Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
217.015,
217.025,
217.035,
217C.030,
247.4453,
247.453,
7 C.F.R. 58.101,
21
C.F.R. 131.3(b),
133.3(d),
135.3,
178.1010
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate the programs and fulfill the responsibilities vested in
the cabinet.
KRS
211.180(1)(c) authorizes the
cabinet to promulgate administrative regulations for the safe handling of food
and food products.
KRS
217C.040 authorizes the cabinet to regulate
the production, transportation, processing, handling, sampling, examination,
grading, labeling, standards of identity, sale and other matters relating to
milk and milk products as may be necessary to protect the public health. This
administrative regulation defines terms applicable to 902 KAR Chapter
50.
Section 1. Definitions.
(1) "Adulterated " means any milk or milk
product adulterated as provided by
KRS
217.025.
(2) "Cabinet" is defined by
KRS
217C.030(2).
(3) "Certified sample collector" or
"Certified sampler" means an employee of the department, fieldman or milk
hauler who has been approved to collect milk samples for regulatory
purposes.
(4) "Cleaned-in-place"
means the procedure by which sanitary pipeline or pieces of dairy equipment are
mechanically cleaned-in-place by circulation.
(5) "Dairy farm" means a place where one (1)
or more milking cows or goats are kept for milking purposes, and from which a
part or all of the milk produced is delivered, sold, or offered for sale to a
dairy, plant, receiving station or transfer station.
(6) "Department" means the Department for
Public Health.
(7) "Distributor"
means a permitted person, place, or location that sells or contributes
permitted products to the consumer.
(8) "Goat milk" is defined by
7 C.F.R.
58.101(k)(2).
(9) "Grade A milk and milk products" means
those products produced, processed, transported and distributed in accordance
with
902
KAR 50:110.
(10) "Handler" is defined by
KRS
247.453(7).
(11) "Inspector" means an employee of the
department who is qualified, trained, and authorized to:
(a) Perform dairy farm or plant inspections,
or both;
(b) Grade raw
milk;
(c) Evaluate quality control
programs of milk plants; and
(d)
Carry out the enforcement procedures of the department's administrative
regulations relating to milk and milk products.
(12) "Manufactured milk and milk products"
means those products produced, processed, transported and distributed in
accordance with the department's manufacturing milk administrative
regulations.
(13) "Milk" is defined
by 21
C.F.R. 131.110(a).
(14) "Milk grader" means a person who is
qualified for the grading of raw milk in accordance with quality standards and
procedures.
(15) "Milk hauler" or
"hauler" means any person who transports milk or raw milk products to or from a
milk plant, receiving station or transfer station.
(16) "Milk plant" or "plant" means any place,
premises, or establishment where milk or milk products are processed, stored,
pasteurized, aseptically processed and packaged, or prepared for
distribution.
(17) "Misbranded "
means any milk or milk product misbranded as provided by
KRS
217.035.
(18) "Official laboratory" means the
biological, chemical, or physical laboratory which is under the direct
supervision of the department.
(19)
"Officially designated laboratory" means a designated milk industry or
commercial laboratory authorized by the department for the examination of
producer samples, commingled milk tank truck samples, milk containers, or
finished products.
(20)
"Pasteurized" is defined by:
(a)
7 C.F.R.
58.101(n) for products
having dairy ingredients with a fat content of ten (10) percent or more, or
contain added sweeteners, and condensed milk;
(b)
21
C.F.R. 131.3(b) for milk and
cream;
(c)
21
C.F.R. 133.3(d) for cheese
and related cheese products; and
(d)
21
C.F.R. 135.3 for frozen desserts.
(21) "Person" is defined by
KRS
217.015(32).
(22) "Producer" is defined by
KRS
247.4453(3).
(23) "Receiving station" is defined by
7 C.F.R.
58.101(y).
(24) "Sanitizing solution" is defined by
21 C.F.R.
178.1010.
(25) "Transfer station" is defined by
7 C.F.R.
58.101(z).
(26) "Use by" means the date on a consumer
package or container of Grade A pasteurized milk or milk products subsequent to
the date of manufacturing, processing or packaging that represents the period
of time the product will remain unspoiled and acceptable for consumption when
transported, handled and stored under approved conditions. The terms "Sale by"
or "Best if used by" shall have the same meaning as "use
by".
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.180(1)(c),
217C.040
