5D-1.001. Documents Incorporated by Reference and Definitions (Transferred)

(1) The following documents are incorporated by reference and shall apply in the interpretation and enforcement of Chapters 502 and 503, F.S.:

(a) Grade A Pasteurized Milk Ordinance (“PMO”), 2005 Revision, Public Health Service/Food and Drug Administration, its Appendices and notes.

(b) 21 Code of Federal Regulations, Parts 101, 130.17, 131, 133 and 135, Revised April 1, 2007.

(c) 7 Code of Federal Regulations, Part 58, Subpart B-58.101(e), (g), (n), (t), (u), (v), (w); 58.125-58.131; 58.142, 58.147; 58-148 (B)-(F); 58.150-58.154; 58.205-58.247; 58.305-58.344; 58.405-58.445; 58.605-58.645; 58.647-58.654; 58.705-58.732; and 58.805-58.811 Revised January 1, 2007. Copies of the foregoing may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(d) Frozen Desserts Processing Guidelines, 1st edition, October 1989. Available from Dairy and Egg Safety Branch, HFS-316, Division of Plant and Dairy Food Safety, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835.

(e) United States Standards for Grades of Nonfat Dry Milk (Spray Process), February 2, 2001. Available from United States Department of Agriculture, Agriculture Marketing Service, Dairy Programs, Standardization Branch, 1400 Independence Ave., S.W., MS #0230, Washington, D.C. 20250-0230.

(f) United States Standards for Grades of Whole Dry Milk, April 13, 2001. Available from United States Department of Agriculture, Agriculture Marketing Service, Dairy Programs, Standardization Branch, 1400 Independence Ave., S.W., MS #0230, Washington, D.C. 20250-0230.

(g) United States Standards for Dry Whey, December 14, 2000. Available from United States Department of Agriculture, Agriculture Marketing Service, Dairy Programs, Standardization Branch, 1400 Independence Ave., S.W., MS #0230, Washington, D.C. 20250-0230.

(h) Milk for Manufacturing Purposes and its Production and Processing (“MMPPP”), September 1, 2005. Available from United States Department of Agriculture, Agricultural Marketing Service, Dairy Programs, Standardization Branch, 1400 Independence Ave., S.W., MS #0230, Washington, D.C. 20250-0230.

(2) In addition to the definitions in Chapters 502 and 503, F.S., and those in the documents incorporated by reference herein, the following definitions shall apply:

(a) “Adulterated” means any milk, milk product or frozen dessert if:

1. It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

2. It consists, in whole or in part, of any substance unfit for human consumption;

3. It has been produced, processed, prepared, packed, or held under unsanitary conditions;

4. Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

5. Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.

(b) “Bulk Milk Hauling Service” is any person who hauls or causes to be hauled bulk milk or milk products from a dairy farm, transfer station, receiving station or milk and milk products plant to another location.

(c) “Bulky Flavored” means frozen desserts, mix or other defined products flavored with a bulky flavor ingredient such as chocolate, fruit, nut, malted milk, confectionery, and cereal.

(d) “Degraded milk” is milk that fails to meet the minimum requirements of subsection 5D-1.007(3), F.A.C.

(e) “Department” is the Department of Agriculture and Consumer Services.

(f) “Depot” is any place, premise or establishment in which pasteurized mix, frozen desserts, defined products, ingredients, containers, or supplies are stored for further distribution.

(g) “Frozen Yogurt” is food which is prepared by freezing, while stirring, a mix composed of one or more of the optional dairy ingredients provided for in ice cream and frozen custard and which may contain other safe and suitable ingredients. Its dairy ingredients, with or without other ingredients, is (are) pasteurized and subsequently cultured with bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. The titratable acidity of the cultured frozen yogurt may not be less than 0.5 percent, calculated as lactic acid, except if the frozen yogurt is flavored by the addition of a non-fruit characterizing ingredient(s). Its milkfat content may not be less than 3.25 percent by weight, except that when bulky characterizing ingredients are used the percentage milkfat may not be less than 2.5 percent. The finished frozen yogurt shall weigh not less than 5 pounds per gallon.

(h) “Manufacturing Milk Plant” shall mean any place, premise, or establishment where milk or milk products for manufacturing purposes are received or handled for processing and/or distribution.

(i) “Manufactured milk products” include cheese, butter, non-Grade “A” milk powder, evaporated and condensed milk and such other products, for human consumption, as may be otherwise designated.

(j) “Single service container manufacturer” is included in the definition of “Milk Plant” for purposes of permitting, enforcement and inspection.

(k) “Washing Station” is included in the definition of “Transfer Station” for purposes of permitting, enforcement and inspection.

(l) “Sold” means a transfer of milk or milk products that involves any direct or indirect form of compensation in exchange for the right to acquire such milk or milk products.

Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.012, 502.014, 503.031, 502.053, 502.091 FS. History–New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, 4-14-08.