Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-40-2 - Definitions2.1. "Commissioner" means the Commissioner of Agriculture of the State of West Virginia or his or her duly authorized agent or designee.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. "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.2.5. "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 solely in the state of West Virginia. 2.6. "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. 2.7. "Inhibitory substances" means antibiotics and pesticides not registered for use on lactating dairy animals, and other substances as determined by the Commissioner. 2.8. "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 shall be produced according to the sanitary standards of this rule. 2.9. "Milkhouse" or "milkroom" means a room at the facility for handling and cooling milk and for washing and storing milking equipment and utensils. 2.10. "Person" means any individual, firm, co-partnership, corporation, cooperative association, cooperative corporation or unincorporated association. 2.11. "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. 2.12. "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. 2.13. "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. For the purpose of this rule, Cheese and Related Cheese Products shall be included as a milk product.2.14. "Cheeses and Related Cheese Products" means those items set forth in Title 21 Food and Drugs Chapter 1 Food and Drug Administration Department of Health and Human Services Subchapter B Food for Human Consumption Part 133 Cheeses and Related Cheese Products Subpart A- General Provisions and Subpart B- Requirements for Specific Standardized Cheese and Related Products.2.15. "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. 2.16. "Milk and milk products processing facility" means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaged, condensed, dried, packaged, or prepared for distribution in West Virginia.