PURPOSE: This rule updates and defines terms used in the regulations of the State Milk Board. This rule corresponds with the Grade “A” Pasteurized Milk Ordinance (PMO)— 2011 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The following definitions shall apply to the interpretations and enforcement of sections 196.931–196.959, RSMo:

   1. (A) Milk is the product defined in Code of Federal Regulations Title 21 section 131.110. Note: Applicable sections of parts 131 and 133 are included in Appendix L of the Grade “A” Pasteurized Milk Ordinance (PMO)— 2011 Revision Recommendations of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration.

      1. 1. Goat milk is the normal lacteal secre-

tion, practically free from colostrum, obtained by the complete milking of one (1) or more healthy goats. The word “milk” shall be interpreted to include goat milk.

1. 2. Sheep milk is the normal lacteal

secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy sheep. The word “milk” shall be interpreted to include sheep milk;

1. (B) Acidified milk is the product defined in the Code of Federal Regulations Title 21 section 131.111;
2. (C) Adulterated milk and milk products shall be deemed to be adulterated if one (1) or more of the conditions described in the Federal Food, Drug and Cosmetic Act Chapter IV section 402 exist;
3. (D) Automatic milking installation covers the entire installation of one (1) or more automatic milking units, including the hardware and software utilized in the operation of individual automatic milking units, the animal selection system, the automatic milking machine, the milk cooling system, the system for cleaning and sanitizing the automatic milking unit, the teat cleaning system, and the alarm systems associated with the process of milking, cooling, and sanitation;
4. (E) Bulk milk hauler/sampler is any person who collects official samples and may transport raw milk from a farm and/or raw milk products to or from a milk plant, receiving station, or transfer station and has in their possession a permit from the State Milk Board to sample such products;
5. (F) Bulk milk pickup tanker is a vehicle including the truck, tank, and those appurtenances necessary for its use, used by a bulk milk hauler/sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station;
6. (G) Buttermilk is a fluid product resulting from the manufacture of butter from milk or cream. It contains not less than eight and one-quarter percent (8 1/4%) of milk solids not fat;

7. (H) Concentrated (condensed) milk is the product defined in the Code of Federal Regulations Title 21 section 131.115.

   1. 1. Concentrated milk products shall be

taken to mean and to include homogenized concentrated milk, concentrated skim milk, concentrated reduced fat or lowfat milk, and similar concentrated products made from concentrated milk or concentrated skim milk, which when combined with potable water in accordance with instructions printed on the container label, conform with the definitions of the corresponding milk products in this section.

1. 2. Frozen milk concentrate is a frozen

milk product with a composition of milkfat and milk solids not fat in proportions that when a given volume of concentrate is mixed with a given volume of water, the reconstituted product conforms to the milkfat and milk solids not fat requirements of whole milk. In the manufacturing process, water may be used to adjust the primary concentrate to the final desired concentration. The adjusted primary concentrate is pasteurized, packaged, and immediately frozen. This product is stored, transported, and sold in the frozen state;

1. (I) Cottage cheese is that product defined in the Code of Federal Regulations Title 21 section 133.128.

   1. 1. Dry curd cottage cheese is that prod-

uct defined in the Code of Federal Regulations Title 21 section 133.129; 2 CSR 80-2

1. (J) Cream is the product defined in the Code of Federal Regulations Title 21 section 131.3(a).

   1. 1. Heavy cream is the product defined in

the Code of Federal Regulations Title 21 section 131.150.

1. 2. Light cream is the product defined in

the Code of Federal Regulations Title 21 section 131.155.

1. 3. Light whipping cream is the product

defined in the Code of Federal Regulations Title 21 section 131.157.

1. 4. Sour cream is the product defined in

the Code of Federal Regulations Title 21 section 131.160.

1. 5. Acidified sour cream is the product

defined in the Code of Federal Regulations Title 21 section 131.162;

