Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 50 - Milk and Milk Products › Section 902 KAR 50:010 - Definitions for milk and milk products

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217.015,
				217.025,
				217.035,
				217C.030,
				247.4453,
				247.453,
				7 C.F.R. 58.101,
				21
				C.F.R. 131.3(b),
				133.3(d),
				135.3,
				178.1010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet.
				KRS
				211.180(1)(c) authorizes the
				cabinet to promulgate administrative regulations for the safe handling of food
				and food products.
				KRS
				217C.040 authorizes the cabinet to regulate
				the production, transportation, processing, handling, sampling, examination,
				grading, labeling, standards of identity, sale and other matters relating to
				milk and milk products as may be necessary to protect the public health. This
				administrative regulation defines terms applicable to 902 KAR Chapter
				50.
Section 1. Definitions.
(1) "Adulterated " means any milk or milk
			 product adulterated as provided by
			 KRS
			 217.025.
(2) "Cabinet" is defined by
			 KRS
			 217C.030(2).
(3) "Certified sample collector" or
			 "Certified sampler" means an employee of the department, fieldman or milk
			 hauler who has been approved to collect milk samples for regulatory
			 purposes.
(4) "Cleaned-in-place"
			 means the procedure by which sanitary pipeline or pieces of dairy equipment are
			 mechanically cleaned-in-place by circulation.
(5) "Dairy farm" means a place where one (1)
			 or more milking cows or goats are kept for milking purposes, and from which a
			 part or all of the milk produced is delivered, sold, or offered for sale to a
			 dairy, plant, receiving station or transfer station.
(6) "Department" means the Department for
			 Public Health.
(7) "Distributor"
			 means a permitted person, place, or location that sells or contributes
			 permitted products to the consumer.
(8) "Goat milk" is defined by
			 7 C.F.R.
			 58.101(k)(2).
(9) "Grade A milk and milk products" means
			 those products produced, processed, transported and distributed in accordance
			 with
			 902
			 KAR 50:110.
(10) "Handler" is defined by
			 KRS
			 247.453(7).
(11) "Inspector" means an employee of the
			 department who is qualified, trained, and authorized to:
(a) Perform dairy farm or plant inspections,
			 or both;
(b) Grade raw
			 milk;
(c) Evaluate quality control
			 programs of milk plants; and
(d)
			 Carry out the enforcement procedures of the department's administrative
			 regulations relating to milk and milk products.
(12) "Manufactured milk and milk products"
			 means those products produced, processed, transported and distributed in
			 accordance with the department's manufacturing milk administrative
			 regulations.
(13) "Milk" is defined
			 by 21
			 C.F.R. 131.110(a).
(14) "Milk grader" means a person who is
			 qualified for the grading of raw milk in accordance with quality standards and
			 procedures.
(15) "Milk hauler" or
			 "hauler" means any person who transports milk or raw milk products to or from a
			 milk plant, receiving station or transfer station.
(16) "Milk plant" or "plant" means any place,
			 premises, or establishment where milk or milk products are processed, stored,
			 pasteurized, aseptically processed and packaged, or prepared for
			 distribution.
(17) "Misbranded "
			 means any milk or milk product misbranded as provided by
			 KRS
			 217.035.
(18) "Official laboratory" means the
			 biological, chemical, or physical laboratory which is under the direct
			 supervision of the department.
(19)
			 "Officially designated laboratory" means a designated milk industry or
			 commercial laboratory authorized by the department for the examination of
			 producer samples, commingled milk tank truck samples, milk containers, or
			 finished products.
(20)
			 "Pasteurized" is defined by:
(a)
										7 C.F.R.
			 58.101(n) for products
			 having dairy ingredients with a fat content of ten (10) percent or more, or
			 contain added sweeteners, and condensed milk;
(b)
										21
			 C.F.R. 131.3(b) for milk and
			 cream;
(c)
										21
			 C.F.R. 133.3(d) for cheese
			 and related cheese products; and
(d)
										21
			 C.F.R. 135.3 for frozen desserts.
(21) "Person" is defined by
			 KRS
			 217.015(32).
(22) "Producer" is defined by
			 KRS
			 247.4453(3).
(23) "Receiving station" is defined by
			 7 C.F.R.
			 58.101(y).
(24) "Sanitizing solution" is defined by
			 21 C.F.R.
			 178.1010.
(25) "Transfer station" is defined by
			 7 C.F.R.
			 58.101(z).
(26) "Use by" means the date on a consumer
			 package or container of Grade A pasteurized milk or milk products subsequent to
			 the date of manufacturing, processing or packaging that represents the period
			 of time the product will remain unspoiled and acceptable for consumption when
			 transported, handled and stored under approved conditions. The terms "Sale by"
			 or "Best if used by" shall have the same meaning as "use
			 by".