W. Va. Code R. § 61-4B-10

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-4B-10 - Prohibited Acts

10.1. No person may use non-pasteurized eggs or egg products in any product unless the product is pasteurized after the addition of the eggs or egg products.

10.2. No person may offer for sale, transport, or distribute frozen product that has been allowed to exceed a temperature of 0°F, except that:

10.2.a. A manufacturer may offer for sale at the point of manufacture a soft­serve type frozen product whose temperature has not exceeded 41°F at any time; and

10.2.b. A person may offer for sale at retail any frozen product that is held in small quantities for the purpose of softening the product so that it can be dipped if that product temperature is not allowed to exceed 41°F at any time.

10.3. No person may produce any product in equipment that has not been sanitized.

10.4. No person may use a product that is drained from the freezer at the end of a production run, called rerun, that has been allowed to exceed a temperature of 41°F or that is likely to cause adulteration of the product produced when it is used.

10.5. No person may use any spilled, overflowed and/or leaked products in manufacturing any other product.

10.6. No person may reconstitute powdered mixes with non-potable water or in an unsanitary manner. Reconstituted powdered mixes shall be cooled to a temperature of 35-40°F within four (4) hours after reconstituting.

10.7. No person may thaw frozen mixes in such a manner that any portion of the product exceeds 50°F.

10.8. No person may use steel wool or metal sponges for cleaning equipment and utensils used for manufacturing.

10.9. No person may use any method for sanitizing that adversely affects the equipment, dairy product or the health of the consumers consuming the product. However, the commissioner will not prohibit the use of chemicals commonly used in the industry for cleaning and sanitizing dairy equipment using normal industry practices due to the causing of corrosion of the equipment, if the corrosion caused by such use is minimal.

10.10. A mix product or frozen dessert manufactured from an expired mix product (e.g., one that is past the expiration date or sell-by date) may not be offered for sale.

10.11 Unless the product is pasteurized after the addition of the milk or milk products, a product that contains unpasteurized milk shall not be made or used.

W. Va. Code R. § 61-4B-10