Chapter 901:11-5 Standards of Identity for Milk, Cream, Butter, Other Dairy Products

901:11-5-01 Whipped cream or whipped light cream.

(A) "Whipped Cream" means light whipping cream into which air or gas has been incorporated.

(B) "Whipped Light Cream," "Whipped Coffee Cream," or "Whipped Table Cream" means light cream, coffee cream, or table cream, respectively, into which air or gas has been incorporated.

(C) The grade designation shall appear on the information panel of the carton or on the cap of a glass or plastic container.

Replaces : 901:3-9-07

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-02 Concentrated milk.

(A) Description:

Concentrated milk is the liquid food obtained by partial removal of water from milk. The milkfat and total milk solids content of the food are not less than 7.5 and 25 per cent, respectively. It is pasteurized, but it is not processed by heat so as to prevent spoilage. It may be homogenized.

(B) Vitamin addition (optional):

If added, vitamin D shall be present in such quantity that each fluid ounce of the food contains twenty-five international units thereof, within limits of good manufacturing practice.

(C) Optional ingredients:

The following safe and suitable optional ingredients may be used:

(1) Carrier for vitamin D;

(2) Characterizing flavoring ingredients, with or without coloring, as follows:

(a) Fruit and fruit juice, including concentrated fruit and fruit juice; and,

(b) Natural and artificial food flavoring.

(D) Methods of analysis:

Referenced methods are from "Official Methods of Analysis of AOAC International", 17th edition.

(1) Milkfat content- appropriate test methods as specified in chapter 33.

(2) Total milk solids- appropriate test methods as specified in chapter 33.

(3) Vitamin D content- appropriate test methods as specified in chapter 45.

(E) Nomenclature:

The name of the food is "Concentrated milk" or alternatively "Condensed milk". If the food contains added vitamin D. The phrase "vitamin D" or "vitamin D added" shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name. The word "homogenized" may appear on the label if the food has been homogenized. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in Title 21 CFR 101.22 .

(F) Label declaration:

Each of the ingredients used in the food, shall be declared on the label as required by the applicable sections of Title 21 CFR 101 and 21 CFR 130.

Replaces : 901:3-9-11

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-03 Evaporated milk.

(A) Description:

Evaporated milk is the liquid food obtained by the partial removal of water only from milk. It contains not less than 6.5 per cent by weight of milkfat, not less than 16.5 per cent by weight of milk solids not fat, and not less than 23 per cent by weight of total milk solids. Evaporated milk contains added vitamin D as prescribed in paragraph (B) of this rule. It is homogenized. It is sealed in a container and so processed by heat, either before or after sealing, as to prevent spoilage.

(B) Vitamin addition:

(1) Vitamin D shall be present in such quantity that each fluid ounce of the food contains 25 International Units thereof within limits of good manufacturing practice.

(2) Addition of vitamin A is optional. If added, vitamin A shall be present in such quantity that each fluid ounce of the food contains not less than one hundred twenty-five international units thereof within limits of good manufacturing practice.

(C) Optional ingredients:

The following safe and suitable ingredients may be used:

(1) Carriers for vitamins A and D;

(2) Emulsifiers;

(3) Stabilizers, with or without dioctyl sodium sulfosuccinate (when permitted by, and complying with the provisions of Part 172.810 of Title 21, Code of Federal Regulations) as a solubilizing agent;

(4) Characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweeteners, as follows:

(a) Fruit and fruit juice, including concentrated fruit and fruit juice; or,

(b) Natural and artificial food flavoring.

(D) Methods of analysis:

The following referenced methods are from "Official Methods of Analysis of AOAC International", 17th chapter:

(1) Milkfat content- appropriate tests methods as specified in chapter 33;

(2) Total milk solids- appropriate tests methods as specified in chapter 33; and,

(3) Vitamin D content - appropriate tests methods as specified in chapter 45.

(E) Nomenclature:

The name of the food is "Evaporated milk." The phrase "vitamin D" or "vitamin D added," or "vitamin A and D" or "vitamin A and D added," as is appropriate, shall immediately precede or follow the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name. The name of the food shall include a declaration of a the presence of any characterizing flavoring, as specified in Title 21 CFR 101.22 .

(F) Label declaration:

Each of the ingredients used in the food, shall be declared on the label as required by the applicable sections of Title 21 CFR 101 and 21 CFR 130.

