Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 021 - DAIRY DIVISION › Chapter 003 - MILK AND MILK PRODUCTS › Section 20 021 003 - MILK AND MILK PRODUCTS

Current through June, 2024
Regulation
			 1 DEFINITIONS
For use in the interpretation of this part and in
				the regulations hereinafter published the following definitions shall
				apply:
1. "Commissioner",
			 means Commissioner of Agriculture or his duly authorized
			 agent.
2. "Milk Producer"
			 or "producer" is a person, partnership, unincorporated association or
			 corporation who owns or controls one or more cows or dairy goats and
			 sells or offers for sale a part or all of the milk produced by the
			 animals.
3. "Dairy farm"
			 is any place or premise where one or more cows or dairy goats are
			 kept and where a part, or all of the milk from the animals is sold or
			 offered for sale.
4. 
			 "Milk plant" is any place, premise, or establishment where milk or
			 dairy products are collected, assembled, handled, processed, stored,
			 pasteurized, aseptically processed, packaged or prepared for
			 distribution.
5. 
			 "Transfer Station" is any place, premise, or establishment where milk
			 or milk products are transferred directly from one milk tank truck to
			 another.
6. "Receiving
			 Station" is any place, premise, or establishment where raw milk is
			 received, collected, handled, stored or cooled and prepared for
			 further transporting.
7. 
			 "Bulk Milk Pickup Tanker" is a vehicle including the truck, tank and
			 those appurtenances necessary for its use, used by a milk hauler to
			 transport bulk raw milk from a dairy farm to a transfer station,
			 receiving station, or milk plant.
8. "Milk Transport Tank" is a
			 vehicle including the truck and tank used by a milk hauler to
			 transport bulk shipments of milk from a transfer station or milk
			 plant.
9. "Milk handler"
			 or "handler" is a person, firm, unincorporated association or
			 corporation engaged in the business of buying, selling, assembling,
			 packaging or processing milk or other dairy products, for sale within
			 or without the State of Vermont.
10. "Milk handler license" is a
			 license issued by the Commissioner which authorizes the licensee to
			 carry on the business of a milk handler.
11. "Milk is the lacteal secretion,
			 free from colostrum, obtained by the complete milking of one or more
			 healthy cows or dairy goats to which nothing has been added or taken
			 away. Effective July 1, 1988, milk sold in consumer packages by
			 licensed handlers shall be pasteurized. Cows milk shall contain not
			 less than 3.5 percent milk fat and not less than 8.25 percent nonfat
			 milk solids and goats milk shall contain not less than 2.5 percent
			 milk fat and not less than 7.5 percent nonfat milk solids. Such milk
			 may be standardized by the addition of pure, fresh skim milk or cream
			 as defined by regulation or the removal of skim milk or cream.
			 Optional ingredients:
(1) If added,
			 Vitamin A shall be present in such quantity that each quart of the
			 food contains not less than 2000 International Units (I.U.).
(2) If added, Vitamin D
			 shall be present in such quantity that each quart of the food
			 contains not less than 400 International Units.
(3) Characterizing flavoring
			 ingredients with or without coloring, nutritive sweetener,
			 emulsifiers and stabilizers.
12. "Imitation dairy products" are
			 those products containing no milk which by their texture, flavor,
			 color, packaging, or other characteristics, could be confused by
			 consumers with established and defined dairy products or are sold or
			 offered for sale as substitutes for milk or fluid dairy
			 products.
13. "An
			 imitation dairy product handler" is a person, firm, unincorporated
			 association or corporation engaged in the business of buying,
			 selling, packaging or processing imitation dairy products for sale
			 within or without the State of Vermont.
14. "An imitation dairy product
			 handler's license" is a license issued by the Commissioner which
			 authorizes the licensee to carry on the business of an imitation
			 dairy product handler.
15.
			 "Retail package of dairy product" is a package to be sold to a
			 consumer.
16. "Dairy
			 products" are milk, or the products derived therefrom, which conform
			 to the appropriate legal standard of definition for the specific
			 product as defined in this part [and regulations made under this
			 part.]
