Florida Administrative Code (Last Updated: April 18, 2024) |
5. Department of Agriculture and Consumer Services |
5D. Division of Dairy Industry |
5D-1. Milk, Milk Products And Frozen Desserts |
5D-1.007. Dating; Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts (Transferred)
1(1) Shelf-Life Dating and Expiration Dating.
7(a) All milk and milk products shall be legibly labeled with their shelf-life date. The date or date code for frozen desserts and other manufactured milk products shall be approved by the department and shall indicate the date of manufacture of the product or the last day the product is to be offered for sale. The standards for labeling for all products shall be in accordance with 7421 CFR, 76Part 101, adopted by reference in paragraph 835D-1.001(1)(b), 84F.A.C.
85(b) The methods for the determination of the shelf-life of milk and milk products shall be microbiological and organoleptical.
104(c) The shelf-life expiration date shall appear in conspicuous and easily legible bold-face print or type in distinct contrast to the background, by typography, layout, color, embossing, debossing, or molding of other matter on the package, and shall be placed on that part of the container most likely to be displayed, presented, or shown, or examined under customary conditions of display for retail sale, and shall not interfere with legibility or other mandatory labeling requirements of the product. However, cup containers that are labeled with the date on the bottom shall have displayed on the cap information concerning the location of the date.
207(d) The shelf-life expiration date shall be expressed by the three letters of the month followed by the numeral or numerals constituting the appropriate calendar date or numerically. For example: “June 1” shall be expressed “JUN 1” or “0601”.
246(e) No milk or milk products shall be offered for sale as a grade A product after the shelf-life expiration date shown on the container. All milk and milk products offered for sale after the shelf-life expiration date will be deemed to be misbranded and subject to be impounded and made unsalable or otherwise disposed of by the department, under the provisions of Section 310502.231, F.S.
312(f) This rule does not apply to containers of milk or milk products which are not to be sold in the State of Florida.
336(g) Each processor shall certify to the department the maximum shelf-life of each product in the hands of the consumer under normal storage conditions. Provided, however, the maximum shelf-life of fluid uncultured milk pasteurized at less than 270374 375F shall not exceed ten days from date of packaging unless technical supporting justification has been supplied to the department, the department has confirmed such shelf-life claims, and specific authority to use a longer shelf-life has been granted by t415he department.
417(2) Shelf – Life Testing and Testing Procedures.
425(a) Milk product samples shall be held at 43434 435F (plus or minus 2440 441F) for the shelf life period plus four (4) days and analyzed to determine that shelf-life expiration dates stated on the conta463iners assure the consumer of acceptable quality milk and milk products when kept under normal storage conditions. The temperature at the time of collection shall be officially recorded by the collector. Nothing herein contained shall be construed to prohibit the department from taking special samples for analysis and making special tests in order to assure all milk and milk products comply with the minimum standards of freshness, quality and palatability. In the event the department determines a processor’s or a manufacturer’s shelf-life for a given product is improper, the department shall immediately take such samples as are necessary for full and complete recheck of the shelf-life of the product. If the full and complete recheck confirms that the shelf-life of the product is improper, the department shall serve written notice on the processor or manufacturer and the processor or manufacturer immediately upon receipt of such notice shall alter the shelf-life expiration date of the product to comply with the department tests. Compliance shall be with the next processing of the product after receipt of such department notice.
640(b) To extend the shelf-life expiration date of a qualifying product, the processor shall submit a written request to the Division of Dairy Industry specifying the product to be tested and supplying test results which indicate that the product is acceptable for at least ten (10) days or for an additional two (2) days over the current code period. This information must be compiled from current records that cover a period of at least thirty (30) days. The department will collect in Florida two series of duplicate samples of the product during a four week period. The first duplicate sample will be used for routine analysis, the second will be stored at 43° F plus or minus 2° F until six (6) days past the expiration date and then evaluated as acceptable or unacceptable. Both series of samples must be acceptable for six (6) days past the expiration date for the extension request to be granted. If acceptable, the processor will be notified in writing and the product must remain at this new code level for at least six (6) months before any additional code is requested. If unacceptable, the processor will be notified in writing and at least six (6) months must pass before another request is initiated for the product.
852(3) Chemical, bacteriological and temperature standards for manufacture of grade A products:
864Grade A raw milk for pasteurization, ultra pasteurization or aseptic processing
875Temperature, Bacterial Limits, Drugs, and Somatic
881Standards shall be the same as those listed in Section 7 of the
894PMO.
895Cell Count
897Added Water
899Freezing point not to exceed -0.526º H.
