4-30 Dairy Products Regulations - North Dakota Statutes

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CHAPTER 4-30DAIRY PRODUCTS REGULATIONS4-30-01. Definitions. In this chapter, unless the context otherwise requires:1."Approved laboratory" means a laboratory in which the entire facilities and
equipment have been approved by the department as being adequate to perform the
necessary official tests in accordance with the North Dakota laws and the rules of
the department.2."Cheese factory" means a place where cheese is made for commercial purposes.3."Commissioner" means the agriculture commissioner or the commissioner's
designee.4."Composite sample" means a mixture of single samples of milk or milk products
taken from different lots or deliveries, the amount taken each time being in
proportion to the amount of milk or milk products delivered. Composite samples are
usually taken for determining the butterfat content of a product and are tested at a
frequency of not less than once every fifteen days. Preservatives may be added.5."Condensery" means a place where condensed or evaporated milk is produced or
where milk is changed to a thick liquid by evaporation of a part of the water.6."Dairy animal" means any mammal maintained for the commercial production of
milk to be offered for sale for use in the processing or manufacturing of milk or dairy
products.7."Dairy or dairy farm" means a place where one or more dairy animals are kept, a
part or all of the milk or milk products from which is sold or offered for sale.8."Department" means the department of agriculture.9."Distributor" means a person or company that provides storage, transportation,
delivery, or distribution of milk and milk products to any person who offers for sale or
sells to any consumer milk or milk products.10."Drying plant" means a place which manufactures dry milk products obtained by the
removal of water from milk or milk products.11."Filled dairy products" means any milk, cream, or skimmed milk, or any combination
thereof, whether or not condensed, evaporated, concentrated, frozen, powdered,
dried, or desiccated, or any food product made or manufactured therefrom, to which
has been added, or which has been blended or compounded with, any fat or oil
other than milkfat so that the resulting product is in imitation or semblance of any
dairy product, including milk, cream, sour cream, butter cream, skimmed milk, ice
cream, whipped cream, flavored milk or skim milk drink, dried or powdered milk,
cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix,
sherbet, condensed milk, evaporated milk, or concentrated milk; provided, however,
that this term shall not be construed to mean or include:a.Any distinctive proprietary food compound not readily mistaken for a dairy
product, where such compound is customarily used on the order of a physician
and is prepared and designed for medicinal or special dietary use and
prominently so labeled;b.Any dairy product flavored with chocolate or cocoa, or the vitamin content of
which has been increased, or both, where the fats or oils other than milkfatPage No. 1contained in such product do not exceed the amount of cacao fat naturally
present in the chocolate or cocoa used and the food oil, not in excess of
one-hundredth per centum of the weight of the finished product, used as a
carrier of such vitamins; orc.Oleomargarine.12."Grading" means the examination of milk or milk products by sight, odor, taste, or
laboratory analysis, the results of which determine a grade designating the quality of
the product.13."Ice cream plant" means a place where ice cream is made for commercial purposes.14."Ice milk plant" means a place where ice milk is made for commercial purposes.15."Imitation milk" or "imitation milk product" means a food product or food compound
made to resemble milk or a milk product when any of the following occurs:a.The food physically resembles milk or a milk product. "Physical resemblance"
means those characteristics relating to the composition of food, including fat
and moisture content, nonfat solids content, and functional ingredient or food
additive content such as emulsifiers, stabilizers, flavor, or color additives.b.The packaging used resembles the packaging used for milk or for a milk
product.c.The food product or food compound is displayed in a retail establishment in the
same manner as milk or a milk product.d.Verbal or pictorial expressions are used on the food products or food
compounds, labeling, or in advertisements or other similar devices used to
promote the food products or food compounds that state or imply that the food
is milk or a milk product.e.The food product or food compound in any other way is manufactured,
packaged, or labeled so as to resemble the identity, intended use, or physical
and sensory properties of milk or a milk product."Physical and sensoryproperties" means those characteristics relating to flavor, texture, smell, and
appearance of a food product or food compound.16."Milk hauler" means a person who owns vehicles used to transport raw milk from a
dairy farm to a dairy facility.17."Milk plant or bottling plant" means a place where milk or milk products are
collected, handled, processed, stored, and prepared for distribution.18."Milk solids or total solids" means the total amount of solids in milk.19."Overrun" means the increase in volume of a manufactured product due to the
incorporation of water, air, or other substance commonly used in the manufacturing
processes.20."Pasteurization" as applied to milk or skim milk means the process of heating every
particle of milk to at least one hundred forty-five degrees Fahrenheit [62.78 degrees
Celsius] and cream and other milk products to at least one hundred fifty degrees
Fahrenheit [65.55 degrees Celsius], and holding it at such temperature continuously
for at least thirty minutes; or heating every particle of milk to at least one hundred
sixty-one degrees Fahrenheit [71.67 degrees Celsius] and cream and other milk
products to at least one hundred sixty-six degrees Fahrenheit [74.44 degreesPage No. 2Celsius], and holding it at such temperature continuously for at least fifteen seconds
in approved and properly operated equipment.When applied to cream forbuttermaking, the cream shall be held at a temperature of not less than one hundred
sixty-five degrees Fahrenheit [73.89 degrees Celsius] for at least thirty minutes or