17. "Fluid dairy
			 products" are milk and fluid dairy products derived from milk,
			 including cultures or acidified products, as defined by regulations
			 made under this part. Fluid dairy products may contain the following
			 food grade ingredients:
(a)
			 acidifiers and colors,
(b)
			 vitamins and minerals,
(c)
			 dry and concentrated milk products by not more than 3% weight. Only
			 those food grade additives approved by the Federal Food and Drug
			 Administration and the Commissioner of Agriculture shall be used in
			 any fluid dairy product.
18. "Licensed technician" is a
			 person who has demonstrated by appropriate tests, to the satisfaction
			 of the Commissioner, that the person has the skill, experience,
			 ability and integrity to perform tests that are used as a basis for
			 payment or acceptance of dairy products, and who holds one or more
			 licenses issued by the Commissioner authorizing the person to carry
			 on one or more of these activities.
19. "Official Laboratory" is a
			 biological, chemical, or physical laboratory which is under the
			 direct supervision of the Vermont Department of
			 Agriculture.
20. 
			 "Officially Designated Laboratory" is a commercial laboratory
			 authorized to do official work by the Vermont Department of
			 Agriculture, or a milk industry laboratory officially designated by
			 the Vermont Department of Agriculture for the examination of producer
			 samples of raw milk and commingled milk tank truck samples of raw
			 milk for antibiotic residues and bacterial limits. The Commissioner
			 may terminate approval for cause.
21. "Adulteration". An adulterated
			 dairy product is a dairy product containing noxious, unwholesome, or
			 deleterious material, preservative, antibiotic drug or chemical in a
			 quantity injurious to health; or which does not conform to the
			 definition of the product; or which is not produced, processed, or
			 distributed according to the provisions of this part.
22. "Person" means individuals,
			 corporations, partnerships, trusts, associations, cooperatives, and
			 any and all other business units or entities.
23. "Concentrated milk" is milk
			 from which a portion of the water constituents has been
			 removed.
24. 
			 "Homogenized" is milk which has been treated in such a manner as to
			 insure a breakup of the fat globules to such an extent that after 48
			 hours storage, no visible cream separation occurs on the milk and the
			 fat percentage of the top 100 cubic centimeters of milk in a quart,
			 or of proportionate volumes in containers of other sizes, does not
			 differ by more than 10 percent of itself from the fat percentage of
			 the remaining milk as determined after thorough mixing.
25. "Lowfat milk" in retail
			 packages is milk from which sufficient milkfat has been removed to
			 produce a food having within limits of good manufacturing practice,
			 one of the following milkfat contents: 0.5, 1.0, 1.5, or 2.0 percent.
			 Lowfat milk shall contain not less than 8.25 percent milk solids not
			 fat.
26. "Skim milk" or
			 "Nonfat milk" in retail packages is milk from which sufficient
			 milkfat has been removed to reduce its milkfat content to less than
			 0.5 percent as determined by the Association of Official Analytical
			 Chemists methods. Skim milk shall contain not less than 8.25 percent
			 milk solids not fat.
27. 
			 "Skim milk" and "lowfat milk" in retail packages may contain Vitamin
			 D. If added, Vitamin D shall be present in such quantity that each
			 quart of the food contains 400 International Units. Vitamin A may be
			 added to the extent that each quart of the food contains not less
			 that 2000 International Units. Skim milk or nonfat milk may contain
			 (1) Carriers for Vitamin A and D. (2) Concentrated skim milk, nonfat
			 dry milk, or other milk derived ingredients to increase the nonfat
			 solids content of the food, provided that the protein efficiency
			 ratio of all protein present, shall not be decreased as a result of
			 adding such ingredients. (3) When one or more of the optional milk
			 derived ingredients listed in (2) above are used, emulsifiers or
			 stabilizers or a combination of both, in an amount not to exceed 2
			 percent by weight of the solids in such ingredients. (4)
			 Characterizing flavoring ingredients with or without coloring,
			 nutritive sweetener, emulsifiers and stabilizers.
28. "Half-Half" or
			 "Coffee-Cereal-Special" is the food consisting of a mixture of milk
			 and cream containing not less than 10.5 percent but less than 18
			 percent milkfat. It maybe pasteurized or ultra-pasteurized. It may
			 contain approved emulsifiers, stabilizers, nutritive sweeteners or
			 characterizing flavoring ingredients. When used, each of the
			 specified shall be declared on the label.
