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Subject 40-2-1 DEFINITIONS

Rule 40-2-1-.01 Definitions

The following definitions shall apply in the interpretation and enforcement of the Georgia Dairy Act of 1980.

(a) "Raw Milk and Raw Milk Products for Human Consumption." It shall be unlawful to sell, offer for sale, or otherwise dispense raw or unpasteurized milk, cream, or other milk products except raw milk cheese properly processed and aged according to Federal requirements.
(b) "Raw whole milk for manufacturing purposes" is hereby defined to mean that fluid whole milk in its natural state from healthy cows or other lactating non-human species, but which has not been produced and handled in compliance with the requirements for Grade A raw milk.
(c) "Manufactured milk products" is hereby defined to mean those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk made from raw whole milk for manufacturing purposes which have been processed in such a safe and suitable manner and under such conditions so as to make them free of possible adulterants found exceeding safe or tolerance levels set by FDA in such raw milk from which such products were manufactured under such rules and regulations which are substantially equivalent to the Grade A PMO physical and structural requirements. Manufactured milk products may be made from Grade A raw milk. Manufactured Milk Product Standards. Raw milk for manufacturing used in Georgia must meet the following standards:
1. Solids not fat - 8.25% minimum;
2. Added water - freezing point not below -.525 (3.7%);
3. Antibiotics - Shall not exceed acceptable levels using the approved methods recognized by the Food and Drug Administration;
4. Producer milk Standard Plate Count - not to exceed 500,000 per ml.;
5. Somatic Cell count - not to exceed 1,000,000 per ml. or most current level adopted by the United States Department of Agriculture;
6. Commingled milk - Standard Plate Count not to exceed 1,000,000 per ml.
(d) "Ungraded milk" is any milk that does not comply with the requirements of Grade A raw milk or raw whole milk for manufacturing purposes as defined in this chapter. The sale or offer for sale or delivery of ungraded milk is hereby prohibited.
(e) "Adulterated milk and milk products" in addition to all conditions of appendix L of the Grade A Pasteurized Milk Ordinance a milk or milk product shall be deemed to be adulterated when it contains more than 3.7% added water or a freezing point below -.525.
(f) "Ultra-pasteurized", when used to describe a dairy product, means that such product shall have been thermally processed at or above 280° F (138°C) for at least 2 seconds, either before or after packaging, or any other time and temperature acceptable to U.S. Food and Drug Administration, so as to produce a product which has an extended shelf life under refrigerated conditions.
(g) "Milk producer" is any person or persons who operates a dairy farm and provides, sells, or offers for sale to a milk plant, receiving station or transfer station or licensed facility raw milk produced under the requirements of these regulations.
(h) "Dairy Farm" is any place, premises where one or more cows or other lactating non human species are kept, and from which a part of all of the milk or milk products is provided, sold, or offered for sale to a milk plant, transfer station, receiving station or licensed facility.
(i) "Milk Plant".
1. "Milk Plant" is any place, premises, or establishment where Grade A milk or milk products are processed, pasteurized, bottled, packaged or prepared for further sale and which holds a valid license from the Georgia Department of Agriculture.
2. "Dairy Manufacturing Plant" is a business that purchases milk from producers or other handlers for manufacturing purposes and/or manufacturers such products as cheese, condensed milk, evaporated milk, powdered milk, frozen desserts and frozen dessert mixes and which holds a valid license from the Georgia Department of Agriculture.
(j) "Manufacturing" - The combination of any of the following: The collection, processing, packaging, bottling, wrapping, freezing, or labeling of any milk, milk product or frozen dessert, except as otherwise provided for in these regulations.
(k) "Substations".
1. "Substation" is hereby defined as any permanent facility where milk, milk products and frozen desserts are stored outside the manufacturing plants premises before final delivery to any retail establishment and shall comply with all applicable sections of the Grade A Pasteurized Milk Ordinance. The overnight parking of a route truck shall not be considered a substation.
2. The following items listed on the Milk Plant Inspection Report, Grade A Pasteurized Milk Ordinance, shall apply to substations: 1a, 2a, 3a, 4a, 4b, 6a, 6b, 6c, 6d, 8a, 9a, 9b, 15a, 15b, 15d, 17b, 17c, 20b, 21a, 21b, 22a, and 20c.
3. Enforcement procedures shall be the same as those in section 3 of the Grade A Pasteurized Milk Ordinance, on Permits, and no milk plant or distributor shall be allowed to deliver milk to any substation under suspension.
4. Effective July 1, 1980, all "substations" shall be issued permits, without change.
(l) "Grade A Modified Milk" is a fluid milk product having its fat, milk solids not fat, vitamins, minerals and/or other optional ingredients adjusted by addition or deletion, of which a portion or all of the solids not fat, vitamins, and minerals and/or optional ingredients contained therein are derived from approved sources. The limits shall be the same limits as for Grade A whole milk for distribution as required in the Grade A Pasteurized Milk Ordinance and Supplements. Formula, contents, and/or process for modification must be submitted only by a licensed dairy plant after establishing proof satisfactory to the Commissioner that the applicant has and will continue to meet all the requirements of the laws, rules, regulations, orders and standards pertaining to milk and milk products of the state and making the declarations as required on application for permit allowing processing of modified milk. Pursuant to the provisions of the Grade A milk law and upon the Commissioner's approval, a license may be issued for processing of modified milk and milk products. When there is satisfactory evidence of misuse or failure to meet all the requirements of the laws, rules, regulations, orders and standards of all agencies pertaining to milk and milk products of this state, said permit shall be revoked or suspended. Each processing plant, which modifies milk, shall keep and maintain the following records, which shall be open to inspection by the Commissioner or his designee at any reasonable time:
1. original invoices of all purchases of concentrates used;
2. the amounts used in milk each day;
3. the daily production of modified milk.

Rule 40-2-1-.02 Repealed