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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 217MILK AND DAIRY
SUBCHAPTER CRULES FOR THE MANUFACTURE OF FROZEN DESSERTS
RULE §217.46Sanitation Standards for Frozen Desserts Plants

(n) Storage of single-service containers, utensils, and materials. Caps, parchment papers, wrappers, liners, gaskets and single-service sticks, spoons, covers, and containers for frozen desserts, mix, or their ingredients shall be purchased and stored only in sanitary tubes, wrappings, or cartons; shall be kept thereafter in a clean, dry place until used; and shall be handled in a sanitary manner. Reuse of single-service articles is prohibited.

(o) Handling of containers and equipment. Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such a manner as to permit contamination of the mix, frozen desserts, or their ingredients. Pasteurized mix and frozen desserts shall not be permitted to come into contact with equipment with which unpasteurized mix, milk, cream, or milk products have been in contact, unless the equipment has been thoroughly cleaned and effectively subjected to an approved bactericidal process.

(p) Pasteurization of mix.

  (1) Every particle of the combined milk, cream, milk product, or other ingredients used in the manufacture of a frozen dessert mix shall be heated and held at temperatures of not less than 155 degrees Fahrenheit for not less than 30 minutes; 180 degrees Fahrenheit for not less than 15 seconds; or 175 degrees Fahrenheit for not less than 25 seconds.

  (2) All pasteurization equipment and related appurtenances shall meet construction and operational requirements outlined in the latest edition of the "Grade A Pasteurized Milk Ordinance" which is adopted by reference in §217.2 of this title (relating to Grade A Pasteurized Milk Ordinance).

  (3) 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.

(q) Cooling and handling. All milk, cream, and milk products in fluid form received at the frozen desserts plant for use in frozen desserts mix shall be cooled to a temperature of 45 degrees Fahrenheit or less and maintained at that temperature until pasteurized; and all pasteurized mix shall be cooled in approved equipment to a temperature of 45 degrees Fahrenheit or less and shall be maintained thereat until frozen.

(r) Packaging and dispensing. Packaging, cutting, molding, dispensing, and other preparation of mix, or frozen desserts, or their ingredients shall be done in a sanitary manner. Containers shall be completely covered immediately after filling unless dispensed to a patron. Closures, covers, and wrappers shall be handled in such a manner as to prevent contamination of the package content.

(s) Returns. Packaged mix, or frozen desserts which have physically left the premises or the frozen dessert plant shall not be re-pasteurized to be sold or used for making frozen desserts.

(t) Overflow and spillage. Product drip or overflow, or spilled mix, or frozen desserts, or their ingredients, shall not be sold for human consumption.

(u) Personnel health. No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall engage in pasteurizing, handling of ingredients, filling, packaging, or freezing operations or in any capacity in which there is a likelihood of such person contaminating mix and frozen desserts, or mix and frozen dessert-contact surfaces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such a capacity. If the management of the frozen desserts plant has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, the employee shall notify the department immediately.

(v) Personnel cleanliness. All persons who come in contact with milk, cream, milk products, mix, and frozen desserts containers or equipment, shall wear clean outer garments, hair restraints and shall keep their hands clean at all times while engaged in such work.

(w) Vehicles.

  (1) All vehicles used for the transportation of mix, frozen desserts, cream, milk, and milk products shall be constructed and operated so as to protect their contents from the sun and contamination. Such vehicles shall be kept clean, and no substance capable of contaminating mix, frozen desserts, cream, milk, and milk products shall be transported therein. Such vehicles shall have the name of the distributor prominently displayed thereon.

  (2) Tank cars and tank trucks used for transporting mix, cream, milk, and milk products shall comply with the construction, cleaning, bactericidal treatment, storing, and handling requirements of subsections (e), (j), (l), and (m) of this section. Each shipment shall be sealed and labeled in a manner approved by the department.

(x) Ingredients. All mix and frozen dessert ingredients shall be clean, have a fresh wholesome flavor and odor and normal appearance, be of satisfactory quality, and be stored, handled, and processed in a sanitary manner.

(y) Raw product storage.

  (1) All milk shall be held and processed under conditions and at temperatures that will avoid contamination and rapid deterioration. Raw milk in storage tanks within the dairy plant shall be handled in such a manner as to minimize bacterial increase and shall be maintained at 45 degrees Fahrenheit or lower until processing begins. This does not preclude holding milk at higher temperatures for a period of time, where applicable to particular manufacturing or processing practices.

  (2) The bacteriological quality of commingled raw milk for use in the manufacture of frozen desserts shall not exceed 500,000 per milliliter.


Source Note: The provisions of this §217.46 adopted to be effective July 4, 2010, 35 TexReg 3038

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