Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part VII - Dairy Products Regulations › Chapter 27 - Frozen Desserts › Subchapter A - Supplemental Requirements for Dairy Plants that Manufacture Frozen Desserts › Section VII-2705 - General Information

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Dairy plants that manufacture frozen desserts including frozen dessert mixes
				  shall conform with the basic requirements for frozen dessert manufacturing
				  plants in
				  §2703 of this Part and with the
				  following additional requirements.
1. If the
				  powdered or dry frozen dessert mix contains any dairy product, egg ingredient
				  or other potentially hazardous food ingredient, the mix shall be pasteurized,
				  ultra pasteurized or aseptically processed following reconstitution using
				  pasteurization, ultra pasteurization or aseptic processing methods specified in
				  this Part.
2. Optional dairy
				  ingredients shall be derived from Grade A raw milk for pasteurization or
				  manufacturing grade raw milk for pasteurization (milk for manufacturing
				  purposes) obtained from sources that are in substantial compliance with the
				  requirements of this Part and are approved by the state health
				  officer.
3. Dry dairy products used
				  in the manufacture of frozen desserts for which grades and grading criteria are
				  specified in this Part shall be Grade A or extra grade. Products of a lower
				  grade shall not be used.
4.
				  Non-milk derived ingredients used in the manufacture of frozen desserts shall
				  have been determined by the FDA to be GRAS for use in frozen
				  desserts.
5. All dairy ingredients
				  used in the manufacture of frozen desserts shall be produced, packed, held and
				  shipped in a manner consistent with the requirements of this Part.
6. All non-milk derived ingredients shall be
				  purchased only from suppliers which certify or guarantee that their product has
				  been produced and handled in a manner that will assure a safe and wholesome
				  ingredient which will not adulterate the finished product. Records of such
				  verification or guarantee shall be available for review by the state health
				  officer.
7. A safety and quality
				  inspection of all incoming non-milk derived ingredients shall be performed.
				  Records of the results of these inspections, corrective actions taken when
				  problems are identified and the date and initials of the person performing the
				  inspection shall be maintained and made available to the state health officer.
				  The inspection shall include an evaluation for conditions related to:
a. product identity and labeling;
b. package condition and integrity;
c. bulging;
d. leaking;
e. dirt/grime;
f. insect infestation;
g. rodent damage; and
h. off-odors and non-food materials
				  (especially toxic compounds) or residues of such materials in the truck or
				  other conveyance.
8. All
				  ingredients used in the manufacture of frozen desserts shall be stored and
				  handled in such a manner as to preclude their contamination. Particular
				  attention shall be given to closing or resealing of containers that have been
				  opened and the contents of which have been partially used.
9. Dusty raw ingredient blending or
				  liquification operations which create powdery conditions shall not be conducted
				  in areas where pasteurized products are handled or stored.
10. Mix preparation operations in which
				  ingredients are exposed shall be conducted in processing areas. Except when
				  ingredients are being added, all openings into vessels and lines containing
				  product shall be covered. The outer box or wrapper of powdered ingredients
				  shall be removed prior to dumping into mixing vessels.
11. All liquid ingredients which will support
				  bacterial growth shall be kept or immediately cooled to 7 ° C (45 ° F) or
				  below.
12. Pasteurization, ultra-
				  pasteurization and aseptic processing shall be performed on the following
				  products.
a. All frozen dessert mixes, dairy
				  and non-dairy shall be pasteurized, ultra-pasteurized or aseptically processed,
				  provided that the state health officer may exempt some specific frozen dessert
				  mixes that do not contain dairy ingredients and do not support the growth of
				  pathogenic microorganisms of human significance from this requirement dependent
				  upon their ingredients and manner of processing.
b. Pasteurization, ultra-pasteurization and
				  aseptic processing of frozen dessert mixes shall be performed in equipment and
				  using procedures that conform with the requirements of the
PMO
for pasteurization and with current applicable 3-A sanitary standards as
				  approved by the state health officer.
c. Frozen desserts to be sold or distributed
				  to retail outlets shall be frozen and packaged at the plant in which the frozen
				  dessert mix was made and pasteurized provided that the state health officer may
				  authorize dairy plants that have implemented HACCP systems that comply with the
				  requirements of this Part to freeze, partially freeze or package frozen
				  desserts from mixes that were pasteurized, ultra-pasteurized or aseptically
				  processed in other plants.
i. The following
				  minimum times and temperatures shall apply to pasteurization of frozen dessert
				  mixes:
(a). 68 ° C (155 ° F) for 30
				  minutes;
(b). 79 ° C (175 ° F) for
				  25 seconds;
(c). 82 ° C (180 ° F)
				  for 15 seconds;
(d). 88 ° C (191 °
				  F) for 1.0 second;
(e). 90 ° C (194
				  ° F) for 0.5 second;
(f). 93 ° C
				  (201 ° F) for 0.1 second;
(g). 95 °
				  C (204 ° F) for 0.05 second; and,
(h). 100 ° C (212 ° F) for 0.01
				  second.
d.
