1. (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Acidified milk and milk products--Milk and milk products obtained by the addition of food grade acids to pasteurized cream, half-and-half, milk, lowfat milk, or skim milk, resulting in a product acidity of not less than 0.20% expressed as lactic acid. Optional ingredients as defined in this section may be used in these products.
   2. (2) Acidified sour half-and-half--The product resulting from the souring of pasteurized half-and-half with safe and suitable acidifiers, and with or without addition of lactic acid producing bacteria. Acidified sour half-and-half contains not less than 10.5% but less than 18% milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of milkfat is not less than 10.5% of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 8.4% milkfat. Acidified sour half-and-half has a titratable acidity of not less than 0.5%, calculated as lactic acid. Optional ingredients as defined in this section may be used in these products.

   3. (3) Adulterated milk and milk products--Any milk or milk product shall be deemed to be adulterated:

      1. (A) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
      2. (B) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal regulation, or in excess of such tolerance if one has been established;
      3. (C) if it consists, in whole or in part, of any substance unfit for human consumption;
      4. (D) if it has been produced, processed, prepared, packed, or held under unsanitary conditions;
      5. (E) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
      6. (F) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
   4. (4) Buttermilk--A fluid product resulting from the manufacture of butter from milk or cream. It contains not less than 8-1/4% of milk solids-not-fat. Optional ingredients as defined in this section may be used in this product.
   5. (5) Concentrated milk--A fluid product unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk, which, when combined with potable water, results in a product conforming with the standards for milkfat and solids-not-fat of milk as defined in this paragraph. Optional ingredients as defined in this section may be used in this product.
   6. (6) Concentrated milk products--Includes homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, fortified concentrated skim milk, concentrated lowfat milk, fortified concentrated lowfat milk, concentrated flavored milk, concentrated flavored milk products, 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. Optional ingredients as defined in this section may be used in these products.

   7. (7) Cream--The sweet, fatty liquid separated from milk, with or without the addition of milk or skim milk, which contains not less than 18% milkfat.