not less than one hundred eighty-five degrees Fahrenheit [85.00 degrees Celsius]
for at least fifteen seconds. Nothing contained in this definition may be construed as
barring any other process which has been demonstrated to be equally efficient which
assures proper pasteurization and keeping quality, which is consistent with the most
desirable quality, and which is approved by the dairy commissioner.21."Pasteurized Milk Ordinance" means the 2007 revision of the Grade "A" Pasteurized
Ordinance issued by the United States food and drug administration and by the
United States department of agriculture's public health service.22."Peddler" means a person who purchases milk or milk products and sells them
directly to consumers at any place other than from a store, stand, or other fixed
place of business.23."Person" means individuals, firms, partnerships, associations, trusts, estates,
corporations, and limited liability companies, and any and all other business units,
devices, or arrangements.24."Processing or manufacturing" means the treatment of milk or milk products by
pasteurizing, bottling, churning, adding flavors to, freezing, dehydrating, packaging,
coagulating, or treating in any manner which changes the natural, physical, or
chemical properties of the original product.25."Producer dairy" means a dairy farm which sells milk or cream to a dairy plant for
processing or manufacturing.26."Producer-processor" or "producer-distributor" means a producer who is also a
processor or distributor.27."Raw milk or raw milk products" means products which have not been treated by the
process of pasteurization as defined in this section.28."Receiving and transfer station" means a place where milk or milk products are
collected for shipment to a processing or manufacturing plant. This definition must
not be interpreted to include the warehouses, docks, loading platforms, or storage
rooms of commercial carriers.29."Retail" means the sale of milk or milk products directly to the consumer.30."Sampler" means a person, other than a milk producer or dairy plant employee, who
transports samples for official use or raw milk or milk products from a dairy farm to a
dairy facility.31."Sampling" means a procedure whereby a portion or specimen of milk or milk
products is taken for the purpose of grading or testing.32."Skim milk solids or solids-not-fat" means the total solids in milk after all fat has been
removed.33."Standard Methods" means the seventeenth edition of the Standard Methods for the
Examination of Dairy Products published by the American public health association.34."Testing" means an examination of milk, or milk products by sight, odor, taste, or
laboratory analysis to determine the quality, wholesomeness, or composition
thereof.Page No. 335."3A standards" means standards which have been established for certain
equipment, utensils, and other items by the 3A sanitary standards committee of the
international association of milk and food sanitarians, incorporated.36."Transfer station" means a place where milk or milk products are regularly
transferred from one vehicle to another. This definition shall not be interpreted to
include the warehouses, docks, loading platforms, or storage rooms of commercial
carriers.37."Wholesale" means the sale of milk or milk products to a retail dealer for purposes of
resale.4-30-02.Licenses required - Fees - Term.Every producer-processor, peddler,distributor, every person purchasing milk or milk products for processing or manufacturing, or
owning, operating, or leasing a creamery, cheese factory, condensery, drying plant, ice cream
plant, ice milk plant, milk plant, every other business engaged in the processing or manufacturing
of milk or milk products, and every organization acquiring milk or milk products as an agent for
sale on behalf of others and doing business within this state shall obtain the license required by
this section for each such place of business.Application for license must be made to thecommissioner upon forms as the commissioner may require.Upon making application forlicense, it is implied that consent is given by the applicant for inspection by the department. If the
commissioner finds that the applicant conforms to the North Dakota laws and the rules and
regulations of the department, the commissioner shall issue a license for conducting those
operations listed on the application form. If a licensee wishes to conduct operations other than
those listed, the licensee may request that the commissioner approve them, and if the
commissioner finds that the proposals are in conformance with North Dakota laws and the rules
of the department, the commissioner shall approve them.The license must be postedconspicuously in each licensed business. All licenses issued under this section must expire on
the thirtieth day of June of each year and are not transferable. The fee for licenses is twenty-five
dollars. Every organization acquiring milk or milk products as an agent for sale on behalf of
others is, for the purposes of this chapter, deemed to be a purchaser of milk from a dairy
producer. A reinspection fee of seventy-five dollars per inspection must be paid by each dairy
farm facility for which the commissioner has conducted a reinspection resulting from suspension
of a farm permit, degrade of a farm facility from grade A to manufacturing grade, or unsanitary
conditions that must be corrected within a specified period of time.4-30-02.1. Records release required with application for licensure. A purchaser ofmilk in North Dakota shall file with the license application a release authorizing the commissioner
access to the applicant's financial records held by financial institutions, accountants, and others.
The release must be in a form approved by the commissioner. The commissioner may use the
release in the course of licensing or relicensing the applicant or in the course of an investigation
of the applicant due to a complaint against the applicant or when based upon evidence
establishing probable cause of a violation of this chapter. Information gained through the use of
a release is confidential. The commissioner may furnish information obtained through the use of
the records release to any state agency and to any prosecutorial official requiring the information
for use in performing official duties.4-30-03. Bonding of purchasers of dairy products. Repealed by S.L. 1979, ch. 106,