2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5.5 - DAIRY PRODUCTS, IMITATION DAIRY PRODUCTS, AND FROZEN DESSERTS (§§ 25-5.5-101 — 25-5.5-312) › Part 1 - DAIRY PRODUCTS (§§ 25-5.5-101 — 25-5.5-117) › Section 25-5.5-101 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Cheese" means the fresh or matured product obtained by the draining, after coagulation, of milk, cream, skimmed or partly skimmed milk, or a combination of some or all of these products, including any cheese that conforms to the provisions of the definitions and standards of identity for cheese and cheese products, a regulation of the food and drug administration,
21 CFR 133.3
.
(2)
"Cream" means the liquid milk product which is high in fat and separated from milk and which may have been adjusted by adding milk, concentrated milk, dry whole milk, or nonfat dry milk and which contains not less than eighteen percent milk fat.
(3)
"Dairy farm" means the place or premises on which one or more lactating hooved animals are kept and from which a part or all of the milk produced thereon is delivered, sold, or offered for sale to a dairy plant for manufacturing purposes.
(4)
(a)
"Dairy plant" means any place, premises, or establishment where milk or dairy products are received or handled for processing or manufacturing and where they are prepared for distribution.
(b)
For the purposes of this subsection (4), "dairy plant", when used in connection with the requirements therefor or the licensing thereof, means any establishment that manufactures dairy products; except that any "dairy plant" that is located in an establishment licensed pursuant to part 16 of article
4
of this title is exempt from the licensing requirements of this article if such establishment sells or serves dairy products exclusively and directly to the final consumer of the product.
(5)
"Dairy products" means food products manufactured from milk or cream or from any combination of milk and cream with other food ingredients intended for human consumption, including, but not limited to, butter, natural or processed cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated whole milk or skim milk, condensed whole milk, condensed skim milk, or ice cream or other frozen desserts specified in part 3 of this article. "Dairy products" does not include milk or milk products as defined in the grade A pasteurized milk ordinance, 1978 recommendations of the United States public health service, food and drug administration, superintendent of documents number HE 20.4002:M59-3.
(6)
"Department" means the department of public health and environment or its authorized representative.
(7)
"Goat milk" means the lacteal secretion, practically free from colostrum, which is obtained by the complete milking of healthy goats.
(8)
"HTST method" means the high temperature short-time method of pasteurization.
(9)
"Manufacturing milk" means milk produced for processing and manufacturing into dairy products for human consumption but not subject to grade A or comparable requirements.
(10)
"Milk" means the lacteal secretion, practically free from colostrum, which is obtained by the complete milking of healthy cows, excluding that milk obtained less than eight days before and less than four days after calving or for such longer period as may be necessary to render the milk practically colostrum free, and which contains not less than eight and one-quarter percent nonfat milk solids and not less than three percent milk fat; except that, in those instances where the normal secretion of the cows is less than three percent milk fat, this product shall be accepted as milk for manufacturing purposes.
(11)
"Milk sampler" means a person licensed by the department who is qualified and trained to sample or test milk or cream for the purpose of payment and includes a bulk milk hauler that collects milk from dairy farms.
(12)
"Official methods" means official methods of analysis of the association of official analytical chemists, 13th edition, 1980, a publication of the association of official analytical chemists, as amended, supplemented, or republished.
(13)
"Pasteurization" means the process of heating every particle of milk or milk product in properly designed and operated equipment to one of the temperatures provided in the following table and held continuously at or above that temperature for at least the corresponding specified time.
Temperature
Time
*145 degrees F ( 63 degrees C)
30 minutes
*161 degrees F ( 72 degrees C)
15 seconds
191 degrees F ( 89 degrees C)
1 second
194 degrees F ( 90 degrees C)
0.5 second
201 degrees F ( 94 degrees C)
0.1 second
204 degrees F ( 96 degrees C)
0.05 second
212 degrees F (100 degrees C)
0.01 second
*If the fat content of the milk product is ten percent or more or if it contains added sweeteners, the specified temperature shall be increased by five degrees Fahrenheit (three degrees Celsius).
(14)
"Pasteurized" means treated pursuant to the pasteurization process specified in subsection (13) of this section.
(15)
"Person" means any individual, firm, association, corporation, or partnership doing business in this state, in whole or in part, and any officer, agent, servant, and employee thereof.
(16)
"Producer" means the person who exercises control over the production of the milk delivered to a processing plant or receiving station and who receives payment for this product.
(17)
To "sanitize" means to treat a clean surface with any effective method or substance acceptable to the department for the destruction of pathogens and other organisms as far as is practical without adversely affecting the equipment, the milk or milk product, or the health of consumers.
(18)
"Standard methods" means the standard methods for the examination of dairy products, 13th edition, 1972, a publication of the American public health association, as amended, supplemented, or republished.
(19)
"Test" means the process of determining the milkfat content of milk and milk products for the purpose of buying or selling milk or milk products. All tests shall be conducted and samples shall be collected in accordance with the standard methods specified in subsection (18) of this section or any other method approved by the department.
(20)
"Transfer or receiving station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another or where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. The term "transfer or receiving station" shall not include a dairy farm.
L. 85: Entire article added, p. 887, § 1, effective April 5. L. 90: (4)(b) amended, p. 1319, § 1, effective July 1. L. 94: (6) amended, p. 2779, § 490, effective July 1. L. 2009: (3) and (4)(b) amended and (20) added, (HB 09 -1320), ch. 350, p. 1830, § 1, effective June 30.
For the legislative declaration contained in the 1994 act amending subsection (6), see section 1 of chapter 345, Session Laws of Colorado 1994.