29. "Light Cream" is that portion
			 of milk which contains not less than 18 percent but less than 30
			 percent milkfat. It may be pasteurized or ultra-pasteurized and may
			 contain the following approved ingredients: stabilizers, emulsifiers,
			 nutritive sweeteners or characterizing flavoring ingredients. When
			 used, each of the specified shall be declared on the label.
30. "Light Whipping Cream",
			 "Whipping Cream" or "Medium Cream" is that portion of milk which
			 contains not less than 30 percent but less than 36 percent milkfat.
			 It may be pasteurized or ultra-pasteurized and may contain the
			 following ingredients: stabilizers, emulsifiers, nutritive sweeteners
			 or characterizing flavoring ingredients. When used, each of the
			 ingredients shall be declared on the label.
31. "Sheeps Milk Cheese" shall
			 conform to the requirements for Specific Standardized Cheese and
			 Related Products as specified in these Regulations, except; if sheeps
			 milk is substituted for cows milk; then wherever the name of the food
			 appears on the label the words "sheeps milk" shall precede it in the
			 same size, color, and style letters as the name of the food
			 appears.
32. "Heavy Cream"
			 is that portion of milk which contains not less than 36 percent
			 milkfat. It may be pasteurized or ultra-pasteurized and may contain
			 the following approved ingredients: stabilizers, emulsifiers,
			 nutritive sweeteners or characterizing flavoring ingredients. When
			 used, each of the ingredients shall be declared on the
			 label.
33. "Buttermilk" is
			 a fluid product resulting from the manufacture of butter from milk or
			 cream. It contains not less than 8 1/4 percent of milk solids not
			 fat.
34. "Low-sodium
			 Milk", or "Low-sodium Lowfat Milk", or "Low-sodium Skim Milk" is the
			 product resulting from the treatment of milk, lowfat milk, or skim
			 milk as defined in these Regulations by a process of passing the
			 milk, lowfat milk, or skim milk through an ion exchange resin process
			 or any other process which has been recognized by the Vermont
			 Department of Agriculture that effectively reduces the sodium content
			 of the product to less than 10 milligrams in 100
			 milliliters.
35. 
			 "Lactose-reduced Milk" or "Lactose-reduced Lowfat Milk", or
			 Lactose-reduced Skim Milk" is the product resulting from the
			 treatment of milk, lowfat milk, or skim milk as defined in these
			 Regulations by the addition of safe and suitable enzymes to convert
			 sufficient amounts of the lactose to glucose and/or galactose so that
			 the remaining lactose is less than 30 percent of the lactose in milk,
			 lowfat milk, or skim milk.
36. "Reconstituted or Recombined
			 Milk and/or Milk Products" shall mean milk or milk products defined
			 in these Regulations which result from reconstituting or recombining
			 of milk constituents with potable water when appropriate.
37. "Concentrated Milk" is a fluid
			 product, unsterilized and unsweetened, resulting from the removal of
			 a considerable portion of the water from the milk, which, when
			 combined with potable water in accordance with instructions printed
			 on the container, results in a product conforming with the milkfat
			 and milk solids not fat levels of milk as defined in these
			 Regulations.
38. 
			 "Concentrated Milk Products" shall be taken to mean and to include
			 homogenized concentrated milk, concentrated skim milk, concentrated
			 lowfat milk, and similar concentrated products made from concentrated
			 milk or concentrated skim milk, and which, when combined with potable
			 water in accordance with instructions printed on the container,
			 conform with the definitions of the corresponding milk products in
			 these Regulations.
39. 
			 "Sanitation" means the treatment of apparatus, containers or
			 equipment with heat or chemicals approved by the Commissioner in such
			 a way as to render them aseptic.
40. "Sterilized" - The term
			 sterilized when applied to piping, equipment and containers used for
			 milk and milk products shall mean the condition achieved by
			 application of heat, chemical sterilant(s) or other appropriate
			 treatment that renders the piping, equipment and containers free of
			 viable microorganisms.
41.