      1. (A) Light cream, coffee cream, or table cream--Cream which contains not less than 18% but less than 30% milkfat.
      2. (B) Whipping cream--Cream which contains not less than 30% milkfat.
      3. (C) Light whipping cream--Cream that contains not less than 30% but less than 36% milkfat.
      4. (D) Heavy cream or heavy whipping cream--Cream which contains not less than 36% milkfat.
      5. (E) Whipped cream--Whipping cream into which air or gas has been incorporated. Optional ingredients as defined in this section may be used in these products.
      6. (F) Whipped light cream, coffee cream, or table cream--Light cream, coffee cream, or table cream into which air or gas has been incorporated. Optional ingredients as defined in this section may be used in these products.
      7. (G) Sour cream or cultured sour cream--A fluid or semifluid cream resulting from the souring, by lactic acid producing bacteria or similar culture, of pasteurized cream, which contains not less than 0.20% acidity expressed as lactic acid. Optional ingredients as defined in this section may be used in this product.
      8. (H) Sour cream dressing--A product made in semblance of sour cream but does not comply with the standards of identity for either sour cream or acidified sour cream. Sour cream dressing contains not less than 18% milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of milkfat is not less than 18% of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 14. 4% milkfat. Sour cream dressing has a titratable acidity of not less than 0.5%, calculated as lactic acid. The blend of all ingredients used shall be pasteurized, except that volatile flavoring substances, enzymes, bacterial cultures, and acidifying agents may be added following pasteurization. Optional ingredients as defined in this section may be used in these products.
      9. (I) Sour half-and-half dressing--A product made in semblance of sour half-and-half, but does not comply with the standards of identity for either sour half-and-half or acidified sour half-and-half. Sour half-and-half dressing contains not less than 10.5% but less than 18% milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of milkfat is not less than 10.5% of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 8.4% milkfat. Sour half-and-half dressing has a titratable acidity of not less than 0. 5%, calculated as lactic acid. The blend of all ingredients used shall be pasteurized, except that volatile flavoring substances, enzymes, bacterial cultures, and acidifying agents may be added following pasteurization. Optional ingredients as defined in this section may be used in these products.
      10. (J) Acidified sour cream--Sour cream resulting from the souring of pasteurized cream with safe and suitable acidifiers, with or without addition of lactic acid producing bacteria. Acidified sour cream contains not less than 18% milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients the weight of milkfat is not less than 18% of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 14.4% milkfat. Acidified sour cream has a titratable acidity of not less than 0.5%, calculated as lactic acid. Optional ingredients as defined in this section may be used in these products.
   8. (8) Cultured buttermilk--A fluid product resulting from the souring, by lactic acid producing bacteria of similar culture, of pasteurized skim milk or pasteurized lowfat milk. Optional ingredients as defined in this section may be used in this product.
   9. (9) Cultured milk or cultured whole milk buttermilk--A fluid product resulting from the souring, by lactic acid producing bacteria of similar culture, of pasteurized milk. Optional ingredients as defined in this section may be used in this product.
   10. (10) Dairy farm--Any place or premises where one or more cows or goats are kept, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, or receiving station.
   11. (11) Eggnog--A milk product consisting of a mixture of milk or milk product of at least 6.0% butterfat, at least 1.0% egg yolk solids, sweetener, and flavoring. Emulsifier and not over 0.5% stabilizer may be added.
   12. (12) Eggnog flavored milk--A milk product consisting of a mixture of at least 3.25% butterfat, at least 0.5% egg yolk solids, sweetener, and flavoring. Emulsifier and a maximum of 0.5% stabilizer may be added.
   13. (13) Flavored milk or milk products--Milk and milk products as defined in this Act to which has been added a flavor or sweetener or both. Optional ingredients as defined in this section may be used in these products.
   14. (14) Goat milk--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.
   15. (15) Grade "A" dry milk products--Milk products which have been produced for use in Grade "A" pasteurized milk products and which have been manufactured under the provisions of Grade "A."
   16. (16) Dry Milk Products--Recommended Sanitation Ordinance and Code for Dry Milk Products Used in Grade "A" Pasteurized Milk Products.
   17. (17) Milk products--Recommended Sanitation Ordinance and Code for Dry Milk Products Used in Grade "A" Pasteurized Milk Products.
   18. (18) Grade "A" pasteurized milk or milk products--Milk or milk products which have been produced and pasteurized in accordance with the specifications and requirements as promulgated by the director of health resources and which grade and grade label has been determined and awarded by a city or county health officer or by his representative; provided, however, that pasteurization of milk shall not constitute any change in the grade thereof and all milk shall be sold after pasteurization as the same grade as classified before pasteurization.
   19. (19) Grade "A" raw milk or milk products--Milk or milk products which have been produced and handled in accordance with the specifications and requirements as promulgated by the director of health resources and which grade and grade label has been determined and awarded by a city or county health officer or by his representative.
   20. (20) Grade "A" ultrapasteurized milk and milk products--milk or milk products which have been produced and ultrapasteurized in accordance with the specifications and requirements as promulgated by the director of health resources and which grade and grade label has been determined and awarded by a city or county health officer or by his representative; provided, however, that ultrapasteurization of milk shall not constitute any change in the grade thereof and all milk shall be sold after ultrapasteurization as the same grade as classified before ultrapasteurization.
   21. (21) Half-and-half--The food consisting of a mixture of milk and cream which contains not less than 10.5% but less than 18% milkfat. Optional ingredients as defined in this section may be used in these products.
   22. (22) Health authority--The city or county health officer or his representative. The term "health authority," wherever it appears in these specifications and requirements, shall mean the appropriate agency having jurisdiction and control over the matters embraced within these specifications and requirements.
   23. (23) Homogenized milk--Milk which has been treated to insure breakup of the fat globules to such an extent that, after 48 hours of quiescent storage at 45 degrees Fahrenheit, no visible cream separation occurs on the milk, and the fat percentage of the top 100 milliliters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than 10% from the fat percentage of the remaining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk. Optional ingredients as defined in this section may be used in this product.
   24. (24) Lowfat eggnog--A milk product from which sufficient milkfat has been removed to produce a food having within limits of good manufacturing practice one of the following milkfat contents: 0.5%, 1.0%, 1.5%, or 2.0%. It shall contain at least 1.0% egg yolk solids, sweetener, and flavoring. Emulsifier and not over 0.5% stabilizer may be added.
   25. (25) Lowfat milk--Milk from which sufficient milkfat has been removed to produce a food having, within limits of good manufacturing practice, one of the following milkfat contents: 0.5%, 1.0%, 1.5%, or 2.0%. Lowfat milk is pasteurized or ultrapasteurized, contains Vitamin A, and contains not less than 8.25% milk solids not fat. Lowfat milk may be homogenized. Vitamin A shall be present in such quantity that each quart of the food contains not less than 2,000 international units thereof within limits of good manufacturing practice. Addition of Vitamin D is optional. If added, Vitamin D shall be present in such quantity that each quart contains 400 international units thereof within limits of good manufacturing practice. Optional ingredients as defined in this section may be used in this product.
   26. (26) Lowfat milk with lactobacillus acidophilus culture added--Milk from which sufficient milkfat has been removed to produce a food having, within limits of good manufacturing practice, a milkfat content of 1.0% or 1.5% and to which a pure culture of lactobacillus acidophilus bacteria has been added in a sanitary manner after pasteurization. It may be pasteurized or ultra-pasteurized. It may be homogenized. It shall contain Vitamin A in a quantity not less than 2,000 international units per quart, within good manufacturing practice, and contains not less than 8.25% milk solids not fat. Addition of Vitamin D is optional. If added, Vitamin D shall be present in such quantity that each quart contains 400 international units thereof within limits of good manufacturing practice. Optional ingredients as defined in this section under definition(s) may be used in this product.
   27. (27) Milk--The lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8.25% milk solids-not-fat and not less than 3.25% milkfat. (Milkfat or butterfat is the fat of milk.)
   28. (28) Milk distributor--Any person who offers for sale or sells to another any milk or milk products.
   29. (29) Milk hauler--Any person who transports raw milk or raw milk products or both to or from a milk plant, a receiving or transfer station.
   30. (30) Milk plant and/or receiving station--Any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution.
   31. (31) Milk producer--Any person who operates a dairy farm and provides, sells, or offers milk for sale to a milk plant, receiving station, or transfer station.

