La. Admin. Code tit. 51 § VII-101
3-A Standards-standards for dairy equipment and accepted practices promulgated jointly by the Sanitary Standards Subcommittee of the Dairy Industry Committee, the Committee on Sanitary Procedure of the International Subcommittee of the International Association for Food Protection and the Milk Safety Branch, the U. S. Food and Drug Administration (FDA), Public Health Service (PHS), Center for Food Safety and Applied Nutrition, Department of Health and Human Services. Equipment manufactured in conformity with the 3-A Standards complies with the sanitary design and construction standards of this Part. Copies may be obtained from 3-A Sanitary Standards Incorporated, 6888 Elm Street Suite 2D, McLean, Virginia 22101; (Internet URL address: "http://www.3-A.org/").
Abnormal Milk-any milk or milk product shall be deemed to be abnormal if:
a. it is visibly changed in color, odor and/or texture from that of normal color, odor and/or texture;
b. prior to milking of the animal, it is known to be unsuitable for human consumption (such as milk containing colostrum); or
c. it is unfit for human consumption following treatment of the animal with veterinary products (i.e., antibiotics and other drugs which have withhold requirements) or following treatment or consumption of medicines or insecticides or other toxic compounds not approved for use on dairy animals by the FDA, Environmental Protection Agency (EPA) or the state health officer.
Acidified Milk and Acidified Milk Products, Acidified Filled Milk and Acidified Filled Milk Products, Acidified Anomalous Milk and Acidified Anomalous Milk Products-a milk product obtained by souring milk or milk products, filled milk or filled milk products or anomalous milk or anomalous milk products after pasteurization, ultra-pasteurization or aseptic processing with acetic acid, adipic acid, citric acid, fumaric acid, glucono-delta-lactone, hydrochloric acid, lactic acid, malic acid, phosphoric acid, succinic acid, tartaric acid or other substances, with or without the addition of characterizing microorganisms. Nutritive carbohydrate sweeteners or other sweeteners approved for use by the FDA, flavoring ingredients, stabilizers or salt may be added. All ingredients shall have been declared to be safe and suitable by the FDA. The acidified products shall contain a titratable acidity of not less than 0.5 percent calculated as lactic acid.
Adulterated Milk, Milk Products, or Dairy Products-any milk, milk products, or dairy products shall be deemed to be adulterated:
a. if it is defined in these regulations and fails to conform to its definition or if it otherwise fails to conform to its standard of identity;
b. if it contains any unwholesome substance; or,
c. if [other than in anomalous (substitute) milk and anomalous (substitute) milk products, filled milk and filled milk products, and imitation milk or imitation milk products] any substance has been substituted wholly, or in part, for any substance naturally inherent in the milk, milk product, or dairy product.
Aged Cheese-see ripened or aged cheese.
Air Gap-the unobstructed vertical distance through the free atmosphere of at least twice the diameter of the largest incoming water, dairy product, Clean-In-Place (CIP) solution or other liquid supply pipe, faucet or valve to the flood level rim of the receiving vessel or receptacle, to prevent back siphonage of solutions in the receiving vessel or receptacle. The distance of the air gap is to be measured from the bottom of the inlet supply pipe, faucet or valve to the top of the effective overflow, i.e., flood level rim of the receiving vessel. In no case may the effective air gap be less than one inch (2.54 cm.). Tanks or vats or any other receiving vessel with water inlets below the flood level rim shall comply with the American Society of Mechanical Engineers (ASME) standard A112.1.2 (1991).
Anomalous (Substitute) Milk and Anomalous (Substitute) Milk Products-food that is not in conformity with the definitions and standards of identity contained in this Part or Title 21, Code of Federal Regulations (21 CFR) Part 131 (Milk and Cream), 21 CFR 133.128 (Cottage Cheese) and 21 CFR 133.129 (Dry Curd Cottage Cheese), but is made in semblance of, and resembles a standardized milk or milk product [milk and milk products that are in conformity with the definitions and standards of identity contained in 21 CFR Part 131 (Milk and Cream), 21 CFR 133.128 (Cottage Cheese) and 21 CFR 133.129 (Dry Curd Cottage Cheese)] in physical characteristics, sensory properties, manner in which it is manufactured or processed, functional attributes, propensity to support the growth of pathogenic microorganisms of human significance and being of such nature that it is not nutritionally inferior to, and may be used interchangeably with, the milk or milk product it resembles. These products are usually packed in containers similar to those in which Grade A milk and milk products are packaged, such as paper cartons, plastic bottles or jugs, pouches, plastic cups, tubs, etc. Anomalous (substitute) milk or anomalous (substitute) milk products are manufactured or processed in whole or in part from milk or milk products. The state health officer may, utilizing the aforesaid criteria, specify that a food is an anomalous (substitute) milk or milk product. Foods that have been retort processed after packaging or which have been dried shall not be included in this definition. Anomalous (substitute) milk and anomalous (substitute) milk products shall conform with the requirements contained in 21 CFR § 101.13 (nutrient content claims-general principles). Anomalous (substitute) milk and anomalous (substitute) milk products shall be labeled with a descriptive name which shall be suggestive enough to reveal the basic composition of the product and alleviate any questions regarding the product's identity (some names commonly used are "dairy blend," "dairy beverage," "shakes," "cultured dairy blends," etc).
a. These products may be reduced fat, lowfat, non fat or flavored. All dairy ingredients used in these products (milk, lower fat milks, condensed, evaporated or concentrated milks, dry milks, whey, protein concentrate, milk protein concentrate, filtered milk, etc.) shall be Grade A. The descriptive name (term) shall not selectively exaggerate the presence of one or more ingredients over all other ingredients present in the product as to be misleading or deceptive. Labels for anomalous (substitute) milk or milk products shall be approved by the state health officer prior to the product being offered for sale in the state. In cases in which there is a difference in performance characteristics that materially limit the use of the product, the label shall include a disclaimer, adjacent to the most prominent claim, informing the consumer of such difference (e.g., "not recommended for melting"). Anomalous (substitute) milk and anomalous (substitute) milk products shall conform to the Grade A bacteriological standards/specifications contained in this Part. Plants that manufacture or process anomalous (substitute) milk or anomalous (substitute) milk products for sale in the state shall conform with the requirements for Grade A dairy plants contained in this Part.
Anomalous (Substitute) Dairy Products-any food that is not in conformity with the standards of identity contained in this Part, 21CFR Part 131, 21 CFR Part 133, 21 CFR Part 135, 21 United States Code (USC) Part 321a, but is made in semblance of and resembles a dairy product that is in conformity with the aforesaid standards of identity in physical characteristics, sensory properties, manner in which it is manufactured or processed, functional attributes, propensity to support the growth of pathogenic microorganisms of human significance and being of such nature that it is not nutritionally inferior to, and may be used interchangeably with, the dairy product it resembles. Anomalous (substitute) dairy products are manufactured in whole or in part from butter, cheese (whether natural or processed), milk, lower fat milks, nonfat (fat free, skim) milk, cream, whey, buttermilk (whether dry, evaporated, concentrated, stabilized or frozen) and any other food which the state health officer may, utilizing the above criteria, specify that a food is anomalous (substitute) dairy product. Anomalous (substitute) dairy products shall conform with the bacteriological standards/specifications contained in this part, determined by the state health officer to be applicable to such products. Anomalous (substitute) dairy products that have been retort processed after packaging or which have been concentrated, condensed and dried shall be included in this definition. Plants that manufacture or process anomalous (substitute) dairy products shall conform with the requirements for dairy plants contained in this Part, determined by the state health officer to be applicable to such plants.
Approved by the FDA or With the Concurrence of the FDA-the equipment, processes, policies, decisions or any other items referenced are consistent with published requirements, policies, standards and recommendations contained in publications in the Pasteurized Milk Ordinance (PMO), Procedures Governing the State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, Methods of Making Sanitation Ratings of Milk Shippers, Memoranda, etc., acceptable to the FDA Milk Safety Branch (HFS-626) (FDA/CFSAN/OC/DCP/MST) or concurrence has been obtained by the state health officer from the Milk Safety Branch/Team.
