W. Va. Code R. § 61-4C-7 - Adulteration

7.1. A dairy product or imitation dairy product is adulterated if:

7.1.a. any substance has been added to the product or mixed or packed with the product so as to make it appear of greater value than it is, and the substance is not clearly noted in the ingredient statement or by other means on the label;

7.1.b. the bacterial counts, except for sterile hermetically sealed products, exceed a count of fifty thousand (50,000) per gram for the standard plate count and/or ten (10) per gram for the coliform group count;

7.1.c. the bacterial counts for sterile hermetically sealed product exceed 1 per gram for standard plate count and/or 1 per gram for the coliform count;

7.1.d. any bactericidal substance has been added to the product, such as a sanitizer, preservative or any other chemical with bactericidal properties. A product is not adulterated due to the presence of any sanitizer residue where the residue is caused as a normal consequence of sanitizing the equipment while using standard industry practices;

7.1.e. pathogenic bacteria are in the product;

7.1.f. its quality does not meet the requirements of the definition or standard of identity as outlined in section 3 of this rule; or

7.1.g. its quality does not meet the requirements for currently accepted standards by industry and government. defined by the Commissioner.

7.2. Tolerances for the presence of pesticide residues, antibiotics, and unavoidable poisonous or deleterious substances are those tolerances designated in 40 CFR Part 180, as adopted by reference in section 2 of this rule.

Notes

W. Va. Code R. § 61-4C-7