West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the Commissioner of Agriculture of the State of West Virginia or his or
				her duly authorized agent.
2.2.
				"Acceptable milk" means milk, or cream from the milk, which meets the
				requirements as to sight and odor, sediments, bacterial content, inhibitory
				substances, and which has been produced in compliance with the provisions set
				forth in this Rule.
2.3. "Barnyard"
				means an enclosed or unenclosed area adjacent to the milking barn which may
				include housing areas and feedlots in which the animals may
				congregate.
2.4. "Butter" means the
				food product that is made exclusively from milk or cream, or both, with or
				without salt, and with or without additional coloring matter, and that contains
				not less than 80 percent by weight of milk fat.
2.5. "Cheese" or "cheese related product"
				means the fresh or matured product that is obtained by draining after
				coagulation of milk, cream, skimmed or partly skimmed milk, or a combination of
				some or all of these products, and meets the standards of identity in 21 CFR
				Part 133.
2.6. "CIP" or
				"cleaned-in-place" means the procedure by which sanitary pipelines or pieces of
				dairy equipment are mechanically cleaned in place by circulation of wash,
				rinse, and sanitizer solutions.
2.7. "Dairy farm" or "farm" means a place or
				premises where one or more milking animals are kept, a part or all of the milk
				produced on the farm being used in the production of milk or dairy products by
				the incorporation of approved methods.
2.8. "Inspection" means the inspection of the
				dairy farm premises, buildings, animals, equipment, utensils, water supply, and
				facilities and procedures used in the production of milk and/or dairy products
				in solely in the state of West Virginia including Certified Industry
				Inspections.
2.9. "Inspector" means
				a qualified, trained person employed by the West Virginia Department of
				Agriculture or any person designated by the Commissioner to inspect dairy farms
				and processing facilities including a Certified Industry Dairy Farm Inspector
				(CIDFI).
2.10. "Inhibitory
				Substances" means antibiotics and pesticides not registered for use on
				lactating dairy animals, and other substances as determined by the
				Commissioner.
2.11. "Milk" means
				the normal lacteal secretion, practically free from colostrum, obtained by the
				complete milking of one or more healthy hooved lactating mammals. Hooved
				mammals' milk is the normal lacteal secretion, practically free of colostrum,
				obtained by the complete milking of one (1) or more healthy hooved mammals.
				Hooved mammals for the purpose of this rule, include but are not limited to,
				the members of the Order Cetartiodactyla, such as: Family Bovidae (cattle,
				water buffalo, sheep, goats, yaks, etc.), Family Camelidae (llamas, alpacas,
				camels, etc.), Family Cervidae (deer, reindeer, moose, etc.), and Family
				Equidae (horses, donkeys, etc.). Milk product shall be produced according to
				the sanitary standards of this rule.
2.12. "Manufacture-Grade Milk" means the milk
				of a hooved mammal that is produced, processed, pasteurized, packaged, or
				prepared for human consumption in accordance with the standards set forth in
				this rule, is not subject to Grade A standards and is not used for fluid milk
				sales.
2.13. "Manufacture-Grade
				Milk Product" means: butter; cheese, natural or processed; condensed skim milk,
				plain or sweetened; condensed whole milk; cream; dry buttermilk; dry whey; dry
				whole milk; evaporated milk, whole or skim; nonfat dry milk; or any other
				product made with manufacture-grade milk that is regulated by the
				Commissioner.
2.14. "Manufacture
				Milk Plant" means a place, including a governmental operation, where
				manufacture-grade milk or a manufacture-grade milk product is collected,
				handled, controlled, manufactured, processed, stored, pasteurized,
				ultra-pasteurized, repasteurized, commercially sterilized, aseptically
				processed, bottled, or prepared for distribution, but does not include a place
				where a manufactured milk product is purchased in packaged form and is stored
				and handled for the sole purpose of sale to the ultimate consumer.
2.15. "Manufacture Milk Processor" means any
				person who operates or controls a manufacture milk plant, transfer station,
				receiving station, or milk transport cleaning facility that is located in this
				state or from which manufacture-grade milk or manufacture-grade milk products
				are sold or offered for sale for human consumption, as applicable in the state
				of West Virginia.
2.16. "Milkhouse"
				or "milkroom" means a room at the facility for handling and cooling milk and
				for washing and storing milking equipment and utensils.
2.17. "Pasteurization", "pasteurized", or
				similar terms means the process of heating every particle of milk or milk
				product, in properly designed and operated equipment, to one (1) of the
				temperatures given in this rule.
2.18. "Person" means any individual, firm,
				co-partnership, corporation, cooperative association, cooperative corporation
				or unincorporated association.
2.19. "Producer" means the person or persons
				who exercise control over the production of milk on a West Virginia dairy farm,
				where the milk or the cream from the milk is used to manufacture fluid milk or
				dairy products.
2.20. "Sanitize" or
				"sanitization" means the application of any effective method or substance to
				properly cleaned surfaces for the destruction of pathogens, and other
				microorganisms, as far as is practicable. Such method or substance shall not
				adversely affect the equipment, the milk and/or milk product, or the health of
				consumers, and shall be acceptable to the commissioner.
2.21. "Milk Products" means all milk and milk
				products with a standard of identity provided for in 21 CFR Part 131, excluding
				21 CFR
				131.120 Sweetened Condensed Milk, cottage
				cheese and dry curd cottage cheese, whey and whey products, modified versions
				of all the preceding products, modified versions of milk products packaged in
				combination with food(s) not yet included in this definition that are
				appropriately labeled with a statement of identity to describe the food(s) in
				final packaged form, e.g., "cottage cheese with pineapple" and "fat free milk
				with plant sterols", and all other products deemed a dairy product by the
				commissioner.