Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since Septemberr 1, 2018, please see the codification segue page.

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R70. Agriculture and Food, Regulatory Services.

Rule R70-350. Ice Cream and Frozen Dairy Foods Standards.

As in effect on Septemberr 1, 2018

Table of Contents

R70-350-1. Authority.

A. Promulgated Under the Authority of Section 4-3-2.

B. Scope: This rule shall apply to all frozen dairy foods and frozen dairy food mixes sold, bought, processed, manufactured, or distributed within the state of Utah.

R70-350-2. Standards of Identity.

A. Federal Standards Acceptance.

The standard for federally defined products of ice cream, ice milk, sherbet, water ice, and related products shall be the same in Utah as the most recently accepted federal standards of identity for these frozen desserts unless specifically excluded or modified by some provision of state rule or interpretation thereof.

B. Frozen Dairy Foods Mix.

Frozen Dairy Foods Mix shall be defined as the unfrozen combination of ingredients to be used in any frozen dairy product defined in this rule with or without fruits, fruit juices, candy, nut meats, flavoring or harmless color.

C. Shake Mix

Shake Mix shall be defined as a product resulting from agitation of frozen dairy food to which Grade A pasteurized milk has been added. The resulting product must have at least two percent but not more than seven percent milkfat and at least 11 percent milk solids; or it may be a product prepared from the same ingredients in the same manner as prescribed in the definition for ice milk except that it shall be sold or served in a semi-frozen state.

D. Frozen Yogurt, Frozen Lowfat Yogurt and Frozen Nonfat Yogurt.

Frozen yogurt, frozen lowfat yogurt, and nonfat frozen yogurt is the food made from dairy ingredients with or without added flavoring or seasoning, which has been pasteurized and fermented by one or more strains of Lactobacillus bulgaricus, including yogurt strains, Streptococcus thermophilus and Lactobacillus acidophilus. The parenthetical phrase "(heat-treated after culturing)" shall follow the name of the food if the dairy ingredients have been pasteurized after culturing. Fruits may be added before or after the mix is pasteurized and cultured. Such product may contain harmless edible stabilizers or emulsifiers not to exceed 0.6 percent. It shall have a titratable acidity of not less than 0.5 percent expressed as lactic acid; it shall contain no more than 10 coliform bacteria per gram; it shall contain not more than 10 colonies per gram each of molds, yeasts, and other fungi. The freezing and air incorporation shall not exceed 60 percent by volume of the product. Frozen yogurt shall contain not less than 3.25 percent milkfat. Frozen lowfat yogurt shall contain not less than 2 percent milkfat. Frozen nonfat yogurt shall contain less than 0.5 percent milkfat. Frozen fruit yogurt shall contain not less than 8 percent by weight of clean, mature, sound fruit or its equivalent in other forms. The milkfat content of frozen fruit yogurt may be reduced to not less than 2.8 percent milkfat and the milkfat content of lowfat frozen fruit yogurt may be reduced to not more than 1.3 percent milkfat. Frozen yogurt, frozen lowfat yogurt and nonfat frozen yogurt shall contain not less than 8.25 percent milk solids not fat.

E. Frozen yogurt mix, Frozen Lowfat yogurt mix, and Frozen nonfat yogurt mix are unfrozen products which are used in the manufacture of frozen yogurt, Frozen Lowfat yogurt, and Frozen Nonfat yogurt. They shall comply with all the requirements for frozen yogurt, Frozen Lowfat yogurt, and frozen nonfat yogurt.

R70-350-3. Bacterial Quality.

A. Sampling.

Samples of ice cream and frozen dairy foods shall be tested by each processor at least once a month and from each distributor as often as may be required by the regulatory authorities. The products defined in this rule shall contain not more than 50,000 bacteria per milliliter by standard plate count, except cultured products with viable organisms shall be exempt from this bacterial count requirement. All products shall have a coliform count not exceeding 10 per gram.

B. Enforcement.

1. Whenever more than one of the last four consecutive coliform counts of samples taken on separate days by the processor or the Department is in excess of 10 per gram or more than one of the last four bacteria counts of samples taken on separate days by the processor or the Department is above 50,000 per milliliter, a written warning notice thereof shall be sent to the person concerned by the Department. An authorized regulatory agency shall then take an additional sample, but not before the lapse of three days after notification. Violation of the standards as shown by the results of these additional samples shall call for immediate enforcement action to require the discontinuance of the sale or distribution of the product from the establishment until additional samples taken by the authorized regulatory agency shall show the product to be in compliance with the applicable standards.

2. Frozen dairy foods shall, after pasteurization and before the addition of bulky flavorings such as fruits, nuts, and candy, meet the bacterial standards requirements listed in this section. Finished product without bulky flavorings shall also meet the requirements in this section. Bulky flavorings shall meet all food standards for composition, sanitation and adulteration in effect in Utah for foods.

R70-350-4. Pasteurization and Sanitation.

A. Pasteurization.

1. All products defined in this rule shall be pasteurized by heating every particle of the product to at least 155 degrees F and holding at that temperature or above for at least 30 minutes under the required safeguards in approved equipment as outlined in the 3-A standards; provided that any other method which is demonstrated to be equally efficient and is approved by the Department may be allowed.

2. Time and temperature record charts for pasteurization shall be dated and preserved for a period of at least six months at the plant of manufacture.

B. Reconstitution.

Whenever water must be used to reconstitute any defined product, the product shall be pasteurized after being reconstituted or it shall be reconstituted by pouring the concentrate or dry mix from the factory-packed container into a properly constructed, clean, and sanitized container.

C. Cooling.

All liquid ingredients which will support bacterial growth shall be kept or immediately cooled to 40 degrees F. or below.

D. Sanitation. All manufacturing, processing, storage, distribution or handling of any product regulated under this act shall be done in buildings or other approved facilities using utensils, equipment, and methods which are approved by the Department or other properly authorized regulatory agency.

R70-350-5. Adulteration and Misbranding.

A. Labeling. Labeling of packages shall include the name and address of the manufacturer, packer, or distributor; net contents, ingredients and common or usual name of the product. Also, labeling shall meet all other applicable requirements of state labeling rules and federal regulations adopted by reference under the Utah Foods Act, including nutritional labeling where applicable.

B. Imitations.

1. Any food product offered for sale in semblance or imitation of any food regulated under this rule shall be deemed to be adulterated and misbranded if such food does not conform to the standards under this rule, notwithstanding the employment of any fanciful name or use of the word "imitation" to designate the product.

2. No person shall use "ice cream", "cream", "creme", "creamy", or "cremey", or any other word or phrase which may be construed to be misleading in either labeling or advertising, sale, or distribution of ice milk.

C. Adulteration.

Products defined in this rule shall be deemed to be adulterated if they were not produced under the sanitary requirements of this rule or if they contain any substance in sufficient quantity to be deleterious to the public health or if they meet the criteria of adulteration under Utah's dairy and food laws.

KEY

food inspection

Date of Enactment or Last Substantive Amendment

1992

Notice of Continuation

January 12, 2012

Authorizing, Implemented, or Interpreted Law

4-3-2


Additional Information

Contact

For questions regarding the content or application of rules under Title R70, please contact the promulgating agency (Agriculture and Food, Regulatory Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.