191.2 - DAIRY PRODUCTS AND IMITATIONS.
191.2 DAIRY PRODUCTS AND IMITATIONS.
The products enumerated below shall be labeled on the side or top
of the container or package in which placed, kept, offered or exposed
for sale, or sold as prescribed in sections 189.9 to 189.12,
inclusive, except that the label shall be printed in letters not less
than three-quarters inch in height and one-half inch in width and
subject to the following regulations:
1. Renovated butter. Renovated butter shall be labeled with
the words "Renovated Butter", and if offered or exposed for sale or
sold in prints or rolls the wrapper of each and the container as
required above shall be so labeled. If such butter is offered or
exposed for sale uncovered and not in a container or package, a
placard containing the required label shall be attached to the mass
so as to be easily seen by the purchaser.
2. Oleomargarine.
a. No person shall sell or offer for sale, colored oleo,
oleomargarine, or margarine unless -- such oleo, oleomargarine, or
margarine is packaged; the net weight of the contents of any package
sold in a retail establishment is one pound or less; there appears on
the label of the package the word "oleo", "oleomargarine", or
"margarine" in type or lettering at least as large as any other type
or lettering on such label, and a full and accurate statement of all
the ingredients contained in such oleo, oleomargarine, or margarine;
and each part of the contents of the package is contained in a
wrapper which bears the word "oleo", "oleomargarine", or "margarine"
in type or lettering not smaller than twenty point type.
b. Whenever coloring of any kind has been added it shall be
clearly stated on both the inside wrapper and the outside package.
The ingredients of oleo, oleomargarine, or margarine shall be listed
on both the inside wrapper and outside package in the order of the
amounts of ingredients in the package.
c. Such oleo, oleomargarine, or margarine shall contain
vitamin "A" in such quantity that the finished oleo, oleomargarine,
or margarine contains not less than fifteen thousand United States
Pharmacopoeia units of vitamin "A" per pound, as determined by the
method prescribed in the Pharmacopoeia of the United States for the
total biological vitamin "A" activity.
3. Imitation cheese. Imitation cheese shall be labeled with
the words "Imitation Cheese" on the cheese and on the package.
4. Nonfat dry milk. For the purposes of this chapter the
product resulting from the removal of fat and water from milk and
containing the lactose, milk proteins, and milk minerals in the same
relative proportions as in the fresh milk from which it was made may
be labeled and sold as "nonfat dry milk". It shall contain not over
five percent by weight of moisture and the fat content shall not be
over one and one-half percent by weight unless otherwise indicated.
5. All bottles, containers, and packages enclosing milk or milk
products shall be conspicuously labeled or marked with:
a. The name of the contents as given in the definitions of
this chapter and chapters 190 and 192.
b. The word "reconstituted" or "recombined" if the product is
made by reconstitution or recombination.
c. The grade of the contents.
d. The word "pasteurized" if the contents are pasteurized and
the identity of the plant where pasteurized.
e. The word "raw" if the contents are raw and the name or
other identity of the producer.
f. The designation vitamin "D" and the number of U.S.P. units
per quart in the case of vitamin "D" milk or milk products.
g. The volume or proportion of water to be added for
recombining in the case of concentrated milk or milk products.
h. The words "nonfat milk solids added" and the percentage
added if such solids have been added, except that this requirement
shall not apply to reconstituted or recombined milk and milk
products.
i. The words "artificially sweetened" in the name if
nonnutritive or artificial sweeteners or both are used.
j. The common name of stabilizers, distillates, and
ingredients, provided that:
(1) Only the identity of the milk producer shall be required on
cans delivered to a milk plant as provided in chapter 192 which
receives only grade "A" raw milk for pasteurization, and which
immediately dumps, washes, and returns the cans to the milk producer.
(2) The identity of both milk producer and the grade shall be
required on cans delivered to a milk plant as provided in chapter 192
which receives both grade "A" raw milk for pasteurization and
ungraded raw milk and which immediately dumps, washes, and returns
the cans to the milk producer.
(3) In the case of concentrated milk products, the specific name
of the product shall be substituted for the generic term
"concentrated milk products", e.g., "homogenized concentrated milk",
"concentrated skim milk", "concentrated chocolate milk",
"concentrated chocolate flavored low fat milk".
(4) In the case of flavored milk or flavored reconstituted milk,
the name of the principal flavor shall be substituted for the word
"flavored".
(5) In the case of cultured milk and milk products, the special
type culture used may be substituted for the word "cultured", e.g.,
"acidophilus buttermilk", "Bulgarian buttermilk", and "yogurt".
6. All vehicles and transport tanks containing milk or milk
products shall be legibly marked with the name and address of the
milk plant or hauler in possession of the contents.
7. a. Tanks transporting raw milk and milk products to a milk
plant from sources of supply not under the supervision of the
secretary or authorized municipal corporation are required to be
marked with the name and address of the milk plant or hauler and
shall be sealed; in addition, for each such shipment, a shipping
statement shall be prepared containing at least the following
information:
(1) Shipper's name, address, and permit number.
(2) Permit number of hauler, if not employee of shipper.
(3) Point of origin of shipment.
(4) Tanker identity number.
(5) Name of product.
(6) Weight of product.
(7) Grade of product.
(8) Temperature of product.
(9) Date of shipment.
(10) Name of supervising health authority at the point of origin.
(11) Whether the contents are raw, pasteurized, or otherwise heat
treated.
b. Such statement shall be prepared in triplicate and shall
be kept on file by the shipper, the consignee, and the carrier for a
period of six months for the information of the secretary.
8. The labeling information which is required on all bottles,
containers, or packages of milk or milk products shall be in letters
of an acceptable size, kind, and color satisfactory to the secretary
and shall contain no marks or words which are misleading.
9. Milk and milk products are misbranded:
a. When their container bears or accompanies any false or
misleading written, printed, or graphic matter.
b. When such milk and milk products do not conform to their
definitions as contained in this chapter and chapters 190 and 192.
c. When such products are not labeled in accordance with this
section. Section History: Early Form
[C97, § 2517, 4989; S13, § 2515-b, -c; C24, 27, 31, 35, 39, §
3068; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 191.2]
Section History: Recent Form
91 Acts, ch 74, §8; 92 Acts, ch 1163, §45; 2006 Acts, ch 1010,
§60; 2009 Acts, ch 133, §208