CHAPTER 12:11:01
FROZEN DAIRY DESSERTS
Section
12:11:01:01 Definitions.
12:11:01:01.01 Frozen dairy dessert mix defined.
12:11:01:01.02 Ice cream mix defined.
12:11:01:01.03 Ice milk mix defined.
12:11:01:01.04 Ice milk shake mix defined.
12:11:01:01.05 Frozen milk shake defined.
12:11:01:01.06 Frozen yogurt defined.
12:11:01:02 Standards of identity and label statements for frozen dairy desserts.
12:11:01:03 Quality standards for pasteurized dairy ingredients, mix, or frozen dairy desserts.
12:11:01:04 Procedures for testing compliance of product with standards of identity and quality.
12:11:01:05 Frozen dairy dessert sampling.
12:11:01:01. Definitions. Terms defined in SDCL 39-8-1 have the same meaning when used in this article. For the purposes of this article:
(1) "Cleaned in place" means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation;
(2) "Dairy plant" means a place, premise, or establishment where milk or dairy products are received or handled for the processing or manufacturing of mix and frozen dairy desserts;
(3) "Frozen dairy dessert" means any frozen or partially frozen combination of two or more of the following: milk or milk products, eggs or egg products, sugar, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products such as flavors, color, and stabilizer, and includes ice cream, ice milk, frozen custard, milk sherbets, frozen milk shakes, soft-serve ice cream or ice milk, frozen yogurts, and lowfat or nonfat frozen desserts;
(4) "Dry powder mix" means the dry, unfrozen combination of two or more of the following ingredients or their derivatives, which have been pasteurized according to subdivision (7) of SDCL 39-8-1 and which, when reconstituted, meet the standard of the product declared on the label: milk or milk products, eggs or egg products, sugars, fruit or fruit juices, candy, nut meats, other harmless and wholesome food products, flavors, color, and harmless stabilizer; and
(5) "Secretary" means the secretary of agriculture and natural resources.
Source: SL 1975, ch 16, § 1; 3 SDR 71, effective April 17, 1977; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 202, effective July 5, 1987; 32 SDR 203, effective June 6, 2006; 35 SDR 183, effective February 2, 2009; 46 SDR 46, effective October 8, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10.
12:11:01:01.01. Frozen dairy dessert mix defined. Frozen
dairy dessert mix is the unfrozen liquid product which is used in the
manufacture of frozen dairy desserts, including ice cream mix, low fat ice
cream mix, ice milk mix, ice milk shake mix, sherbet mix, custard mix, or any
other mix that contains the ingredients for a frozen dairy dessert.
Source:
13 SDR 202, effective July 5, 1987; 32 SDR 203, effective June 6, 2006.
General
Authority: SDCL 39-8-10.
Law
Implemented: SDCL 39-8-10.
12:11:01:01.02. Ice cream mix defined. Ice cream mix is the unfrozen liquid product used in the manufacture of ice cream. Ice cream mix must contain a minimum of 10 percent milk fat and a minimum of 35.6 percent total food solids. Ice cream mix must contain not less than 3.2 pounds of total solids to the gallon and weigh not less than 9 pounds to the gallon.
Source: 13 SDR 202, effective July 5, 1987.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10.
12:11:01:01.03. Ice milk mix/low fat ice cream mix defined. Ice
milk mix/low fat ice cream mix is the unfrozen liquid product used in the
manufacture of soft-serve ice milk and frozen milk shakes. Ice milk mix/low fat
ice cream mix must contain a minimum of 2 percent milk fat but not more than 7
percent milk fat and a minimum of 28.9 percent total food solids. Ice milk
mix/low fat ice cream mix must contain not less than 2.6 pounds of total solids
to the gallon and weigh not less than 9 pounds to the gallon.
Source:
13 SDR 202, effective July 5, 1987; 32 SDR 203, effective June 6, 2006.
General
Authority: SDCL 39-8-10.
Law
Implemented: SDCL 39-8-10.
12:11:01:01.04. Ice milk shake mix defined. Ice milk shake
mix is the unfrozen liquid product used in the manufacture of frozen milk
shakes. Ice milk shake mix must contain a minimum of 2 percent milk fat but not
more than 7 percent milk fat and a minimum of 23 percent total food solids. Ice
milk shake mix must contain not less than 2.07 pounds of total solids to the
gallon and weigh not less than 9 pounds to the gallon.