				  Should scientific evidence indicate that the above temperatures or times are
				  not adequate to destroy pathogenic microorganisms of human significance or for
				  any other reason, may not be adequate to protect the public's health, the state
				  health officer may, with the concurrence of the FDA, immediately require that
				  all pasteurized dairy products sold in the state be pasteurized at temperatures
				  or times recommended to be adequate by the FDA. Should the FDA hereafter
				  determine that any of the requirements for pasteurization or
				  ultra-pasteurization contained in the PMO are not adequate to protect the
				  public's health and require a change in any of the aforesaid requirements, the
				  state health officer shall immediately require that all pasteurization or
				  ultra-pasteurized products sold in the state conform with the new FDA
				  requirements for pasteurization or ultra-pasteurization. Nothing shall be
				  construed as barring any other pasteurization process, which has been
				  recognized by the FDA to be equally efficient and which is approved by the
				  state health officer.
13. The only ingredients that shall be added
				  after pasteurization, ultra-pasteurization or aseptic processing are the
				  following flavoring and coloring ingredients:
a. those subjected to prior heat treatment
				  sufficient to destroy pathogenic microorganisms;
b. those of 0.85 percent water activity or
				  less;
c. those with a pH of less
				  than 4.7;
d. roasted nuts (added at
				  freezer);
e. those that contain
				  high alcohol content;
f. bacterial
				  cultures; and
g. those that have
				  been subjected to any other process which will assure that the ingredient is
				  free of pathogenic microorganisms of human significance.
14. Reclaim or Rework Operations. Reclaim or
				  rework operations are all activities associated with the recovery, handling,
				  and storage of processed or partially processed products for use as an
				  ingredient in products to be used for human consumption.
a. Product that has entered the distribution
				  channels or has been temperature-abused, tampered with or exposed to chemical
				  or biological contamination shall not be reclaimed or reworked for use as an
				  ingredient in other products for human consumption.
b. Reclaimed or reworked products and reclaim
				  or rework operations shall conform with the following requirements.
i. Reclaim areas and equipment shall be
				  constructed, maintained and protected in a manner that is in substantial
				  compliance with the requirements for production and processing areas contained
				  in this Part.
ii. Products that
				  have left the premises of the plant in which it was packaged shall not be
				  reclaimed or reworked.
iii. All
				  products to be reclaimed shall be maintained at 7 ° C (45 ° F) or below.
				  Product salvaged from defoamers and tank or line rinsing shall be immediately
				  cooled to 7 ° C (45 ° F) or below.
iv. Packages of products to be reclaimed or
				  reworked shall be clean and free of contamination. Products from leaking or
				  badly damaged containers shall not be reclaimed or reworked.
v. Packaged products shall be opened in such
				  a manner as to minimize the potential for contamination. Containers shall not
				  be opened by slashing, smashing or breaking.
vi. Woven wire strainers shall not be used in
				  reclaim or rework operations.
vii.
				  Reclaim or rework dump stations and tanks shall be covered except when products
				  are actually being dumped through the openings.
viii. Reclaim or rework storage tanks shall
				  be equipped with adequate thermometers.
ix. Reclaimed or reworked products shall be
				  handled as a raw dairy ingredient.
x. Cleaning and sanitizing requirements shall
				  be the same as those for other raw ingredient handling equipment.
xi. It is recommended that higher than
				  minimum temperatures and times be used in the pasteurization of product
				  containing reclaimed or reworked ingredients.
xii. The dairy plant shall take appropriate
				  steps to preclude the contamination of products or equipment with allergenic
				  and sensitivity producing reclaim or reworked ingredients or substances that
				  will not be appropriately declared in the labeling of the final container of
				  product.
15.
				  Allergen and Sensitive Producing Ingredients Control
a. Due to the large number of allergens and
				  sensitivity producing ingredients usually present in frozen dessert operations,
				  each plant shall have a trained individual study each ingredient used in the
				  plant and the processing steps and sequence used in the manufacture of each
				  product. He shall determine where, how and when potentials exist for an
				  allergen to inadvertently enter products.
b. The plant shall take appropriate steps to
				  preclude the contamination of all products with allergens and sensitive
				  producing ingredients that will not be declared in the labeling of the final
				  container of each product.
16. Packaging of Frozen Desserts. Frozen
				  dessert products shall be packaged in unused single service containers,
				  obtained from a source approved by the state health officer, which protects the
				  contents from contamination and after packaging shall be stored in a sanitary
				  manner.
a. Packaging and closing or capping
				  of all containers of half-gallon or less shall be performed in a sanitary
				  manner in mechanical equipment that conforms with the applicable 3-A Sanitary
				  Standards. Hand capping of such containers is prohibited.
b. Upright open containers and all closures
				  shall be protected from contamination by overhead shields.
c. Caps or covers shall extend over the lip
				  of the container on all cups, tubs or containers of can-type
				  configuration.
d. A date, code or
				  lot number that identifies the date, run or batch from which the contents
				  originated, shall be prominently displayed on each final container (container
				  that will reach the final consumer) of dairy product in indelible ink (or
				  equivalent). The date, code or batch shall be printed on the container or label
				  in such a manner that it cannot be removed, changed or defaced.
17. All frozen desserts including
				  frozen dessert mixes shall conform with the standards of identity prescribed by
				  this Part.
18. Frozen desserts,
				  including frozen dessert mixes shall conform with the following temperature and
				  bacteriological standards:
a. cooled to 7 ° C
				  (45 ° F) or less and maintained thereat;
b. bacteriological limits - not to exceed
				  50,000 cfu per gm (Cultured products are exempt from this
				  requirement);
c. coliform count
				  limits - not to exceed 10 per gram, except that the coliform count of those
				  frozen desserts which contain fruit, nuts, chocolate or other bulky flavors
				  shall not exceed 20 per gram; and,
d. pathogens - no pathogenic microorganisms
				  of human significance.