Subchapter A. MILK AND DAIRY PRODUCTS DEFINITIONS AND
STANDARDS
Sec.
57.1. Definitions.
57.1a. Milk.
57.2. Acidified milk.
57.3. Cultured milk.
57.4. Lowfat milk.
57.5. Acidified lowfat milk.
57.6. Cultured lowfat milk.
57.7. Skim milk or nonfat milk.
57.8. Acidified skim milk.
57.9. Cultured skim milk.
57.10. Buttermilk.
57.11. Heavy cream.
57.12. Light cream.
57.13. Light whipping cream.
57.14. Whipped light cream, whipped medium cream and whipped heavy cream.
57.15. Sour cream.
57.15a. Lowfat sour cream.
57.16. Acidified sour cream.
57.17. Eggnog.
57.18. Half-and-half.
57.19. Sour half-and-half.
57.20. Acidified sour half-and-half.
57.21. Yogurt.
57.22. Lowfat yogurt.
57.23. Nonfat yogurt.
57.24. Protein fortified lowfat milk or skim milk.
57.25. Approved testing methods.
57.26. Approved ingredients.
57.27. Other dairy products standard.
57.28. Temporary marketing permit.
57.29. [Reserved].
57.30. [Reserved].
57.31. [Reserved].
57.32. [Reserved].
57.33. [Reserved].§ 57.1. Definitions
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Artificial dairy product—A food manufactured, packaged or labeled so as to purport to resemble the identity, intended use, composition, physical and sensory properties of a dairy product for which there has been established a standard of identity.
Basic compositional ingredient—An ingredient which contributes a significant portion of the nutritional value or characterizing ingredient of the food.
Department—The Department of Agriculture of the Commonwealth.
Milk products—Ice cream, ice cream mix, custard ice cream, french ice cream, frozen custard, ice milk, sherbet and other similar frozen and semifrozen products and dairy products used in the manufacture thereof.
Organoleptic or sensory characteristics—Characteristics relating to the flavor, texture, smell or appearance—for example, package or label appearance—of a food product.
Physical characteristics—Characteristics relating to the composition of a food including but not limited to fat and moisture content, nonfat solids content and functional ingredients or food additive content such as emulsifiers, stabilizers, flavor or color additives.
Reconstituted dairy products—Reconstituted or recombined milk or dairy products resulting from the recombining of milk constitutents with potable water.
Secretary—The Secretary of the Department.
Standardized food—A food for which a standard of identity has been established by the Department.
Sterile—A dairy product that has been processed and packaged so as to have extended shelf-life under nonrefrigerated conditions.
Source The provisions of this § 57.1 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27102).
Cross References This section cited in 7 Pa. Code § 57.42 (relating to specific labeling requirements); 7 Pa. Code § 59a.14 (relating to labeling: bottles, containers and packages of milk, milk products or manufactured dairy products).
§ 57.1a. Milk.
(a) Milk in final package form for beverage use may contain not less than 3.25% milkfat but not more than 6% milkfat and not less than 8.25% milk solids not fat. Milk may be adjusted by separating part of the milkfat, or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk and may be homogenized.
(b) Vitamin additions are optional.
(1) If added, vitamin A shall be present in such quantity that each quart of the food contains not less than 2,000 International Units, within limits of good manufacturing practice.
(2) If added, vitamin D shall be present in such quantity that each quart of the food contains 400 International Units, within limits of good manufacturing practice.
(c) The following safe and suitable ingredients may be used:
(1) Carriers for vitamin A and D.
(2) Characterizing flavoring ingredients, with or without coloring, nutritive sweetener, emulsifiers and stabilizers, as follows:
(i) Fruit and fruit juice, including concentrated fruit and fruit juices.
(ii) Natural and artificial food flavorings.
Source The provisions of this § 57.1a adopted September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285.
Cross References This section cited in 7 Pa. Code § 57.4 (relating to lowfat milk); and 7 Pa. Code § 57.7 (relating to skim milk or nonfat milk).
§ 57.2. Acidified milk.
Acidified milk shall comply with 21 CFR 131.111 (relating to acidified milk).
Source The provisions of this § 57.2 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended May 14, 1976, effective May 15, 1976, 6 Pa.B. 1098; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial pages (27102) to (27103).
§ 57.3. Cultured milk.
Cultured milk shall comply with 21 CFR 131.112 (relating to cultured milk).
Source The provisions of this § 57.3 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27103).
§ 57.4. Lowfat milk.
(a) General. Lowfat milk is milk from which sufficient milkfat has been removed to produce a food having one of the following milkfat contents: .5%, 1%, 1.5% or 2%, within limits of good manufacturing practices. It may contain not less than 8.25% milk solids not fat and may be homogenized.
