Administrative Code

Virginia Administrative Code
12/3/2021

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 Authority. Samples of the frozen desserts or mix may be taken at any time prior to final delivery.

B. Frozen desserts establishments operating seasonally shall be sampled once every six weeks.

C. Freezer-made milk shakes and freezer-made shakes shall be sampled once every three months, with check samples of violations to be taken promptly.

D. Frozen desserts and mixes imported and offered for sale in the Commonwealth of Virginia shall be sampled and tested as deemed necessary for the State Regulatory Authority.

E. 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 the Association of Official Analytical Chemists.

F. 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 the Commonwealth of Virginia regulations for Milk for Manufacturing Purposes and its Production and Processing.

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.

2VAC5-510-460. Quality standards for pasteurized dairy ingredients, pasteurized and unpasteurized mixes or 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 Determ
Not More Than1

Storage Temp.

Milk

50,000/ml

10/ml

45°F

Cream

50,000/ml

10/ml

45°F

Fluid Dairy Ingredient

50,000/ml

10/ml

45°F

Mix

50,000/gr

10/gr

45°F2, 3, 6

Frozen Dessert (plain)

50,000/gr

10/gr4

1In three out of the last five consecutive samples taken by the 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.

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