| (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.
(68) 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.
(69) Non-grade A dairy product manufacturer--Any place,
premise, or establishment where dairy products are produced or prepared
for distribution for human consumption but is not subject to Grade
A requirements.
(70) 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.
(71) Official laboratory--A biological, chemical or
physical laboratory which is under the supervision of the department
conducting the analysis of milk, milk products, milk for manufacturing,
or frozen dessert. Full service laboratories are official laboratories.
(72) Officially designated laboratory--A commercial
laboratory or a milk industry laboratory officially designated by
the department for the analysis of milk, milk products, milk for manufacturing,
or frozen desserts.
(73) Overrun--The increase in volume of frozen product
over the volume of the mix due to air being whipped into the product
during the freezing process. It is expressed as a percent of the volume
of the mix.
(74) Pasteurization--
(A) 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 referenced in the most current revision of the "Grade
A Pasteurized Milk Ordinance."
(B) 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 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.
(75) Permit--A license or certification to engage in
the activity listed on the permit, license, or certificate.
(76) Person--The word "person" shall include any individual,
plant operator, partnership, corporation, company, firm, trustee,
association, or institution.
(77) Principal Display Panel--The part of a label that
is most likely to be displayed, presented, shown, or examined under
normal and customary conditions of display for retail sale.
(78) 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 products is provided, sold, or offered for sale to
a milk plant, transfer station, receiving station, frozen dessert
manufacturer, or non-grade A dairy product manufacturer.
(79) 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 contains not less than 17% by weight of total food
solids. No processing or mixing shall be used that develops in the
finished food mix any physical expansion in excess of 10%.
(80) 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 before
quiescently freezing is used that develops in the finished confection
mix any physical expansion in excess of 10%.
(81) Receiving station--Any place, premises, or establishment
where raw milk is received, collected, handled, stored, or cooled
and prepared for further transporting.
(82) 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.
(83) Regulatory agency--The Department of State Health
Services. For purposes of this chapter, Texas Department of Health
is an equivalent term.
(84) 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.
(85) Sale--The term "sale" or "sell" means a monetary
transaction, barter, offer, or trade that involves the transfer of
milk, milk products, raw milk, raw milk products, dairy products,
or frozen dessert products. The term also includes transactions conducted
as part of animal shares or animal pools, unless it involves the transfer
of milk from the farmer to a person holding an ownership interest
in the producing animals, who shares costs in proportion to their
ownership interest, and only receives milk in proportion to their
ownership interest as memorialized in a written agreement.
(86) 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.
(87) Sherbet--The food defined in Title 21, CFR, §135.140.
(88) 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.
(89) 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.
(90) 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.
(91) Sterilized--The condition of piping equipment
and containers achieved by the application of heat, chemical sterilant(s),
or other appropriate treatment that renders the piping, equipment,
and containers free of viable microorganisms.
(92) 3-A Sanitary Standards and Accepted Practices--The
standards for dairy equipment and accepted practices formulated by
the 3-A Steering Committee 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... |