(b) Optional vitamin addition. If added, the vitamins shall be present as described in § 57.1a(b) (relating to milk).
(c) Optional ingredients. The following safe and suitable optional ingredients may be used:
(1) Carriers for vitamins A and D.
(2) Concentrated skim milk, nonfat dry milk or other milk derived ingredients to increase the nonfat solids content of the food. The ratio of protein to total nonfat solids of the food, and protein efficiency ratio of protein present, may not be decreased as a result of adding the ingredients. If these ingredients are used, emulsifiers, stabilizers, or both, may be added in an amount not to exceed 2% by weight of the solids added.
(3) Characterizing flavoring ingredients—with or without coloring, nutritive sweetener, emulsifiers and stabilizers—as follows:
(i) Fruit and fruit juices—including concentrated fruit and fruit juices.
(ii) Natural and artificial food flavorings.
Source The provisions of this § 57.4 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27103).
Cross References This section cited in 7 Pa. Code § 57.7 (relating to skim milk or nonfat milk).
§ 57.5. Acidified lowfat milk.
Acidified lowfat milk shall comply with 21 CFR 131.136 (relating to acidified lowfat milk).
Source The provisions of this § 57.5 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial pages (27103) and (24353).
§ 57.6. Cultured lowfat milk.
Cultured lowfat milk shall comply with 21 CFR 131.138 (relating to cultured lowfat milk).
Source The provisions of this § 57.6 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24353).
§ 57.7. Skim milk or nonfat milk.
(a) General. Skim milk is milk from which sufficient milkfat has been removed to reduce its milkfat content to less than 0.5%. Skim milk may contain not less than 8.25% milk solids not fat and may be homogenized.
(b) Optional vitamin addition. If vitamins are added, they shall be present as described in § 57.1a(b) (relating to milk).
(c) Optional ingredients. Optional ingredients may be added as provided in § 57.4(c) (relating to lowfat milk).
Source The provisions of this § 57.7 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24353).
§ 57.8. Acidified skim milk.
Acidified skim milk shall comply with 21 CFR 131.144 (relating to acidified skim milk).
Source The provisions of this § 57.8 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24353).
§ 57.9. Cultured skim milk.
Cultured skim milk shall comply with 21 CFR 131.146 (relating to cultured skim milk).
Source The provisions of this § 57.9 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24353).
§ 57.10. Buttermilk.
Buttermilk is a fluid product resulting from the manufacture of butter from approved milk or cream and containing not less than 8.25% milk solids not fat.
Source The provisions of this § 57.10 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24354).
§ 57.11. Heavy cream.
Heavy cream shall comply with 21 CFR 131.150 (relating to heavy cream).
Source The provisions of this § 57.11 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24354).
§ 57.12. Light cream.
Light cream shall comply with 21 CFR 131.155 (relating to light cream).
Source The provisions of this § 57.12 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24354).
§ 57.13. Light whipping cream.
Light whipping cream shall comply with 21 CFR 131.157 (relating to light whipping cream).
Source The provisions of this § 57.13 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (110519).
§ 57.14. Whipped light cream, whipped medium cream and whipped heavy cream.
Whipped light cream, whipped medium cream and whipped heavy cream are creams into which air or gas has been incorporated.
Source The provisions of this § 57.14 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (110519).
§ 57.15. Sour cream.
Sour cream shall comply with 21 CFR 131.160 (relating to sour cream).
Source The provisions of this § 57.15 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (110519).
§ 57.15a. Lowfat sour cream.
(a) Description. Lowfat sour cream shall comply with 21 CFR 131.160 (relating to sour cream), except that the food may not contain less than 6% nor more than 9% milkfat. Vitamin A may be added. When the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of the milkfat may not be less than 6% of the remainder obtained by subtracting the weight of the optional ingredients from the weight of the food. The food may not contain less than 4.8% milkfat.
(b) Vitamin addition. If added, Vitamin A shall be present in a quantity so that 2 tablespoons—1 fluid ounce—serving of the food contains not less than 175 International Units of Vitamin A, within limits of good manufacturing practice.
(c) Nomenclature. The name of the food is ‘‘Lowfat Sour Cream’’ or alternatively ‘‘Lite Sour Cream’’.
Authority The provisions of this § 57.15a issued under section 7 of the act of August 8, 1961 (P. L. 975, No. 436) (31 P. S. § 520-7).
Source The provisions of this § 57.15a adopted June 2, 1989, effective June 3, 1989, 19 Pa.B. 2353.
§ 57.16. Acidified sour cream.
