As used in this subchapter, unless the context otherwise requires:
(1) Milk.
(A) “Whole milk” means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before or five (5) days after calving or such longer period as may be necessary to render the milk practically colostrum free, and when offered for sale must contain not less than three and one-fourth percent (3¼%) of butterfat, and eight and one-fourth percent (8¼%) solids not fat;
(B) Milk for manufacturing purposes may contain less than three and one-fourth percent (3¼%) of butterfat but must be delivered pure, sweet, and clean;
(C) “Skimmed milk” means milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than three and one-fourth percent (3¼%); and
(D) “Cream” means that portion of milk rich in butterfat which rises to the surface of the milk on standing or is separated from it by centrifugal force, containing not less than eighteen percent (18%) of butterfat;
(2) Dairy Products. “Dairy products or milk products” means the pure, clean, and wholesome milk, cream, pure milk fat, butter, cheese, ice cream, ice cream mix, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, or any derivatives of milk or combination of products made from milk;
(3) Cheese.
(A) “Cheese” means the product made from the separated curd obtained by coagulating the casein of milk, skimmed milk, or milk enriched with cream. The coagulation is accomplished by means of rennet or other suitable enzyme, lactic fermentation, or by a combination of any two (2) processes. The curd may be modified by heat, pressure, ripening ferments, special molds, or suitable seasoning. Certain varieties of cheese are made from the milk of animals other than the cow, and any cheese defined in this subchapter may contain added coloring matter. The name “cheese” unqualified means cheddar cheese, American cheese, or American cheddar cheese;
(B) “Cheddar cheese”, “American cheese”, or “American cheddar cheese” means the cheese made by the cheddar process from heated and pressed curd obtained by the action of rennet on milk. It contains not more than thirty-nine percent (39%) water, and in the water-free substance, not less than fifty percent (50%) of milk fat;
(C) “Skim milk cheese” means cheese made from milk, the finished product of which contains less than fifty percent (50%) of butterfat based on the moisture-free substance or contains more than thirty-nine percent (39%) moisture;
(D) “Pasteurized cheese” or “pasteurized-blended cheese” means the pasteurized product made by comminuting and mixing, with the aid of heat and water, one (1) or more lots of cheese into a homogeneous, plastic mass. The unqualified name “pasteurized cheeses” or “pasteurized-blended cheese” is understood to mean pasteurized cheddar cheese or pasteurized blended cheddar cheese and applies to a product which conforms to the standard for cheddar cheese. Pasteurized cheese or pasteurized-blended cheese, bearing a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety;
(E) “Process cheese” means the modified cheese made by comminuting and mixing one (1) or more lots of cheese into a homogeneous plastic mass, with the aid of heat, with or without the addition of water, and with the incorporation of not more than three percent (3%) of a suitable emulsifying agent. The name “process cheese”, unqualified, is understood to mean process cheddar cheese and applies to a product which contains not more than forty percent (40%) water and, in the water-free substance, not less than fifty percent (50%) milk fat. Process cheese, qualified by a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety;
(F) “Casein” means that product made from skimmed milk or buttermilk obtained by precipitating the casein by the addition of acids or whey. The casein may be subsequently washed, ground, and dried; and
(G) “Whey” means the product remaining after the removal of fat and casein from milk in the process of cheese making;
(4) Ice Cream — Frozen Desserts and Drinks.
