| (D) articles intended for use as a component of any
articles specified in subparagraphs (A), (B) or (C) of this paragraph,
but does not include devices or their components, parts or accessories.
(24) Eggnog--The food containing cream, milk, partially
skimmed milk, or skim milk, used alone or in combination, liquid egg
yolk, frozen egg yolk, dried egg yolk, liquid whole eggs, frozen whole
eggs, dried whole eggs, or any one or more of the foregoing egg yolk
containing products with liquid egg white or frozen egg white, and
a nutritive carbohydrate sweetener. Eggnog is further defined in Title
21, CFR, §131.170.
(25) Federal Food, Drug, and Cosmetic Act--The United
States laws pertaining to food, drugs, and cosmetics as specified
in 21 U.S.C. §301, et seq.
(26) Food allergen--A major food allergen is:
(A) milk, egg, fish (e.g., bass, flounder, or cod),
Crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g.,
almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or
(B) a food ingredient that contains protein derived
from a food specified in subparagraph (A) of this paragraph, except
the following:
(i) any highly refined oil derived from a food specified
in subparagraph (A) of this paragraph, and any ingredient derived
from such highly refined oil; or
(ii) a food ingredient that is exempt under U.S.C.
Title 21 Chapter 9, Subchapter IV, §343(w)(6) and (7).
(27) Food allergen cross-contact--The unintentional
incorporation of a food allergen into a food.
(28) Freezer--A piece of equipment which converts mix
and/or other ingredients to a hardened or semi-hardened state using
the technique of freezing during processing or manufacturing of those
products commonly known as ice cream, ice cream mix, frozen dessert,
frozen dessert mix, and nondairy frozen dessert mix.
(29) Frozen dessert--Any of the following: ice cream,
light ice cream, ice milk, frozen custard, fruit sherbet, non-fruit
water ice, frozen dietary dairy dessert, frozen yogurt, quiescently
frozen confection, quiescently frozen dairy confection, mellorine,
lorine, parevine, freezer-made milk shake, or nondairy frozen dessert.
The term also includes mix used in the freezing of one of those frozen
desserts.
(30) Frozen dessert manufacturer or plant--A person
who manufactures, processes, converts, partially freezes or freezes
any mix, be it dairy, nondairy frozen desserts for distribution or
sale at wholesale. This definition shall not include a frozen dessert
retail establishment.
(31) Frozen dietary dairy dessert and frozen dietary
dessert--A food for any special dietary use, prepared by freezing,
with or without agitation, composed of a pasteurized mix which may
contain fat, protein, carbohydrates, flavoring, stabilizers, emulsifiers,
vitamins, and minerals.
(32) Frozen low fat yogurt and mix (also called low
fat frozen yogurt)--Complies with the provisions of frozen yogurt,
except that:
(A) the milk fat content of the finished food is not
less than 0.5%, but not more than 2.0%; and
(B) the name of the food is "frozen low fat yogurt."
(33) Frozen low fat yogurt dry mix--The unfrozen dry
powdered combination of ingredients which, when combined with potable
water and when frozen while stirring, will produce a product conforming
to the definition of frozen low fat yogurt.
(34) Frozen milk concentrate--A frozen milk product
with a composition of milkfat and milk solids not fat in such proportions
that when a given volume of concentrate is mixed with a given volume
of water the reconstituted product conforms to the milkfat and milk
solids not fat requirements of whole milk. In the manufacturing process,
water may be used to adjust the primary concentrate to the final desired
concentration. The adjusted primary concentrate is pasteurized, packaged,
and immediately frozen. This product is stored, transported, and sold
in the frozen state.
(35) Frozen skim milk yogurt--Complies with the provision
of frozen yogurt, except that:
(A) the milkfat content of the finished food is less
than 0.5%; and
(B) the name of the food is either "frozen skim milk
yogurt" or "frozen nonfat yogurt."
(36) Frozen yogurt--
(A) Frozen yogurt is the food which is prepared by
freezing, while stirring, a mix composed of one or more of the optional
dairy ingredients provided for in ice cream and frozen custard, and
which may contain other safe and suitable ingredients.
