Cal. Code Regs. Tit. 3, § 430 - Reconstitution of Mix or Premix to Manufacture Frozen Dairy Products

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) Except as specified in subsection (b), a mix or premix that is used to manufacture frozen dairy products shall not be reconstituted or recombined with water, milk or any milk product without being pasteurized immediately afterwards in approved and properly operated pasteurization equipment that meets the requirements of sections 34001 or 34001.5 of the Food and Agricultural Code, and sections 582, 583,584, 585 and 602(e) of Title 3, California Code of Regulations.

(b) Mix or premix used to manufacture frozen dairy products, except frozen yogurt, may be in condensed or dry form and reconstituted with water at semi-frozen milk products plants operating under provisions of section 33704 of the Food and Agricultural Code, or at establishments with a limited manufacturing permit operating under section35016 of the Food and Agricultural Code, subject to all of the following conditions:

(1) The mix or premix to be reconstituted with water shall have been pasteurized at the plant where it was packaged.

(2) Water used to reconstitute mix or premix shall conform to Department of Public Health standards for public supplies of drinking water.

(3) Reconstitution of mix or premix with water shall occur on the same premises as the freezing device in which the mix or premix will be used and be conducted with utensils and equipment that meet the requirements of sections 33763, 33764, 33765, and 33766 of the Food and Agricultural Code.

(4) Reconstituted mix shall be poured directly into the freezing device or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen. Reconstituted mix or premix shall not be stored for more than 24 hours.

(5) Any reconstituted frozen dairy product that is not sold, and any freezing device salvage from the manufacture of reconstituted frozen dairy products shall not be reused as a mix.

(6) Fruits or flavorings added to reconstituted mixes by semi-frozen milk products plants shall only be from factory-filled containers labeled in compliance with 21 CFR Part 101.

(c) Pursuant to Food and Agricultural Code section 33704, reconstitution of condensed or dry mix or premix is prohibited at facilities issued a limited packaging permit.

Notes

Cal. Code Regs. Tit. 3, § 430

Note: Authority cited: Sections 407, 36601 and 36807, Food and Agricultural Code. Reference: Sections 32513, 33704, 33704.7, 33704.8, 33763, 33764, 33765, 33766, 34001, 34001.5, 34008, 35011, 35016, 36605, 36802, 36806, 36861, 36951, 36952, 36991 and 36992, Food and Agricultural Code.

1. New section filed 6-10-2010; operative 7-10-2010 (Register 2010, No. 24).