Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 15 - MILK › Section 11-15-2 - Definitions

Current through June, 2024
As used in this chapter:
"Adulterated milk and milk products" means any milk or milk
				  product that is found to be adulterated within the meaning of section
				  328-9,
				  HRS.
"Aseptically processed milk and milk products" means milk
				  and milk products so thermally processed and hermetically sealed in a container
				  in conformance with 21 CFR Part 113 and the provisions of this chapter as to
				  render the product free of microorganisms capable of reproducing in the product
				  under normal non-refrigeration conditions of storage and distribution. The
				  product shall be free of viable microorganisms (including spores) of public
				  health significance.
"Aseptic processing" or "aseptic processed" is the process
				  to produce aseptically processed milk and milk products.
"Bulk milk pickup tanker" means a vehicle including the
				  truck, tank, and those appurtenances necessary for its use, which is used by a
				  milk hauler to transport bulk raw milk for pasteurization from a dairy farm to
				  a transfer station, receiving station, or milk plant.
"Dairy farm" means any place or premise where one or more
				  cows or goats are kept, and from which a part or all of the milk or milk
				  product from the cows or goats is provided, sold, or offered for sale to a milk
				  plant, transfer station, or receiving station.
"Department" means the department of health of the State of
				  Hawaii.
"Director" means the director of health of the State of
				  Hawaii or a duly authorized agent or representative.
"Hermetically sealed container" means a container which has
				  been approved as a hermetically sealed container by the United States Food and
				  Drug Administration or is designed and intended to be secure against the entry
				  of microorganisms and thereby maintain the commercial sterility of its contents
				  after processing.
"Homogenized" or "homogenization" means a milk or a milk
				  product which has been treated to insure breakup of the fat globules to such an
				  extent that, after forty-eight hours of quiescent storage at 45°F(7°C),
				  no visible cream separation occurs on the milk or milk product and the fat
				  percentage of the top one hundred milliliters of milk in a quart, or of
				  proportionate volumes in containers of other sizes, does not differ by more
				  than ten per cent from the fat percentage of the remaining milk or milk product
				  as determined after thorough mixing.
"Milk distributor" means any person who offers for sale or
				  sells to another any milk or milk products.
"Milk hauler" means any person who transports raw milk or
				  raw milk products, or both, to or from a milk plant, receiving station, or
				  transfer station.
"Milk plant" means any place, premise, or establishment
				  where milk or milk products are collected, handled, processed, stored,
				  pasteurized, ultra-pasteurized, aseptically processed, bottled, or prepared for
				  distribution.
"Milk producer" or "producer" means any person who operates
				  a dairy farm and provides, sells, or offers any milk for sale to a milk plant,
				  receiving station, or transfer station.
"Milk products" mean and include cream, light cream, light
				  whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light
				  cream, sour cream, acidified sour cream, cultured sour cream, half-and-half,
				  sour half-and-half, acidified sour half-and-half, cultured half-and-half,
				  reconstituted or recombined milk and milk products, concentrated milk,
				  concentrated milk products, skim milk, lowfat milk, frozen milk concentrate,
				  eggnog, buttermilk, cultured milk, cultured lowfat milk, cultured skim milk,
				  yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat milk,
				  acidified skim milk, reduced-sodium milk, reduced-sodium lowfat milk,
				  reduced-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat milk,
				  lactose-reduced skim milk, imitation milk and milk products, substitute milk
				  and milk products, aseptically processed and packaged milk and milk products as
				  defined in this section, and milk, lowfat milk or skim milk with added safe and
				  suitable microbial organisms. This definition does not include milk products
				  such as evaporated milk, evaporated skim milk, condensed milk (sweetened or
				  unsweetened), dietary products (except as defined herein), infant formula, ice
				  cream and other frozen desserts, dry milk products (except as defined herein),
				  canned eggnog in a rigid metal container, butter or cheese except when they are
				  combined with other substances to produce any pasteurized or aseptically
				  processed milk or milk product defined in this section.
"Milk tank truck" means both a bulk milk pickup tanker and a
				  milk transport tank.
"Milk transport tank" means a vehicle including the truck
				  and tank used by a milk hauler to transport bulk shipments of milk from a
				  transfer station, receiving station, or milk plant to another transfer station,
				  receiving station, or milk plant.
"Misbranded milk and milk products" means products found to
				  be misbranded within the meaning of section
				  328-10,
				  HRS.
"Official laboratory" means a biological, chemical, or
				  physical laboratory which is under the supervision of the director.
"Officially designated laboratory" means a commercial
				  laboratory or a milk industry laboratory certified by the director for the
				  examination of producer samples of Grade "A" raw milk for pasteurization and
				  commingled milk tank truck samples of raw milk for antibiotic residues and
				  bacterial limits.
"Ordinance" means the Grade "A" Pasteurized Milk Ordinance,
				  1978, Recommendations of the United States Public Health Service, Food and Drug
				  Administration, Publication No. 22 9, United States Department of Health,
				  Education, and Welfare, as amended.
"Pasteurization" or "pasteurized" means the process of
				  heating every particle of milk or milk product in properly designed and
				  operated equipment to one of the temperatures given in the following table, and
				  held continuously at or above that temperature for at least the corresponding
				  specified time:
Temperature
Time
*145°F (63°C)
30 minutes
*161°F (72°C)
15 seconds
191°F (89°C)
1.0 second
194°F (90°C)
0.5 second
201°F (94°C)
0.1 second
204°F (96°C)
0.05 second
212°F (100°C)
0.01 second
*If the fat content of the milk product is ten percent or
				  more, or if the milk product contains added sweeteners, the specified
				  temperature shall be increased by 5°F (3°C); provided, that eggnog
				  shall be heated to at least the following temperature and time
				  specifications:
Temperature
Time
155°F (69°C)
30 minutes
175°F (80°C)
25 seconds
180°F (83°C)
15 seconds
Provided further, that nothing in this definition shall be
				  construed as barring any other pasteurization process which has been recognized
				  by the United States Food and Drug Administration to be equally efficient and
				  which is approved by the director.
"Receiving station" means any place, premise, or
				  establishment where raw milk is received, collected, handled, stored, or cooled
				  and prepared for further transporting.
"Safe and suitable" means that the ingredient:
(1) Performs an appropriate function in the food in which it
				  is used;
(2) Is used at a level no higher than necessary to achieve
				  its intended purpose in that food; and
(3) Is a food additive or color additive as defined in
				  section
				  328-1, HRS, and is
				  used in conformity with regulations established pursuant to section 409 or 706
				  of the Federal Food, Drug and Cosmetic Act.
"Sanitization" or "sanitizing" means the application of any
				  effective method or substance to a clean surface for the destruction of
				  pathogens and other organisms as is practicable. Such treatment shall not
				  adversely affect the equipment, the milk or milk product, or the health of
				  consumers, and shall be acceptable to the director.
"Transfer station" means any place, premise, or
				  establishment where milk or milk products are transferred directly from one
				  transport tank to another.
" 21 CFR" means Title 21 Code of Federal Regulations,
				  effective April 1, 1989, unless otherwise specified in this chapter.
"Ultra high temperature," or "UHT" means that the milk or
				  milk product has been subject to aseptic processing.
"Ultra-pasteurized" means a milk or milk product that has
				  been thermally processed at or above 280°F (138°C) for at least two
				  seconds, either before or after packaging, so as to produce a product which has
				  an extended shelf life under refrigerated conditions.
"Ungraded" means other than Grade "A."