(B) The dairy ingredient(s), with or without other
ingredients, is/are pasteurized and subsequently cultured with bacterial
cultures acceptable to the state health authority.
(C) The titratable acidity of the cultured frozen yogurt
is not less than 0.5%, calculated as lactic acid, except if the frozen
yogurt is flavored by the addition of a non-fruit characterizing ingredient(s).
(D) The milkfat content of frozen yogurt is not less
than 3.25% by weight, except that when bulky characterizing ingredients
are used the percentage milkfat is not less than 2.5%.
(E) The finished frozen yogurt shall weigh not less
than five pounds per gallon.
(F) The name of the food is "frozen yogurt."
(37) Goat milk--The normal lacteal secretion, practically
free of colostrum, obtained by the complete milking of one or more
healthy goats. Goat milk sold in retail packages shall contain not
less than 2.5% milkfat and not less than 7.5% milk solids not fat.
The word "milk" includes goat milk.
(38) Goat milk ice cream--The food defined in Title
21, CFR, §135.115.
(39) Grade A dry milk and whey products--Products which
have been produced for use in Grade A pasteurized or aseptically processed
milk products and which have been manufactured under the provisions
of the most current revision of the "Grade A Pasteurized Milk Ordinance."
(40) Grade A Pasteurized Milk Ordinance--The document
published by the United States Department of Health and Human Services,
Public Health Service/Food and Drug Administration. The document consists
of the following parts: The Grade A Pasteurized Milk Ordinance with
Administrative Procedures; illustrations, tables, supplements, appendices;
and an index. Copies are on file in the Milk Group, Consumer Protection
Division, Department of State Health Services, 8407 Wall Street, Austin,
Texas, and are available for review during normal business hours.
For purposes of this chapter, "U.S. Public Health Services Grade A
Pasteurized Milk Ordinance" is an equivalent term.
(41) Grade A raw milk and Grade A raw milk products--Milk
products that are manufactured in compliance with the provisions of
Subchapter B of this chapter (relating to Grade A Raw Milk and Raw
Milk Products), and are offered for sale to the public without pasteurization.
(A) These products include, but are not limited to
plain raw milk, raw flavored milk, raw low-fat milk, raw low-fat flavored
milk, raw skim milk, raw skim flavored milk, raw cultured milk, raw
cultured low fat milk, raw cultured skim milk, raw cream, raw heavy
cream, raw light cream, raw sour cream, raw acidified sour cream,
raw cultured sour cream, raw light whipping cream, raw heavy whipping
cream, raw whipped cream, raw light whipped cream, raw plain yogurt,
raw flavored yogurt, raw low fat yogurt, raw nonfat yogurt, raw drinkable
yogurt, raw drinkable probiotic yogurt, raw buttermilk, raw half-and-half,
raw sour half-and-half, raw acidified sour half-and-half, raw cultured
sour half-and-half, raw eggnog, raw whey, raw flavored whey, raw whey
protein, raw flavored whey protein, and raw keifer.
(B) Grade A raw milk and raw milk products do not include
the following.
(i) Infant formula, ice cream or other frozen desserts,
butter, or raw cheese that is not aged a minimum of 60 days.
(ii) Raw milk or raw milk products that are a blend
of raw milk from more than one raw milk processer dairy farm.
(42) Grade A raw milk processor--A person who processes
milk as defined in paragraph (55) of this section, that is produced
in compliance with the provisions of Subchapter B of this chapter
and is offered for sale to the public without pasteurization.
(43) Grade A raw milk processor dairy farm--Any place
or premise where one or more lactating animals (cows, goats, sheep,
water buffalo, or other hooved animals) are kept, and from which a
part of or all the raw milk and raw milk products are produced, processed,
bottled, and offered, sold, or offered for sale to the public.
(44) Half-and-half--The food consisting of a mixture
of milk and cream which contains not less than 10.5% but less than
18% milkfat. Half-and-half is further defined in Title 21, CFR, §131.180.
(45) Heavy cream or heavy whipping cream--Cream which
contains not less than 36% milkfat and as further defined in Title
21, CFR, §131.150.
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