Aseptic Processing-the filling of a commercially sterilized, cooled dairy product into presterilized containers, followed by aseptic hermetical sealing with presterilized closure in an atmosphere free of microorganisms in such a manner that conforms with the requirements of 21 Code of Federal Regulations (CFR) 113 and the provisions of §7, Item 16p of the PMO. The product must maintain commercial sterility under normal non-refrigerated conditions.
Audit-an evaluation made by the state health officer of a dairy facility, the operations conducted therein, the facility's Hazard Analysis Critical Control Points (HACCP) plan and records documenting the implementation of the HACCP system, to determine whether or not all food safety hazards, reasonably likely to occur in each product produced or processed by the facility are being effectively controlled on a continual basis and to determine whether or not the plant is in compliance with the requirements contained in this Part. Personnel conducting such audits shall have been trained in accordance with the requirements for such regulatory auditors contained in the PMO, Appendix K, § IV (3).
Automatic Milking Installation (AMI)-an automated milking system, used to milk cows and other hooved mammals, that conforms with the requirements contained in Appendix Q of the PMO.
Bacterial Plate Count, Direct Microscopic Count, Coliform Determinations, Mastitis Tests-the results of laboratory analysis of milk or dairy products samples taken upon separate days, irrespective of the date of grading or regrading. Laboratory tests shall conform to the procedures in the "Standard Methods for the Examination of Dairy Products" (17th Edition, 2004, as amended) American Public Health Association.
Bacteriological Analytical Manual (BAM)-the bacteriological analytical manual found on the FDA/CFSAN (FDA/Center for Food Safety and Applied Nutrition) internet site and is designated the BAM online; (Internet URL address:http://www.cfsan.fda.gov /~ebam/bam-mm.html#updates [File Link Not Available]).
Boiled Custard-see Egg Nog.
Blended Dry Dairy Products and Dry Blended Dairy Products-products in which the predominant ingredient is a dry dairy product and results from the blending of dry dairy products or the blending of dry dairy products with other safe and suitable dry non-milk derived ingredients approved by the state health officer. These foods may be blended before or after drying.
Broke and Trim-paper and paperboard that have been discarded anywhere in the process of manufacture, such as on paper-making machines in the form of trim. This may also include unprinted trim from the converting process, provided the trim has been handled, treated and transported in a clean, sanitary manner.
BTU-interstate milk shippers bulk tank unit identification number (for groups of dairy farms that pool part or all of their milk produced for sale to a dairy plant).
Bulk Milk Tank Truck Operator/Sampler-a person who collects official samples of raw milk and may transport raw milk from a farm to a milk plant, receiving station or transfer station and has in his/her possession a permit to sample such products issued by a state regulatory agency.
Bulk Milk Pickup Tanker-a milk tank truck and its appurtenances used by a bulk milk tank truck operator/sampler to transport bulk raw milk for pasteurization from dairy farms to a milk plant, receiving station or transfer station.
Butter-the dairy product resulting from the churning of the pasteurized, ultra-pasteurized or aseptically processed milk fat of milk or cream, or both, with or without common salt, with or without additional coloring matter, and containing not less than 80 percent, by weight of milk fat for all tolerances having been allowed. Butter shall be manufactured only in dairy plants that conform to each of the requirements for butter plants contained in Chapter 23 of this Part.
Buttermilk-the fluid dairy product resulting from the manufacture of butter from milk, cream or from the souring, or treatment by a lactic acid or other culture approved by the state health officer, of pasteurized, ultra-pasteurized or aseptically processed milk or lower fat milks. It shall contain not less than 8.25 percent of milk solids-non-fat. It may contain concentrated milk or lower fat milks, dry milk, whey, lactose, lactalbumins, lactoglobulins or modified whey.
Butter Plants-dairy plants that manufacture, process or package butter or butter related products.
Butter Products (Butter Related Products)-dairy products that contain butter as the predominant ingredient. They may contain other safe and suitable ingredients Generally Recognized As Safe (GRAS) by the FDA and the state health officer. The products may contain less than 80 percent by weight of milk fat and may be whipped or otherwise modified in texture. These products shall conform to the bacteriological requirements for butter contained in this Part and shall be manufactured in a dairy plant that conforms to each requirement for butter plants contained in Chapter 23 of this Part.
CFU-colony-forming units.
Certified by the FDA-the person certified has successfully completed the certification process administered by PHS/FDA and possesses a current, valid, certificate of certification issued by the PHS/FDA.
Cheese-the product resulting from the drained curd (coagulated mass) obtained by the coagulation of milk, lower fat milks (whether concentrated, condensed or reconstituted) which may be enriched with milk fat or other derived ingredients GRAS by the FDA. The coagulation may be accomplished by:
a. inoculating with lactic acid and producing microorganisms, with or without rennet and with or without other safe and suitable coagulating enzymes GRAS by the FDA and the state health officer;
b. rennet or other coagulating enzymes that are GRAS; and
c. the addition of lactic acid, citric acid, phosphoric acid, hydrochloric acid, D-glucono-delta-lactone or other coagulating substances that are GRAS. The curd may be modified by cutting, warming, stirring, pressing, draining, molding, ripening, fermenting, blending, seasoning with ingredients that are GRAS, colored with colorings that are GRAS. Functional ingredients that are GRAS may be used. The manner in which cheese is processed, the milk or dairy product from which it is processed, the specific lactic acid producing and in some cases gas forming microorganisms, coagulating enzymes, functional and optional ingredients vary according the type or variety of cheese or related cheese product. There are numerous types and varieties of cheese, including American Cheese, Asiago Cheese, Blue Cheese, Brick Cheese, Camembert Cheese, Cheddar Cheese, Colby Cheese, Cream Cheese, Edam Cheese, Feta Cheese, Gouda Cheese, Limburger Cheese, Mozzarella Cheese, Muenster Cheese, Neufchatel Cheese, Parmesan Cheese, Process Cheese, Provolone Cheese, Ricotta Cheese, Romano Cheese, Roquefort Cheese, Swiss Cheese and many other types and varieties. Each type and variety of cheese shall conform with the standard of identity for such cheese contained in this Part or the PMO, 21 CFR or 7 CFR. These regulations shall apply to all cheese made from the milk of any hooved mammal, provided that where the milk or part of the milk used in the manufacture of cheese is the milk of hooved mammals other than cows, the cheese shall be so labeled.
Cheese Manufacturing Plants-dairy plants that manufacture, process, cut, slice or package cheese and cheese related products.
Cheese Products, Cheese Foods (Cheese Related Products)-foods that contain cheese as the predominant ingredient. They may contain other safe and suitable ingredients GRAS by the FDA and the state health officer. These products may be modified in texture, taste and color. These products shall conform to the bacteriological requirements for cheese contained in this Part and shall be manufactured in a dairy plant that conforms to the requirements for cheese manufacturing plants contained in Chapter 25 of this Part.
Clean-surfaces that have had the effective and thorough removal of product and contaminants.
Cleaned-In-Place (CIP)-the procedure by which sanitary pipelines or other pieces of dairy equipment are mechanically cleaned-in-place by circulation of cleaning and sanitizing solutions.
Cleaned-Out-of Place (COP)-the procedure by which pieces of dairy equipment are placed in a vat equipped with a system that cleans by circulation of cleaning and sanitizing solutions.
Cleaning and Sanitizing Tag (Wash Tag)-tag affixed to the outlet valve or in the near vicinity of the outlet valve of the milk tank truck, which verifies proper cleaning and sanitizing.
Closure-a cap, lid, seal, tube, valve, lidding material or other device in or on a container used for the purpose of enclosing or dispensing the contents.
Coatings-any layer or covering which is applied to the product contact surface.
Code of Federal Regulations (CFR)-except as otherwise indicated, the April 1, 2010 edition, as amended, of title 21 (21 CFR, Food and Drugs) and the January 1, 2010 edition, as amended, of title 7 (7 CFR, Agriculture) of the document, so titled and published by the United States Office of the Federal Register, National Archives and Records Administration.
Component Part-any item that by itself, does not perform any function, but when assembled with one or more component parts or closures, becomes a part of the single service container or closure. These may include, but are not limited to, blanks, sheeting, filling valve parts, tubes, dispensing devices and sampling containers. All material used for fabrication of a component part must meet the requirements of the Federal Food, Drug and Cosmetic Act, as amended.
