65-771. Definitions.
65-771
65-771. Definitions.As used in this act:
(a) "Adulterated" has the same meaning as provided in K.S.A. 65-664, andamendments thereto.
(b) "Dairy manufacturing plants" means any place where dairy products, gradeA milk or milk products are manufactured or prepared for sale or distribution,either at wholesale or retail. This term shall not include a licensed foodservice establishment which is licensed to manufacture homemade ice creampursuant to this act.
(c) "Dairy products" means products which may be made from milk or cream formanufacturing purposes and which are not required to meet grade A standards,including butter, cheese, dry whole milk, nonfat dry milk, dry buttermilk, drywhey, evaporated milk, whole or skim, condensed whole milk, condensed skimmilk, sweetened or plain, frozen dairy dessert, and frozen dairy dessert mixesand such other products as may be otherwise designated by rules andregulations.
(d) "Frozen dairy dessert" means and includes products containing milk orcream and other ingredients which are frozen or semi-frozen prior toconsumption, such as ice cream, ice milk or sherbet, including frozen dairydesserts for special dietary purposes.
(e) "Frozen dairy dessert mix" means the pasteurized unfrozen combination ofall ingredients with or without fruits, fruit juices, candy, nut meats, flavoror harmless color which makes a frozen dairy dessert.
(f) "Goat milk" means the normal lacteal secretion, practically free ofcolostrum, obtained by the complete milking of one or more healthy goats. Goatmilk sold in retail packages shall contain not less than 2.5 % milkfat and notless than 7.5 % milk solids not fat. Goat milk shall be produced according tothe sanitary standards of this act.
(g) "Grade A pasteurized milk" means pasteurized milk which has at least a90% survey rating, as determined by a survey of the source conducted by thesecretary pursuant to the survey rating methods for conducting surveys of thestatus of milk sanitation. The milk shall meet the requirements for grade Aunder the rules and regulations adopted pursuant to this act. The secretary mayauthorize the use of the grade A designation for a temporary time period ongrade A pasteurized milk within the statewide system of milk inspection andregulatory services, although such grade A pasteurized milk does not have atleast a 90% survey rating.
(h) "Grade A pasteurized milk products" means all pasteurized milk productswhich have at least a 90% survey rating, as determined by a survey of thesource conducted by the secretary pursuant to the survey rating methods forconducting surveys of the status of milk sanitation. The pasteurized milkproducts shall meet the requirements for grade A under rules and regulationsadopted pursuant to this act. The secretary may authorize the use of the gradeA designation for a temporary time period on grade A pasteurized milk productswithin the statewide system of milk inspection and regulatory services,although such grade A pasteurized milk products do not have at least a 90%survey rating.
(i) "Grade A raw milk for pasteurization" means milk having at least 90%survey rating, as determined by a survey of the source conducted by thesecretary pursuant to the survey rating methods for conducting surveys of thestatus of milk sanitation, the raw milk meeting the requirements for grade Aunder the rules and regulations adopted pursuant to this act. The secretary mayauthorize the use of the grade A designation for a temporary time period ongrade A raw milk for pasteurization within the statewide system of milkinspection and regulatory services, although such milk does not have at least a90% survey rating.
(j) "Imminent health hazard" means any condition which involves milk, milkproducts, or dairy products, or any practice or procedure in the handling,transportation, storage, processing or manufacturing of a milk, milk product ordairy product which poses a significant threat of danger to the public healthwhich should be corrected immediately to prevent injury or sickness and whichshould not be permitted to continue while a hearing or other proceeding isbeing conducted. An imminent health hazard may be declared at any point in achain of events which ultimately may result in harm or danger to the publichealth. The occurrence of the final anticipated injury or other disease relatedcondition shall not be a prerequisite for the establishment of the existence ofan imminent health hazard.
(k) "In package form" means any commodity put up or packaged in any manner inadvance of sale so as to constitute a unit quantity of the commodity for eitherwholesale or retail sale, exclusive of any auxiliary container enclosing suchpackages which individually conform to the requirements of this act.
(l) "Milk" means the lacteal secretion, practically free from colostrum,obtained by the complete milking of one or more healthy cows. Milk that is infinal package form for beverage use shall have been pasteurized orultrapasteurized, and shall contain not less than 8.25% milk solids not fat andnot less than 3.25% milkfat. Milk may have been adjusted by separating part ofthe milkfat therefrom, or by adding thereto cream, concentrated milk, dry wholemilk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may behomogenized. Milk shall be interpreted to include goat milk.
(m) "Milk distributor" means any person who first sells or offers for sale inKansas any packaged grade A pasteurized milk, milk product, or dairy product.