Replaces : 901:3-9-12

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-04 Sweetened condensed milk.

(A) Description:

Sweetened condensed milk is the food obtained by the partial removal of water only from a mixture of milk and safe and suitable nutritive carbohydrate sweeteners. The finished food contains not less than eight per cent by weight of milkfat, and not less than twenty-eight per cent by weight of total milk solids. The quantity of nutritive carbohydrate sweeteners used is sufficient to prevent spoilage. The food is pasteurized and may be homogenized.

(B) Optional ingredients:

The following safe and suitable characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweeteners, may be used:

(1) Fruit and fruit juice, including concentrated fruit and fruit juice; or,

(2) Natural and artificial food flavoring.

(C) Method of analysis:

The milkfat content is determined by the method prescribed in chapter 33 of the "Official Methods of Analysis of AOAC International", 17th edition.

(D) Nomenclature:

The name of the food is "Sweetened Condensed Milk." The word "homogenized" may appear on the label if the food has been homogenized. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in Title 21 CFR 101.22 .

(E) Label declaration:

Each of the ingredients used shall be declared on the label as required by the applicable sections of Title 21 CFR 101 and 21 CFR 130.

Replaces : 901:3-9-13

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-05 Homogenized milk.

"Homogenized milk" means milk which has been treated to ensure breakup of the fat globules to such an extent that, after forty-eight hours of quiescent storage at forty-five degrees Fahrenheit, no visible cream separation occurs on the milk, and the fat percentage of the top one hundred milliliters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than ten per cent from the fat percentage of the remaining milk as determined after thorough mixing.

Replaces : 901:3-9-16

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-06 Buttermilk.

"Buttermilk" means a fluid product resulting from the manufacture of butter from milk or cream. It contains not less than 8.25 per cent of milk solids-not-fat.

Replaces : 901:3-9-18

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-07 Grade A dry milk products.

"Grade "A" dry milk products" means milk products which have been manufactured under the provisions of the grade "A" condensed and dry milk ordinance, 1995 revision, supplement 1 to the grade "A" pasteurized milk ordinance.

Replaces : 901:9-3-21

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-08 Dried whole milk.

(A) Description:

Dry whole milk is the product obtained by removal of water only from pasteurized milk, as defined in Sec. 131.110(a), which may have been homogenized. Alternatively, dry whole milk may be obtained by blending fluid, condensed, or dried nonfat milk with liquid or dried cream or with fluid, condensed, or dried milk, as appropriate, provided the resulting dry whole milk is equivalent in composition to that obtained by the method described in the first sentence of this paragraph. It contains the lactose, milk proteins, milkfat, and milk minerals in the same relative proportions as the milk from which it was made. It contains not less than twenty-six per cent but less than forty per cent by weight of milkfat on an as is basis. It contains not more than five per cent by weight of moisture on a milk solids not fat basis.

(B) Vitamin addition:

(1) Addition of vitamin A is optional. If added, vitamin A shall be present in such quantity that, when prepared according to label directions, each quart of the reconstituted product shall contain not less than two thousand international units thereof.

(2) Addition of vitamin D is optional. If added, vitamin D shall be present in such quantity that, when prepared according to label directions, each quart of the reconstituted product shall contain four hundred international units thereof.

(3) The requirements of this paragraph will be met if reasonable overages, within limits of good manufacturing practice, are present to ensure that the required levels of vitamins are maintained throughout the expected shelf life of the food under customary conditions of distribution.

(C) Optional ingredients:

The following safe and suitable optional ingredients may be used:

(1) Carriers for vitamins A and D;

(2) Emulsifiers;

(3) Stabilizers;

(4) Anticaking agents;

(5) Antioxidants; or,

(6) Characterizing flavoring ingredients (with or without coloring and nutritive carbohydrate sweetener) as follows:

(a) Fruit and fruit juice, including concentrated fruit and fruit juice; or,

(b) Natural and artificial food flavoring.

(D) Methods of analysis:

The following referenced methods of analysis are from ``Official Methods of Analysis of AOAC International", 17th edition:

(1) Milkfat content - appropriate test methods as specified in chapter 33;

(2) Moisture content - appropriate test methods as specified in chapter 33; and,

(3) Vitamin D content - appropriate test methods as specified in chapter 45.