			 "Pasteurized" when used to describe a dairy product means that every
			 particle of such product shall have been heated in the properly
			 operated equipment to one of the temperatures specified in the table
			 of this paragraph and held continuously at or above the temperature
			 for the specified time (or other time/temperature relationship which
			 has been demonstrated to be equivalent thereto in the microbial
			 destruction.)
TEMPERATURE
TIME
145 [degrees] F.
30 minutes
161 [degrees] F.
15 seconds
191 [degrees] F.
1 second
194 [degrees] F.
0.5 second
201 [degrees] F.
0.1 second
204 [degrees] F.
0.05 second
212 [degrees] F.
0.01 second
If the dairy product has a fat content of 10 percent
				or more, or if it contains added sweeteners, the specified
				temperature shall be increased by 5 [degrees] F. Provided, That
				eggnog and ice cream mix shall be heated to at least the following
				temperature and time specifications:
TEMPERATURE
TIME
155 [degrees] F. (69 [degrees]
						  C)
30 minutes
175 [degrees] F. (80 [degrees]
						  C)
25 seconds
180 [degrees] F. (83 [degrees]
						  C)
15 seconds
Provided, further, That nothing in this definition
				shall be construed as barring any other pasteurization process which
				has been recognized by the Vermont Department of Agriculture to be
				equally efficient.
42. Ultra-Pasteurized" when used to
			 describe a dairy product means that such product shall have been
			 thermally processed at or above 280 [degrees] F. for at least 2
			 seconds, either before or after packaging, so as to produce a product
			 which has an extended shelf life [under refrigerated
			 conditions].
43. 
			 "Aseptically Processed Milk and Milk Products" are products
			 hermetically sealed in a container and so thermally processed in
			 conformance with "The Code of Federal Regulations" and the provisions
			 of these Regulations so as to render the product free of
			 microorganisms capable of reproducing in the product under normal
			 unrefrigerated conditions of storage and distribution. The product
			 shall be free of viable microorganisms (including spores) of public
			 health significance.
44. 
			 "Aseptic Processing" - the term aseptic processing when used to
			 describe a milk product means that the product has been subject to
			 sufficient heat processing, and packaged in a hermetically sealed
			 container, to conform to the applicable requirements of "The Code of
			 Federal Regulations" and these Regulations, and maintain the
			 commercial sterility of the product under normal unrefrigerated
			 conditions.
45. 
			 "Hermetically Sealed Container" is a container that is designed and
			 intended to be secure against the entry of microorganisms and thereby
			 maintain the commercial sterility of its contents after
			 processing.
46. 
			 "Coliform" bacteria means the group of organisms that are Gram
			 negative and non-spore forming and which ferment the sugar in milk
			 with resulting gas formation.
47. "Phosphatase Test" means the
			 chemical test for determining whether or not milk and other dairy
			 products have been pasteurized.
48. "Additional definitions". The
			 Commissioner may, after due notice and public hearing, promulgate,
			 amend or rescind definitions of other dairy products, including
			 modified milk, dairy processes, and specially trained
			 personnel.
49. 
			 "Labeling". Unless otherwise approved by the Commissioner, all retail
			 packages of dairy products, fluid dairy products and imitation dairy
			 products sold or offered for sale shall be plainly and conspicuously
			 marked on the principal display panel with:
(1) The name of the food as defined
			 by statute or regulation.
(2) The quantity of contents. The
			 information panel shall show:
(1) 
			 The name and address of the handler. The plant code number, when
			 required, may appear elsewhere on the container.
(2) Nutrition labeling, if
			 applicable.
(3) The name
			 of all ingredients in descending order of importance.
(4) Grade A, if applicable,
(5) Additionally, the
			 National Labeling Council recommends that the information panel show
			 (a) the name of the food, (b) a quantity of contents, (c) the word
			 "pasteurized" or "ultra-pasteurized" if applicable, (d) the term
			 "homogenized" if applicable. Labeling as specified above will be
			 permitted on the closures of plastic and glass containers. A minimum
			 of 1/32 inch type will be used on closure labeling.
Definitions and Standards of dairy products not
				herein defined shall be those established by Federal Agencies and
				published in "Agricultural Handbook No. 51" and/or "The Code of
				Federal Regulations."