Part XII. Plant Operations
2VAC5-510-550. Pasteurization of frozen dessert mix.
A. Except for flavoring ingredients, the entire mix shall be pasteurized after formulation. A frozen dairy dessert mix must be repasteurized at the receiving plant before being offered for sale, unless the State Regulatory Agency grants permission for the frozen dairy dessert mix to be sold without repasteurization. Pasteurized mix or frozen desserts shall not be permitted to come in contact with equipment or containers with which unpasteurized mix, frozen desserts, milk, or milk products have been in contact, unless such equipment has first been properly washed and sanitized.
B. All milk, milk products, eggs, egg products, cocoa, cocoa products, emulsifiers, stabilizers, vitamins, and liquid sweeteners shall be added to the frozen dessert before it is pasteurized, except when:
1. The frozen desserts plant demonstrates to the State Regulatory Agency's satisfaction that the addition of these ingredients prior to pasteurization will negatively impact the ability to produce the product or the quality of the product;
2. The frozen desserts plant maintains records that demonstrate to the State Regulatory Agency's satisfaction the science proving that the ingredients that are added after pasteurization are safe and suitable; or
3. The ingredients are safely and sanitarily added to the frozen dessert product.
C. Flavoring and coloring ingredients may be added after pasteurization when:
1. The ingredient has been subjected to a prior heat treatment sufficient to destroy pathogenic microorganisms;
2. The ingredient has 0.85% water activity (aw of 0.85) or less when the water activity is calculated by dividing the water vapor pressure of the ingredient by the vapor pressure of pure water when at the same temperature as the ingredient;
3. The ingredient has a high acid content (pH level of 4.6 or below when measured at 75°F (23.9°C)) or high alkalinity (pH level greater than 11 when measured at 75°F (23.9°C));
4. The ingredient's alcohol content is sufficient to ensure that pathogenic microorganisms will not be transferred to the final product;
5. The ingredient consists of safe and suitable bacterial cultures or enzymes;
6. The ingredient is dry sugar or salt; or
7. The ingredient is subjected to any process acceptable to the State Regulatory Agency that will ensure that the ingredient is free of pathogenic microorganisms.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 12.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-560. Cooling.
After heat treatment or pasteurization, processed fluid milk products, including mix except for sterilized mix in hermetically sealed containers, shall be cooled promptly to 45°F (7.2°C) or lower and maintained at that temperature until used, provided that storage or holding tanks used to store milk, milk products, frozen desserts, or frozen desserts mix shall be cleaned and sanitized when empty and shall be emptied at least every 72 hours. Fluid milk products may be held at higher temperatures for a short time immediately prior to freezing when applicable to particular manufacturing or processing practices.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 12.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-570. Storage.
A. Utensils and portable equipment used in processing operations shall be stored above the floor in clean, dry locations, and in self-draining positions on racks constructed of impervious, corrosion-resistant material.
B. Dripped or spilled products or ingredients shall not be sold for human consumption.
C. Dairy products, mix, or frozen dessert ingredients in dry storage shall be arranged in aisles, rows, sections, or lots, or in such other manner as to be orderly and easily accessible for inspection and to permit adequate cleaning of the room. Dunnage or pallets shall be used when appropriate. Dairy products, mix, or frozen dessert ingredients shall not be stored with any product that would damage or impair the quality of the product. Open containers shall be carefully protected from contamination.
D. All products requiring refrigeration, except where otherwise specified, shall be stored under optimum temperatures and humidity to maintain quality and condition. Products shall not be placed directly on wet floors, exposed to foreign odors, or subjected to conditions, such as dripping or condensation, that might cause package or product damage.
E. Items in storage rooms shall be kept clean and protected and be arranged to permit inspection of supplies and cleaning and spraying of the room. Insecticides and rodenticides shall be properly labeled, segregated, and stored in a separate room or cabinet away from milk or dairy products or packaging supplies. Caps, parchment papers, wrappers, liners, gaskets, and single service sticks, spoons, covers, and containers for frozen desserts, mix or their ingredients shall (i) be purchased and stored only in sanitary tubes, wrappings, or cartons; (ii) be kept in a clean, dry place until used; and (iii) be handled in a sanitary manner.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 12.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-580. Packaging and labeling.
Frozen desserts and mix shall be packaged in commercially acceptable containers made of packaging material that will protect the quality of the contents in regular channels of trade. Metal containers shall be free from rust, cracks, or unsanitary conditions. Prior to use, closures, covers, wrappers, and containers shall be protected against dust, mold, and other possible contamination. The packaging, cutting, molding, dispensing, and other handling or preparation of mix or frozen desserts and their ingredients shall be done in a sanitary manner.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 12.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.
2VAC5-510-590. Returns.
Mix or frozen desserts in broken, opened or partially full containers may be returned to the plant for inspection after delivery, but shall not be sold or used for making mix or frozen desserts.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 12.5, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.
2VAC5-510-600. Lubricants.
Lubricants approved for use on milk product contact surfaces that are applied to filling machine pistons, cylinders, pumps, and valves shall be approved for food-grade use and applied in a sanitary manner.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 12.6, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.