(E) Nomenclature:

The name of the food is ``Dry whole milk.'' The name of the food shall appear on the principal display panel of the label in type of uniform size, style, and color. The name of the food shall be accompanied by a declaration indicating the presence of any characterizing flavoring as specified in title 21 CFR 101.22 . The following phrases in type size not less than one-half the height of the type size used in such name shall accompany the name of the food wherever it appears on the principal display panel or panels:

(1) The phrase ``Contains _____ % milkfat'', the blank to be filled in with the whole number closest to the actual fat content of the food; and,

(2) If vitamins are "added'', the phrase "vitamin A'', or ``vitamin A added'', or "vitamin D'', or "vitamin D added'', or ``vitamins A and D'', or "vitamins A and D added'', as appropriate. The word "vitamin'' may be abbreviated "vit."

(F) Label declaration:

Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of Title 21 CFR 101 and 21 CFR 130.

Replaces : 901:3-9-22

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-09 Non-fat dry milk or low fat dry milk.

(A) Description:

Nonfat dry milk is the product obtained by removal of water only from pasteurized skim milk. It contains not more than five per cent by weight of moisture, and not more than 1.5 per cent by weight of milkfat unless otherwise indicated.

(B) Optional ingredients:

Safe and suitable characterizing flavoring ingredients (with or without coloring and nutritive carbohydrate sweetener) as follows:

(1) Fruit and fruit juice, including concentrated fruit and fruit juice; or,

(2) Natural and artificial food flavorings.

(C) Methods of analysis:

The following referenced methods of analysis are from "Official Methods of Analysis of AOAC International", 17th edition:

(1) Milkfat content - appropriate test methods as specified in chapter 33; and,

(2) Moisture content - appropriate test methods as specified in chapter 33.

(D) Nomenclature:

The name of the food is "Nonfat dry milk". If the fat content is over one and one-half percent by weight, the name of the food on the principal display panel or panels shall be accompanied by the statement "Contains _______ % milkfat", the blank to be filled in with the percentage to the nearest one-tenth of one percent of fat contained, within limits of good manufacturing practice. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in Title 21 CFR 101.22 .

(E) Label declaration:

Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of Title 21 CFR 101 and 21 CFR 130.

Replaces : 901:3-9-23

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-10 Nonfat dry milk fortified with vitamins A and D.

(A) Description:

Nonfat dry milk fortified with vitamins A and D conforms to the standard of identity for nonfat dry milk, except that vitamins A and D are added as prescribed by paragraph (B) of this rule.

(B) Vitamin addition:

(1) Vitamin A is added in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains two thousand international units thereof.

(2) Vitamin D is added in such quantity that when prepared according to the label directions, each quart of the reconstituted product contains four hundred international units thereof.

(3) The requirements of this paragraph will be deemed to have been met if reasonable overages, within limits of good manufacturing practice, are present to ensure that the required levels of vitamins are maintained throughout the expected shelf life of the food under customary conditions of distribution.

(C) Optional ingredients:

The following safe and suitable optional ingredients may be used:

(1) Carriers for vitamins A and D; or,

(2) Characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweetener, as follows:

(a) Fruit and fruit juice, including concentrated fruit and fruit juices; or,

(b) Natural and artificial food flavorings.

(D) Methods of analysis:

The following referenced methods of analysis are from "Official Methods of Analysis of AOAC International", 17th edition:

(1) Milkfat content - appropriate test methods as specified in chapter 33;

(2) Moisture content - appropriate test methods as specified in chapter 33; and,

(3) Vitamin D content - appropriate test methods as specified in chapter 45.

(E) Nomenclature:

The name of the food is "Nonfat dry milk fortified with vitamins A and D". If the fat content is over one and one-half percent by weight, the name of the food on the principal display panel or panels shall be accompanied by the statement "Contains _______ % milkfat", the blank to be filled in to the nearest one-tenth of one percent with the percentage of fat contained within limits of good manufacturing practice. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in Title 21 CFR 101.22 .

(F) Label declaration:

Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of Title 21 CFR 101 and 21 CFR 130.

Replaces : 901:3-9-24

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-11 Breed milk.

(A) "Breed milk" means milk produced by cattle of a recognized breed of cattle which are in herds composed exclusively of such cattle and for which certificates of an official representative of the state association of breeders of such cattle are on file in the department of agriculture.

(B) The minimum butterfat content of standardized breed milk shall not be less than 3.25 per cent butterfat, or the butterfat content declared on the container, whichever is the highest.

