Current through all regulations passed and filed through December 16, 2024
(A) Frozen desserts shall be pasteurized by
holding the mixture continuously at or above the following temperatures for not
less than the corresponding time:
Temperature |
Time |
155 degrees F (69 degrees C) |
30 minutes |
175 degrees F (80 degrees C) |
25 seconds |
180 degrees F (83 degrees C) |
15 seconds |
191 degrees F (89 degrees C) |
1.0 second |
194 degrees F (90 degrees C) |
0.5 second |
201 degrees F (94 degrees C) |
0.1 second |
204 degrees F (96 degrees C) |
0.05 second |
212 degrees F (100 degrees C) |
0.01 second |
The equipment used and the operation of the equipment shall
comply with section 7, item 16p
and "Appendix H of the PMO," as adopted in
Chapter 901:11-1of the Administrative Code.
(B) All milk and milk products, eggs, egg
products, cocoa, cocoa products, emulsifiers, stabilizers, vitamins, and liquid
sweeteners shall be added to the frozen dessert before it is pasteurized except
in cases where:
(1) The processor demonstrates
to the director's satisfaction that the addition of these ingredients prior to
pasteurization will negatively impact the ability to produce the product or the
quality of the product; and
(2)
Records are maintained to the director's satisfaction showing the science
proving the ingredients which are added after pasteurization are safe and
suitable; and
(3) The ingredients
are safely and sanitarily added to the frozen dessert
product.
(C) Flavoring
and coloring ingredients may be added after pasteurization when:
(1) The ingredient has been subjected to a
prior heat treatment sufficient to destroy pathogenic microorganisms; or
(2)
The ingredient has 0.85 per cent water activity or less when
the water activity is calculated by dividing the water vapor pressure of the
ingredient by the vapor pressure of pure water when at the same temperature as
the ingredient; or
(3) The
ingredient has a high acid content (pH level of 4.6 or below when measured at
seventy-five degrees Fahrenheit (twenty-four degrees Celsius)) or high
alkalinity (pH level greater than eleven when measured at seventy-five degrees
Fahrenheit (twenty-four degrees Celsius)); or
(4)
There is an alcohol content in the ingredient sufficient to assure that
pathogenic microorganisms will not be transferred to the final product;
or
(5) The ingredients consist of safe and
suitable bacterial cultures; or enzymes; or
(6)
The ingredients are dry sugars and salts; or
(7)
The ingredients are subjected to any process acceptable to the director which
will assure that the ingredient is free of pathogenic
microorganisms.
(D)
Frozen desserts may be pasteurized at a milk plant other than the milk plant
where it is packaged for retail sale provided it is transported to the
packaging milk plant in a tote using a single service liner which complies with
the following specifications:
(1) Totes used
to transport frozen dessert mix shall be:
(a)
Constructed and managed to protect their contents from sun, freezing, and
contamination;
(b) Constructed for
ease of cleaning;
(c) Constructed
of smooth, impervious, corrosion-resistant, nontoxic material;
(f)
Constructed to be fully enclosed when in transport. Provided, totes
or containers of five gallon capacity or less are
not required to be fully enclosed.
(2) The single service liner used to
transport frozen dessert mix shall:
(a) Be
fabricated from material complying with 21 C.F.R. parts 175 to 178;
(c) Be free from deleterious
substances;
(d) Be free of coliform
organisms; and
(e) Have a residual bacteria count not to
exceed fifty per container, when the rinse test is used, or not over fifty
colonies per eight square inches (one per square centimeter) of product contact
surface, when the swab test is used. Testing procedures shall be in substantial
compliance with the standard methods as defined in rule
901:11-3-01 of the
Administrative Code.
(3)
No substance capable of contaminating the frozen dessert mix shall be
transported with the product.