   32. (32) Milk products--

       1. (A) Milk products include cream, light cream, coffee cream, table cream, whipping cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream, whipped table cream, sour cream, cultured sour cream, half-and-half, sour half-and-half, cultured half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, nonfat milk, lowfat milk, Vitamin D milk and milk products, Vitamin A milk and milk products, protein fortified milk and milk products, homogenized milk, flavored milk or milk products, buttermilk, cultured buttermilk, cultured milk, cultured whole milk buttermilk, acidified milk and milk products, eggnog, eggnog flavored milk, and lowfat eggnog. Optional ingredients as defined in this section may be used in these products.
       2. (B) This definition is not intended to include such products as sterilized milk and milk products hermetically sealed in a container and so processed, either before or after sealing, as to prevent microbial spoilage, or evaporated milk, condensed milk, ice cream and other frozen desserts, butter, dry milk products (except as defined herein), or cheese except when they are combined with other substances to produce any pasteurized milk or milk product defined herein.

   33. (33) Misbranded milk and milk products--Milk and milk products are misbranded:

       1. (A) when their container(s) bear or accompany any false or misleading written, printed or graphic matter;
       2. (B) when such milk and milk products do not conform to their definitions as contained in this Act; and
       3. (C) when such products are not labeled in accordance with the Texas state labeling requirements.
   34. (34) Officially designated laboratory--A commercial laboratory authorized to do official work by the supervising agency, or a milk industry laboratory officially designated by the supervising agency for the examination of producer samples of Grade "A" raw milk for pasteurization.
   35. (35) Official laboratory--A biological, chemical, or physical laboratory which is under the direct supervision of the local authority.
   36. (36) Optional ingredients--Means and includes Grade "A" dry milk products, concentrated milk, concentrated milk sweeteners, stabilizers, emulsifiers, acidifiers, vitamins, minerals, and similar ingredients.

   37. (37) Pasteurized--

       1. (A) When used to describe a dairy product means that every particle of such product shall have been heated in properly operated equipment to one of the temperatures specified in the table of this paragraph and held continuously at or above that temperature for the specified time (or other time/temperature relationship which has been demonstrated to be equivalent thereto in microbial destruction.
2. (b) These definitions can be changed or added to only by a public hearing when it is determined that additions or deletions or both are necessary to conform to changes in manufacturing practices or public demand.

Source Note:The provisions of this §217.1 adopted to be effective January 1, 1976; amended to be effective July 21, 1977, 2 TexReg 2354.