(C) No person shall sell, offer for sale, or expose for sale breed milk unless he keeps on file and available for inspection by department of agriculture:

(1) A list of producers whose milk he is using to be sold as breed milk;

(2) The monthly milk production and butterfat tests of each such producer; and,

(3) The monthly amount of milk sold under this breed designation. These records shall be maintained for a period of ninety days.

(D) Nothing in this regulation prohibits the use of a breed name in the corporate or firm name of any dairy distributor, provided the breed name shall not appear on the label in any type larger than the remainder of the distributor's name.

Replaces : 901:3-9-35

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-12 Pasteurized cheese, pasteurized-blended cheese.

(A) "Pasteurized cheese" or "pasteurized-blended cheese" means the clean, sound, pasteurized product made by comminuting and mixing with the aid of heat and water, one or more lots of cheddar cheese into a homogeneous, plastic mass which conforms to the standard for cheddar cheese.

(B) "Pasteurized __________ cheese" or "pasteurized-blended ___________ cheese", the blank being filled in with the varietal name of a cheese, mean the clean, sound, pasteurized product made by comminuting and mixing with the aid of heat and water, one or more lots of the variety of cheese named into a homogeneous, plastic mass which conforms to the standard for the named variety of cheese.

Replaces : 901:3-9-30

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-13 Emulsified cheese, process cheese.

(A) "Emulsified cheese" or "process cheese" means the modified cheese made by comminuting and mixing one or more lots of cheese into a homogeneous mass, with the aid of heat, with or without the addition of water, and with not more than three percent by weight of a suitable emulsifying agent, which contain not more than forty percent of water and in the water-free substance, not less than fifty percent of milkfat.

(B) "Emulsified_______________cheese", or "processed_______________cheese", the blank being filled in with the varietal name of a cheese, mean the modified cheese made by comminuting and mixing one or more lots of the indicated variety of cheese into a homogeneous mass, with the aid of heat, with or without the addition of water, and with not more than three by weight of a suitable emulsifying agent, which conforms to the limits for fat and moisture for cheese of the named variety.

Effective: 06/11/2010
R.C. 119.032 review dates: 03/23/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-14 Skim milk cheese spread.

(A) "Skim milk cheese spread" means a dairy product made by comminuting skim milk cheese with the aide of heat, and with or without the following ingredients: whey solids, non-fat milk solids, water, emulsifiers, stabilizers, food grade acids, salt, corn polysaccharides, artificial color, and artificial flavor approved by the director of agriculture.

(B) During its preparation it shall be heated for not less than thirty seconds at not less than one hundred sixty degrees fahrenheit. The phosphatase test of finished product shall be negative.

(C) Skim milk cheese spread shall contain not more than sixty per cent moisture and not more than one per cent milk fat. Skim milk cheese solids must constitute no less than forty per cent by weight of the total solids of the finished product. Emulsifiers not more than three per cent by weight, and stabilizers not more than 3.5 per cent by weight. The use of flavoring which simulate the flavor of other cheese of any age or variety is prohibited.

(D) The label of the product shall include, in addition to other required information, a list of the ingredients used in the order of their dominance.

Replaces : 901:3-9-37

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005

901:11-5-15 Low fat cheese spread.

(A) "Low fat cheese spread" means a product made by comminuting skim milk cheese, part skim milk cheese, and American cheese, with the aid of heat, and with or without the following ingredients: whey solids, non-fat milk solids, water, food grade acid, emulsifying agents, stabilizers, salt, corn polysaccharides, artificial color and artificial flavor approved by the director of agriculture.

(B) During its preparation it shall be heated for not less than thirty seconds at not less than one hundred sixty degrees fahrenheit. The phosphatase test of finished product shall be negative.

(C) Low fat cheese spread shall contain not more than sixty per cent moisture and not less than two per cent and not more than four per cent milk fat. The cheese solids used must constitute no less than forty per cent by weight of the total solids of the finished product. Emulsifiers not more than three per cent by weight and stabilizers not more than 3.5 per cent by weight. The use of flavorings which simulate the flavor of other cheese of any age or variety is prohibited.

(D) The label of the product shall include in addition to other required information, a list of the ingredients used in the order of their dominance.

Replaces : 901:3-9-38

R.C. 119.032 review dates: 03/23/2010 and 03/23/2015
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.02 , 917.05 , 3715.02
Prior Effective Dates: 12/16/76, 07/22/2005