Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-19-2 - Definitions2.1. "Commissioner" means the Commissioner of Agriculture of the State of West Virginia or his or her duly authorized agent.2.2. "Acceptable milk" means milk, or cream from the milk, which meets the requirements as to sight and odor, sediments, bacterial content, inhibitory substances, and which has been produced in compliance with the provisions set forth in this Rule.2.3. "Barnyard" means an enclosed or unenclosed area adjacent to the milking barn which may include housing areas and feedlots in which the animals may congregate.2.4. "Butter" means the food product that is made exclusively from milk or cream, or both, with or without salt, and with or without additional coloring matter, and that contains not less than 80 percent by weight of milk fat.2.5. "Cheese" or "cheese related product" means the fresh or matured product that is obtained by draining after coagulation of milk, cream, skimmed or partly skimmed milk, or a combination of some or all of these products, and meets the standards of identity in 21 CFR Part 133.2.6. "CIP" or "cleaned-in-place" means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation of wash, rinse, and sanitizer solutions.2.7. "Dairy farm" or "farm" means a place or premises where one or more milking animals are kept, a part or all of the milk produced on the farm being used in the production of milk or dairy products by the incorporation of approved methods.2.8. "Inspection" means the inspection of the dairy farm premises, buildings, animals, equipment, utensils, water supply, and facilities and procedures used in the production of milk and/or dairy products in solely in the state of West Virginia including Certified Industry Inspections.2.9. "Inspector" means a qualified, trained person employed by the West Virginia Department of Agriculture or any person designated by the Commissioner to inspect dairy farms and processing facilities including a Certified Industry Dairy Farm Inspector (CIDFI).2.10. "Inhibitory Substances" means antibiotics and pesticides not registered for use on lactating dairy animals, and other substances as determined by the Commissioner.2.11. "Milk" means the normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hooved lactating mammals. Hooved mammals' milk is the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy hooved mammals. Hooved mammals for the purpose of this rule, include but are not limited to, the members of the Order Cetartiodactyla, such as: Family Bovidae (cattle, water buffalo, sheep, goats, yaks, etc.), Family Camelidae (llamas, alpacas, camels, etc.), Family Cervidae (deer, reindeer, moose, etc.), and Family Equidae (horses, donkeys, etc.). Milk product shall be produced according to the sanitary standards of this rule.2.12. "Manufacture-Grade Milk" means the milk of a hooved mammal that is produced, processed, pasteurized, packaged, or prepared for human consumption in accordance with the standards set forth in this rule, is not subject to Grade A standards and is not used for fluid milk sales.2.13. "Manufacture-Grade Milk Product" means: butter; cheese, natural or processed; condensed skim milk, plain or sweetened; condensed whole milk; cream; dry buttermilk; dry whey; dry whole milk; evaporated milk, whole or skim; nonfat dry milk; or any other product made with manufacture-grade milk that is regulated by the Commissioner.2.14. "Manufacture Milk Plant" means a place, including a governmental operation, where manufacture-grade milk or a manufacture-grade milk product is collected, handled, controlled, manufactured, processed, stored, pasteurized, ultra-pasteurized, repasteurized, commercially sterilized, aseptically processed, bottled, or prepared for distribution, but does not include a place where a manufactured milk product is purchased in packaged form and is stored and handled for the sole purpose of sale to the ultimate consumer.2.15. "Manufacture Milk Processor" means any person who operates or controls a manufacture milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in this state or from which manufacture-grade milk or manufacture-grade milk products are sold or offered for sale for human consumption, as applicable in the state of West Virginia.2.16. "Milkhouse" or "milkroom" means a room at the facility for handling and cooling milk and for washing and storing milking equipment and utensils.2.17. "Pasteurization", "pasteurized", or similar terms means the process of heating every particle of milk or milk product, in properly designed and operated equipment, to one (1) of the temperatures given in this rule.2.18. "Person" means any individual, firm, co-partnership, corporation, cooperative association, cooperative corporation or unincorporated association.2.19. "Producer" means the person or persons who exercise control over the production of milk on a West Virginia dairy farm, where the milk or the cream from the milk is used to manufacture fluid milk or dairy products.2.20. "Sanitize" or "sanitization" means the application of any effective method or substance to properly cleaned surfaces for the destruction of pathogens, and other microorganisms, as far as is practicable. Such method or substance shall not adversely affect the equipment, the milk and/or milk product, or the health of consumers, and shall be acceptable to the commissioner.2.21. "Milk Products" means all milk and milk products with a standard of identity provided for in 21 CFR Part 131, excluding 21 CFR 131.120 Sweetened Condensed Milk, cottage cheese and dry curd cottage cheese, whey and whey products, modified versions of all the preceding products, modified versions of milk products packaged in combination with food(s) not yet included in this definition that are appropriately labeled with a statement of identity to describe the food(s) in final packaged form, e.g., "cottage cheese with pineapple" and "fat free milk with plant sterols", and all other products deemed a dairy product by the commissioner.