Acidified sour cream shall comply with 21 CFR 131.162 (relating to acidified sour cream).
Source The provisions of this § 57.16 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (110519).
§ 57.17. Eggnog.
Eggnog shall comply with 21 CFR 131.170 (relating to eggnog).
Source The provisions of this § 57.17 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (110519).
§ 57.18. Half-and-half.
Half-and-half shall comply with 21 CFR 131.180 (relating to half-and-half).
Source The provisions of this § 57.18 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial pages (27104) to (27105).
§ 57.19. Sour half-and-half.
Sour half-and-half shall comply with 21 CFR 131.185 (relating to sour half-and-half).
Source The provisions of this § 57.19 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27105).
§ 57.20. Acidified sour half-and-half.
Acidified sour half-and-half shall comply with 21 CFR 131.187 (relating to sour half-and-half).
Source The provisions of this § 57.20 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27105).
§ 57.21. Yogurt.
Yogurt shall comply with 21 CFR 131.200 (relating to yogurt).
Source The provisions of this § 57.21 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27105).
§ 57.22. Lowfat yogurt.
Lowfat yogurt shall comply with 21 CFR 131.203 (relating to lowfat yogurt).
Source The provisions of this § 57.22 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended May 14, 1976, effective May 15, 1976, 6 Pa.B. 1098; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27105).
§ 57.23. Nonfat yogurt.
Nonfat yogurt shall comply with 21 CFR 131.206 (relating to nonfat yogurt).
Source The provisions of this § 57.23 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial pages (27105) and (24357).
§ 57.24. Protein fortified lowfat milk or skim milk.
Protein fortified lowfat milk or skim milk may contain less than 10% milk derived nonfat solids.
Source The provisions of this § 57.24 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24357).
§ 57.25. Approved testing methods.
(a) The milkfat content standards prescribed by this chapter shall be determined by a milkfat testing method set forth in the latest edition of either of the following:
(1) Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists.
(2) Standard Methods for the Examination of Dairy Products, published by the American Public Health Association, Inc.
(b) Total solids, acidity, nonfat milk solids and moisture shall be determined by the testing procedures set forth in the latest edition of Official Methods of Analysis of the Association of Official Analytical Chemists.
(c) Modification of the test procedures in subsections (a) and (b), as approved by the Department, may be used.
Source The provisions of this § 57.25 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial pages (24357) to (24358).
§ 57.26. Approved ingredients.
(a) Milk and dairy products shall be approved by the Department before use in products defined in this subchapter.
(b) Other ingredients, if permitted, including but not limited to flavors, sweeteners, stabilizers, emulsifiers, vitamins and minerals shall be safe and suitable as defined by 21 CFR Subchapter B (relating to food for human consumption). Safe and suitable ingredients may be used at levels necessary to achieve their intended effects.
Source The provisions of this § 57.26 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24358).
§ 57.27. Other dairy products standard.
A dairy product not specifically defined in this chapter shall conform with 21 CFR Parts 131 and 133 (relating to milk and cream and cheese).
Source The provisions of this § 57.27 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24358).
§ 57.28. Temporary marketing permit.
(a) A dairy product to be sold in this Commonwealth shall conform with established definitions and standards of identity, except that a person holding a current milk or milk products permit, issued under the act of July 2, 1935 (P. L. 589, No. 210) (31 P. S. § § 645—660g), known as the Milk Sanitation Law, who wishes to process a dairy product for which a standard of identity has not been promulgated by the Secretary, may apply to the Secretary for a temporary permit to market the product.
(b) The application shall be on a form furnished by the Secretary and contain information as the Secretary may require. The permit shall be for a period not to exceed 1 year, although the temporary marketing may be extended for a period of up to 1 year by the Secretary if a new standard of identity has been introduced under section 7 of the act of August 8, 1961 (P. L. 975, No. 436) (31 P. S. § 520-7) known as the Milk Adulteration and Labeling Act.
(c) The Secretary may revoke a permit if the application contains misleading statements, or if the Secretary determines that unfair competitive advantage is gained through the issuance of the permit, or that the need no longer exists for a permit.
Source The provisions of this § 57.28 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24358).
§ 57.29. [Reserved].
Source The provisions of this § 57.29 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; reserved September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (24358).
§ 57.30. [Reserved].
Source The provisions of this § 57.30 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; reserved September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (73653).
§ 57.31. [Reserved].
Source The provisions of this § 57.31 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; reserved September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (73653).
§ 57.32. [Reserved].
Source The provisions of this § 57.32 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; reserved September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (73653).
§ 57.33. [Reserved].
Source The provisions of this § 57.33 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; reserved September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (73653).
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