Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-4A-2 - Definitions2.1. For the purposes of the Rule, the following terms have the following meanings: 2.1.1. "Commissioner" means the Commissioner of Agriculture of the State of West Virginia.2.1.2. "Person" means any individual, firm, co-partnership, corporation, cooperative association, cooperative corporation or unincorporated association.2.1.3. "Producer" means the person or persons who exercise control over the production of milk on a dairy farm, which milk or the cream therefrom is offered for sale at a plant for manufacture into milk products. This term includes all producers located within West Virginia and selling milk and/or cream for manufacture in or outside of West Virginia and all producers located outside of West Virginia selling milk and/or cream in West Virginia for manufacture.2.1.4. "Plant" means any building, place, premises, rooms or other establishment where milk, cream, or dairy products are received for eventual use in dairy products. This shall include plants located outside of West Virginia receiving milk and/or cream from West Virginia sources and plants located in West Virginia receiving milk and/or cream from sources outside of West Virginia.2.1.5. "Dairy products" means butter, cheese of all kinds, dry whole milk, non-fat dry milk, dried buttermilk, dried whey, evaporated or condensed whole or skimmed milk (plain or sweetened), frozen desserts or other products made principally from milk or its ingredients, and which are for human consumption.2.1.6. "New producer" means a producer who has not heretofore produced milk or cream for manufacture into dairy products.2.1.7. "Transfer producer" means a producer who has delivered milk and/or cream to a plant and who changes his delivery to another plant.2.1.8. "Acceptable milk" means milk, or cream therefrom, which meets the requirements as to sight and odor, sediments, bacterial content, inhibitory substances, and which has been produced in compliance with the provision set forth in this Rule.2.1.9. "Rejectable milk" means milk or cream therefrom, which does not meet the definitions of acceptable milk set forth in Section 2.1.8 of this rule.2.1.10. "Excluded milk" means milk or cream therefrom which has been rejected by the operator of a plant because it does not meet the standards for acceptable milk, and milk produced on a farm which has been excluded from delivery to a plant.2.1.11. "Inspection" means the inspection of the dairy farm premises, buildings, animal, equipment, utensils, water supply and facilities and procedures used in the production of milk and/or cream for manufacturing purposes.2.1.12. "Score sheet" means the form, provided pursuant to this Rule, for evaluating the farm and its facilities at the time of inspection.2.1.13. "Source" means producers and plants from which milk and/or cream are received.2.1.14. "Fieldman" means a person qualified and trained in the sanitary methods of production and handling of milk as set forth herein, and generally employed by a processing or manufacturing plant for the purpose of making dairy farm surveys and doing quality control work.2.1.15. "Inspector" means a qualified, trained person employed by the West Virginia Department of Agriculture or any person designated by the Commissioner to perform dairy farm inspections and raw milk grading.2.1.16. "Dairy farm" or "farm" means a place or premise where one or more milking animals are kept, a part of all of the milk produced thereon being delivered, sold, or offered for sale to a plant for manufacturing purposes.2.1.17. "Milk" means the normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy animals which shall include but not be limited to cows and goats. The word "milk" used herein includes only milk for manufacturing purposes. 2.1.17.1. Goat milk is the lacteal secretion practically free from colostrum obtained by the complete milking of one or more healthy goats. Goat milk shall only be used to manufacture dairy products that are recognized as non-standardized traditional products normally manufactured from goats milk.2.1.17.2. For milk from animals other than cows and goats, the Commissioner may develop special criteria under this definition.2.1.18. "Milk for manufacturing purposes" means milk produced for processing and manufacturing into products for human consumption but not subject to Grade A or comparable requirements.2.1.19. "Inhibitory substances" include antibiotics and pesticides not registered for use on lactating dairy animals and other substances so classified by the Commissioner.