Source:
13 SDR 202, effective July 5, 1987.
General
Authority: SDCL 39-8-10.
Law
Implemented: SDCL 39-8-10.
12:11:01:01.05. Frozen milk shake defined. Frozen milk shake is the semifrozen dessert produced from ice milk mix or ice milk shake mix. Frozen milk shake must contain a minimum of 2 percent milk fat but not more than 7 percent milk fat and a minimum of 23 percent total solids.
Source: 13 SDR 202, effective July 5, 1987.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10.
12:11:01:01.06. Frozen yogurt defined. Frozen yogurt, lowfat frozen yogurt, and nonfat frozen yogurt are frozen dairy products made from milk, with or without added solids, flavoring fruits, or seasoning, which has been pasteurized and afterwards fermented by one or more strains of lactobacillus bulgaricus, including yogurt strains, streptococcus thermophilus, and lactobacillus acidophilus.
Source: 13 SDR 202, effective July 5, 1987.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10.
12:11:01:02. Standards of identity and label statements for
frozen dairy desserts. Frozen dairy desserts must comply with the following
standards of identity and label statements:
(1) Ice cream, frozen
custard, low fat ice cream, ice milk, fruit sherbets, mellorine, water ices,
nonfruit sherbets, and nonfruit water ices shall meet the standards of identity
and label statements prescribed in 21 C.F.R. 135.110 to 21 C.F.R. 135.160,
inclusive (April 1, 1994);
(2) Lowfat frozen dairy
dessert must meet the following standards:
(a) Contain not less than 0.5 percent and not more than 1.9 percent
milk fat by weight;
(b) Contain not less than 12 percent total milk solids by weight;
(c) Contain not less than 1.3 pounds of food solids per gallon;
(d) Weigh less than 4.5 pounds per gallon;
(e) Bear on the container the name "Lowfat Frozen Dairy
Dessert"; and
(f) Comply with labeling requirements set forth in 21 C.F.R. 101.1 to 21 C.F.R. 101.108, inclusive (April 1, 1994);
(3) Nonfat frozen dairy dessert
must meet the following standards:
(a) Meet all the requirements of lowfat frozen dairy dessert except
that milk fat content must be less than 0.5 percent milk fat by weight;
(b) Bear on the container the name "Nonfat Frozen Dairy
Dessert";
(c) Bear on the container the statement, "less than 0.5 percent
milk fat"; and
(d) Comply with labeling requirements set forth in 21 C.F.R. 101.1 to 21 C.F.R. 101.108, inclusive (April 1, 1994);
(4) Frozen yogurt, lowfat
frozen yogurt, and nonfat frozen yogurt must meet the following standards:
(a) Frozen yogurt must contain not less than 3.25 percent milk fat;
(b) Lowfat frozen yogurt must contain not more than 2 percent milk
fat;
(c) Nonfat frozen yogurt must contain a maximum of 0.25 percent milk
fat;
(d) Frozen fruit yogurt must contain not less than 8 percent by weight
of clean, mature, sound fruit or its equivalent in other forms, such as puree.
The milk fat content of frozen fruit yogurt may be reduced to not less than 2.8
percent milk fat, and the milk fat content of lowfat frozen fruit yogurt may be
reduced to not less than 1.3 percent milk fat;
(e) If offered for sale, frozen yogurt, lowfat frozen yogurt, and
nonfat frozen yogurt must be labeled with the factory number or factory name on
the container and on the carton;
(f) If fruit is added to any of the frozen yogurt products, the name
of the fruit must precede the name of the product on the label; and
(g) Frozen yogurt products must comply with the labeling requirements
set forth in 21 C.F.R. 101.1 to 21 C.F.R. 101.108, inclusive
(April 1, 1994).
Source:
SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13
SDR 202, effective July 5, 1987; 32 SDR 203, effective June 6, 2006.
General
Authority: SDCL 39-8-10.
Law
Implemented: SDCL 39-8-10.
