Section 7-03.2-09-01 - Frozen desserts - Manufacturers and processors regulations1. For the purposes of this chapter, frozen desserts include ice cream, ice milk, sherbet, soft serve, frozen yogurt, and any frozen dessert or ice cream mix containing dairy products.2. A license from the commissioner is required for any frozen dessert processor that packages, freezes, or adds flavors to ice cream mix. Establishments selling or delivering directly to the ultimate consumer are exempt from licensing.3. All frozen dessert processors must be inspected once every three months by the commissioner.4. All new equipment used by frozen dessert processors must comply with 3A standards or other standards acceptable to the commissioner. Modifications of plant processes for manufacturing frozen desserts must be submitted to the commissioner for approval prior to installation or construction.5. All raw milk and dairy ingredients used in processing frozen desserts must be pasteurized and must originate from plants approved by the United States department of agriculture, the food and drug administration, or the commissioner.6. Sanitary requirements, at a minimum, must meet United States department of agriculture regulations for manufacturing frozen desserts.7. Four samples within a six-month period must be collected by the commissioner from each frozen dessert processor.8. Samples must be handled in accordance with the standard methods. Samples must be tested at laboratories approved by the commissioner.N.D. Admin Code 7-03.2-09-01
Effective October 1, 2009.Amended by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-02, 4.1-25-29, 4.1-25-30