Concentrated or Condensed Milk-a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from the milk, which when combined with potable water in accordance with instructions printed on the container label, results in a product conforming with the milk fat and milk solids not fat levels of milk as defined in this Part.
Cooling Pond-a man-made structure that conforms with the requirements of this Part and the PMO designed for the specific purpose of cooling cows.
Cottage Cheese*-the soft uncured cheese prepared from the curd obtained by adding harmless lactic acid-producing bacteria, with or without rennet, to pasteurized nonfat (fat free, skim) milk. It contains not more than 80 percent moisture content to not less than 0.5 percent or not more than 2 percent. All cottage cheese sold in the State shall be Grade A.
Cream-liquid milk product high in fat separated from milk which may have been adjusted by adding thereto: milk, concentrated milk and lower fat milks or dry milk or lower fat dry milks and may be modified by whipping, acidifying or culturing. Cream contains not less than 18 percent milk fat.
Creamed Cottage Cheese-the soft uncured cheese prepared by mixing cottage cheese with pasteurized cream or a pasteurized mixture of cream with milk or nonfat (fat free, skim) milk, which contains not less than 4 percent of milk fat by weight, nor more than 80 percent of moisture.
Creole Cream Cheese or Creole Cheese-the soft uncured cheese prepared by culturing pasteurized, ultra-pasteurized or aseptically processed milk, nonfat milk or lowfat milk with harmless lactic acid bacteria and coagulating milk with this culture or rennet or other safe and suitable milk clotting enzymes. The curd is drained in molds prior to packaging. Prior to packaging a creaming mixture may or may not be added to the curd. All dairy ingredients used in Creole Cream Cheese and Creole Cheese shall be Grade A. Dairy plants in which these cheeses are manufactured shall conform with the requirements for Grade A milk and milk products contained in this Part.
Cultured Milk and Cultured Milk Products, Cultured Anomalous Milk and Cultured Anomalous Milk Products and Cultured Filled Milk and Cultured Filled Milk Products-foods produced by culturing pasteurized, ultra-pasteurized or aseptically processed milk or milk products, anomalous milk or anomalous milk products or filled milk or filled milk products with characterizing microorganisms. Sweeteners, flavor and aroma producing ingredients, salt, citric acid or sodium citrate may be added. All ingredients shall have been declared safe and suitable for use in the products by FDA and the state health officer. The cultured products shall contain a titratable acidity of not less than 0.5 percent by weight calculated as lactic acid. The name of these cultured products shall be accompanied by a declaration indicating the presence of any characterizing flavoring and by a declaration such as a traditional name of the microorganisms used thereby indicating the presence of the microbial organisms used as ingredients, e.g., "Kefir Cultured Milk", "Kefir Milk with Vegetable Fat", "Kefir Cultured Dairy Beverage", "Acidophilis Cultured Milk", etc. When lactic acid producing microorganisms are used, the food may be named "Cultured Buttermilk".
Dairy Facility-includes dairy farms, milk tank trucks, milk tank truck cleaning facilities, receiving stations, transfer stations, dairy plants, finished product depots, finished product transfer points, single service containers and closures for milk and milk products manufacturing plants and vehicles used to transport dairy products.
Dairy Farm-any place or premises where one or more cows, goats, sheep, water buffaloes or other hooved mammals are kept for milking and from which a part or all of the milk produced is provided, sold, or offered for sale to a dairy plant, transfer station, or receiving station possessing a permit from the state milk regulatory agency.
Dairy Plant-any place, premises or establishment where milk, milk products (including frozen desserts, frozen dessert mixes, filled milk or filled milk products, anomalous milk, anomalous milk products or anomalous dairy products) and dairy products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed, churned, frozen, dried, blended, concentrated, condensed, packaged or prepared for distribution and where milk tank trucks are cleaned and sanitized when received.
Dairy Plant Receiver/Sampler-a person who collects official milk and milk product samples from milk transport tank trucks and other types of containers of milk and milk products being received by a dairy plant or receiving station and may also unload such milk transport tank trucks and containers.
Dairy Product Condensing, Concentrating, Drying or Blending Plants-dairy plants that condense, concentrate, dry or blend dry dairy products.
Dairy Product Distributor-any person who offers for sale or sells to another any processed milk or dairy products for human consumption as such.
Dairy Products-include but are not limited to milk and milk products, anomalous milk and anomalous milk products, filled milk and filled milk products, whey and whey products, imitation milk and imitation milk products (whether the aforesaid products have been acidified, condensed, concentrated, cultured, dried, flavored, frozen or stabilized), frozen desserts, frozen dessert mixes, butter, butter products, cheese (whether natural or processed), cheese products and any food which is prepared or manufactured in whole or in part from any of the aforesaid products which the state health officer may hereafter so designate. All dairy products produced, manufactured or sold in the state shall comply with the chemical and bacteriological standards and specifications contained in this Part, determined by the state health officer to be applicable to each product. Dairy products processed, manufactured or sold in the state shall be processed or manufactured in plants that are in conformity with the requirements for dairy plants contained in this Part as determined by the state health officer to be applicable to each plant.
Dry Cream-product obtained by removal of water only, from pasteurized milk or cream or a mixture thereof, which may have been homogenized. Alternatively, dry cream may be obtained by blending dry milks and dry cream, provided, that the resulting product is equivalent in composition to that obtained by the method described in the first sentence of this paragraph, it contains not less than 40 percent but less than 75 percent by weight of milk fat on an as is basis and it contains not more than 5 percent by weight of moisture on a milk solids not-fat basis. Safe and suitable sweeteners, fruit and fruit juices, characterizing flavoring ingredients, colorings and artificial flavorings as approved by the state health officer may be added.
Dry Milk (Powdered Milk)-the product resulting from the removal of water from milk or lower fat milks and contains the milk fat, lactose, milk proteins and milk minerals in the same relative proportions as in the milk from which it is made. It contains not more than 2.5 percent by weight of moisture. Said product has been processed in compliance with Chapter 21 of this Part.
Dry Dairy Products-include dry milk (powdered milk), nonfat dry milk [powdered nonfat (fat free, skim) milk], instant nonfat dry milk, dry whey, dry buttermilk and any other products resulting from the combination of dry milk products with other wholesome dry ingredients, and which comply with and have been processed in compliance with the applicable provisions of Chapter 21 of this Part.
Egg Nog or Boiled Custard-food consisting of a mixture of milk, nonfat (fat free, skim) milk, nonfat dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins or modified whey. It shall contain not less than 1.0 percent by weight of egg yolk solids in the finished food and nutritive carbohydrate sweeteners. Egg nog or boiled custard shall contain not less than 6 percent milk fat and not less than 8.25 percent milk solids not fat. The food shall be pasteurized, ultra-pasteurized or aseptically processed.
EPA-United States Environmental Protection Agency.
Evaluation of Milk Laboratories-2007 Revision, published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration.
Extra Grade and Standard Grade Dry Dairy Products-products resulting from the drying of pasteurized milk or milk products in dairy plants that are in substantial compliance with all of the requirements of this Part for dairy products condensing, dairy products drying or dairy products blending plants.
FDA-United States Department of Health and Human Services, Food and Drug Administration.
FDD-flow diversion device.
Filled Dairy Products-any food product made by combining, blending or compounding milk or derivatives of milk with any fat or oil other than milk fat so that the resulting product resembles in sensory properties and physical characteristics (taste, appearance, texture or consistency) a dairy product. The above definition shall not include any distinctive proprietary food compound not readily mistaken for a dairy product in taste or appearance. Filled dairy products shall conform with the microbiological requirements of this Part determined by the state health officer to be applicable to the product and shall be processed in plants that conform with the requirements of this Part, determined by the state health officer to be applicable to such plant facility.
