PURPOSE: This rule defines terms used in the regulations of the State Milk Board. This rule corresponds with Part II, Section 1 of the Grade A Pasteurized Milk Ordinance with Administrative Procedures—2005 Recommendations of the United States 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 21 CFR section 131.110. Note: Applicable sections of parts 131–133 are included in Appendix L of the Grade A Pasteurized Milk Ordinance with Administrative Procedures—2005 Recommendations of the United States Public Health Service/Food and Drug Administration (PMO).

      1. 1. Goat milk is the lacteal secretion,

practically free from colostrum, obtained by the complete milking of healthy goats. The word milk shall be interpreted to include goat milk.

1. 2. Breed milk is milk from a herd of

cows where at least ten percent (10%) of the herd is registered purebred and the remainder at least high grade individuals of the same breed. The word milk shall be interpreted to include breed milk;

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

   1. 1. Light cream is the product defined in

the Code of Federal Regulations Title 21 section 131.155.

1. 2. Light whipping cream is the product

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

1. 3. Heavy cream or heavy whipping

cream is the product defined in the Code of Federal Regulations Title 21 section 131.150.

1. 4. Whipped cream is the product

defined in the Code of Federal Regulations Title 21 section 131.150 or 131.157, into which air or gas has been incorporated.

1. 5. Whipped light cream is the product

defined in the Code of Federal Regulations Title 21 section 131.155, into which air or gas has been incorporated.

1. 6. Sour cream or cultured sour cream is

the product defined in the Code of Federal Regulations Title 21 section 131.160.

1. 7. Acidified sour cream is the product

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

1. (C) Half-and-half is the product defined in the Code of Federal Regulations Title 21 section 131.180.

   1. 1. Sour half-and-half or cultured sour

half-and-half is the product defined in the Code of Federal Regulations Title 21 section 131.185.

1. 2. Acidified sour half-and-half is the

product defined in the Code of Federal Regulations Title 21 section 131.187;

1. (D) Reconstituted or recombined milk and milk products shall mean milk or milk products as defined in this section which result from reconstituting or recombining of milk constituents using potable water when appropriate;

2. (E) Concentrated milk is a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk, which, when recombined with potable water in accordance with instructions printed on the container, results in a product conforming with the milkfat and milk solids-not-fat levels of milk as previously defined.

   1. 1. Concentrated milk products shall be

taken to mean and to include homogenized concentrated milk, concentrated skim milk, concentrated lowfat milk and similar concentrated products made from concentrated milk or concentrated skim milk and which, when combined with potable water in accordance with instructions printed on the container, 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 2 CSR 80-2

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. (F) Skim milk is the product defined in the Code of Federal Regulations Title 21 section 131.145;
2. (G) Lowfat milk is the product defined in the Code of Federal Regulations Title 21 section 131.135;
3. (H) Eggnog is the product defined in the Code of Federal Regulations Title 21 section 131.170;

4. (I) 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 solidsnot-fat.

   1. 1. Cultured buttermilk is the product

defined in the Code of Federal Regulations Title 21 section 131.146.

1. 2. Acidified buttermilk is the product

defined in the Code of Federal Regulations Title 21 section 131.144;

1. (J) Cultured milk is the product defined in the Code of Federal Regulations Title 21 section 131.112.

   1. 1. Cultured lowfat milk is the product

defined in the Code of Federal Regulations Title 21 section 131.138;

1. (K) Acidified milk is the product defined in the Code of Federal Regulations Title 21 section 131.111.

   1. 1. Acidified lowfat milk is the product

defined in the Code of Federal Regulations Title 21 section 131.136;

1. (L) 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;

1. (M) Low-sodium milk or low-sodium lowfat milk or low-sodium skim milk is the product resulting from the treatment of milk, lowfat milk or skim milk (as defined in this rule) by a process of passing the milk, lowfat milk or skim milk through an ion exchange resin process or any other process which has been recognized by the Food and Drug Administration that effectively reduces the sodium content of the product to less than ten

1. (10) milligrams in one hundred (100) milliliters.

   1. 1. Lactose-reduced milk or lactose-

reduced lowfat milk or lactose-reduced skim milk is the product resulting from the treatment of milk, lowfat milk or skim milk (as defined in this rule) by the addition of safe and suitable enzymes to convert sufficient amounts of the lactose to glucose and/or galactose so that the remaining lactose is less than thirty percent (30%) of the lactose in milk, lowfat milk or skim milk;

1. (N) Milk products include cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-andhalf, sour half-and-half, acidified sour halfand-half, cultured half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, lowfat milk, frozen milk concentrate, eggnog, buttermilk, cultured buttermilk, acidified buttermilk, cultured milk, cultured lowfat milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat milk, low-sodium milk, low-sodium lowfat milk, low-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat milk, lactose-reduced skim milk and milk, lowfat milk or skim milk with added safe and suitable microbial organisms.