12:11:01:03. Quality standards for pasteurized dairy ingredients, mix, or frozen dairy desserts. At no time after pasteurization may frozen dairy desserts, frozen dairy dessert mix, or any product manufactured from them contain more than 50,000 bacteria per gram or more than 10 coliform organisms per gram for plain or more than 20 coliform organisms per gram in chocolate, fruit, nut or other flavors, in accordance with the microbiological requirements set forth in the General Specification for Dairy Plants Approved for USDA Inspection and Grading Service. If two of the last four consecutive samples have exceeded the bacterial or coliform standard, the secretary shall send a written notice to the person concerned. The notice must remain in effect as long as two of the last four samples exceed the limit of the standard. An additional sample must then be taken to determine compliance, but not before the lapse of three days. Immediate suspension of a permit must be instituted if three of the last five consecutive samples exceed the bacteria or coliform standard.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 35 SDR 183, effective February 2, 2009; 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10.
12:11:01:04. Procedures for testing compliance of product with standards of identity and quality. The procedures used in testing and examining frozen dairy desserts and frozen dairy dessert mix for compliance with SDCL chapter 39-8 are those prescribed in Standard Methods for the Examination of Dairy Products and Official Methods of Analysis.
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10, 39-8-11.
12:11:01:05. Frozen dairy dessert sampling. Samples of
frozen dairy desserts from retail stores, food service establishment, grocery
stores, and other places where frozen dairy desserts are sold shall be examined
as determined by the secretary. The results of such examinations shall be used
to determine compliance with this chapter. Proprietors of such establishments
shall furnish the secretary, upon request, with the names of all distributors
from whom frozen dairy desserts are obtained.
Source:
35 SDR 183, effective February 2, 2009.
General
Authority: SDCL 39-8-10.
Law
Implemented: SDCL 39-8-10.
CHAPTER 12:11:02
REQUIREMENTS FOR PLANTS
Section
12:11:02:01 Premises.
12:11:02:02 Building construction and maintenance.
12:11:02:03 Protection of building openings.
12:11:02:04 Processing rooms separated from other rooms.
12:11:02:05 Department to approve plans for new or remodeling of plant.
12:11:02:06 Interior finishing.
12:11:02:07 Ventilation and lighting.
12:11:02:08 Water supply.
12:11:02:09 Steam.
12:11:02:10 Disposal of wastes.
12:11:02:11 Construction of equipment and utensils.
12:11:02:12 Installation of equipment.
12:11:02:13 Pasteurization equipment.
12:11:02:14 Thermometer accuracy.
12:11:02:15 Cleaning and sanitizing.
12:11:02:16 Cleaning equipment not designed for in-place cleaning.
12:11:02:17 Cleaned-in-place method of cleaning equipment.
12:11:02:18 Storage of utensils and portable equipment.
12:11:02:19 Storage of nonrefrigerated products.
12:11:02:20 Storage of supplies.
12:11:02:21 Pasteurization and recorder charts to be on file.
12:11:02:22 Vehicles used in transporting of frozen dairy desserts.
12:11:02:23 Personnel cleanliness.
12:11:02:24 Health of personnel.
12:11:02:01. Premises. The plant area and surrounding shall be kept clean, orderly, and free from refuse and rubbish, smoke, dust and air pollution, and strong or foul odors. A drainage system shall be provided for rapid drainage of all water from plant buildings including surface water around the plant and on the premises.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:02. Building construction and maintenance. Buildings shall be of sound construction. The exterior and interior shall be kept clean and in good repair to protect against dust, dirt, and mold and to prevent the entrance or harboring of insects, rodents, vermin, and other animals.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:03. Protection of building openings. Outside doors, windows, skylights, and transoms shall be screened or otherwise covered. Outside doors shall open outward and be self-closing and those leading to processing rooms shall be sound and tight-fitting. Window sills on new construction shall be sloping. Outside conveyor openings and other special outside openings shall be protected by doors, screens, flaps, fans, or tunnels. Outside openings for sanitary pipelines shall be completely cemented around the pipe opening or have tight metal collars.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:04. Processing rooms separated from other rooms. All rooms, compartments, coolers, freezers, and dry storage space in which any raw material, packaging, ingredient supplies, or finished products are handled, processed, manufactured, packaged, or stored shall be separated from the processing by a partition or suitable arrangement of equipment or facilities so as to avoid contamination of milk or dairy products. Boiler and tool rooms shall be separated from other rooms. Toilet and dressing rooms shall be conveniently located and shall not open directly into any room in which milk, dairy products, or ingredients are handled, processed, packaged, or stored. Doors of all toilet rooms shall be self-closing and fixtures shall be kept clean and in good repair.