West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04A - Production Of Milk And Cream For Manufacturing Purposes › Section 61-4A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purposes of the Rule, the following terms have the following meanings:
2.1.1. "Commissioner" means the Commissioner
				of Agriculture of the State of West Virginia.
2.1.2. "Person" means any individual, firm,
				co-partnership, corporation, cooperative association, cooperative corporation
				or unincorporated association.
2.1.3. "Producer" means the person or persons
				who exercise control over the production of milk on a dairy farm, which milk or
				the cream therefrom is offered for sale at a plant for manufacture into milk
				products. This term includes all producers located within West Virginia and
				selling milk and/or cream for manufacture in or outside of West Virginia and
				all producers located outside of West Virginia selling milk and/or cream in
				West Virginia for manufacture.
2.1.4. "Plant" means any building, place,
				premises, rooms or other establishment where milk, cream, or dairy products are
				received for eventual use in dairy products. This shall include plants located
				outside of West Virginia receiving milk and/or cream from West Virginia sources
				and plants located in West Virginia receiving milk and/or cream from sources
				outside of West Virginia.
2.1.5.
				"Dairy products" means butter, cheese of all kinds, dry whole milk, non-fat dry
				milk, dried buttermilk, dried whey, evaporated or condensed whole or skimmed
				milk (plain or sweetened), frozen desserts or other products made principally
				from milk or its ingredients, and which are for human consumption.
2.1.6. "New producer" means a producer who
				has not heretofore produced milk or cream for manufacture into dairy
				products.
2.1.7. "Transfer
				producer" means a producer who has delivered milk and/or cream to a plant and
				who changes his delivery to another plant.
2.1.8. "Acceptable milk" means milk, or cream
				therefrom, which meets the requirements as to sight and odor, sediments,
				bacterial content, inhibitory substances, and which has been produced in
				compliance with the provision set forth in this Rule.
2.1.9. "Rejectable milk" means milk or cream
				therefrom, which does not meet the definitions of acceptable milk set forth in
				Section 2.1.8 of this rule.
2.1.10.
				"Excluded milk" means milk or cream therefrom which has been rejected by the
				operator of a plant because it does not meet the standards for acceptable milk,
				and milk produced on a farm which has been excluded from delivery to a
				plant.
2.1.11. "Inspection" means
				the inspection of the dairy farm premises, buildings, animal, equipment,
				utensils, water supply and facilities and procedures used in the production of
				milk and/or cream for manufacturing purposes.
2.1.12. "Score sheet" means the form,
				provided pursuant to this Rule, for evaluating the farm and its facilities at
				the time of inspection.
2.1.13.
				"Source" means producers and plants from which milk and/or cream are
				received.
2.1.14. "Fieldman" means
				a person qualified and trained in the sanitary methods of production and
				handling of milk as set forth herein, and generally employed by a processing or
				manufacturing plant for the purpose of making dairy farm surveys and doing
				quality control work.
2.1.15.
				"Inspector" means a qualified, trained person employed by the West Virginia
				Department of Agriculture or any person designated by the Commissioner to
				perform dairy farm inspections and raw milk grading.
2.1.16. "Dairy farm" or "farm" means a place
				or premise where one or more milking animals are kept, a part of all of the
				milk produced thereon being delivered, sold, or offered for sale to a plant for
				manufacturing purposes.
2.1.17.
				"Milk" means the normal lacteal secretion, practically free from colostrum,
				obtained by the complete milking of one or more healthy animals which shall
				include but not be limited to cows and goats. The word "milk" used herein
				includes only milk for manufacturing purposes.
2.1.17.1. Goat milk is the lacteal secretion
				practically free from colostrum obtained by the complete milking of one or more
				healthy goats. Goat milk shall only be used to manufacture dairy products that
				are recognized as non-standardized traditional products normally manufactured
				from goats milk.
2.1.17.2. For milk
				from animals other than cows and goats, the Commissioner may develop special
				criteria under this definition.
2.1.18. "Milk for manufacturing purposes"
				means milk produced for processing and manufacturing into products for human
				consumption but not subject to Grade A or comparable requirements.
2.1.19. "Inhibitory substances" include
				antibiotics and pesticides not registered for use on lactating dairy animals
				and other substances so classified by the Commissioner.