Filled Milk and Filled Milk Products-any milk, lower fat milks, cream (whether or not condensed, evaporated, concentrated, powdered, dried or desiccated) to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation of, or is in semblance of, and resembles, milk, lower fat milks or cream (whether or not condensed, concentrated, powdered, dried or desiccated) in physical characteristics, sensory properties, functional attributes and being of such nature that it may be used interchangeably with the milk or milk product it resembles (whether condensed, concentrated, powdered, dried or desiccated). Filled milk or filled milk products shall be labeled with a descriptive name, which is suggestive enough to identify the milk or milk product it resembles, followed by a qualifier that accurately describes what the product is (examples: "Filled Milk - Non Fat Milk with Vegetable Fat", "Filled Cream - Non Fat Dry Milk with Vegetable Fat", etc.). This definition shall not include any distinctive proprietary food compound readily mistaken in physical characteristics, sensory properties, and functional attributes such that it resembles milk or milk products (whether or not condensed, concentrated, powdered, dried or dessicated) but is of such a nature that it is not reasonably likely to be used interchangeably for a milk or milk product. Nothing in this definition shall be used to prevent the use, blending or compounding of chocolate as a flavor to milk, lower fat milks or cream to which no other fats or oils have been added, blended or compounded. Filled milk and filled milk products shall conform with the microbiological standards for Grade A milk and milk products contained in this Part. Plants that process or manufacture filled milk or filled milk products shall conform with the requirements for Grade A dairy plants contained in this Part.
Finished Dairy Products Depots-establishments in which dairy products contained in their final packages are unloaded from refrigerated transport trucks, stored and reloaded onto refrigerated delivery trucks for transport to retail sales outlets or to other finished dairy products depots or transfer points.
Finished Dairy Product Transfer Points-premises upon which dairy products in their final containers are unloaded from refrigerated transport trucks and loaded into delivery trucks or other refrigerated transport trucks.
Federal Information Processing Standards (FIPS) Number-a voluntary national uniform coding system number that is used to identify the milk plant at which the pasteurizing, ultra-pasteurizing, aseptic processing, condensing, concentrating or drying has been accomplished.
Flavored Dairy Products-such products to which have been added flavoring ingredients that are generally recognized as safe by the FDA and the state health officer and may contain nutritive sweeteners or stabilizers that are generally recognized as safe by the state health officer.
Food Allergens-proteins in foods that are capable of inducing an allergic reaction or response in some individuals. There is scientific consensus that the following foods account for more than 90 percent of all food allergies: peanuts, soybeans, milk, eggs, fish, crustacea, tree nuts, and wheat.
Frozen Dessert Manufacturing Plants-dairy plants that manufacture, process, freeze or partially freeze frozen desserts and provide or sell those products to institutional food service programs, restaurants, groceries, supermarkets, soda fountains, delicatessens and other retail outlets located on premises other than the premises on which they were frozen or partially frozen. Frozen dessert manufacturing plants are also dairy plants that manufacture or process mixes from which frozen desserts are produced.
Frozen Dessert Mixes-foods made with ingredients in such proportions that the mix when frozen will meet the definitions and standards of identity prescribed for the frozen products.
Frozen Desserts-any food produced by freezing or partially freezing, with or without stirring, any combination of two or more of the following: milk or milk products, vegetable fat, animal fat, eggs or egg products and other food products approved by the state health officer, nutritive sweetening ingredients, artificial sweetening ingredients, nut meats, fruit or fruit juices, citric or other organic food acid, other wholesome flavoring agents and colors, and harmless stabilizer; and shall be deemed to include ice cream, fruit ice cream, nut ice cream, sherbets, frozen yogurt, water ices, goat ice cream, sheep ice cream, water buffalo ice cream or any other food product deemed by the state health officer to be a frozen dessert and shall conform with the standards of identity contained in this Part.
Fruit Sherbet-a frozen dessert made from one or more milk or milk products determined to be safe and suitable by the FDA and the state health officer, water, and one or more sweetening ingredients determined to be safe and suitable by the state health officer with not more than 0.5 percent of stabilizer or binder with fruit or fruit juice ingredients in such an amount that the finished product shall contain not less than 20 percent by weight of such fruit ingredient, with or without addition of organic food acid. The finished product shall contain not less than 0.35 percent of organic acid calculated as lactic acid. The quantity of milk or milk products used shall be such that the finished product shall contain not less than 1 percent of milk fat and not more than 10 percent of total milk solids. The finished product shall weigh not less than 6 pounds per gallon.
Frozen Lowfat Yogurt-a frozen dessert prepared with one or more of the optional milk or milk products sweetened with one or more of the optional sweetening agents, with or without eggs or egg products, fruit or fruit juices, confection or other optional flavoring ingredients, with or without harmless coloring, which is cultured after pasteurization by one or more strains of Lactobacillus bulgaricus and Streptococcus thermophilus. The standard plate count requirement for the product shall apply only to the mix prior to culturing. The finished product shall weigh not less than 5 pounds per gallon. For the purpose of this regulation, the strains of bacteria may be collectively referred to as yogurt culture. It shall contain not less than 0.5 percent and not more than 2.0 percent by weight of milk fat.
Frozen Nonfat Yogurt-a frozen dessert prepared with one or more of the optional milk or milk products sweetened with one or more of the optional sweetening agents with or without eggs or egg products, fruit or fruit juices, confection or other optional flavoring ingredients, with or without harmless coloring, which is cultured after pasteurization by one or more strains of Lactobacillusbulgaricus and Streptococcus thermophilus. The standard plate count requirement for the product shall apply only to the mix prior to culturing. The finished product shall weigh not less than 5 pounds per gallon. For the purpose of this regulation, the strains of bacteria may be collectively referred to as yogurt culture. It shall contain less than 0.5 percent by weight of milk fat.
Frozen Yogurt-a frozen dessert prepared with one or more of the optional milk or milk products of this Part, sweetened with one or more of the optional sweetening agents, with or without eggs or egg products, fruit or fruit juices, confection or other optional flavoring ingredients, with or without harmless coloring, which is cultured after pasteurization by one or more strains of Lactobacillus bulgaricus and Streptococcus thermophilus. The standard plate count requirement for the product shall apply only to the mix prior to culturing. The finished yogurt shall weigh not less than 5 pounds per gallon. For the purpose of this regulation, the strains of bacteria may be collectively referred to as yogurt culture. It shall contain not less than 3.25 percent by weight of milk fat.
Generally Recognized as Safe (GRAS)-a food or ingredient used in a food, that is generally recognized as safe and suitable for a specific use by the FDA.
GMP-see Good Manufacturing Practices.
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 2.2 percent milk fat and not less than 7.5 percent milk solids non fat. Goat milk shall be produced according to the sanitary standards of this Part. The word "milk" shall be interpreted to include goat milk.
Good Manufacturing Practices (GMP)-practices used in the manufacturing, packing, or holding of dairy products that comply with the requirements contained in this Part and in 21 CFR 110 and 21 CFR 117 as revised on April 1, 2016, when applicable.
Grade A Concentrated Milk and Concentrated Milk Products-the unsterilized and unsweetened dairy products resulting from the removal of a considerable portion of the water from Grade A raw milk for pasteurization in a dairy plant that is in substantial compliance for all of the sanitation requirements for Grade A in this Part.
Grade A Dry Buttermilk and Dry Buttermilk Products-the products resulting from the drying of pasteurized liquid buttermilk that was derived from the churning of Grade A pasteurized-cream in a dairy plant that is in substantial compliance with the Grade A requirements of this Part.
Grade A Dry Whey or Dry Whey Products-the products obtained by the drying of Grade A whey for condensing or concentrating or by the drying of Grade A pasteurized condensed whey, while leaving all other constituents in the same relative proportions as in the Grade A whey for condensing or concentrating.
Grade A Nonfat Dry Milk-the product resulting from the drying of Grade A raw milk for pasteurization from which the milk fat has been removed in a dairy plant that is in substantial compliance with all of the sanitation requirements for Grade A of this Part.
Grade A Pasteurized Condensed Whey-the liquid substance obtained by partial removal of water from Grade A whey for condensing or concentrating, while leaving all other constituents in the same relative proportions as in the Grade A whey for condensing or concentrating.
Grade A Whey for Condensing or Concentrating-whey from cheese made from Grade A raw milk for pasteurization which has been pasteurized or heat-treated to a temperature of at least 64E C (147E F) and held continuously at that temperature for at least 21 seconds or to at least 67E C (153E F) and held continuously at that temperature for at least 15 seconds in equipment meeting the pasteurization requirements of this Part.