(A) “Frozen desserts” means ice cream, ice cream mix, frozen malted milk, frozen custard, ice milk, milk sherbets, ice or ice sherbets, and imitation ice cream as defined in this subchapter when manufactured for commercial purposes;
(B) “Ice cream” means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, egg products, water, and sugar with harmless flavoring and with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one-half of one percent (½ of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than eighteen percent (18%) by weight of total milk solids. However, when fruit, fruit juices, nuts, cocoa or chocolate, chocolate syrup, maple syrup, cakes or confections, or other wholesome pure food products are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids, as is due to the addition of the flavoring. In no such case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice cream contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon;
(C) “Ice cream mix” means a product which results from the mixture of pure clean dairy products, sugar, and other products allowed in the use of ice cream and with or without harmless flavoring and coloring. In no case shall ice cream mix contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids. When fruit, nuts, cocoa or chocolate, maple syrup, cakes, or confections are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids as is due to the addition of the flavoring, but in no case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids;
(D) “Frozen malted milk” means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer, and in the manufacture of which freezing has been accompanied by agitation of the ingredients. It contains not more than one-half of one percent (½ of 1%) by weight of edible gelatin or vegetable stabilizer, not less than three percent (3%) by weight of milk fat, nor more than ten percent (10%) by weight of total milk solids, and not less than one-half of one percent (½ of 1%) by weight of malted milk. In no case shall frozen malted milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon;
(E) “Fountain malted milk” means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer; and it contains not more than one-half of one percent (½ of 1%) by weight of edible gelatin or vegetable stabilizer, not less than four percent (4%) by weight of milk fat, not less than twelve percent (12%) by weight of total milk solids, and not less than one-half of one percent (½ of 1%) by weight of malted milk;
(F) “Frozen custard” means French ice cream, French custard ice cream, ice custard, parfaits, and similar frozen products. Frozen custard is a clean wholesome product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without harmless coloring and with or without added stabilizers composed of wholesome edible material. It contains not more than one-half of one percent (½ of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than fourteen percent (14%) by weight of total milk solids. Frozen custard shall contain not less than two and one-half (2½) dozen of clean, wholesome egg yolks, or three-fourths pounds (¾ lbs.) of wholesome, dry egg yolk containing not to exceed seven percent (7%) of moisture, or one and one-half pounds (1½ lbs.) of wholesome frozen egg yolk containing not to exceed fifty-five percent (55%) of moisture, or the equivalent of egg yolk in any other form, for each ninety pounds (90 lbs.) of frozen custard. In no case shall any frozen custard contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon;
(G) “Ice milk” means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without added stabilizer composed of wholesome, edible material, and with or without harmless coloring. It contains not more than one-half of one percent (½ of 1%) by weight of stabilizers, not less than three percent (3%) and not more than ten percent (10%) by weight of milk fat and not less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon;
(H) “Milk sherbet” means the pure, clean, frozen product made from milk products, water, and sugar, with harmless fruit, fruit acid, or fruit juice flavoring, and with or without harmless coloring, and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains not less than four percent (4%) by weight of milk solids;
(I) “Ice or ice sherbet” means the pure, clean, frozen product made from water and sugar with harmless fruit or fruit juice flavoring, with or without harmless coloring and with or without milk products and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains less than four percent (4%) by weight of milk solids; and
(J) “Imitation ice cream” means any frozen substance, mixture, or compound, regardless of the name under which it is represented, which is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen, and which is not ice cream, frozen custard, ice milk, frozen malted milk, sherbet, or ice as defined in this law. No person shall sell imitation ice cream. However, “mellorine” and “mellorine mix” defined in subdivision (4)(J)(i)(a) of this section shall not be construed to be “imitation ice cream”, and nothing in this subchapter shall be construed to prevent or prohibit the manufacture or sale of “mellorine” and “mellorine mix” as defined:
(i)(a) Description.
(1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine;
(2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (4½ lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and
(3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (2½); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10);
(b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice;
(c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International:
(1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association;
(2) Protein content shall be determined by one (1) of the following methods: “Nitrogen — Official Final Action”, Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and
(3) Protein efficiency ratio shall be determined by this method: “Biological Evaluation of Protein Quality — Official Final Action” Sections 39.166 — 39.170;
(d) Nomenclature. The name of the food is “mellorine”. The name of the mix which is frozen to produce mellorine is “mellorine mix”. The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and
(e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term “milk fat” or “nonfat milk”;
(ii) For the purpose of this definition and standard of identity, food fats are edible natural fats derived from vegetable sources including only such milk fat as is normally contained in the products enumerated in subdivision (4)(J)(iii) of this section. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five one-thousandths of one percent (5/1000 of 1%) of the weight of the fat used. No edible vegetable oil shall be used which does not meet the standards prescribed by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301;
(iii) “Milk solids not fat” shall mean and include skim milk, evaporated or condensed concentrated skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, whether fluid, condensed, or dried, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis;
(iv) “Sugar” or “other sweeteners” shall mean and include sugar, liquid sugar, dextrose, which is paste or syrup, invert sugar, lactose, corn sugar, dried or liquid corn syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, and molasses, other than blackstrap;
(v) “Flavors” shall mean and include:
(a) Natural food flavoring;
(b) Artificial food flavoring;
(c) Fruit juice, which may be sweetened and thickened with stabilizer;
(d) Chocolate;
(e) Cocoa;
(f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid;
(g) Nut meats; and
(h) Confectionery; and
(vi) “Stabilizers” shall mean and include gelatins, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed, gum, monoglycerides, or diglycerides, both of fat-forming fatty acids or other harmless stabilizer or emulsifier;
(5) Miscellaneous Products. Varieties, types, and kinds of milk and dairy products which are not defined in this section shall be manufactured and marketed under the standards of composition promulgated by the Bureau of Standards of the United States Food and Drug Administration, or may be promulgated by the Secretary of the Department of Health under authority vested in him or her to make and promulgate rules;
(6) Pasteurization. “Pasteurization” is defined to mean the heating of every particle of the milk, cream, ice cream mix, or milk products used in the manufacture of ice cream or butter to a temperature of at least one hundred forty-five degrees Fahrenheit (145° F) and held at the temperature for thirty (30) minutes, provided that any other method of pasteurization which has been proved of equal value may be used when approved by the American Dairy Science Association. Frozen dessert pasteurization vats shall be provided with recording thermometers and charts filed for record;
(7) Condensed or Evaporated Milk.
