The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Adulterated milk, milk products, and frozen desserts"
means any milk, milk products, other frozen dessert ingredient, frozen desserts
or frozen desserts mix which:
1. Bears
or contains any poisonous or deleterious substance in a quantity which may
render it injurious to health;
2.
Bears or contains any added poisonous or deleterious substance for which no
safe tolerance has been established by state or federal regulation, or in
excess of such tolerance if one has been established;
3. Consists, in whole or in part, of any
substance unfit for human consumption;
4. Has been produced, processed, prepared,
packed, or held under insanitary conditions;
5. Container is composed, in whole or in
part, of any poisonous or deleterious substance which may render the contents
injurious to health; or
6. Any
substance has been added thereto or mixed or packed therewith so as to increase
its bulk or weight, or reduce its quality or strength, or make it appear better
or of greater value than it is.
"Commissary or depot" means any place, premise, or
establishment in which pasteurized mix, ingredients, containers, or supplies
are prepared or stored for the servicing of one or more mobile units, and where
facilities are provided for cleaning the vehicle and the cleaning and
bactericidal treatment of equipment and utensils.
"Frozen desserts manufacturer" means any person who
manufactures, processes, converts, partially freezes, or freezes any mix or
frozen desserts for distribution or sale.
"Frozen desserts plant" means any place or premises where
frozen desserts or mix are manufactured, processed, or frozen for distribution
or sale at wholesale.
"Frozen desserts retail establishment" means any place or
premises including retail stores, stands, hotels, restaurants, and vehicles or
mobile units where frozen desserts are frozen or partially frozen or dispensed
for sale at retail.
"Misbranded" means milk, milk products, other frozen
desserts ingredients, frozen desserts and frozen desserts mix are misbranded
when:
1. Their containers bear or
accompany any false or misleading written, printed, or graphic
matter;
2. Such milk and products
do not conform to their definitions as contained in this chapter; and
3. Such products are not labeled in
accordance with Part VI (
2VAC5-510-430 et seq.) of this
chapter.
"Mobile unit" means any vehicle or temporary establishment
that shall travel from place to place in which a frozen desserts processor
freezes, partially freezes, or dispenses frozen desserts for sale.
"Official methods" means Official Methods of Analysis of
the Association of Official Analytical Chemists, a publication of the
Association of Official Analytical Chemists. A modified Roese-Gottlieb test,
such as the Mojonnier' or Dietert, may be used in making official determination
of the butterfat and total solids content of frozen dairy food products.
"Pasteurization" or "pasteurized" means the process of
heating, in approved and properly operated equipment, every particle of mix to
any one of the following temperatures and holding at the temperature for the
specified time:
1. 155°F and
holding at such temperature for at least 30 minutes.
2. 175°F and holding at such temperature
for at least 25 seconds.
Nothing contained in this definition shall be construed as
barring any other method of process, or combination of times and temperatures,
as may be demonstrated to be equally efficient.
"Permit" means authority issued under the Act by the
regulatory agency.
"Person" means any individual, partnership, corporation,
company, firm, trustee, or association.
"Plant" means any place, premise, or establishment where
milk or dairy products are received or handled for processing or manufacturing
the products defined herein.
"Powder" or "dry frozen desserts mix" means a frozen
desserts mix in a dry form.
"Standard methods" means Standard Methods for the
Examination of Dairy Products, a publication of the American Public Health
Association.
"3-A Sanitary standards and accepted practices" means the
standards for dairy equipment and accepted practices formulated by the 3-A
Sanitary Standards Committees representing the International Association for
Food Protection, the United States Public Health Service, and the Dairy
Industry Committee, Published by the 3-A Sanitary Standards,
Incorporated.