GRAS-see Generally Recognized as Safe.
HACCP-hazard analysis critical control point.
Half and Half-food consisting of a mixture of milk and cream which contains not less than 10.5 percent but less than 18 percent milk fat. It shall be pasteurized, ultra-pasteurized or aseptically processed and may be homogenized. Half and Half may contain flavoring and nutritive sweeteners GRAS by the state health officer and added prior to pasteurization, ultra-pasteurization or aseptic processing.
Heavy Cream-cream that contains not less than 36 percent milk fat. It is pasteurized, ultra-pasteurized or aseptically processed, may be homogenized and may contain other ingredients approved by the state health officer.
HHST-high heat-short time pasteurization.
HTST-high temperature-short time pasteurization.
Homogenized-dairy products that have been treated to insure break-up of the fat globules to such an extent that after 48 hours of quiescent storage at 4.4E C (40E F), no visible cream separation occurs in the dairy product; and the fat percentage of the top 100 milliliters of dairy product in a quart, or proportionate volumes in containers of other sizes, does not differ by more than 10 percent from the fat percentage of the remaining milk as determined after thorough mixing.
Hooved Mammals Milk-the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy hooved mammals. This product shall be produced according to the sanitary standards of this Part.
Ice Cream-a frozen dessert produced by freezing, while stirring, a pasteurized, ultra-pasteurized or aseptically processed frozen dessert mix consisting of one or more dairy products, other than cheese, filled milk or filled milk products, determined by the FDA, to be safe and suitable for use in ice cream, and may contain caseinates and hydrolyzed milk proteins of a type and in amounts determined to be appropriate by the FDA, sweetened with safe and suitable sweeteners approved by the FDA and may also contain eggs, egg products, fruit, fruit flavoring, nuts, natural or artificial flavors, coloring and other food products, each of which have been determined by the FDA to be safe and suitable for use in ice cream. Ice cream shall contain not less than 10 percent of milk fat, 10 percent of non fat milk solids, by weight, provided that the non fat milk solids level may reduced as the milk fat level increases per the following chart:
Percent Milk Fat | Minimum Percent Non Fat Solids |
10 | 10 |
11 | 9 |
12 | 8 |
13 | 7 |
14 | 6 |
a. In ice cream which contains bulky flavors (fruit, nuts, etc.) the weights of milk fat and total milk solids shall be not less than 10 percent and 20 percent, respectively, of the remainder obtained by subtracting the weight of the bulky flavors from the weight of the finished product; but, in no case shall the weight of milk fat or total milk solids be less than 8 percent and 16 percent, respectively, of the total weight of the finished product. Ice cream may contain safe and suitable stabilizers in amounts not more than 0.5 percent by weight of the total weight of the product. Ice cream shall contain not less than 1.6 pounds of total solids per gallon and shall weigh not less than 4.5 pounds per gallon. The term "ice cream" includes goat ice cream, sheep ice cream, water buffalo ice cream and ice cream made from the milk of other hooved mammals, fruit ice cream, nut ice cream, provided the labeling of such products comply with the labeling requirements contained in §121 of this Part.
Imitation Milk or Imitation Milk Products-foods that are made in semblance of and resemble a milk or milk product in physical characteristics, sensory properties, functional attributes and being of such nature that they may be used, interchangeably with the milk or milk product they are in semblance of and resemble, but are nutritionally inferior to said milk or milk product. If, by this definition, a food is an imitation of a milk or milk product, the label shall bear the term "imitation" in a uniform type and size and prominence immediately before the name of the imitated milk or milk product. Imitation milk or milk products shall conform with the microbiological requirements for the milk or milk product which they are an imitation, contained in this Part. Plants that manufacture or process imitation milk or milk products shall conform with the requirements for dairy plants that manufacture or process the milk or milk product of which they are an imitation, contained in this Part.
IMS-interstate milk shipper.
IMS List Sanitation Compliance and Enforcement Rating of Interstate Milk Shippers-a list published quarterly by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, Center for Food Safety and Applied Nutrition. The list consists of interstate milk shippers certified by State Milk sanitation authorities as having attained required milk sanitation compliance ratings; (to subscribe online, see http://www.cfsan.fda.gov/~ear/imsl-l.html [File Link Not Available]).
Inspection-a series of observations, made by the state health officer, to determine whether or not a dairy facility, the operations conducted therein, and the products being produced, processed or handled are in compliance with the requirements of this Part.
Lactase Enzyme Preparation-derived from the nonpathogenic, nontoxicogenic yeast Kluyveromyces lactis. It is used to convert lactose to glucose and galactose. The current GMPs require the use of lactase enzyme in milk to produce "lactase-treated" milk, which contains less lactose than regular milk, or "lactose-reduced" milk, which contains at least 70 percent less lactose than regular milk (21 CFR § 184.1388 Lactase enzyme preparation from Kluyveromyces lactis).
Lactose Reduced Milk, Lactose Reduced Lowfat Milk or Lactose Reduced Nonfat (Fat free, skim) Milk-the product resulting from the treatment of milk, lowfat milk or nonfat (fat free, skim) milk with safe and suitable enzymes to convert sufficient amounts of the lactose to glucose and/or galactose so that the remaining lactose is less than 30 percent of the lactose in milk, lowfat milk or nonfat (fat free, skim) milk.
Lower Fat-a general term related to any type of dairy product which contains less milk fat than that required by the definition and/or standard of identity for the primary (or traditional) dairy product. Such dairy products are to be labeled as "reduced fat", "low fat", "non fat (fat free, skim)" or "light", the term being determined by the content of or the absence of milk fat in the finished product and the type of product.
Low Fat Cottage Cheese-the same as Cottage Cheese except that it contains 0.5 percent to 2.0 percent butterfat by weight and a maximum of 82.5 percent moisture. The label must bear the phrase "contains not more than 2.0 percent butterfat."
Low Fat Milk-milk from which a sufficient portion of milk fat has been removed to reduce its milk fat content to not less than 0.5 percent nor more than 1.5 percent.
Low Fat Yogurt-the same as Yogurt, except that it contains a lower butterfat content. It must contain at least 0.5 percent but not more than 2.0 percent butterfat.
LSPC-Louisiana State Plumbing Code, i.e., Part XIV (Plumbing) of this Code (LAC 51:XIV).
Manufacture-when used contextually with frozen desserts shall include all other similar terms, such as produce, process, convert, freeze and partially freeze.
Manufacturer-any person or company in the business of manufacturing a single service container or closure product which is to be used by a milk plant for the packaging or sampling of a finished Grade A milk or milk product.
Manufacturing Grade Milk-milk for manufacturing purposes that conforms with the requirements of this Part.
Manufacturing Line-a manufacturing process such as extrusion, blow mold, etc.
Manufacturing/Processing-making of a food from one or more ingredients and synthesizing, preparing, treating, modifying or manipulating food, including food crops or ingredients such as cutting, peeling, trimming, washing, waxing, bottling, labeling, packaging, etc.
Metals-metals which are nontoxic, nonabsorbent and corrosion-resistant under conditions of intended use.
Methods of Making Sanitation Ratings of Milk Shippers-2007 revision, as amended, published by the U.S. Department of Health and Human Services, Public Health Service, FDA; (internet URL address: http://www.fda.gov/downloads/Food/GuidanceRegulation/UCM290758.pdf).
Milk-the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in its final packaged form for beverage use shall have been pasteurized, ultra-pasteurized or aseptically processed and shall contain not less than 8.25 percent milk solids not fat and not less than 3.25 percent milk fat. Milk may have been adjusted by separating part of the milk fat therefrom or by adding thereto cream, concentrated milk, concentrated low fat milks, dry milk or dry low fat milks. Milk may be homogenized. Water shall not be added to milk or any ingredient used in milk. Milk may be flavored with safe and suitable flavoring ingredients approved by the state health officer. The word "milk" shall be interpreted to include goat, sheep, water buffalo, camel milk and the milk of other hooved mammals.
Milk Fat-the fat of milk.
Milk Plant-any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed, condensed, dried, packaged or prepared for distribution and where milk tank trucks are cleaned or sanitized when received.