(n) "Milk hauler/sampler" means any person who collects official samples andmay transport raw milk from a farm or raw milk products to or from a milkplant or both, receiving station or transfer station and has in theirpossession a permit from any state to sample such products.
(o) "Milk inspection and regulatory services" means the inspection, sampling,laboratory testing and the administrative procedures relating thereto,necessary to determine that the production, processing, distribution and saleof grade A milk, milk products, and dairy products comply with the requirementsof this act and any rules and regulations adopted hereunder.
(p) "Milk or cream for manufacturing purposes" means raw milk or raw creamwhich is not subject to grade A standards and which is produced for processingand manufacturing into dairy products for human consumption. Milk formanufacturing purposes may contain less than 3.25% of butterfat and shall bedelivered pure, sweet and clean.
(q) "Milk or cream receiving station" means any place where milk or cream maybe received, collected, handled, processed, stored or collected and preparedfor further transporting.
(r) "Milk or cream transfer station" means any place where milk or cream aretransferred directly from one milk tank truck to another.
(s) "Milk processor" means any person who operates any place, premises orestablishment where grade A raw milk for pasteurization or milk or cream formanufacturing purposes is processed, pasteurized, bottled or prepared fordistribution.
(t) "Milk producer" means any person who owns or operates a dairy farm andwho provides, sells or offers for sale grade A raw milk for pasteurization ormilk or cream for manufacturing purposes to a milk plant, receiving station ortransfer station.
(u) "Milk products" means cream, light cream, light whipping cream, heavycream, heavy whipping cream, whipped cream, whipped light cream, sour cream,acidified sour cream, cultured sour cream, half-and-half, sour half-and-half,acidified sour half-and-half, cultured sour half-and-half, reconstituted orrecombined milk and milk products, concentrated milk, concentrated milkproducts, nonfat skim milk, reduced fat or lowfat milk, frozen milkconcentrate, eggnog, buttermilk, cultured milk, cultured reduced fat or lowfatmilk, cultured nonfat skim milk, yogurt, lowfat yogurt, nonfat yogurt,acidified milk, acidified reduced fat or lowfat milk, acidified nonfat skimmilk, low-sodium milk, low-sodium reduced fat or lowfat milk, low-sodium nonfatskim milk, lactose-reduced milk, lactose-reduced reduced fat or lowfat milk,lactose-reduced nonfat skim milk, aseptically processed and packaged milk andmilk products, milk, reduced fat or lowfat milk or nonfat skim milk with addedsafe and suitable microbial organisms and any other milk product made by theaddition or subtraction of milkfat or addition of safe and suitable optionalingredients for protein, vitamin or mineral fortification of milk productsdefined herein. Milk products also include those dairy foods made by modifyingthe federally standardized products listed in this section in accordance with21 C.F.R. 130.10, requirements for foods named by use of a nutrient contentclaim and a standardized term. Milk and milk products which have been retortprocessed after packaging or which have been concentrated, condensed or driedare included in this definition only if they are used as an ingredient toproduce any milk or milk product defined herein or if they are labeled as GradeA as adopted and described by rules and regulations promulgated under this act.Except as otherwise provided, the term milk shall not include dietary products,infant formula, ice cream or other desserts, butter or cheese.
(v) "Misbranded" has the same meaning as ascribed to it in K.S.A. 65-665, andamendments thereto.
(w) "On-farm retail sales of milk or milk products" means the sale of milk ormilk products on the farm by the producer from the production of the dairy herdto the final consumer, so long as the person making such sales does not promotethe sale of milk or milk products to the public in any manner other than by theerection of a sign upon the premises of the dairy farm. The advertisement uponany such sign shall state that such milk or milk products are raw and shall bein letters of a uniform size. Each container in which any unpasteurized milk issold or offered for sale shall be clearly labeled as ungraded raw milk.
(x) "Pasteurized" has the same meaning as ascribed to it in 21 C.F.R. 131.3and 135.3.
(y) "Person" means any individual, plant operator, partnership,corporation, company, firm, trustee, association or institution.
(z) "Plant fabricating single service articles" means any place whichmanufactures single service articles which are expected to come in contact withgrade A milk or grade A milk products.
(aa) "Secretary" means the secretary of the Kansasdepartment of agriculture, or the secretary's designee.
(bb) "Single service article or container" means any container having a milkor milk product-contact surface and used in the packaging, handling, storage orservicing of grade A milk and is intended for one usage only.
History: L. 2001, ch. 32, § 1;L. 2002, ch. 181, § 15;L. 2004, ch. 101, § 171; July 1.