(46) 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.
(47) Homogenized--Milk or a milk product has been treated
to ensure 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.
(48) Ice cream and frozen custard--The foods defined
in Title 21, CFR, §135.110.
(49) Label--A display of written, printed, or graphic
matter upon the immediate container of a product or wrappers accompanying
such a container.
(50) Light cream--Cream which contains not less than
18% but less than 30% milkfat, and as further defined in Title 21,
CFR, §131.155.
(51) 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.
(52) 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."
(53) 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.
(54) Mellorine--The food defined in Title 21, CFR, §135.130(a)
- (d).
(55) 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.
(56) Milk hauler--A person who transports raw milk
and raw milk products to or from a milk plant, receiving station,
transfer station, frozen dessert manufacturer, or non-grade A dairy
product manufacturer.
(57) 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.
(58) Milk producer--Any person who operates a producer
dairy farm and provides, sells, or offers milk for sale to a milk
plant, receiving station, transfer station, frozen dessert manufacturer,
or non-grade A dairy product manufacturer.
(59) 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.
(60) Milk tank truck--The term used to describe both
a bulk milk pickup tanker and a milk transport tank.
(61) Milk tank truck cleaning facility--Any place,
premise, or establishment, separate from a milk plant, receiving,
or transfer station, where a milk tank truck is cleaned and sanitized.
(62) 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.
(63) 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, transfer station, frozen
dessert manufacturer, or non-grade A dairy product manufacturer to
another milk plant, receiving station, transfer station, frozen dessert
manufacturer, or non-grade A dairy product manufacturer.
(64) Milk transportation company--An entity responsible
for ensuring milk tank trucks are in compliance with the provisions
of Subchapter D of this chapter (relating to Bulk Milk Regulations).
(65) Misbranded milk and milk products--Milk and milk
products are misbranded if:
(A) their container bears or is accompanied by any
false or misleading written, printed, or graphic matter;
(B) milk labeling does not conform to the definitions
as contained in this chapter;
(C) they are not labeled in accordance with §217.24
of this title (relating to Labeling) for Grade A Raw Milk and Raw
Milk Products; §217.43 of this title (relating to Labeling) for
Rules for the Manufacture of Frozen Desserts; and §217.81 of
this title (relating to Labeling) for Dairy Products and Milk for
Manufacturing Purposes; or
(D) one or more of the conditions described in the
Federal Food, Drug and Cosmetic Act, §403, as amended (21 U.S.C. §343)
exists.
(66) 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.
(67) 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.
(B) The optional flavoring ingredients referred to
in subparagraph (A) of this paragraph are natural and artificial flavoring
and characterizing food ingredients.
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