Milk Producer-any person who operates a dairy farm and provides, sells, or offers milk for sale to a dairy plant, receiving station, or transfer station.
Milk Products-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 products, concentrated or condensed milk and low fat milk, nonfat (fat free, skim) milk or nonfat (fat free, skim) milk products, dry milk, reduced fat milk, lower fat milk products, dry milk products, frozen milk and concentrated low fat milk, egg nog or boiled custard, buttermilk and low fat buttermilk, cultured milk and cultured reduced fat, cultured low fat milk [including kefir cultured milk, acidophilis cultured milk, cultured buttermilk, yogurt and low fat yogurts (whether spoonable or drinkable)], cultured nonfat (fat free, skim) milk, nonfat yogurt, acidified milk and acidified reduced fat or low fat milk, acidified nonfat (fat free, skim) milk, low-sodium milk and low-sodium reduced fat or low fat milk, low-sodium nonfat (fat free, skim) milk, lactose-reduced milk and lactose-reduced reduced fat or low fat milk, lactose-reduced nonfat (fat free, skim) milk, aseptically processed and packaged milk and aseptically processed and packaged milk products, milk, reduced fat, low fat milk, or nonfat (fat free, skim) milk with or without added safe and suitable microbial organisms and any other milk product made by the addition or subtraction of milk fat or the addition of safe and suitable optional ingredients approved by the FDA, for protein, vitamin or mineral fortification of the milk products contained herein. Milk products also include those dairy foods made by modifying the federally standardized products listed in this Part in accordance with the 21 Code of Federal Regulation (CFR) 130.10 Requirements for foods named by the use of a nutrient content claim and a standardized term. This definition shall include imitation milk and imitation milk products, anomalous milk and anomalous milk products, filled milk and filled milk products. Milk and milk products which have been retort processed after packaging or which have been concentrated, condensed or dried shall be included in this definition. Dried blends of milk products and blends of dried products, which have milk or a derivative of milk as their predominant ingredient and are used for human consumption, shall be included in this definition. This definition is not intended to include dietary products (except as defined herein), infant formula, ice cream or other frozen desserts, butter or cheese.
Milk Sanitation Rating Officer-a state employee who has been standardized by the Public Health Service/Food and Drug Administration to perform required milk sanitation ratings of farms, plants, or HAACP listing of dairy plants or a combination thereof, has a valid certificate of qualification issued by the Public Health Service/Food and Drug Administration and who does not have responsibility for the routine inspections/audits or enforcement action for the plants or farms he/she rates. State program directors, administrators, etc,, may be certified.
Milk Shake-a pasteurized, ultra-pasteurized or aseptically processed dairy product consisting of one or more milk or milk products, determined by the FDA to be safe and suitable flavoring and sweetening ingredients, stabilizers and may contain fruits, nuts, and other bulky flavors determined by the FDA to be safe and suitable. Milk shakes shall contain not less than 4.5 percent milk fat and 8.8 percent solids non fat by weight.
Milk Tank Truck-a bulk milk pickup tanker or a milk transport tank truck.
Milk Tank Truck Cleaning Facility-any place, premise or establishment, separate from a milk plant or receiving station, where milk tank trucks are cleaned and sanitized.
Milk Tank Truck Operator-any person who operates a milk tank truck, bulk milk pickup tanker or a milk transport tank truck and may or may not be a bulk milk tank truck operator/sampler.
a. milk tank truck and milk tank transport operators who are not licensed as bulk milk tank truck operator/samplers shall not perform any of the duties of a bulk milk tank truck operator/sampler that directly involve the collection or measuring of milk for official records; and
b. milk tank truck operators who are not bulk milk tank truck operator/samplers and perform any of the duties of a bulk milk tank truck operator/sampler other than duties involved in the sampling and measuring of the raw milk shall conform with the requirements for such duties contained in this Part related to those non sampling, non measuring duties of the bulk milk tank truck operator/sampler.
Milk Transport Tank Truck-a vehicle, including the truck and tank, used to transport bulk shipments of milk from a milk plant, receiving station or transfer station to another milk plant, receiving station or transfer station.
Misbranded Milk, Milk Products and Other Dairy Products-products which are not labeled in accordance with the requirements of §121 of this Part.
NACMCF-U.S. National Advisory Committee on Microbiological Criteria for Foods.
NCIMS-the cooperative State-Federal program of the National Conference on Interstate Milk Shipments.
Non-Dairy Frozen Desserts-
a. food which is prepared by freezing, while stirring, a non-dairy frozen dessert mix composed of one or more 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 non-dairy product, with or without water added, may be seasoned with salt. One or more of the ingredients specified in Subparagraph d may be used. Pasteurization is not required. The optional caseinates specified in Clause i of Subparagraph d 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: Sugar (sucrose), dextrose, invert sugar (paste or syrup), glucose syrup, dried glucose syrup, corn sweetener, dried corn sweetener, malt syrup, malt extract, 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, caseinate, calcium caceinate, 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.
vi. thickening ingredients such as agar-agar, algin (sodium alginate), egg white, gelatin, gum acacia, guar seed gum, gum karaya, locust bean gum, oat gum, gum tragacanth, hydroxpropyl, methyl cellulose, carrageenan, salts of carrageenan, furcelleran, propylene glycol alginate, pectin, psyllium seed husk, sodium carboxymethylcellulose.
e. such non-dairy frozen desserts are deemed "processed" when manufactured as a dry powdered mix.
f. dry non-dairy frozen dessert mixes shall be reconstituted with potable water in a sanitary manner and shall be rapidly cooled to a temperature of 45 ° F or below within four hours of reconstitution.
g. the product shall meet the bacterial standards prescribed in §2705. A 18 of this Part.
h. the name of the food is "non-dairy frozen dessert".
i. the fact that the product offered for sale is a non-dairy frozen dessert shall be conspicuously displayed on or near the dispensing freezer in a manner and print that is easily readable by the consumer.
Nonfat (Fat Free, Skim) Milk-milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than 0.5 percent.
Nontoxic Materials-materials which are free of substances which may render the milk injurious to health or which may adversely affect the flavor, odor, composition or bacteriological quality of the product and which meet the requirements of the Federal Food, Drug and Cosmetic Act, as amended.
Nutritionally Inferior-foods that contain a reduction of 2.0 percent or more of the daily recommended value (DRV) of protein and potassium and 2.0 percent or more of the U.S. recommended daily intake (RDI) of any vitamin or mineral of the food that they resemble or may be used as a substitute for that food. Foods that are nutritionally inferior to the food which they resemble shall be labeled "imitation". Foods that are not nutritionally inferior to the food which they resemble shall be considered nutritionally equivalent to the food which they resemble.
Official Laboratory-a biological, chemical, radiological, or physical laboratory which is under the direct supervision of the state health officer or which is under the direct supervision of a duly authorized regulatory official which has been approved by the state health officer.
Official Methods of Analysis-18th Edition, Revision 2, 2007, as amended, published by the AOAC International.
NOTE: AOAC International was formally called the Association of Official Analytical Chemists.
Officially Designated Laboratory-a commercial laboratory authorized to analyze official samples by the state health officer or the milk regulatory official of the state in which it is domiciled or a milk industry laboratory officially designated by the state health officer or the milk regulatory official of the state in which it is domiciled.
Overflow Milk or Milk Product-a milk or milk product which has either:
a. been collected in containers from leaking valves, leaking joints in sanitary milk pipelines, spillage at coolers and bottling machines, or broken bottles; or
b. been exposed to contamination by contact with the surfaces of equipment which have not been treated with a bactericide.
PHS-United States Public Health Services.
PHS/FDA-United States Public Health Service/Food and Drug Administration.
PMO-the 2015 edition, as amended, of the Grade "A " Pasteurized Milk Ordinance, Public Health Service/Food and Drug Administration.
Packing or Packaging-placing, putting or repacking food into different containers without making any change to the form of the food. Facilities that pack dairy products shall be considered to be dairy plants.
Paper Stock-any paper made from the following materials:
a. paper and paperboard manufactured from clean, sanitary virgin chemical or mechanical processed pulp or from broke and trim of such paper and paperboard, provided they have been handled, treated and stored in a clean, sanitary manner or reclaimed fiber using acceptable or approved protocol in compliance with Title 21 CFR 176.260; and
b. components meeting the requirements of the Federal Food, Drug and Cosmetic Act, as amended.
