Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 27.00 - Standards and Sanitation Requirements for Grade A Raw Milk › Section 27.02 - Definitions

Current through Register 1525, July 5, 2024
The following definitions shall apply in the interpretation and
				enforcement of
				330 CMR 27.00:
Adulterated
. In the case of milk or
				milk products, means the definition in M.G.L. c. 94, § 186 which pertains
				to food.
Aseptic Processing
. The process
				whereby milk or a milk product has been subjected to sufficient heat processing
				and packaged in a hermetically sealed container in conformance with the
				applicable requirements of 21 CFR 113 and the provisions of 105 CMR 541.010(S)
				through (U) to maintain the commercial sterility of the product under normal
				nonrefrigerated conditions.
Board of Health
. The appropriate and
				legally designated health authority of the city, town, or other legally
				constituted governmental unit within the Commonwealth of Massachusetts having
				the usual powers and duties of the board of health of a city or town.
Bulk Milk Pickup Tanker
. A vehicle,
				including the truck and tank and those appurtenances necessary for its use,
				used by a milk hauler to transport bulk raw milk for pasteurization from a
				dairy farm to a transfer station, receiving station or pasteurization
				plant.
Certificate of Registration and
				Certification
. Approval by the Commonwealth of Massachusetts to
				produce and sell milk as provided by M.G.L. c. 94, § 16.
Commissioner
. The Commissioner of the
				Department of Agricultural Resources.
Dairy Farm
. A place or premises where
				more than two cows are kept and a part or all of the milk produced thereof is
				sold or delivered for sale to any person.
Department
. The Massachusetts
				Department of Agricultural Resources and its Divisions, agents, and
				employees.
Director
. The Director of the Division
				of Animal Health.
Drug
. Articles recognized in the
				official United States Pharmacopeia, official Homeopathic Pharmacopeia of the
				United States, or the official National Formulary, or any supplement to any of
				them; and articles intended for use in the diagnosis, cure, mitigation,
				treatment, or prevention of disease in humans or other animals, and articles
				(other than food) intended to affect the structure or any function of the body
				of humans or other animals, and; articles intended for use as a component of
				any articles specified in the above, but does not include devices or their
				components, parts or accessories.
Grade "A"
. Milk and milk products
				which comply with the provisions of
				330 CMR 27.00.
Grade "A" Fluid Milk and Milk
				Products
. Includes skim milk, lowfat milk, buttermilk, cultured
				buttermilk, acidified buttermilk, cultured skim milk, acidified milk, acidified
				lowfat milk, acidified skim milk, low sodium milk, lactose-reduced acidified
				milk, lactose-reduced skim milk, ultra pasteurized milk, asceptically processed
				and packaged milk, milk or lowfat milk or skim milk with added safe and
				suitable microbial organisms, and any other milk products made by the addition
				or subtraction of milk fat or addition of safe and suitable optional
				ingredients for protein, vitamin, or mineral fortification herein, irrespective
				of the way that the product is flavored, and any other dairy product designated
				by the Commissioner.
Fluid Milk and Milk Products
are not
				intended to include products such as butter, cottage cheese, lowfat cottage
				cheese, dry curd cottage cheese, hard and soft cheeses, cream, light cream,
				light whipping cream, whipped cream, whipped light cream, sour cream, acidified
				sour cream, cultured sour cream, dietary products, half-and-half, infant
				formula, ice cream and other desserts, concentrated milk, concentrated milk
				products, condensed milk, dry milk and milk products, evaporated milk,
				evaporated skim milk, reconstituted or lowfat yogurt, nonfat yogurt, whey,
				condensed and dry whey, and whey products, or any other dairy product
				designated by the Commissioner, except when they are combined with other
				substances to produce any pasteurized, ultra-pasteurized, or aseptically
				processed milk or milk product defined herein.
Any product referred to in
Grade "A" Fluid Milk and
				Milk Products
shall comply with the provisions of
				330 CMR 27.00.
Law
. All applicable federal, state and
				local statutes, ordinances and regulations.
