Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter C - RULES FOR THE MANUFACTURE OF FROZEN DESSERTS › Section 217.45 - Examination and Standards for Frozen Desserts

Current through Reg. 49, No. 28; July 12, 2024
(a) During any consecutive six months, at
				  least four samples of raw milk intended for use in the manufacture of frozen
				  desserts shall be collected and examined by the department. In addition, during
				  any consecutive six months, the department shall collect and examine at least
				  four samples of frozen desserts from dairy retail stores, food service
				  establishments, grocery stores, and other places where frozen desserts are sold
				  may be examined periodically as determined by the department. Proprietors of
				  such establishments shall furnish the department, upon request, with the names
				  of all distributors from whom frozen desserts, or frozen desserts mix are
				  obtained. The examination of samples of pasteurized mix, and/or frozen desserts
				  shall be performed in an official laboratory or in an officially designated
				  laboratory.
(b) Bacterial counts,
				  coliform determinations, phosphatase, tests, and other laboratory and screening
				  tests shall conform to the procedures in the latest edition of "Standard
				  Methods for the Examination of Dairy Products" of the American Public Health
				  Association. Examinations and tests shall include such other biological,
				  chemical, and physical determinations as the department shall deem necessary
				  for the detection of adulteration.
(c) Whenever two of the last four consecutive
				  bacterial counts, coliform determinations, or cooling temperatures taken on
				  separate days exceed the limit of the standard for the milk, cream, milk
				  products, mix or frozen desserts, the department shall send a written notice
				  thereof to the person concerned. This notice shall be in effect so long as two
				  of the last four consecutive samples exceed the limit of the standards. An
				  additional sample shall be taken within 21 days of the date of such notice, but
				  not before the lapse of three days. Immediate product suspension or other
				  appropriate department or court action shall be instituted whenever the
				  standard is violated by three of the last five bacterial counts, coliform
				  determinations or cooling temperatures of samples collected within the
				  six-month period.
(d) The
				  department shall establish the frequency of sampling pasteurized mix or frozen
				  desserts during each six month period for adequate pasteurization as determined
				  by a phosphatase test. In the case of a confirmed positive result, the probable
				  cause shall be determined by and corrected to the satisfaction of the
				  department before the mix is frozen or the frozen dessert is sold.
(e) No process or manipulation other than
				  pasteurization as set forth in §
										217.1 of
				  this title (relating to Definitions), processing methods integral therewith,
				  and appropriate refrigeration shall be applied to milk and milk products for
				  the purpose of removing or deactivating organisms, provided, that nothing shall
				  be construed as barring any other process found equivalent to pasteurization
				  for milk and milk products, which has been recognized by the United States Food
				  and Drug Administration (FDA) as provided in
				  21 U.S.C.
				  §343(h)(3) of the
				  Federal Food, Drug and Cosmetic Act. Only such FDA recognized processes and no
				  other shall be considered by the department.
(f) Raw milk for use in the manufacture of
				  frozen desserts shall comply with all standards set forth in §
										217.73
				  of this title (relating to Raw Milk for Manufacturing Purposes).
(g) Frozen desserts and mix shall comply with
				  the following standards:
(1) bacterial,
				  coliform, and temperature standards for pasteurized mix and frozen desserts as
				  shown in the following chart:
Attached
					 Graphic
(2)
				  bacterial, coliform, and temperature standards for nondairy frozen desserts and
				  nondairy frozen desserts mix as shown in the following chart:
Attached
					 Graphic