Pasteurization-the process of heating every particle of a dairy product to the appropriate temperature, contained in the chart below, and held continuously at or above the temperature for at least the corresponding time contained in the chart. The pasteurization process shall be performed in equipment designed, manufactured and operated in accordance with the requirements contained in the PMO. The required recording charts for perishable or refrigerated products shall be retained at the dairy plant for a period of one year after the products were prepared. The required recording charts for frozen, preserved or shelf-stable products shall be retained at the plant for a period of two years.
Temperature | Time |
63 ° C (145 ° F)* | 30 minutes |
72 ° C (161 ° F)* | 15 seconds |
89 ° C (191 ° F) | 1.0 second |
90 ° C (194 ° F) | 0.5 seconds |
94 ° C (201 ° F) | 0.1 seconds |
96 ° C (204 ° F) | 0.05 seconds |
100 ° C (212 ° F) | 0.01 seconds |
*If the fat content of the milk product is 10 percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 3 ° C (5 ° F).
a. Eggnog shall be heated to at least the following temperature and time specifications.
Temperature | Time |
69 ° C (155 ° F) | 30 minutes |
80 ° C (175 ° F) | 25 seconds |
83 ° C (180 ° F) | 15 seconds |
b. Provided further, that should scientific evidence indicate that the above temperatures or times are not adequate to destroy pathogenic microorganisms of human significance or for any other reason, may not be adequate to protect the public's health, the state health officer may, with the concurrence of the FDA, immediately require that all pasteurized or ultra-pasteurized dairy products sold in the state are pasteurized or ultra-pasteurized at temperatures or times recommended to be adequate by the FDA. Provided further that should the FDA hereafter determine that any of the requirements for pasteurization or ultra-pasteurization contained in the PMO are not adequate to protect the public's health and require a change in any of the aforesaid requirements, the state health officer shall immediately require that all pasteurization or ultra-pasteurized products sold in the State conform with the new FDA requirements for pasteurization or ultra-pasteurization. Provided further, that nothing shall be construed as barring any other pasteurization process, which has been recognized by the FDA to be equally efficient and which is approved by the state health officer.
Pasteurized Process Cheese-food prepared by comminuting and mixing, with the aid of heat, one or more cheeses of the same or two or more varieties, except Cream Cheese, Neufchatel Cheese, Cottage Cheese, Lowfat Cottage Cheese, Cottage Cheese Dry Curd, Cook Cheese, Hard Grating Cheese, Semisoft part Skim Cheese, part Skim Spiced Cheese and Skim Milk Cheese for manufacturing with a suitable emulsifying agent approved by the FDA and the state health officer into a homogeneous plastic mass. One or more of the optional suitable ingredients approved by the FDA and the state health officer may be used. During its preparation, pasteurized process cheese is heated for not less than 30 seconds at a temperature of not less than 66E C (150E F). Pasteurized process cheese shall conform with the standard of identity contained in this Part and 21 CFR 133.169. Pasteurized process cheese related products are foods that contain pasteurized process cheese as the predominant ingredient. They may contain suitable fruits, vegetables, nuts or meats that have been GRAS by the FDA and the state health officer. These products shall conform with the microbiological requirements for cheese contained in this Part and shall be manufactured in dairy plants that conform with the requirements for cheese manufacturing plants contained in Chapter 25 of this Part. These products shall conform with the standard of identity contained in §107
Pasteurized Process Cheese Manufacturing Plants-dairy plants that manufacture, process or package pasteurized process cheese or pasteurized process cheese related products.
Phosphatase Test-an index of the efficiency of the pasteurization process.
Plant or Facility-an establishment or structure(s) under one management at one general physical location (or in case of a mobile facility, traveling to multiple locations) that manufactures/processes, packs or holds food for human consumption. A "plant or facility" may be one food processing plant with multiple buildings in one location. A building that has multiple companies at the same address would be considered to be multiple plants or facilities.
Plastic Molding-
a. forming, extrusion, and laminating resins:
i. resins or an intimate admixture of resins with other ingredients which meet the requirements of the Federal Food, Drug, and Cosmetic Act, as amended; and
ii. plastic composed solely of clean cuttings or re-grind, provided they have been handled and maintained in a sanitary manner.
b. This definition shall not preclude the use of recycled plastic material when it complies with a protocol which has been reviewed and accepted by the FDA.
Powdered or Dry Frozen Dessert Mixes-frozen dessert mixes that have been dried in dairy products drying plants that are in substantial compliance with the provisions for such plants contained in this Part.
Preformed Container-a container in completed form ready for filling.
Product Contact Surface-surfaces of the container or closure with which the product comes in contact.
Production Scrap-material which remains from the manufacture of single service containers or closures which has been handled or treated in such a manner that it does not comply with the definition for broke and trim or re-grind, but may be collected for recycling. It may contain material such as containers or trim that have fallen on the floor.
Quiescently Frozen Confections-a clean and wholesome frozen, sweetened, flavored dessert 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 milk solids, water, may be made with or without added harmless pure or imitation flavoring, with or without harmless coloring. The finished product shall contain not more than 0.5 of 1 percent by weight of stabilizer composed of wholesome edible material. The finished product shall contain not less than 17.0 percent by weight of total food solids. In the producing of this confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10 percent.
Quiescently Frozen Dairy Confections-a clean and wholesome frozen dessert made from water, milk products and sugar, with added harmless pure or imitation flavoring, with or without added harmless coloring, with or without added stabilizer and 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 13.0 percent by weight of total milk solids, not less than 33.0 percent by weight of total food solids, not more than 0.5 percent by weight of stabilizer and not more than 1/5 of 1 percent by weight of emulsifier. Stabilizer and emulsifier must be composed of wholesome, edible material. In the production of quiescently frozen dairy confections, no processing or mixing prior to quiescently freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10.0 percent.
Quiescently Frozen Ice Creams or Sherbets-frozen desserts which conform with the standards of identity contained in §107 of this Part and in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). These products may be produced in various forms and figurations such as "stick novelties", bars, loaves, molded into various shapes and sizes, etc.
Receiving Station-any place, premise, or establishment where raw milk is received, collected, handled, stored or cooled and prepared for shipment to other facilities.
Reclaimed Water (dairy farm) or Reclaimed Waterdf-potable water which has been used for heat exchange purposes in plate or other type heat exchangers or compressors on a Grade A dairy farm and which is later re-used for certain limited purposes as is specified in §525 of this Part.
Reclaimed Water (dairy plant) or Reclaimed Waterdp-water obtained from the processing of Grade A milk and milk products (for example, condensing water from dairy product evaporators complying with this Part and water reclaimed from milk or dairy products during the evaporation or condensing process) at a dairy plant and which is later re-used for certain limited purposes as is specified in §2117 of this Part.
Reconstituted or Recombined Milk, Reconstituted or Recombined Milk Products, Reconstituted or Recombined Anomalous (Substitute) Milk, or Reconstituted or Recombined Anomalous (Substitute) Milk Products-milk and milk products defined in this Part that result from reconstituting or recombining milk constituents with potable water. The sale of reconstituted or recombined milk or milk products and reconstituted or recombined anomalous (substitute) milk or milk products in the state shall be prohibited.
Reduced Fat Milk-milk which has a milk fat content of 2.0 percent.
Re-Grind-clean plastic material which is trimmed from the container or closure, and imperfectly formed containers or closures which result from the manufacture of single service containers and closures, provided it is handled in a clean, sanitary manner. This may be in its trimmed or molded form and ground in a grinder, approved by the FDA, within the plant. It shall not include any material, container or closure which comes from an unapproved source or whose source, chemical content and treatment is unknown, or which may have poisonous or deleterious material retained in the plastic which migrates to the food at levels exceeding regulatory levels. Re-grind, when transported from one approved plant to another, shall be shipped in clean, sealed, properly labeled containers approved by the FDA. This definition shall not preclude the use of re-grind plastic material when it complies with a protocol which has been reviewed and accepted by the FDA.
