2VAC5-510-460.  Maximum allowable microbiological and temperature limits for pasteurized dairy ingredients, pasteurized and unpasteurized mixes, and frozen desserts.

Part VIII. Product Test Procedures and Quality Requirements - the Examination of Frozen Desserts and Their Ingredients

2VAC5-510-450. Product test procedures and the examination of frozen desserts and their ingredients.

A. At irregular intervals during any six month period, at least four samples of frozen desserts and pasteurized mix from each plant shall be taken and examined by the State Regulatory Agency. Samples of the frozen desserts or mix may be taken at any time prior to final delivery.

B. Frozen desserts and mixes imported and offered for sale in the Commonwealth of Virginia may be sampled and tested as deemed necessary for the State Regulatory Agency.

C. The products shall be tested in accordance with tests and examinations contained in Standard Methods for the Examination of Dairy Products or Official Methods of Analysis of AOAC International. A modified Roese-Gottlieb test, such as the Mojonnier or Dietert, may be used in making an official determination of the butterfat and total solids content of frozen dairy food products.

D. The bacterial quality of commingled milk and cream, and other dairy products for use in the manufacture of frozen desserts and mix, shall comply with Regulations Governing Milk for Manufacturing Purposes (2VAC5-531).

Statutory Authority

§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.

Historical Notes

Derived from VR115-05-03 § 8.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-460. Maximum allowable microbiological and temperature limits for pasteurized dairy ingredients, pasteurized and unpasteurized mixes, and frozen desserts.

Pasteurized⁵ mix, dairy ingredients, frozen desserts, and unpasteurized⁵ imitation mixes and imitation frozen desserts shall comply with the following standards:

Bacteria Count
	Standard Plate Count Not More Than¹	Coliform Presence Not More Than¹	Storage Temp.
Milk	50,000/ml	10/ml	45°F (7.2°C)
Cream	50,000/ml	10/ml	45°F (7.2°C)
Fluid Dairy Ingredient	50,000/ml	10/ml	45°F (7.2°C)
Mix	50,000/gr	10/gr	45°F (7.2°C)^{2, 3, 6}
Frozen Dessert (plain)	50,000/gr	10/gr⁴
¹In three out of the last five consecutive samples taken by the State Regulatory Agency. ²This does not preclude holding mix at higher temperatures for a short period of time immediately prior to freezing where applicable to particular manufacturing or processing practices. ³This does not apply to sterilized mix in hermetically sealed containers. ⁴20/gr. for chocolate, fruit, nuts, or other bulky flavored frozen desserts. ⁵The phenol value shall be no greater than the minimum specified for the particular product, as determined by the phosphatase test of the latest edition of "Standard Methods." ⁶This does not apply to powder or dry frozen desserts mix.

Statutory Authority

§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.

Historical Notes

Derived from VR115-05-03 § 8.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.