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:05. Department to approve plans for new or remodeling of plant. Plans for new plant construction or major remodeling of existing plants shall be submitted to the department for approval prior to new construction or remodeling.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:06. Interior finishing. The interior finishing including the walls, ceilings, partitions, and posts of all rooms in which milk or dairy products are received, handled, or processed and where mix and frozen dairy desserts are manufactured, packaged, or stored, except dry storage of packaging materials, or in which equipment or utensils are washed, shall be smoothly finished with a washable material of light color that is substantially impervious to moisture. The floors in these rooms shall be concrete or other impervious material and shall be smooth, properly graded to drain, and have drains trapped. Rooms used for storing frozen dairy desserts, frozen fruits, eggs, and comparable ingredients need not be provided with floor drains, but the floors shall be kept clean. The plumbing shall be installed so as to prevent backup of sewage into the plant. On new construction or extensive remodeling, the floors shall be joined and coved with the walls to form watertight joints. Sound, smooth, wood floors may be used in packaging rooms where the nature of the product permits. Toilet and dressing rooms shall have impervious floors and smooth walls.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:07. Ventilation and lighting. All rooms and compartments, including storage space, toilet, and dressing rooms, shall be ventilated to maintain sanitary conditions, prevent undue condensation of water vapor, and minimize or eliminate objectionable odors. Lighting, whether natural or artificial, shall be of good quality and well distributed in all rooms and compartments. All rooms where milk, dairy products mix and frozen dairy desserts are handled, processed, manufactured, or packaged or where equipment or utensils are washed shall have at least 30 footcandles of light intensity on all working surfaces. Areas where dairy products are examined for condition and quality shall have at least 50 footcandles of light intensity. All other rooms shall have at least 5 footcandles of light intensity measured 30 inches above the floor. Light bulbs shall be protected against breakage.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:08. Water supply. Both hot and cold water of safe and sanitary quality shall be available in sufficient quantity for all plant operations and facilities. Water from other lines, when officially approved, may be used for boiler feed water and condenser water if the water lines are completely separated from the water lines carrying the sanitary water supply and the equipment is constructed and controlled so as to preclude contamination of any product or product contact surface. There shall be no cross connections between safe and unsafe water lines or between private and public supply.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-3.
Law Implemented: SDCL 39-8-3.
12:11:02:09. Steam. Steam shall be supplied in sufficient
volume and pressure for satisfactory operation of each applicable piece of
equipment. Steam that may come into direct contact with milk or dairy products
shall be culinary steam conducted through a steam strainer and purifier
equipped with a steam trap and shall be free from any compounds that may
contribute flavors or endanger health. Only compounds complying with 21 C.F.R. 173.310,
as amended to March 1, 2006, may be used to prevent corrosion and scale in
boilers, or to facilitate sludge removal.
Source:
SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32
SDR 203, effective June 6, 2006.
General
Authority: SDCL 39-8-3.
Law
Implemented: SDCL 39-8-3.
12:11:02:10. Disposal of wastes. The plant sewage system shall have sufficient slope and capacity to remove readily all waste from processing operations. Where a public sewer is not available, wastes shall be disposed of by an approved method. Containers for the collection and holding of wastes shall be constructed of metal or other equally impervious material, kept covered with tight-fitting lids and placed outside the plant on a concrete slab or on a rack at least 12 inches above the ground. Solid wastes shall be disposed of regularly and the containers cleaned before reuse. Dry waste paper shall be bagged and hauled away.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
Cross-Reference: Private sewage disposal systems, ch 74:53:01.
12:11:02:11. Construction of equipment and utensils. Equipment and utensils coming in contact with milk, dairy products, mix, or frozen dairy desserts, including sanitary pumps, piping, fittings, and connections, must be constructed of stainless steel or equally corrosion resistant material, except that if the use of stainless steel is not practicable, or in old equipment, other tinned metals may be approved. Nonmetallic parts with product contact surfaces must be of material that meets the 3-A Sanitary Standards and Accepted Practices for multiple use rubber and rubber-like materials. Bulk storage and distribution equipment for handling liquid sweetening agents must consist of metals, alloys, or other materials that will withstand corrosive action by the ingredients, and such equipment and ingredients shall be protected from contamination.
