Sec. 22-127. Definitions.
Sec. 22-127. Definitions. The terms defined in this section shall, as used in this
chapter, have the meanings set forth in this section unless otherwise clearly indicated
in the context.
(1) "Bulk tank unit" means a dairy farm or group of dairy farms from which raw
milk is collected for pasteurization for which a single entity sanitation compliance rating
is issued.
(2) "Commissioner" means the Commissioner of Agriculture.
(3) "Cheese manufacturer" means any person, firm, corporation or cooperative association engaged in the production, receiving or handling of milk or milk products,
which milk products, in whole or in part, are intended to be manufactured into cheese
for distribution or sale in or outside this state.
(4) "Dealer" means any person, firm, corporation or cooperative association engaged in the receiving, handling, purchasing, distribution or sale of fluid milk or milk
products, which fluid milk or milk products, in whole or in part, are intended for bottling,
manufacturing, processing, distribution or sale in this state.
(5) "Filled milk" means any combination of nonmilk fat or oil and milk, whether
or not it is fresh, cultured, reconstituted or modified by the addition of nonfat milk
solids, with or without milkfat, so that the product, including stabilizers, emulsifiers or
flavoring, resembles milk or any other fluid milk product, and contains less than six per
cent nonmilk fat or oil.
(6) "Handler" means any person, firm, corporation or cooperative association engaged in the receiving, handling, distribution or sale of fluid milk or milk products, which
fluid milk or milk products, in whole or in part, are intended for bottling, manufacturing,
processing, distribution or sale in this state.
(7) "Nonstandardized milk products" means milk-based products modified so they
do not meet the definition of optional ingredients established in 21 CFR 131.110, contain
milk and milk products, are intended to replace or be a substitute for standardized fluid
milk products. Nonstandardized milk products may contain safe and suitable ingredients
not present in standardized milk products.
(8) "Pasteurization" or "pasteurized" has the same meaning, as defined in section
1 of the Pasteurized Milk Ordinance as promulgated by the United States Food and Drug
Administration.
(9) "Producer" means any person, firm or corporation that operates a dairy farm
that provides, sells or offers milk to any dealer, person, handler, company or cooperative
for sale.
(10) "Public eating places" means places where meals are served to the general
public, including, but not limited to, public or private schools and colleges, hotels, restaurants, clubs, lunchrooms, bars, fountains or any place of public entertainment.
(11) "Raw milk" or "milk for pasteurization" means normal lacteal secretion that
is practically free of colostrum and that is obtained by the complete milking of one or
more healthy hooved mammals.
(12) "Raw milk cheese" means aged hard cheese that meets the sanitary provisions
of this chapter and that is produced from retail raw milk.
(13) "Retail raw milk" means normal lacteal secretion that is practically free of
colostrum, that is obtained by the complete milking of one or more healthy goats, sheep
or cows, that is intended for human consumption in the unpasteurized state and that
meets the sanitary standards of this chapter.
(14) "Retail raw milk producer" means any person, firm, corporation or cooperative
association engaged in the production, handling, distribution or sale of retail raw milk.
(15) "Retail raw milk cheese manufacturer" means any person, firm, corporation
or cooperative association engaged in the production, handling, distribution or sale of
cheese manufactured from retail raw milk.
(16) "Safe and suitable ingredients" are food ingredients generally recognized as
safe, as referenced in 21 CFR 184.1.
(17) "Standardized milk and milk products" or "milk or milk products" means products for which a standard of identity has been established pursuant to 21 CFR 131.110.
(1949 Rev., S. 3175; 1951, 1953, S. 1731d; 1957, P.A. 359, S. 1; 419; 1959, P.A. 637, S. 2; 1961, P.A. 67; 188; 518,
S. 1; 1963, P.A. 173, S. 1; February, 1965, P.A. 412, S. 1; 1969, P.A. 56, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 85-119,
S. 1; P.A. 90-66, S. 1; P.A. 91-312, S. 1; P.A. 93-320, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1;
P.A. 05-175, S. 4; P.A. 06-19, S. 3.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural
resources; 1961 acts deleted definition of "milk drinks" as "the same as flavored milk", incorporating references to milk
drinks in following definition of "flavored milk", defined "low-fat milk" and included reference to it in definition of "milk
products" and replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture
and natural resources; 1963 act defined "fortified low-fat milk"; 1965 act allowed addition of optional ingredients in sour
cream and buttermilk, redefined buttermilk to require 8.25% rather than 8% milk-solids-not-fat and to replace "wholesome
milk products" with "approved milk, low-fat milk or a combination thereof", defined "acidified milk and milk products"
and "half and half" and added references to "soured cream", "salad cream" and "half and half" under "milk products";
1969 act added reference to milk regulation board's power to change definitions and redefined "milk products" by replacing
list of products included with general statement; 1971 act replaced commissioner of agriculture and natural resources with
commissioner of agriculture; P.A. 85-119 revised the definition of sour cream to establish a milk fat content and increased
the permitted acidity from 0.2% to 0.5%, revised the definition of low-fat milk to reduce the minimum butterfat percentage
from a range of 1.75% to 2.25% to a range of 0.5% to 2%, revised the definition of fortified low-fat milk to reduce the
minimum butterfat percentage from a range of 1.75% to 2.25% to a range of 0.5% to 2%, and revised the definition of half and
half to increase the minimum milk fat content from 10% to 10.5%; P.A. 90-66 defined "ultrapasteurized" and "aseptically
processed milk and milk product"; P.A. 91-312 alphabetized definitions, revised definitions of "fortified low-fat milk",
"goats' milk", "half and half", "fortified skimmed milk" or "fortified nonfat milk" and "ultrapasteurized", added definitions
of "eggnog", "filled milk", "manufactured dairy product", "pasteurization" or "pasteurized" and "yogurt", "low-fat yogurt"
and "nonfat yogurt", replaced "commissioner of weights and measures" with "commissioner of consumer protection" in
definition of "gaging milk" and replaced defined term of "aseptically processed milk and milk product" with "ultra-high-temperature processed and aseptically packaged milk and milk product"; P.A. 93-320 added Subdiv. (27) defining
"handler"; (Revisor's note: In 1999, a reference in Subdiv. (27) to "mild products" was replaced editorially by the Revisors
with "milk products" to correct a typographical error in P.A. 93-320); June 30 Sp. Sess. P.A. 03-6 replaced separate
Commissioners of Agriculture and Consumer Protection with single Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger
of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-175 made a technical change,
deleted provision re regulation of Milk Regulation Board and replaced former definitions with new definitions in Subdivs.
(1) to (17); P.A. 06-19 redefined "raw milk" in Subdiv. (11) and "retail raw milk" in Subdiv. (13) and made a technical
change in Subdiv. (17), effective May 2, 2006.
See Secs. 22-152 and 22-153 re milk standards.
See Sec. 22-194 for definition of "pasteurization".
This section deals with definitions only and its terms are not regulatory or prohibitory. 148 C. 341.