   1. 1. This definition is not intended to

include products such as sterilized milk and milk products hermetically sealed in a container and so processed, either before or after sealing, as to prevent microbial spoilage, evaporated milk, evaporated skim milk, condensed milk (sweetened or unsweetened), dietary products (except as defined in this rule), infant formula, butter, ice cream and other frozen desserts, dry milk products (except as defined in this rule) or cheese except when they are combined with other substances to produce any pasteurized milk or milk products defined in this rule;

1. (O) Cottage cheese is that product defined in the Code of Federal Regulations Title 21 section 133.128. The grading of this product is optional.

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

uct defined in the Code of Federal Regulations Title 21 section 133.129. The grading of this product is optional.

1. 2. Lowfat cottage cheese is that product

defined in the Code of Federal Regulations Title 21, section 133.131. The grading of this product is optional;

1. (P) Grade A dry milk and whey products are products which have been produced for use in Grade A pasteurized milk products and which have been manufactured under the provisions of the 2005 edition of the Grade A Pasteurized Milk Ordinance with Administration Procedures is hereby incorporated by reference as published by the Department of Health and Human Services, Public Health Services, Food and Drug Administration, Milk Safety Branch (HFS-626), 5100 Paint Branch Parkway, College Park, MD 20740- 3835. This rule does not incorporate any subsequent amendments or additions to the Pasteurized Milk Ordinance (PMO).
2. (Q) Adulterated milk and milk products shall be deemed to be adulterated if one (1) or more of the conditions described in section 402 of the Federal Food, Drug and Cosmetic Act exist;
3. (R) Misbranded milk and milk products are misbranded if one (1) or more of the conditions described in section 403 of the Federal Food, Drug and Cosmetic Act exist;
4. (S) Homogenized is the term that means that milk or a milk product has been treated to insure breakup of the fat globules to an extent that after forty-eight (48) hours of quiescent storage at forty-five degrees Fahrenheit (45°F) (7°C), no visible cream separation occurs on the milk; and the fat percentage of the top one hundred (100) milliliters of milk in a quart or of proportionate volumes in containers of other sizes, does not differ by more than ten percent (10%) from the fat percentage of the remaining milk as determined after thorough mixing;

5. (T) The terms 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 *145°F (63°C) *161°F (72°C) 191°F (89°C) 194°F (90°C) 201°F (94°C) 205°F (96°C) 212°F (100°C)

*If the fat content of the milk product is ten percent (10%) or more or if it contains added sweeteners, the specified temperature shall be increased by five degrees Fahrenheit (5°F) (3°C). Provided, that eggnog shall be heated to at least the following temperature and time specifications:

Temperature 155°F (69°C) 175°F (80°C) 180°F (83°C)

Provided further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the Food and Drug Administration Time 30 minutes 15 seconds 1 second 0.5 second 0.1 second 0.05 second 0.01 second

Time 30 minutes 25 seconds 15 seconds to be equally efficient and which is approved by the regulatory agency;

1. (U) The term 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 (280°F) (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;
2. (V) Sanitization is the application to a clean surface of any effective method or substance for the destruction of pathogens, and of other organisms as far as is practicable. This treatment shall not adversely affect the equipment, the milk or milk product or health of consumers and shall be acceptable to the regulatory agency;
3. (W) A milk producer or dairyman is any person who operates a dairy farm and provides, sells or offers all of his/her milk for sale to a milk plant, receiving station or transfer station at intervals satisfactory to the regulatory agency (exclusive of personal family use);
4. (X) A milk hauler is any person who operates a bulk milk pick-up tanker, collects raw milk at a dairy farm and transports same to a milk plant, receiving or transfer station and collects and cares for milk samples in transportation;
5. (Y) A milk distributor is any person who offers for sale or sells any milk or milk products to another;
6. (Z) 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;
7. (AA) A dairy farm is any place or premises where one (1) or more cows or goats are kept and from which all of the milk or milk products are produced, sold or offered for sale to a milk plant, transfer station or receiving station (exclusive of personal family use);
8. (BB) A milk plant is any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled or prepared for distribution;
9. (CC) A transfer station is any place, premises or establishment where milk or milk products are transferred directly from one-milk tank truck to another;
10. (DD) A receiving station is any place, premises or establishment where raw milk is received, collected, handled, stored or cooled and prepared for further transporting;
11. (EE) A bulk milk pick-up tanker is a vehicle including the truck, tank and those appurtenances necessary for its use, used by a milk hauler to transport bulk raw milk for pasteurization from a dairy farm to a transfer station, receiving station or milk plant;
12. (FF) A milk transport tank is a vehicle including the truck and tank used by a milk hauler to transport bulk shipments of milk from a transfer station, receiving station or milk plant to another transfer station, receiving station or milk plant;
13. (GG) An official laboratory is a biological, chemical or physical laboratory which is under the direct supervision of the state or a local regulatory agency;
14. (HH) An officially designated laboratory is a commercial laboratory authorized by the regulatory agency to do official work, 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 antibiotic residues;
15. (II) Department means the Missouri Department of Agriculture;
16. (JJ) The 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;
17. (KK) 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;
18. (LL) The word person shall include any individual, plant operator, receiving station operator, transfer station operator, milk producer, milk hauler, milk distributor, partnership, corporation, company, firm, trustee, association or institution; and
19. (MM) Where the term and/or is used, and shall apply where appropriate, otherwise or shall apply.

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. *Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.