906Grade A pasteurized or ultra pasteurized milk and milk products and bulk shipment heat treated milk products
923Temperature, Bacterial Limits, Coliform, Phosphatase,
928and Drugs
930Standards shall be the same as those listed in Section 7 of the
943PMO.
944Added Water
946Freezing point not to exceed -0.526º H.
953Grade A aseptically processed milk and milk products
961Temperature, Bacterial Limits and Limits and Drugs
968Standards shall be the same as those listed in Section 7 of the
981PMO.
982Added Water
984Freezing point not to exceed -0.526º H.
991(4) Chemical, bacteriological and temperature standards for Frozen Desserts:
1000Raw Milk and Cream
1004Temperature
1005Not to exceed 45º F (7º C).
1012Bacterial Limits
1014Milk – not to exceed 500,000 CFU/ml. In no case shall raw
1027milk have a standard plate or direct microscopic clump
1036count in excess of 1,000,000 CFU/ml.
1044Drugs
1045Milk and cream – No positive result with drug residue methods
1056referenced in Section 6 of the PMO.
1063Somatic Cell Count
1066Not to exceed 750,000/ml; Goat’s milk – Not to exceed
10771,500,000.
1080Frozen Desserts and Other Products Defined in this Chapter
1089Temperature
1090Pasteurized Mix (plain) 45º F (7º C). Pasteurized Mix
1099(flavored) 45º F (7º C). Frozen Desserts 0º F (-17.8º C).
1110Other – 0º F (-17.8º C).
1116Bacterial Limits*
1118Pasteurized Mix (plain) 50,000 CFU/gram. Pasteurized Mix
1126(flavored) 50,000 CFU/gram. Frozen Desserts – 50,000
1135CFU/gram. Other – 50,000 CFU/gram.
1141Drugs
1142No positive result with drug residue methods referenced in
1151Section 6 of the PMO.
1156Coliform
1157Pasteurized Mix (plain) 10 CFU/gram. Pasteurized Mix
1164(flavored) 20 CFU/gram. Frozen Desserts (plain) 10
1171CFU/gram. Frozen Desserts (bulky flavored) 20 CFU/gram.
1178Other (plain) 10 CFU/gram. Other (bulky flavored) 20
1186CFU/gram.
1187Phosphatase
1188Less than 1 microgram per ml. (less than 500 milliunits/L
1198by the Fluorometric Procedure) or equivalent.
1204*Not applicable to cultured products
1209Dry Dairy Products
1212Dry dairy products used as ingredients in frozen desserts shall meet the requirements for “Extra Grade” or better as defined by the U.S. Standards for Grades for the particular product.
1242(5) Chemical, Bacteriological, and Temperature Standards for Manufactured Milk Products.
1252Raw milk for manufactured milk products.
1258Temperature
1259Cooled to 50º F (10º C) or less within four (4) hours or
1272less, of the commencement of the first milking, and to
128245º F (7º C) or less within two hours after the completion
1294of milking. Provided, the blend temperature after the
1302first and subsequent milkings does not exceed 50º F
1311(10º C).
1313Bacterial limits
1315Individual producer milk not to exceed 500,000 CFU/ml.
1324prior to commingling with other producer milk. Not to exceed
13341,000,000 CFU/ml. as commingled milk prior to processing.
1344Drugs
1345No positive result with drug residue methods referenced in
1354Section 6 of the PMO.
1359Somatic Cell Count
1362Individual producer milk: Not to exceed 750,000 per ml. Goat
1373milk: Not to exceed 1,000,000 per ml.
1382Cheeses made with pasteurized milk or pasteurized reconstituted milk
1391Temperature
1392Cheeses shall comply with 13967 CFR Part 58.154.
1400Coliforms
1401Not to exceed 10/gram.
1405Phosphatase
1406Negative
1407Cheeses made from non-pasteurized (raw) milk shall comply with 14167 CFR Part 58.439.
1420Temperature
1421Cheeses shall comply with 14257 CFR Part 58.154.
1429Coliforms
1430Not to exceed 10/gram.
1434Phosphatase
1435Negative
1436E. coli
<1/gram
1438Pathogens
1439None
1440Butter
1441Temperature
1442Not to exceed 40°F.
1446Coliforms
1447Not to exceed 10/gram.
1451Mold
1452Not to exceed 20/gram.
1456Rulemaking Authority 1458502.014, 1459503.031 FS. Law Implemented 1463502.014, 1464502.042, 1465502.091, 1466503.031 FS. History–New 9-21-67, Amended 9-26-69, 12-24-71, 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.07, Amended 10-9-86, 5-19-87, 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 10-15-03, 4-14-08.