milk product or frozen dessert, in contact with the containers surface and used in the packaging, handling, storing, or serving frozen desserts and/or milk products, which is intended for one usage only. (82) Sour cream or cultured sour cream--The product resulting from the souring, by lactic acid producing bacteria, of pasteurized cream, and as further defined in Title 21, CFR, §131.160. (83) Standard methods--Reference to the latest edition of "Standard Methods for the Examination of Dairy Products," a publication of the American Public Health Association, Washington, D.C. (84) Sterilized--The term sterilized when applied to piping, equipment, and containers used for milk and milk products shall mean the condition achieved by the application of heat, chemical sterilant(s), or other appropriate treatment that renders the piping, equipment, and containers free of viable microorganisms. (85) 3-A Sanitary Standards and Accepted Practices--Refers to the standards for dairy equipment and accepted practices formulated by the 3-A Sanitary Standards committees representing the International Association for Food Protection, the U.S. Public Health Service, and the Dairy Industry Committee that are published by the International Association of Milk, Food, and Environmental Sanitarians, 6200 Aurora Avenue, #200W, Des Moines, Iowa 50322. Cont'd... |