(A) “Condensed milk”, “evaporated milk”, or “concentrated milk” is that product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, and contains, all tolerances being allowed for, not less than twenty-five and one-half percent (25 ½%) of total solids and not less than seven and nine-tenths percent (7 9/10%) of milk fat;
(B) “Sweetened condensed milk”, “sweetened evaporated milk”, or “sweetened concentrated milk” is the product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of total milk solids and not less than eight percent (8%) of milk fat;
(C) “Condensed skimmed milk”, “evaporated skimmed milk”, or “concentrated skimmed milk” is the product resulting from the evaporation of a considerable portion of the water from skimmed milk which contains, all tolerances being allowed for, not less than twenty percent (20%) of milk solids; and
(D) “Sweetened condensed skimmed milk”, “sweetened evaporated skimmed milk”, or “sweetened concentrated skimmed milk” is the product resulting from the evaporation of a considerable portion of the water from skimmed milk to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of milk solids;
(8) Butter.
(A) “Butter” is the food product usually 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, to contain not less than eighty percent (80%) by weight of milk fat, all tolerances being allowed for;
(B)(i) “Renovated or process butter” is the product made by melting butter and reworking the butter, without the addition or use of chemicals or any substances except milk, cream, or salt, that contains not less than eighty percent (80%) butterfat or that is made in accordance with current standards established by the United States Food and Drug Administration.
(ii) Renovated or process butter may also contain harmless coloring matter.
(iii)(a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International.
(b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor.
(c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale;
(9) Cream.
(A) “Sour cream” is cream, the acidity of which is more than two-tenths of one percent (2/10 of 1%), expressed as lactic acid;
(B) “Sweet cream” when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of fresh, clean, fine-flavored cream, the acidity of which does not exceed two-tenths of one percent (2/10 of 1%) calculated as lactic acid;
(C) “First grade cream” when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is smooth, clean, free from undesirable odors and flavors, and shall contain not less than twenty-five percent (25%) of butterfat;
(D) “Second grade cream” when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is too old to grade as “first grade” and may contain objectionable flavors and odors in a moderate degree; and
(E) “Unlawful cream or milk” means cream or milk which contains dirt, filth, gasoline, kerosene, or other foreign matter, or which has been contaminated by insects, rodents, or other animals or that is stale, cheesy, rancid, putrid, decomposed, or is otherwise unfit for human consumption; and
(10) Miscellaneous Definitions.
(A) “Dairy products plants” shall include all places where dairy products, as defined in this subchapter, are bottled, processed, frozen, or manufactured;
(B) “Milk or cream station” shall be considered to mean any place where milk or cream may be received or purchased and held for shipment or delivery to a dairy products plant;
(C) “Truck route” shall be considered to mean any person, as defined in subdivision (10)(G) of this section, collecting cream or milk from the producer for the purpose of manufacture into butter, cheese, ice cream, condensed or powdered milk, or for bottled purposes;
(D) “Field superintendent” shall be considered to mean any qualified person who is the authorized representative of any person, firm, company, or corporation engaged in buying, selling, or manufacturing dairy products and who has supervision over the procurement of raw materials to be manufactured into dairy products;
(E) “Station operator” shall be considered to mean any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for the products;
(F) “Cream or milk grader” shall be considered to mean any person who shall have passed a satisfactory examination as to his or her qualifications and to have actually demonstrated his or her ability before the secretary or his or her assistants, to determine the quality of cream or milk purchased for the purpose of manufacture into dairy products; and
(G) The term “person” shall be considered to include an individual, or a partnership, corporation, or association.