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:12. Installation of equipment. All equipment and piping must be designed and installed so as to be easily accessible for cleaning and must be kept in good repair and free from cracks and corroded surfaces. Milk pumps shall be of a sanitary type and easily dismantled for cleaning. New or rearranged equipment must be set out approximately 24 inches from any wall or spaced at least 24 inches between pieces of equipment that measure more than 48 inches on the parallel sides. This requirement does not apply between tanks if the face of the tanks extend through a wall into a processing room. All parts or interior surfaces of equipment, pipes, except certain piping cleaned in place, or fittings, including valves and connections, must be accessible for inspection. Cleaned-in-place sanitary piping and welded sanitary pipeline systems, if used, are acceptable if engineered and installed according to the 3-A Sanitary Standards and Accepted Practices for permanently installed sanitary product pipelines and cleaning systems.
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:13. Pasteurization equipment. High temperature short time pasteurizers must be equipped with an automatic flow diversion valve, timing pump or device, temperature recorder and holding tube or its equivalent, to assure complete pasteurization. Equipment and operation must meet the requirements of and be installed in accordance with the 3-A Sanitary Standards and Accepted Practices for the sanitary construction, installation, testing, and operation of high-temperature short-time pasteurizers.
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:14. Thermometer accuracy. Long-stem indicating thermometers that are accurate within 0.5 degrees Fahrenheit plus or minus for the applicable temperature range shall be provided for determining temperatures of pasteurization of products in vats and for verifying the accuracy of recording thermometers. Short-stem indicating thermometers that are accurate within 0.5 degrees Fahrenheit plus or minus for the applicable temperature range shall be installed in the proper stationary position in all high-temperature short-time and dome-type pasteurizers and all storage tanks where temperature readings are required. Recording thermometers that are accurate within one degree Fahrenheit plus or minus shall be used on each pasteurizer to record pasteurization temperature.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:15. Cleaning and sanitizing. Equipment, sanitary pipings, and utensils used in the receiving, storing, processing, manufacturing, packaging, and handling of milk, dairy products, mix, or frozen dairy desserts and all product contact surfaces of homogenizers, high pressure pumps, and high pressure lines shall be kept clean and sanitary. Stacks, elevators, conveyors, and the packing glands on all agitators, pumps, and vats shall be inspected at regular intervals and kept clean. Equipment coming in contact with milk, dairy products, mix, or frozen dairy dessert shall have bactericidal or sanitizing treatment immediately before use.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:16. Cleaning equipment not designed for in-place cleaning. Equipment not designed for cleaned-in-place cleaning shall be disassembled daily and thoroughly cleaned. Dairy cleansers, wetting agents, detergents, sanitizing agents, or other similar material may be used that will not contaminate or adversely affect dairy products. Steel wool or metal sponges shall not be used in the cleaning of any dairy equipment or utensils.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:17. Cleaned-in-place method of cleaning equipment. Cleaned-in-place cleaning may be used only on equipment and pipeline systems that are designed and engineered for that purpose. Installation and cleaning procedures must be in accordance with the 3-A Sanitary Standards and Accepted Practices for permanently installed sanitary product pipelines and cleaning systems. An outline of the cleaning procedures to be followed must be posted near the cleaned-in-place equipment.
Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:18. Storage of utensils and portable equipment. 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.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:19. Storage of nonrefrigerated products. Dairy products, or frozen dairy dessert ingredients in dry storage shall be arranged in aisles, rows, sections, or lots or in such a 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 applicable. Dairy products, mix, or frozen dairy dessert ingredients shall not be stored with any product that would damage them or impair their quality. Open containers shall be carefully protected from contamination.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:20. Storage of supplies. Items in supply rooms shall be kept clean and protected and shall be arranged so as 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, single-service sticks, spoons, covers, and containers for frozen dairy desserts, mix, or their ingredients, shall be purchased and stored only in sanitary tubes, wrappings, or cartons and shall be kept in them in a clean, dry place until used. They shall be handled in a sanitary manner.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:21. Pasteurization and recorder charts to be on
file. Recorder charts showing the pasteurization record for each day shall
be marked with the name of the product, date, and signature of the operator.
