As used in this part 1, unless the context otherwise
requires:
(1) Cheese means the fresh or matured product obtained by the draining,
after coagulation, of milk, cream, skimmed or partly skimmed milk, or a combination
of some or all of these products, including any cheese that conforms to the
provisions of the definitions and standards of identity for cheese and cheese
products, a regulation of the food and drug administration, 21 CFR 133.3.
(2) Cream means the liquid milk product which is high in fat and separated
from milk and which may have been adjusted by adding milk, concentrated milk, dry
whole milk, or nonfat dry milk and which contains not less than eighteen percent
milk fat.
(3) Dairy farm means the place or premises on which one or more lactating
hooved animals are kept and from which a part or all of the milk produced thereon
is delivered, sold, or offered for sale to a dairy plant for manufacturing purposes.
(4) (a) Dairy plant means any place, premises, or establishment where milk
or dairy products are received or handled for processing or manufacturing and
where they are prepared for distribution.
(b) For the purposes of this subsection (4), dairy plant, when used in
connection with the requirements therefor or the licensing thereof, means any
establishment that manufactures dairy products; except that any dairy plant that
is located in an establishment licensed pursuant to part 16 of article 4 of this title is
exempt from the licensing requirements of this article if such establishment sells or
serves dairy products exclusively and directly to the final consumer of the product.
(5) Dairy products means food products manufactured from milk or cream
or from any combination of milk and cream with other food ingredients intended for
human consumption, including, but not limited to, butter, natural or processed
cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated whole
milk or skim milk, condensed whole milk, condensed skim milk, or ice cream or
other frozen desserts specified in part 3 of this article. Dairy products does not
include milk or milk products as defined in the grade A pasteurized milk ordinance,
1978 recommendations of the United States public health service, food and drug
administration, superintendent of documents number HE 20.4002:M59-3.
(6) Department means the department of public health and environment or
its authorized representative.
(7) Goat milk means the lacteal secretion, practically free from colostrum,
which is obtained by the complete milking of healthy goats.
(8) HTST method means the high temperature short-time method of
pasteurization.
(9) Manufacturing milk means milk produced for processing and
manufacturing into dairy products for human consumption but not subject to grade
A or comparable requirements.
(10) Milk means the lacteal secretion, practically free from colostrum,
which is obtained by the complete milking of healthy cows, excluding that milk
obtained less than eight days before and less than four days after calving or for
such longer period as may be necessary to render the milk practically colostrum
free, and which contains not less than eight and one-quarter percent nonfat milk
solids and not less than three percent milk fat; except that, in those instances
where the normal secretion of the cows is less than three percent milk fat, this
product shall be accepted as milk for manufacturing purposes.
(11) Milk sampler means a person licensed by the department who is
qualified and trained to sample or test milk or cream for the purpose of payment
and includes a bulk milk hauler that collects milk from dairy farms.
(12) Official methods means official methods of analysis of the association
of official analytical chemists, 13th edition, 1980, a publication of the association of
official analytical chemists, as amended, supplemented, or republished.
(13) Pasteurization means the process of heating every particle of milk or
milk product in properly designed and operated equipment to one of the
temperatures provided in the following table and held continuously at or above that
temperature for at least the corresponding specified time.
Temperature Time
*145 degrees F ( 63 degrees C) 30 minutes
*161 degrees F ( 72 degrees C) 15 seconds
191 degrees F ( 89 degrees C) 1 second
194 degrees F ( 90 degrees C) 0.5 second
201 degrees F ( 94 degrees C) 0.1 second
204 degrees F ( 96 degrees C) 0.05 second
212 degrees F (100 degrees C) 0.01 second
*If the fat content of the milk product is ten percent or more or if it contains
added sweeteners, the specified temperature shall be increased by five degrees
Fahrenheit (three degrees Celsius).
(14) Pasteurized means treated pursuant to the pasteurization process
specified in subsection (13) of this section.
(15) Person means any individual, firm, association, corporation, or
partnership doing business in this state, in whole or in part, and any officer, agent,
servant, and employee thereof.
(16) Producer means the person who exercises control over the production
of the milk delivered to a processing plant or receiving station and who receives
payment for this product.
(17) To sanitize means to treat a clean surface with any effective method or
substance acceptable to the department for the destruction of pathogens and
other organisms as far as is practical without adversely affecting the equipment,
the milk or milk product, or the health of consumers.
(18) Standard methods means the standard methods for the examination of
dairy products, 13th edition, 1972, a publication of the American public health
association, as amended, supplemented, or republished.
(19) Test means the process of determining the milkfat content of milk and
milk products for the purpose of buying or selling milk or milk products. All tests
shall be conducted and samples shall be collected in accordance with the standard
methods specified in subsection (18) of this section or any other method approved
by the department.
(20) Transfer or receiving station means any place, premises, or
establishment where milk or milk products are transferred directly from one milk
tank truck to another or where raw milk is received, collected, handled, stored, or
cooled and prepared for further transporting. The term transfer or receiving
station shall not include a dairy farm.