Current through all regulations passed and filed through September 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;
(d) Kept in good repair;
(e) Kept clean; and
(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;
(b) Be nontoxic;
(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.