Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 15 - FOOD
Chapter 10.15.05 - Manufacture and Sale of Frozen Dairy Foods and Ices Manufactured for Sale in Maryland
Section 10.15.05.21 - Definitions
Universal Citation: MD Code Reg 10.15.05.21
Current through Register Vol. 51, No. 19, September 20, 2024
A. In Regulations .21-.34 of this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adulterated". Frozen desserts or frozen
desserts mix shall be deemed to be adulterated if:
(a) It bears or contains any poisonous or
deleterious substance in a quantity which may render it injurious to
health;
(b) It bears or contains
any added poisonous or deleterious substances for which a safe tolerance has
not been established by State or federal regulations, or in excess of the
tolerance if one has been established;
(c) It consists, in whole or in part, of any
substance unfit for human consumption;
(d) It has been produced, processed,
prepared, packed, dispensed, or held under insanitary conditions;
(e) Its container is composed, in whole or in
part, of any poisonous or deleterious substance which may render the contents
injurious to health; or
(f) Any
substance has been added, mixed, or packed within the mix to increase its bulk
or weight, or reduce its quality or strength, or make it appear better or of
greater value than it is.
(2) "CFR" means the Code of Federal
Regulations of the United States Government.
(3) "C-I-P" means a procedure by which
equipment, pipelines and other facilities are cleaned-in-place in accordance
with 3-A Accepted Practices for Permanently Installed Sanitary
Product-Pipelines and Cleaning Systems.
(4) "Dispensing freezer" means that type of
equipment that freezes reconstituted powdered frozen dessert ingredients or
frozen desserts mix into a semi-soft condition for serving to a
customer.
(5) "Food service
facility" means restaurants, coffee shops, cafeterias, short order cafes,
luncheonettes, taverns, sandwich stands, sofa fountains, retail markets, and
food operations in industries, institutions, hospitals, clubs, schools, camps,
churches, catering kitchens, commissaries, or similar places in which food or
drink is prepared for sale or for service on the premises or elsewhere, or any
other operation where food is served or provided for the public with or without
charge.
(6) "Frozen desserts" means
any of the products enumerated in the law, Health-General Article, Title 21,
Subtitle 8, and as provided in Regulations .01-1-.20-3 of this
chapter.
(7) "Frozen desserts
distributor" means any person who offers for sale or sells prepackaged frozen
desserts.
(8) "Frozen desserts mix"
or "mix" means any frozen dessert in a liquid form, prepared by a frozen
desserts plant and intended for freezing before consumption.
(9) "Frozen desserts plant" means any place
or premise where frozen desserts or frozen dessert mixes are manufactured,
pasteurized, frozen, and packaged.
(10) "Milk products" include milk, cream, and
all other products listed under optional dairy ingredients as provided in
Regulation .01-1 of this chapter.
(11) "Misbranded". Frozen desserts and frozen
desserts mix are misbranded when:
(a) Their
containers bear or accompany any false or misleading written, printed, or
graphic matter;
(b) Frozen desserts
do not conform to their definitions as contained in these regulations;
and
(c) Products are not labeled in
accordance with Regulation .24 of this chapter.
(12) "National Sanitation Foundation" means
the National Sanitation Foundation, NSF Building, P.O. Box 1468, Ann Arbor,
Michigan 48106.
(13)
"Pasteurization".
(a) The terms
"pasteurization", "pasteurized", and similar terms mean the process of heating,
in approved and properly operated equipment, every particle of mix containing
milk and milk products to one of the following minimum temperatures and holding
at this temperature continuously for the specified time as indicated below:
(i) 155°F and holding at that temperature
for at least 30 minutes;
(ii)
175°F and holding at that temperature for at least 25 seconds;
(iii) 180°F and holding at that
temperature for at least 15 seconds;
(iv) 194°F and holding at that
temperature for at least 0.5 second.
(b) Nothing contained in this section shall
be construed as barring any other method or process, as may be demonstrated to
be equally efficient and which is approved by the Secretary.
(14) "Person" means any
individual, partnership, firm, corporation, or association.
(15) "Powdered frozen dessert ingredients"
means any dry mixture of pasteurized dry milk products, including whey, reduced
mineral whey, whey protein concentrate, reduced lactose whey, or optional
casseinates, which is intended for reconstitution, freezing, and retail sale by
a food service facility.
(16)
"Retail frozen desserts manufacturer" means a person who manufactures frozen
desserts from commercially supplied pasteurized mix derived from raw milk
supplies having acceptable United States Public Health Service (U.S.P.H.S.)
ratings, for retail sale directly to the consumer on the premises where
manufactured.
(17) "Sanitization"
means the application of any effective method or substance to a clean surface
for the destruction of pathogens, and of other organisms as far as is
practicable. This treatment may not adversely affect the equipment, frozen
desserts, or the health of consumers, and shall be acceptable to the
Secretary.
(18) "Secretary" means
the Secretary of Health and Mental Hygiene or his designee.
(19) "3-A Standards" means the standards for
dairy equipment and accepted practices formulated by the 3-A Sanitary Standards
Committee representing the International Association of Milk, Food and
Environmental Sanitarians, the U.S. Public Health Service, and the Dairy
Industry Committee, as published by the Journal of Food Protection, P.O. Box
701, Ames, Iowa 50010.
(20)
"Wholesale frozen desserts manufacturer" means a person who manufactures,
pasteurizes, packages, or freezes any frozen desserts mix for distribution or
sale other than for retail sale directly to the consumer on the premises where
manufactured.
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