Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 15 - STATE MILK COMMISSION › Chapter 20 - REGULATIONS FOR THE CONTROL AND SUPERVISION OF VIRGINIA'S MILK INDUSTRY › Section 2VAC15-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Administrator" means the administrator of the State Milk
				  Commission.
"Affiliate" means any person having control over a
				  distributor.
"Aggregated base" means the total base of a cooperative
				  association's members.
"Approving authority" means the commissioners of the State
				  Milk Commission.
"Assigned daily base" means the lesser of:
1. The monthly pounds of base assigned to a
				licensed processing general distributor divided by the number of days in the
				month, or
2. The monthly pounds of
				Class I allocated to the assigned producer's base deliveries plus 8.0% divided
				by the number of days in the month.
"Base" means a specified amount of milk which a dairy farmer
				  shall supply periodically and which a distributor shall purchase. Base may be
				  expressed in terms of whole milk or the components of whole milk.
"Base adjusting period" means that time period, specified by
				  regulation, which is used to compare a licensed producer's average monthly
				  production of marketable milk during that period to his established
				  base.
"Base deliveries" means the amount of milk delivered by an
				  individual or a group of base holding dairy farmers which is equal to the bases
				  assigned or the actual deliveries, whichever is less.
"Base establishing period" means the number of months,
				  specified by regulation, used to determine the productive capacity of a new
				  producer for the purpose of allocating base.
"Books and records" means all data, however recorded,
				  pertaining to the business of the person in question.
"Class I" means fluid milk products sold for consumption in
				  approving authority controlled markets or to licensed distributors which sell
				  these products in such markets. Class I products include whole milk, low-fat
				  milk, nonfat milk, flavored milk and buttermilk.
"Class I-A" means products which meet the requirements for
				  Class I fluid milk products but are sold outside of approving authority
				  controlled markets.
"Class II" means products which are not typically fluid milk
				  products or, if in fluid form, have a butterfat content higher than Class I
				  products. Sales of fluid milk products used in commercial cooking and baking
				  processes are classified as Class II products.
"Commission" means the State Milk Commission of
				  Virginia.
"Consumer" means any person other than a milk distributor who
				  purchases milk.
"Cooperative association" means any association of producers,
				  incorporated under state law and qualifying for exemption under the provisions
				  of the "Capper-Volstead Act" ( 7 USC § 291 et seq.), which the approving
				  authority determines to have full authority for the marketing of milk and dairy
				  products of its members.
"Daily base" means an amount determined by dividing a
				  producer's established base by the number of days in the applicable
				  month.
"Delivery period" means the calendar month.
"Distributor" means any person selling, marketing, or
				  distributing milk or milk products other than at retail in the Commonwealth of
				  Virginia.
"Distributor milk" means any skim milk or butterfat contained
				  in milk received from other licensed distributors, except producer general
				  distributors.
"Filled milk" means any combination of nonmilk fat with skim
				  milk so that the product resembles a fluid milk product.
"Fluid milk product" means all processed, pasteurized, and
				  packaged milk, skim milk (including concentrated and reconstituted skim milk),
				  butterfat, milk drinks (plain or flavored), cream, and any mixture of skim milk
				  and cream (except ice milk mix, ice cream mix, frozen dessert mix, and eggnog)
				  in fluid form for sale or consumption with a butterfat content less than 6.0%.
				  It is labeled as milk according to U.S. Food and Drug Administration (FDA) or
				  U.S. Department of Agriculture (USDA) Milk Marketing Order System
				  standards.
"Licensee" means a licensed milk distributor or milk
				  producer.
"Market" means a geographic region considered as a place for
				  sales designated by the approving authority.
"Milk" means the clean lacteal secretion obtained from
				  healthy cows, including milk that is cooled, pasteurized, standardized or
				  otherwise processed with the intention of selling it as fluid milk
				  product.
"Milk commission base" means the number of pounds established
				  by the approving authority in relation to the total average monthly pounds of
				  Class I sales.
"Other source milk" means all skim milk and butterfat
				  contained in or represented by:
1.
				Receipts (including any Class II products produced in the distributor's own
				plant in a prior month) which are reprocessed, converted, or combined with a
				fluid milk product during the month.
2. Receipts from producer general
				distributors.
3. Receipts from any
				source other than licensed producers or other licensed distributors.
"Processing general distributor" means a person engaged in
				  the business of receiving, pasteurizing, processing, packaging and distributing
				  fluid milk. All processing general distributors shall maintain permits required
				  by appropriate health authorities.
"Producer" means any person who produces milk for sale as
				  fluid milk product and has been licensed by the approving authority.
"Producer general distributor" means a distributor who
				  pasteurizes, processes, packages and distributes only milk produced by himself
				  and has Class I sales at less than 5.0% of the market or markets in which he
				  operates. All producer general distributors shall maintain permits required by
				  appropriate health authorities.
"Producer milk" means any skim milk or butterfat contained in
				  raw milk received directly from producers or for the account of
				  producers.
"Producing unit" means a Grade "A" dairy farm.
"Sanitary regulations" means all laws and ordinances relating
				  to the production, handling, transportation, distribution and sale of
				  milk.
"Subsidiary" means any person controlled by a distributor, an
				  affiliate, or a group of distributors.
"UHT" means a product hermetically sealed in a container and
				  so thermally processed as to render the product free of viable microorganisms,
				  including spores, of public health significance. UHT products as defined in
				  this chapter shall meet the definition for aseptic processing and packaging and
				  do not require refrigeration. Aseptic processing and packaging means the
				  filling of a commercially sterilized cooled product into presterilized
				  containers followed by aseptic hermetical sealing with a presterilized closure
				  in an atmosphere free from microorganisms.
"Ultrapasteurized" means, when used to describe any milk or
				  milk product, milk or milk products thermally processed at a temperature of
				  280°F (138°C) or hotter for at least two seconds, either before or
				  after packaging, so as to produce a product that has an extended shelf life
				  under normal refrigerated storage.