Milk
. The lacteal secretion,
				practically free from colostrum, obtained by the complete milking of one or
				more healthy cows or goats. Milk that is in final package form for beverage use
				shall contain not less than 8.25% milk solids not fat and not less than 3.25%
				milkfat for cow milk. Goat milk shall contain not less than 2.5% milkfat and
				not less than 7.5% milk solids not fat. Milk may be adjusted by separating part
				of the milkfat therefrom or by adding cream thereto.
Milk Dealer
. Any person who offers for
				sale or sells to another any milk or milk product.
Milk Plant
. Any place, premises or
				establishment where milk or milk products are collected, handled, processed,
				stored, pasteurized, aseptically processed, bottled, or prepared for
				distribution.
Milk Producer
. Any person who operates
				a dairy farm and provides, sells, or offers milk for sale to a milk plant,
				receiving station or transfer station, or as raw for retail.
Milk Tank Truck
. Either a bulk milk
				pickup tanker or a milk transport tank.
Milk Transport Tank
. A vehicle,
				including the truck and tank, used by a milk hauler to transport bulk shipments
				of milk or milk products from a transfer station, receiving station or milk
				plant to another transfer station, receiving station or milk plant.
Misbranded
. In the case of milk and
				milk products, means the definition in M.G.L. c. 94, § 187 which pertains
				to food.
Official Laboratory
. An official
				laboratory is a biological, chemical, or physical laboratory which is under the
				direct supervision of the state or a local regulatory agency.
Officially Designated Laboratory
. An
				officially designated laboratory is a commercial laboratory authorized to do
				official work by the regulatory agency, or a milk industry laboratory
				officially designated by the regulatory agency 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.
Pasteurization or Pasteurized
. Or a
				similar term means the process of heating every particle of milk or milk
				product, in properly designed and operated equipment, to one of the applicable
				temperatures and holding every such particle continuously at or above that
				temperature for at least the corresponding time specified.
Pasteurization Plant
. Any place,
				premises or establishment where raw milk, milk or milk products are
				pasteurized, ultra-pasteurized or aseptically processed. A pasteurization plant
				may include milk plants, receiving stations, and transfer stations.
Person
. Any individual, plant
				operator, partnership, corporation, company, firm, trustee, association or
				institution.
Potable Water Source
. Any source or
				supplier of water approved by the Department of Environmental Protection or the
				Department of Public Health.
Raw Milk for Pasteurization
. Grade "A"
				milk and raw products thereof which comply with sanitary standards for
				production, transportation, receiving, handling, storage, processing,
				distribution and sale as determined by the Commissioner of the Department of
				Agricultural Resources in
				330 CMR 27.00.
Receiving Station
. Any place,
				premises, or establishment where raw milk is received, collected, handled,
				stored, or cooled and prepared for further transporting.
Regulatory Agency
. The Massachusetts
				Department of Agricultural Resources and its subdivisions.
Sanitization
. The application of any
				effective method or substance to a clean surface for the purpose of
				inactivation or destruction of pathogens, and of other organisms as far 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
				Department.
Sterilized
. As applied to piping,
				equipment or containers used for milk and milk products, means the condition
				achieved by application of heat, chemical sterilant(s), or other appropriate
				treatment that renders the piping, equipment or containers free of viable
				microorganisms.
Transfer Station
. Any place, premises
				or establishment where milk or milk products are transferred directly from one
				milk tank truck to another.
Ultra Pasteurized
. 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 that has an extended shelf life
				when kept at 45°F or below.
3-A Sanitary Standards
. For dairy
				equipment are promulgated jointly by the Sanitary Standards Subcommittee of the
				Dairy Industry Committee, the Committee on Sanitary Procedure of the
				International Association of Milk, Food and Environmental Sanitarians, Inc.,
				and the Milk Safety Branch, Bureau of Foods, Food and Drug Administration,
				Public Health Service, Department of Health and Human Services. Equipment
				manufactured in conformity with 3-A Sanitary Standards complies with the
				sanitary design and construction standards of
				330 CMR 27.00.