Ripened or Aged Cheese-cheese that has been purposely exposed to warm temperatures or held for long periods at colder temperatures to permit bacteria and enzymes to transform the fresh curd into cheese of a specific flavor, texture and appearance. Cheese shall be ripened by placing it in a temperature controlled room at temperatures no lower than 2E C (35E F) and at a selective optimum relative humidity for a minimum of 60 days.
Sample Set-a minimum of four containers shall be tested. For the swab test a minimum of four 50-square centimeter areas of surface from separate containers shall be tested. In the case of containers or closures with a product-contact surface area smaller than 50-square centimeters, more than four containers or closures to equal at least 50-square centimeters times four will be required to be swabbed. Sample set from each manufacturing line shall:
a. for the rinse test, a minimum of four containers shall be tested; and,
b. for the swab test, a minimum of four 50-square centimeter areas of surface from separate containers shall be tested. In the case of containers or closures with a product contact surface area smaller than 50-square centimeters, more than four containers or closures to equal at least 50-square centimeters times four will be required to be swabbed.
Sanitization-is the application of any effective method or substance to a clean surface for the destruction of pathogens and of other microorganisms 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 FDA and the state health officer. Chemical sanitizers shall meet the requirements contained in Part I of Appendix F of the PMO.
SCC-somatic cell count.
Sensitivity Producing Ingredient-ingredients that cause individualistic adverse reactions other than those that result in immunoglobulum Epsilon (IgE) mediated allergies.
Sheep Milk-the lacteal secretion practically free from colostrum, obtained by the complete milking of one or more healthy sheep, and shall comply with all the requirements of this Part. The word milk shall be interpreted to include sheep milk.
Sherbet-a frozen dessert which complies with the definition and standard of identity of sherbet (see 21 CFR 135.140), with the exceptions that artificial flavoring may be substituted in whole or in part for the true fruit ingredient, and the butterfat content shall not be less than 1 percent.
Skim Milk-see Nonfat (Fat Free, Skim) Milk.
Single Service Articles-articles which are constructed wholly, in part, or in combination from paper, paperboard, molded pulp, plastic, metals, coatings or similar materials which are intended by the manufacturer for one usage only.
Single Service Milk Container-any container having a milk or dairy product contact surface and is to be used in the packaging, handling, wrapping or storage of Grade A milk and milk products and which is intended for one use only.
Single Service Milk and Milk Product Container or Closure Manufacturing Plants-fabricators, converters, printers, closure manufacturers, plastic laminators, sheet formers, blow molders, vacuum formers, plastic extruders, injection molders, preformers, manufacturers of valves, valve parts, tubes, dispensing devices and sample containers for use with milk or milk products.
Sour Cream, Acidified Sour Cream-food resulting from the souring by lactic acid producing microorganisms of pasteurized, ultra-pasteurized or aseptically processed cream. Sour cream may contain rennet, flavoring ingredients, salt, sodium citrate and safe and suitable natural and artificial food flavoring. Acidified sour cream also includes cream in which the souring was accomplished with safe and suitable acidifiers with or without addition of lactic acid producing microorganisms.
SPC-standard plate count.
SRO-a milk sanitation rating officer operating under the authority of the state health officer (see milk sanitation rating officer).
Standard Methods for the Examination of Dairy Products-the 17th Edition, 2004, as amended, published by the American Public Health Association.
Standard Methods for the Examination of Water and Wastewater-the 21st Edition, 2005, as amended, published by the American Public Health Association.
State Health Officer-the legally appointed or acting State Health Officer of the Department of Health and Hospitals having jurisdiction over the entire state of Louisiana, and includes his/her duly authorized representatives in accordance with R.S. 40:4 and 40:5.
State Food, Drug and Cosmetic Act-R.S. 40:601, et seq., as amended.
Transfer Station-any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another.
UHT-Ultra High Temperature.
USDA-United States Department of Agriculture.
Ultra-Pasteurized-when used to describe a dairy product, shall mean that such product shall have been thermally processed at or above 138°C (280°F) for at least two seconds, either before or after packaging, so as to produce a product which has an extended shelf life under refrigerated conditions.
Unripened Cheese-cheese that has not been ripened or aged. Such cheese includes: Alemtejo, Alpinianari, Asadero, Asiago, Bokers, Banburg, Bondon, Cambridge, Cottage, Cream, Creole Cream, Farmers, Ferme Feta, Formagelle, Gournug, Liverot, Malgre, Mignot, Mont d'Or, Mozzarella, Neufchatel, Queso Blanco, Queso de Hoja, Queso del Pais, Queso de Puna, Queso Fresco, Provutura, Ricotta, Scamorze, Villiers and others designated by the state health officer.
Vitamin A Fortification-the addition of vitamin A (retinol), vitamin A acetate (retinyl acetate) or vitamin A palmitate (retinyl palmitate) is mandatory in low fat milk and low fat milk products (except yogurt). In fluid milk, vitamin A is required at levels to achieve nutritional equivalency [300 International Units (IU) per cup, 1200 IU per quart]. However, the FDA and the state health officer would prefer that dairy processors continue to fortify vitamin A to levels of 2000 IU/qt. Other modified fat milk products must be fortified with vitamin A to achieve nutritional equivalency. Vitamin A may be added to other products within the limits of GMP. There is no specified GMP level for vitamin A in milk and milk products. Vitamin A may be required to be added to new low fat products to achieve nutritional equivalency with their full fat counterparts.
Vitamin D Fortification-the addition of vitamin D (vitamin D2 or D3 in crystalline, resin or crystal form) to all milk and milk products is optional. Many standards of identity prescribe the minimum level of vitamin D that must be present when it is added to a product. For example, if vitamin D is added to milk, it must be added at a level so that each quart contains 400 IU of vitamin D. If the standard of identity does not indicate a specific level or the product does not have a standard of identity then, the level at which vitamin D may be added must be in accordance with GMP. The maximum GMP level for vitamin D set for milk is (42 IU/100g)2 and milk products (89 IU/100g)3.
Water Buffalo or other Hooved Mammal Milk-the lacteal secretion practically free from colostrum, obtained by the complete milking of one or more healthy water buffalo or other hooved mammals and shall comply with all of the requirements of this Part. The word milk shall be interpreted to include water buffalo and other hooved mammal milk.
Water Ices-a frozen dessert produced by freezing with or without stirring, does not contain any milk or milk derived ingredients, does not contain any egg ingredient other than egg white and does not contain any food fats, except such as are added in small amounts to accomplish specific functions or, are natural components of flavoring ingredients used in the water ice. Water ice is sweetened with safe and suitable nutritive carbohydrate sweeteners and is characterized by the addition of one or more characterizing fruit ingredients (including fruit juices, concentrated fruit juices) or one or more non fruit characterizing ingredients. Other safe and suitable ingredients such as ground spice, infusions of coffee or tea, natural or artificial food flavoring (except any having a characteristic fruit or fruit like flavor) may be added. Each ingredient used in water ice shall have been determined by the FDA to be safe and suitable for use in the product.
Whey-the fluid obtained by separating the coagulum from milk, cream, lowfat or nonfat (fat free, skim) milk in the cheese making process.
Whey Products-any fluid product removed from whey or made by the removal of any constituent from whey or by addition of any wholesome substance to whey or parts thereof. Whey products may be condensed, concentrated or dried.
Yogurt (Yogourt, Yoghurt), Spoonable or Drinkable-food produced by culturing of cream, milk, partially skimmed milk or nonfat (fat free, skim) milk used alone or in combination, with characterizing and lactic acid producing microorganisms. Concentrated nonfat (fat free, skim) milk and non fat dry milk may be added. Ingredients, other than flavoring ingredients shall be pasteurized, ultra-pasteurized or aseptically processed prior to the addition of the microorganism culture. Yogurt may be heat treated after culturing is completed. The finished product shall contain not less than 0.9 percent titratable acidity expressed as lactic acid. The word "yogurt" shall include drinkable and spoonable yogurt. All yogurts sold in the state shall conform to the Grade A bacteriological standards/specifications contained in this Part. Plants that manufacture or process yogurts shall conform with the requirements for Grade A dairy plants contained in this Part.
La. Admin. Code tit. 51, § VII-101