Section 7-03.2-09-02 - Microbiological requirements for ice cream, ice milk, ice cream mix, and frozen yogurt1. The United States department of agriculture regulations that set microbiological requirements for frozen desserts apply to ice cream, ice milk, ice cream mix, and frozen yogurt.2. All milk, when delivered to a plant to be used in making ice cream, ice milk, ice cream mix, or frozen yogurt, must have a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower. If the delivered milk is from a single producer, it must not exceed five hundred thousand per milliliter standard plate count. If the delivered milk is commingled, it must not exceed one million per milliliter standard plate count.3. All cream delivered to a plant to be used in making ice cream, ice milk, ice cream mix, or frozen yogurt must have a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or lower. All delivered cream must not exceed eight hundred thousand per milliliter standard plate count.4. All dry dairy ingredients to be used in making ice cream, ice milk, ice cream mix, or frozen yogurt must meet the manufacturing standards set by United States department of agriculture regulations.5. All ice cream, ice milk, ice cream mix, and frozen yogurt products must meet the following phosphatase and coliform requirements:a. Phosphatase. The phenol value of a product may be no greater than the minimum specified for the product as determined by the phosphatase test in the standard methods, or other tests approved by the commissioner.b. Coliform.(1) In plain ice cream, ice milk, ice cream mix, and frozen yogurt products, the coliform may not exceed ten per milliliter. Further, these products must not exceed fifty thousand per milliliter standard plate count.(2) In flavored ice cream, ice milk, ice cream mix, and yogurt products, the coliform may not be more than twenty per milliliter. Further, these products must not exceed fifty thousand per milliliter standard plate count.N.D. Admin Code 7-03.2-09-02
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 4.1-25-29, 4.1-25-30, 4.1-25-50