La. Admin. Code tit. 51 § VII-2705

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-2705 - General Information

A. Dairy plants that manufacture frozen desserts including frozen dessert mixes shall conform with the basic requirements for frozen dessert manufacturing plants in §2703 of this Part and with the following additional requirements.

1. If the powdered or dry frozen dessert mix contains any dairy product, egg ingredient or other potentially hazardous food ingredient, the mix shall be pasteurized, ultra pasteurized or aseptically processed following reconstitution using pasteurization, ultra pasteurization or aseptic processing methods specified in this Part.

2. Optional dairy ingredients shall be derived from Grade A raw milk for pasteurization or manufacturing grade raw milk for pasteurization (milk for manufacturing purposes) obtained from sources that are in substantial compliance with the requirements of this Part and are approved by the state health officer.

3. Dry dairy products used in the manufacture of frozen desserts for which grades and grading criteria are specified in this Part shall be Grade A or extra grade. Products of a lower grade shall not be used.

4. Non-milk derived ingredients used in the manufacture of frozen desserts shall have been determined by the FDA to be GRAS for use in frozen desserts.

5. All dairy ingredients used in the manufacture of frozen desserts shall be produced, packed, held and shipped in a manner consistent with the requirements of this Part.

6. All non-milk derived ingredients shall be purchased only from suppliers which certify or guarantee that their product has been produced and handled in a manner that will assure a safe and wholesome ingredient which will not adulterate the finished product. Records of such verification or guarantee shall be available for review by the state health officer.

7. A safety and quality inspection of all incoming non-milk derived ingredients shall be performed. Records of the results of these inspections, corrective actions taken when problems are identified and the date and initials of the person performing the inspection shall be maintained and made available to the state health officer. The inspection shall include an evaluation for conditions related to:

a. product identity and labeling;

b. package condition and integrity;

c. bulging;

d. leaking;

e. dirt/grime;

f. insect infestation;

g. rodent damage; and

h. off-odors and non-food materials (especially toxic compounds) or residues of such materials in the truck or other conveyance.

8. All ingredients used in the manufacture of frozen desserts shall be stored and handled in such a manner as to preclude their contamination. Particular attention shall be given to closing or resealing of containers that have been opened and the contents of which have been partially used.

9. Dusty raw ingredient blending or liquification operations which create powdery conditions shall not be conducted in areas where pasteurized products are handled or stored.

10. Mix preparation operations in which ingredients are exposed shall be conducted in processing areas. Except when ingredients are being added, all openings into vessels and lines containing product shall be covered. The outer box or wrapper of powdered ingredients shall be removed prior to dumping into mixing vessels.

11. All liquid ingredients which will support bacterial growth shall be kept or immediately cooled to 7 ° C (45 ° F) or below.

12. Pasteurization, ultra- pasteurization and aseptic processing shall be performed on the following products.

a. All frozen dessert mixes, dairy and non-dairy shall be pasteurized, ultra-pasteurized or aseptically processed, provided that the state health officer may exempt some specific frozen dessert mixes that do not contain dairy ingredients and do not support the growth of pathogenic microorganisms of human significance from this requirement dependent upon their ingredients and manner of processing.

b. Pasteurization, ultra-pasteurization and aseptic processing of frozen dessert mixes shall be performed in equipment and using procedures that conform with the requirements of the PMO for pasteurization and with current applicable 3-A sanitary standards as approved by the state health officer.

c. Frozen desserts to be sold or distributed to retail outlets shall be frozen and packaged at the plant in which the frozen dessert mix was made and pasteurized provided that the state health officer may authorize dairy plants that have implemented HACCP systems that comply with the requirements of this Part to freeze, partially freeze or package frozen desserts from mixes that were pasteurized, ultra-pasteurized or aseptically processed in other plants.

i. The following minimum times and temperatures shall apply to pasteurization of frozen dessert mixes:

(a). 68 ° C (155 ° F) for 30 minutes;

(b). 79 ° C (175 ° F) for 25 seconds;

(c). 82 ° C (180 ° F) for 15 seconds;

(d). 88 ° C (191 ° F) for 1.0 second;

(e). 90 ° C (194 ° F) for 0.5 second;

(f). 93 ° C (201 ° F) for 0.1 second;

(g). 95 ° C (204 ° F) for 0.05 second; and,

(h). 100 ° C (212 ° F) for 0.01 second.

d. Should scientific evidence indicate that the above temperatures or times are not adequate to destroy pathogenic microorganisms of human significance or for any other reason, may not be adequate to protect the public's health, the state health officer may, with the concurrence of the FDA, immediately require that all pasteurized dairy products sold in the state be pasteurized at temperatures or times recommended to be adequate by the FDA. Should the FDA hereafter determine that any of the requirements for pasteurization or ultra-pasteurization contained in the PMO are not adequate to protect the public's health and require a change in any of the aforesaid requirements, the state health officer shall immediately require that all pasteurization or ultra-pasteurized products sold in the state conform with the new FDA requirements for pasteurization or ultra-pasteurization. Nothing shall be construed as barring any other pasteurization process, which has been recognized by the FDA to be equally efficient and which is approved by the state health officer.

