N.J. Admin. Code § 8:21-10.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:21-10.2 - Definitions

(a) The following definitions contained in Section 1. Definitions of the Pasteurized Milk Ordinance are not adopted.

1. Definition L "Milk products" is replaced by the definition in statute at N.J.S.A. 24:10-57.1(b).

2. Definition O "Adulterated milk" is replaced by the definition in statute at N.J.S.A. 24:5-8.

3. Definition P "Misbranded milk" is replaced by the definition in statute at N.J.S.A. 24:5-17.

4. Definition U "Milk producer" is replaced by the definition in statute at N.J.S.A. 24:10-57.1(e).

5. Definition V "Milk hauler" is replaced by the definition in statute at N.J.S.A. 24:10-57.1(i).

6. Definition W "Milk distributor" is replaced by the definition in statute at N.J.S.A. 24:10-57.1(f).

7. Definition Y "Dairy farm" is replaced by the definition in statute at N.J.S.A. 24:10-57.1(d).

8. Definition Z "Milk plant" is replaced by the definition in statute at N.J.S.A. 24:10-57.1(g).

(b) The following words and terms, as used in this subchapter and in the PMO as incorporated by reference herein, shall have the following meanings:

"Butter" means the food product known as butter, and which is made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 percent of milkfat, all tolerances having been allowed for.

"Butter oil" means the clean, wholesome and unadulterated milkfat obtained from milk, cream, or butter, and which contains not less than 99 percent milkfat.

"Certified industry inspector" means an individual certified by the Department to conduct dairy farm inspections of producers shipping to New Jersey permit holders. Such certification shall be in accordance with the procedures established by the Department pursuant to the provisions of the Pasteurized Milk Ordinance.

"CFR" means the Code of Federal Regulations of the United States Government.

"Cheese" shall mean and include those cheeses, processed cheeses, cheese foods, cheese spreads and related food for which definitions and standards of identify have been promulgated under the provisions of the Federal Food, Drug and Cosmetic Act and shall conform to such definitions and standards of identify as set forth therein.

"Commissioner" shall mean the Commissioner of the Department of Health and Senior Services or his/her duly appointed agent.

"Dairy drink" means a product consisting of fluid skim milk or concentrated or dried skim milk recombined with water, with or without added milkfat, to which has been added a syrup or flavoring material, and which contains not less than 7 1/2 percent milk solids-not-fat.

"Department" means the Department of Health and Senior Services.

"Frozen yogurt mix" means the unfrozen fluid mixture from which frozen yogurt is made by freezing and shall contain not less than 3.25 percent milkfat and 8.25 percent milk solids not fat prior to the addition of bulky characterizing ingredients or sweeteners. In addition, the mix shall meet the requirements of N.J.A.C. 8:21-7.7 regarding culturing, titratable acidity and live yogurt culture organisms.

"Health Authority" means the duly authorized agent of the Department of Health and Senior Services to act in the enforcement of the sanitary laws of the State.

"Ice cream mix" means the unfrozen fluid mixture from which ice cream is made by freezing and shall contain not less than 10 percent by weight of milkfat except for such reduction of milkfat as is due to the addition of such flavoring, but in no case shall it contain less than eight percent by weight of milkfat. Chocolate and cocoa flavored ice cream mix shall in no event contain less than 10 percent by weight of total fat.

"Milk shake mix or milk shake base" means a fluid milk product prepared from a combination of optional ingredients as prescribed in the definition for ice cream. It shall contain not less than 3 1/4 percent milkfat and not less than 14 percent total milk solids.

"Optional ingredients" shall mean and include Grade A dry milk products, concentrated milk, concentrated fluid milk products, flavors, sweeteners, stabilizers, emulsifiers, acidifiers, vitamins, and minerals. Similar ingredients may be added to fluid milk products when approved by the Department under the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq.

N.J. Admin. Code § 8:21-10.2

Amended by R.1993 d.689, effective 12/20/1993.
See: 25 New Jersey Register 4373(a), 25 New Jersey Register 6013(a).
Repeal and New Rule, R.2000 d.427, effective 10/16/2000.
See: 32 New Jersey Register 2386(a), 32 New Jersey Register 3831(a).
Section was "Labeling".
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).