1. (a) Samples of raw milk, raw cream, or raw milk products intended for use in the manufacture of mix shall be taken and examined by the health authority at a frequency to be established by the health authority. In addition, the health authority may collect and examine frozen dessert ingredients, frozen dessert, or frozen dessert mix. Samples of frozen desserts or imitation frozen desserts from dairy retail stores, food service establishments, grocery stores, and other places where frozen desserts or imitation frozen desserts are sold may be examined periodically as determined by the health authority. Proprietors of such establishments shall furnish the health authority, upon his request, with the names of all distributors from whom frozen desserts, frozen desserts mix, imitation frozen desserts, or imitation frozen desserts mix are obtained. The examination of samples of milk, cream, and milk products intended for use in the manufacture of mix shall be performed as directed by the health authority in an official or officially designated laboratory. The examination of samples of pasteurized mix, frozen desserts, unpasteurized imitation frozen desserts, and/or imitation frozen desserts, shall be performed in an official laboratory or in an officially designated laboratory under contract to do all of the official laboratory work of the health authority.
2. (b) Bacterial counts, coliform determinations, phosphatase tests, 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. Examination and tests shall include such other biological, chemical, and physical determinations as the health authority shall deem necessary for the detection of adulteration.
3. (c) Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for the milk, cream, milk products, mix, or frozen desserts, imitation frozen desserts, or imitation frozen desserts mix, the regulatory agency shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standards. An additional sample shall be taken within 21 days of the sending of such notice, but not before the lapse of three days. Immediate product suspension or other appropriate department of court action shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures of samples collected within the six-month period.
4. (d) The health authority shall establish the frequency of sampling pasteurized mix or frozen desserts during each six-month period for adequate pasteurization as determined by a phosphatase test. In the case of a confirmed positive result, the probable cause shall be determined and corrected to the satisfaction of the health authority before the mix is frozen or the frozen dessert is sold.
5. (e) No process or manipulation other than pasteurization, processing methods integral therewith, and appropriate refrigeration shall be applied to milk and milk products for the purpose of removing or deactivating organisms.
6. (f) Frozen desserts and mix shall comply with the following standards:

Source Note:The provisions of this §217.47 adopted to be effective January 1, 1976.