1. (K) Cultured milk is the product defined in the Code of Federal Regulations Title 21 section 131.112;
2. (L) Dairy farm is any place or premises where one (1) or more lactating animals (cows, goats, sheep, water buffalo, or other hooved mammal) are kept for milking purposes, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale;
3. (M) Department means the Missouri Department of Agriculture;
4. (N) Dry cream is the product defined in the Code of Federal Regulations Title 21 section 131.149;
5. (O) Dry whole milk is the product defined in the Code of Federal Regulations Title 21 section 131.147;
6. (P) Eggnog is the product defined in the Code of Federal Regulations Title 21 section 131.170;
7. (Q) Evaporated milk is the product defined in the Code of Federal Regulations Title 21 section 131.130;
8. (R) Half-and-half is the product defined in the Code of Federal Regulations Title 21 section 131.180;
9. (S) Milk distributor is any person who offers for sale or sells to another any milk or milk products;
10. (T) Milk plant is any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed, condensed, dried, packaged, or prepared for distribution;
11. (U) Milk producer is any person who operates a dairy farm and provides, sells, or offers milk for sale;
12. (V) Milk products are those products which have been manufactured under the provisions of the Grade “A” Pasteurized Milk Ordinance (PMO)—2011 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Section 1(X), which is hereby incorporated by reference as published by the Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food Safety (HFS-316), 5100 Paint Branch Parkway, College Park, MD 20740-3835;
13. (W) Milk tank truck is the term used to describe both a bulk milk pickup tanker and a milk transport tank;
14. (X) Milk tank truck cleaning facility is any place, premises, or establishment, separate from a milk plant, receiving station, or transfer station, where a milk tank truck is cleaned and sanitized;
15. (Y) Milk tank truck driver is any person who transports raw or pasteurized milk or milk products to or from a milk plant, receiving station, or transfer station. Any transportation of a direct farm pickup requires the milk tank truck driver to have responsibility for accompanying official samples;
16. (Z) Milk transport tank is a vehicle including the truck and tank used by a bulk milk hauler/sampler to transport bulk shipments of milk and milk products from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station;
17. (AA) Milk transportation company is the person responsible for a milk tank truck(s);
18. (BB) Misbranded milk and milk products are misbranded if one (1) or more of the conditions described in the Federal Food, Drug and Cosmetic Act Chapter IV section 403 exist;
19. (CC) Nonfat dry milk is the product defined in the Code of Federal Regulations Title 21 section 131.125;
20. (DD) Nonfat dry milk fortified with vitamins A and D is the product defined in the Code of Federal Regulations Title 21 section 131.127;
21. (EE) Official laboratory is a biological, chemical, or physical laboratory which is under the direct supervision of the regulatory agency;
22. (FF) Officially designated laboratory is a commercial laboratory authorized to do official work by the regulatory agency, or a milk industry laboratory officially designated by the regulatory agency for the examination of producer samples of Grade “A” raw milk for pasteurization and commingled milk tank truck samples of raw milk for drug residues and bacteria limits;
23. (GG) Pasteurization, pasteurized, and similar terms shall mean 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 the following table and held continuously at or above that temperature for at least the corresponding specified time:

Temperature Time *145 °F (63 °C) 30 minutes *161 °F (72 °C) 15 seconds 191 °F (89 °C) 1 second 194 °F (90 °C) 0.5 second 201 °F (94 °C) 0.1 second 204 °F (96 °C) 0.05 second 212 °F (100 °C) 0.01 second

*If the fat content of the milk product is ten percent (10%) or greater, or a total solids of eighteen percent (18%) or greater, or if it contains added sweeteners, the specified temperature shall be increased by five degrees Fahrenheit (5 °F) (three degrees Celsius (3 °C)). Provided, that eggnog shall be heated to at least the following temperature and time specifications: Temperature Time 155 °F (69 °C) 30 minutes 175 °F (80 °C) 25 seconds 180 °F (83 °C) 15 seconds Provided further, that nothing in this definition shall be construed as barring any other process found equivalent to pasteurization for milk and milk products, which has been recognized by the Food and Drug Administration as provided in the Federal Food, Drug and Cosmetic Act, Chapter IV section 403(h)(3);

1. (HH) Person shall include any individual, milk plant operator, partnership, corporation, company, firm, trustee, association, or institution;
2. (II) Receiving station is any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting;
3. (JJ) Reconstituted or recombined milk and milk products shall mean milk or milk products as defined in Section 1 of the Grade “A” Pasteurized Milk Ordinance (PMO)—2011 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration which result from reconstituting or recombining of milk constituents with potable water when appropriate;
4. (KK) Regulatory agency shall mean the State Milk Board or its authorized representative. The term regulatory agency whenever it appears in these rules shall mean the appropriate agency having jurisdiction and control over the matters embraced within these rules;
5. (LL) Sanitization is the application of an effective method or substance to properly cleaned surfaces for the destruction of pathogens, and other microorganisms, as far as is practicable. Such treatment shall not adversely affect the equipment, the milk, and/or milk product, or the health of consumers, and shall be acceptable to the regulatory agency;
6. (MM) State Milk Board is the board appointed by the governor as outlined in section 196.941, RSMo 2000. Sanitary control of fluid milk in Missouri is the responsibility of this board;
7. (NN) State Milk Board authorized representative shall mean the person(s) authorized by the board to perform local milk inspection activities as employees of the board or as employees of a political subdivision of the state under contractual agreement with the State Milk Board;
8. (OO) Sweetened condensed milk is the product defined in the Code of Federal Regulations Title 21 section 131.120;
9. (PP) Transfer station is any place, premises, or establishment where milk or milk products are transferred directly from one (1) milk tank truck to another;
10. (QQ) Ultra-pasteurized, when used to describe a dairy product, means that the product shall have been thermally processed at or above two hundred eighty degrees Fahrenheit (280 °F) (one hundred thirty-eight degrees Celsius (138 °C)) for at least two (2) seconds, either before or after packaging, so as to produce a product which has an extended shelf life under refrigerated conditions (refer to Code of Federal Regulations Title 21 section 131.3); and

11. (RR) Yogurt is the product defined in the Code of Federal Regulations Title 21 section 131.200.

    1. 1. Lowfat yogurt is the product defined

in the Code of Federal Regulations Title 21 section 131.203.

1. 2. Nonfat yogurt is the product defined

in the Code of Federal Regulations Title 21 section 131.206;

AUTHORITY: section 196.939, RSMo 2000.* Original rule filed April 20, 1973, effective April 30, 1973. Rescinded and readopted: Filed March 11, 1980, effective July 1, 1980. Amended: Filed Feb. 1, 1990, effective April 26, 1990. Amended: Filed Feb. 15, 2007, effective July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Rescinded and readopted: Filed Feb. 17, 2012, effective Aug. 30, 2012. *Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.