| (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.
(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.
Cont'd... |
