Part I. Definitions
2VAC5-510-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"3-A Accepted Practices" means the accepted practices published by 3-A Sanitary Standards, Incorporated and indexed in the 3-A Sanitary Standards and 3-A Accepted Practices, effective March 1, 2024.
"3-A Sanitary Standards" means the standards for dairy equipment published by 3-A Sanitary Standards, Incorporated and indexed in the 3-A Sanitary Standards and 3-A Accepted Practices, effective March 1, 2024.
"Adulterated milk, milk products, and frozen desserts" means any milk, milk products, other frozen dessert ingredient, frozen desserts, or frozen desserts mix that meets one or more of the conditions specified in 21 USC § 342.
"Cleaned in place" or "CIP" means the procedure by which equipment is mechanically cleaned in place by circulation of wash, rinse, and sanitizer solutions.
"Frozen dessert" means any of the following: ice cream, frozen custard, french ice cream, french custard ice cream, ice milk, fruit sherbet, water ice, nonfruit sherbet, nonfruit water ice, artificially sweetened ice cream or frozen dietary dairy dessert, artificially sweetened ice milk, frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, mellorine, parevine, lowfat parevine, freezer made milk shake, freezer made shake, those products manufactured or sold in semblance to or as substitutes for the foregoing frozen desserts, and any mix used in the freezing of the foregoing frozen desserts.
"Frozen desserts plant" means any place or premises where frozen desserts or mix are manufactured, processed, pasteurized, or frozen for distribution or sale.
"Harmless" means that a food or substance is generally recognized as safe, as prescribed in 21 CFR Parts 181 through 186.
"Misbranded" means a milk, milk product, other frozen dessert ingredient, frozen dessert, or frozen dessert mix that:
1. Bears on its container or is accompanied by any false or misleading written, printed, or graphic matter;
2. Does not conform to the product's definition established in this chapter; or
3. Is not labeled in accordance with 2VAC5-510-430.
"Official methods" means Official Methods of Analysis of AOAC International, a publication of the Association of Official Analytical Collaboration International.
"Pasteurization" or "pasteurized" means the process of heating, in approved and properly operated equipment, every particle of mix to any one of the following temperatures and holding at the temperature for the specified time:
1. Vat Pasteurization: 155°F (68.3°C) and holding at such temperature for at least 30 minutes.
2. HTST (high-temperature short-time) Pasteurization: 175°F (79.4°C) and holding at such temperature for at least 25 seconds.
Nothing contained in this definition shall be construed as barring any other method of process, or combination of times and temperatures, as may be demonstrated to be equally efficient.
"Permit" means the document issued by the Commissioner of Agriculture and Consumer Services pursuant to § 3.2-5214 of the Code of Virginia that authorizes a person to operate a frozen desserts plant.
"Permit holder" means the entity that is legally responsible for the operation of the frozen desserts plant, such as the owner, the owner's agent, or other person, and that possesses a valid permit to operate a frozen desserts plant.
"Person" means any individual, partnership, corporation, company, firm, trustee, or association.
"Plant" means any place, premise, or establishment where milk or dairy products are received or handled for processing or manufacturing the products defined in this chapter.
"Powder" or "dry frozen desserts mix" means a frozen desserts mix in a dry form.
"Standard methods" means Standard Methods for the Examination of Dairy Products, a publication of the American Public Health Association.
"State Regulatory Agency" means the Commissioner of Agriculture and Consumer Services or the commissioner's agent or the State Health Commissioner or the commissioner's agent when such person is carrying out any duty assigned to such commissioner in the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia).
"Summarily suspend" means the immediate suspension of a permit issued by the State Regulatory Agency without the opportunity for the permit holder to contest the suspension prior to the effective date and time of the suspension.
"VDACS" means the Virginia Department of Agriculture and Consumer Services.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.