West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-2 - 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 or designee.
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. "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.
2.5. "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
				solely in the state of West Virginia.
2.6. "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.
2.7. "Inhibitory
				substances" means antibiotics and pesticides not registered for use on
				lactating dairy animals, and other substances as determined by the
				Commissioner.
2.8. "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 shall be produced according to the sanitary
				standards of this rule.
2.9.
				"Milkhouse" or "milkroom" means a room at the facility for handling and cooling
				milk and for washing and storing milking equipment and utensils.
2.10. "Person" means any individual, firm,
				co-partnership, corporation, cooperative association, cooperative corporation
				or unincorporated association.
2.11. "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.
2.12. "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.
2.13. "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. For the purpose of this rule, Cheese and Related Cheese Products
				shall be included as a milk product.
2.14. "Cheeses and Related Cheese Products"
				means those items set forth in Title 21 Food and Drugs Chapter 1 Food and Drug
				Administration Department of Health and Human Services Subchapter B Food for
				Human Consumption Part 133 Cheeses and Related Cheese Products Subpart A-
				General Provisions and Subpart B- Requirements for Specific Standardized Cheese
				and Related Products.
2.15.
				"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.
2.16. "Milk and milk products processing
				facility" means any place, premises, or establishment where milk or milk
				products are collected, handled, processed, stored, pasteurized,
				ultra-pasteurized, aseptically processed and packaged, retort processed after
				packaged, condensed, dried, packaged, or prepared for distribution in West
				Virginia.