Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 510 - RULES AND REGULATIONS GOVERNING THE PRODUCTION, PROCESSING, AND SALE OF ICE CREAM, FROZEN DESSERTS, AND SIMILAR PRODUCTS › Part I - Definitions › Section 2VAC5-510-10 - 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:
"Adulterated milk, milk products, and frozen desserts"
					 means any milk, milk products, other frozen dessert ingredient, frozen desserts
					 or frozen desserts mix which:
1. Bears
				  or contains any poisonous or deleterious substance in a quantity which may
				  render it injurious to health;
2.
				  Bears or contains any added poisonous or deleterious substance for which no
				  safe tolerance has been established by state or federal regulation, or in
				  excess of such tolerance if one has been established;
3. Consists, in whole or in part, of any
				  substance unfit for human consumption;
4. Has been produced, processed, prepared,
				  packed, or held under insanitary conditions;
5. Container is composed, in whole or in
				  part, of any poisonous or deleterious substance which may render the contents
				  injurious to health; or
6. Any
				  substance has been added thereto or mixed or packed therewith so as to increase
				  its bulk or weight, or reduce its quality or strength, or make it appear better
				  or of greater value than it is.
"Commissary or depot" means any place, premise, or
					 establishment in which pasteurized mix, ingredients, containers, or supplies
					 are prepared or stored for the servicing of one or more mobile units, and where
					 facilities are provided for cleaning the vehicle and the cleaning and
					 bactericidal treatment of equipment and utensils.
"Frozen desserts manufacturer" means any person who
					 manufactures, processes, converts, partially freezes, or freezes any mix or
					 frozen desserts for distribution or sale.
"Frozen desserts plant" means any place or premises where
					 frozen desserts or mix are manufactured, processed, or frozen for distribution
					 or sale at wholesale.
"Frozen desserts retail establishment" means any place or
					 premises including retail stores, stands, hotels, restaurants, and vehicles or
					 mobile units where frozen desserts are frozen or partially frozen or dispensed
					 for sale at retail.
"Misbranded" means milk, milk products, other frozen
					 desserts ingredients, frozen desserts and frozen desserts mix are misbranded
					 when:
1. Their containers bear or
				  accompany any false or misleading written, printed, or graphic
				  matter;
2. Such milk and products
				  do not conform to their definitions as contained in this chapter; and
3. Such products are not labeled in
				  accordance with Part VI (2VAC5-510-430 et seq.) of this
				  chapter.
"Mobile unit" means any vehicle or temporary establishment
					 that shall travel from place to place in which a frozen desserts processor
					 freezes, partially freezes, or dispenses frozen desserts for sale.
"Official methods" means Official Methods of Analysis of
					 the Association of Official Analytical Chemists, a publication of the
					 Association of Official Analytical Chemists. A modified Roese-Gottlieb test,
					 such as the Mojonnier' or Dietert, may be used in making official determination
					 of the butterfat and total solids content of frozen dairy food products.
"Pasteurization" or "pasteurized" means the process of
					 heating, in approved and properly operated equipment, every particle of mix to
					 any one of the following temperatures and holding at the temperature for the
					 specified time:
1. 155°F and
				  holding at such temperature for at least 30 minutes.
2. 175°F and holding at such temperature
				  for at least 25 seconds.
Nothing contained in this definition shall be construed as
					 barring any other method of process, or combination of times and temperatures,
					 as may be demonstrated to be equally efficient.
"Permit" means authority issued under the Act by the
					 regulatory agency.
"Person" means any individual, partnership, corporation,
					 company, firm, trustee, or association.
"Plant" means any place, premise, or establishment where
					 milk or dairy products are received or handled for processing or manufacturing
					 the products defined herein.
"Powder" or "dry frozen desserts mix" means a frozen
					 desserts mix in a dry form.
"Standard methods" means Standard Methods for the
					 Examination of Dairy Products, a publication of the American Public Health
					 Association.
"3-A Sanitary standards and accepted practices" means the
					 standards for dairy equipment and accepted practices formulated by the 3-A
					 Sanitary Standards Committees representing the International Association for
					 Food Protection, the United States Public Health Service, and the Dairy
					 Industry Committee, Published by the 3-A Sanitary Standards,
					 Incorporated.