13. The only ingredients that shall be added after pasteurization, ultra-pasteurization or aseptic processing are the following flavoring and coloring ingredients:

a. those subjected to prior heat treatment sufficient to destroy pathogenic microorganisms;

b. those of 0.85 percent water activity or less;

c. those with a pH of less than 4.7;

d. roasted nuts (added at freezer);

e. those that contain high alcohol content;

f. bacterial cultures; and

g. those that have been subjected to any other process which will assure that the ingredient is free of pathogenic microorganisms of human significance.

14. Reclaim or Rework Operations. Reclaim or rework operations are all activities associated with the recovery, handling, and storage of processed or partially processed products for use as an ingredient in products to be used for human consumption.

a. Product that has entered the distribution channels or has been temperature-abused, tampered with or exposed to chemical or biological contamination shall not be reclaimed or reworked for use as an ingredient in other products for human consumption.

b. Reclaimed or reworked products and reclaim or rework operations shall conform with the following requirements.

i. Reclaim areas and equipment shall be constructed, maintained and protected in a manner that is in substantial compliance with the requirements for production and processing areas contained in this Part.

ii. Products that have left the premises of the plant in which it was packaged shall not be reclaimed or reworked.

iii. All products to be reclaimed shall be maintained at 7 ° C (45 ° F) or below. Product salvaged from defoamers and tank or line rinsing shall be immediately cooled to 7 ° C (45 ° F) or below.

iv. Packages of products to be reclaimed or reworked shall be clean and free of contamination. Products from leaking or badly damaged containers shall not be reclaimed or reworked.

v. Packaged products shall be opened in such a manner as to minimize the potential for contamination. Containers shall not be opened by slashing, smashing or breaking.

vi. Woven wire strainers shall not be used in reclaim or rework operations.

vii. Reclaim or rework dump stations and tanks shall be covered except when products are actually being dumped through the openings.

viii. Reclaim or rework storage tanks shall be equipped with adequate thermometers.

ix. Reclaimed or reworked products shall be handled as a raw dairy ingredient.

x. Cleaning and sanitizing requirements shall be the same as those for other raw ingredient handling equipment.

xi. It is recommended that higher than minimum temperatures and times be used in the pasteurization of product containing reclaimed or reworked ingredients.

xii. The dairy plant shall take appropriate steps to preclude the contamination of products or equipment with allergenic and sensitivity producing reclaim or reworked ingredients or substances that will not be appropriately declared in the labeling of the final container of product.

15. Allergen and Sensitive Producing Ingredients Control

a. Due to the large number of allergens and sensitivity producing ingredients usually present in frozen dessert operations, each plant shall have a trained individual study each ingredient used in the plant and the processing steps and sequence used in the manufacture of each product. He shall determine where, how and when potentials exist for an allergen to inadvertently enter products.

b. The plant shall take appropriate steps to preclude the contamination of all products with allergens and sensitive producing ingredients that will not be declared in the labeling of the final container of each product.

16. Packaging of Frozen Desserts. Frozen dessert products shall be packaged in unused single service containers, obtained from a source approved by the state health officer, which protects the contents from contamination and after packaging shall be stored in a sanitary manner.

a. Packaging and closing or capping of all containers of half-gallon or less shall be performed in a sanitary manner in mechanical equipment that conforms with the applicable 3-A Sanitary Standards. Hand capping of such containers is prohibited.

b. Upright open containers and all closures shall be protected from contamination by overhead shields.

c. Caps or covers shall extend over the lip of the container on all cups, tubs or containers of can-type configuration.

d. A date, code or lot number that identifies the date, run or batch from which the contents originated, shall be prominently displayed on each final container (container that will reach the final consumer) of dairy product in indelible ink (or equivalent). The date, code or batch shall be printed on the container or label in such a manner that it cannot be removed, changed or defaced.

17. All frozen desserts including frozen dessert mixes shall conform with the standards of identity prescribed by this Part.

18. Frozen desserts, including frozen dessert mixes shall conform with the following temperature and bacteriological standards:

a. cooled to 7 ° C (45 ° F) or less and maintained thereat;

b. bacteriological limits - not to exceed 50,000 cfu per gm (Cultured products are exempt from this requirement);

c. coliform count limits - not to exceed 10 per gram, except that the coliform count of those frozen desserts which contain fruit, nuts, chocolate or other bulky flavors shall not exceed 20 per gram; and,

d. pathogens - no pathogenic microorganisms of human significance.

La. Admin. Code tit. 51, § VII-2705

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2719 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.