W. Va. Code R. § 61-40-29

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

Section 61-40-29 - Labeling of Milk and Milk Products

29.1. Milk or milk products offered for sale shall have the following information on the label:

29.1.1. Product Identity. Product identity shall include the common or usual name of the product, the name established for that product by law or regulation, or a descriptive name of the product when the nature of the food is obvious.

29.1.2. Net Quantity. Net quantity must be included on each container or package.

29.1.2.1. For all milk products other than fluid milk products and ice cream, the net quantity must be listed in ounces and be preceded by the phrase "Net Weight".

29.1.2.2. Labels for fluid milk products and ice cream do not need to include the wording "net weight" and may list net quantity in terms of pints, quarts, or gallons, as appropriate.

29.1.3. Name and Address of the Manufacturer. The address listed should be the address where the milk or milk product is pasteurized, ultra-pasteurized, aseptically processed or packaged, retorted after packaging, or condensed and/or dried.

29.1.4. Identifying Numbers. Each container or package shall have a code number, lot number, or other mark identifying the contents of the package with a specific date, run, or batch of the product.

29.1.5. Dates. Each container or package shall have a "packaged on" or expiration date.

29.1.6. Refrigeration Information. The words "Keep Refrigerated", or "Keep Refrigerated After Opening" in the case of aseptically processed and packaged low-acid milk and/or milk products and retort processed after packaging low-acid milk and/or milk products, must be included on each product.

29.1.7. Animal Source. The common name of the hooved mammal producing the milk shall precede the name of the milk or milk product when the product is, or is produced with, the milk of any animal other than cattle. For example, "Goat Milk", "Sheep Milk", "Water Buffalo Milk", or "Camel Milk", or "Goat Ice Cream", "Sheep Butter", "Camel Cream", etc. would be appropriate labels.

29.1.8. West Virginia Exempt Dairy Product Status. The words "A WV Exempt Dairy Product", a "West Virginia Exempt Dairy Product," or some other approved language indicating that the milk or milk product was produced under the authority granted by this rule must be on the label in a font and size consistent with, or larger than, the fonts used elsewhere on the label of the container or package.

29.1.9. Ingredients List (for products containing more than one ingredient). All ingredients shall be listed in descending order by predominance of weight. Multi- component ingredients may be listed parenthetically unless the weight is known on each sub ingredient.

29.1.10. Allergens. Allergen labeling is required if one of the major allergens, as identified by the FDA, is not listed by its common or usual name in the ingredient list. All allergens can be listed after the ingredient list by placing the words "Contains:" followed by the common name of the food allergen.

29.1.11. Any additional information required by the commissioner.

W. Va. Code R. § 61-40-29