1. A. All milk and milk products used as ingredients in frozen desserts and frozen desserts mix shall be produced, processed, and pasteurized to conform with the following chemical, bacteriological, and temperature standards:

   (1) Milk and Milk Products as Ingredients	Temperature	Cooled at 45°F or less and maintained at that temperature until processed.
   	Bacterial Limit	Not exceeding 300,000 per m/l as commingled milk before pasteurization.
   	Antibiotics	No detectable zone with the Bacillus subtilis method or equivalent as set forth in Appendix N of the Grade “A” Pasteurized Milk Ordinance.
   (2) Frozen Desserts and Frozen Desserts Mix	Temperature	Frozen desserts mix cooled to 45° or less and maintained at that temperature until processed.
   		Frozen desserts exempt.
   	Bacterial Limit	Frozen desserts and frozen desserts mix—50,000 per/gm.
   	Coliform Limit	Frozen desserts and frozen desserts mix not exceeding 10 per/gm. or 20 per/gm. for chocolate, fruit, nuts, or other bulky flavors.
   	Phosphates	Less than 1 microgram/ml by Scharer Rapid Method (or equivalent by other means).
   (3) Reconstituted Powdered Frozen Dessert Ingredients	Temperature	Cooled to 45°F or less within 4 hours after reconstitution and cooled to 0°F or less within 24 hours after reconstitution.
   	Bacterial Limit	Not exceeding 50,000 per gm.
   	Coliform Limit	Not exceeding 10 per gm. or 20 per gm. for chocolate or other bulky flavors.

2. B. A process or manipulation, other than pasteurization processing methods, and appropriate refrigeration, may not be applied to milk and milk products for the purpose of removing or deactivating microorganisms.
3. C. Bacterial counts, coliform determinations, cooling temperatures, phosphatase test and other laboratory and screening tests shall conform to the procedures in the latest edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association and the latest edition of the Official Method of Analysis of the Association of Official Analytical Chemists.
4. D. Examinations and tests shall include any other chemical, bacteriological, or physical determinations as the Secretary deems necessary for the detection of adulteration.
5. E. Sterile frozen desserts mix in hermetically sealed containers shall meet all applicable requirements. Bacterial, coliform, and cooling standards do not apply to mix in hermetically sealed containers.
6. F. When samples are obtained from bulk containers of frozen desserts or frozen desserts mix, only a cleaned and sanitized dipper shall be used to obtain a sample from a portion of the bulk amount not previously contacted by a dipper.
7. G. Frozen dessert mix samples for determining the wholesale frozen dessert manufacturer’s compliance with bacteriological and temperature standards shall be collected while in the possession of the wholesale frozen dessert manufacturer before final delivery.
8. H. Frozen dessert mix samples for chemical and physical analysis may be taken at any time.
9. I. The wholesale frozen desserts manufacturer shall be held responsible only for those samples taken from unopened containers.
10. J. Samples of hard frozen desserts, in unopened factory-filled containers, may be collected any time before sale for determining the wholesale frozen dessert manufacturer's or retail frozen dessert manufacturer's compliance with chemical and physical standards.
11. K. Mix once drawn from a dispensing freezer shall not be re-used.

Authority: Health-General Article, §21-804, Annotated Code of Maryland

Effective date: November 15, 1973

Regulations .25A, .26U, and .27A amended effective August 25, 1978 (5:17 Md. R. 1330)

Chapter revised effective June 12, 1981 (8:12 Md. R. 1062)

Regulations .02C, .14, .21B, .25G, H, I, .29A, and .30 amended effective January 12, 1987 (14:1 Md. R. 31)

Regulations .10-1, .20-1, .20-2, and .20-3 adopted effective January 12, 1987 (14:1 Md. R. 31)

Regulation .21B amended effective January 2, 1994 (20:26 Md. R. 2027)

Regulation .22 amended as an emergency provision effective June 27, 2012 (39:15 Md. R. 962); amended permanently effective October 1, 2012 (39:19 Md. R. 1236)

Regulation .25A amended effective January 2, 1994 (20:26 Md. R. 2027)

Regulation .35 repealed and new regulation .35 adopted effective January 12, 1987 (14:1 Md. R. 31)

Regulation .35 amended as an emergency provision effective June 27, 2012 (39:15 Md. R. 962); amended permanently effective October 1, 2012 (39:19 Md. R. 1236)

Chapter revised effective February 27, 2017 (44:4 Md. R. 254)