The charts shall be kept on file at the plant for at least 6 months.
Source:
SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986l; 32
SDR 203, effective June 6, 2006.
General
Authority: SDCL 39-8-4.
Law
Implemented: SDCL 39-8-4.
12:11:02:22. Vehicles used in transporting of frozen dairy desserts. All vehicles used for the transportation of mix, frozen dairy desserts, cream, milk. and dairy products shall be constructed and operated so as to protect their contents from the sun and contamination. Temperatures of vehicles used in the transporting of such products shall have cooling facilities to maintain temperatures of liquid products at 45 degrees Fahrenheit or less and frozen products at zero degrees Fahrenheit or less. Such vehicles shall be kept clean and no substance capable of contaminating mix, frozen dairy desserts, cream, milk, and dairy products shall be transported in them.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:23. Personnel cleanliness. Plant employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. They shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form is prohibited in rooms and compartments where milk, dairy products, mix, or frozen dairy desserts are unpacked or exposed. Clean white or light colored washable outer garments and caps shall be worn by all persons engaged in handling milk, dairy products, mix, or frozen dairy desserts. Paper caps or hairnets are acceptable. In addition, employees engaged in manual molding, wrapping, and touching any product's contact surface shall treat their clean hands with a bactericide of approved strength before beginning such work and after each interruption.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:02:24. Health of personnel. No person affected with a disease in a communicable form or while a carrier of such a disease may work in a dairy plant in a capacity which brings him into contact with the production, handling, storage, or transportation of frozen dairy desserts or frozen dairy dessert mix, containers, equipment, and utensils. No person or firm may employ in such a capacity a person who has or is suspected of having a communicable disease or who is or is suspected of being a carrier of such a disease. When a reasonable cause exists to suspect the possibility of transmission of infection from a person concerned with the handling of frozen dairy desserts or frozen mix, the secretary shall require any or all of the following measures:
(1) The immediate exclusion of that person from the premises;
(2) The immediate exclusion of the frozen dairy desserts or frozen dairy dessert mix from distribution and use; and
(3) The medical and bacteriological examination of the person, of his associates, and of his and their body discharges as considered appropriate.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
CHAPTER 12:11:03
PASTEURIZATION AND PACKAGING
Section
12:11:03:01 Pasteurization of frozen dairy dessert mix.
12:11:03:02 Cooling.
12:11:03:03 Container and packaging materials.
12:11:03:04 Labeling.
12:11:03:05 Contents of broken or opened containers not reusable.
12:11:03:01. Pasteurization of frozen dairy dessert mix.
After formulation of an entire mix, except for flavoring ingredients, the mix shall be
pasteurized. This pasteurization requirement does not apply to dry powder mix as
defined by subdivision 12:11:01:01(8), which requires only the addition of
approved drinking water. Pasteurized mix or frozen dairy desserts may not come
in contact with equipment or containers with which unpasteurized mix, frozen
dairy desserts, milk, or milk products have been in contact unless such
equipment has first been washed and subjected to a bactericidal treatment.
Source:
SL 1975, ch 16, § 1; 3 SDR 71, effective April 17, 1977; 12 SDR 128, 12
SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006.
General
Authority: SDCL 39-8-4.
Law
Implemented: SDCL 39-8-4.
12:11:03:02. Cooling. Processed fluid milk products including mix, except sterilized mix in hermetically sealed containers, shall be cooled immediately after pasteurization to 45 degrees Fahrenheit or lower and maintained at that temperature until used.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:03:03. Container and packaging materials. Frozen dairy desserts and mix shall be packaged in containers and packaging material that will protect the quality of the contents in regular channels of trade. 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 mixes or frozen dairy desserts and their ingredients shall be done in a sanitary manner.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
12:11:03:04. Labeling. Frozen dairy desserts regulated
under SDCL 39-8 shall be labeled and packaged in accordance with 21 C.F.R. 1.1 to 21 C.F.R. 1.24, inclusive (April 1, 1994).
Source:
SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,
effective July 1, 1986; 13 SDR 202, effective July 5, 1987; 32 SDR 203,
effective June 6, 2006.
General
Authority: SDCL 39-8-10.
Law
Implemented: SDCL 39-8-5, 39-8-8, 39-8-10.
12:11:03:05. Contents of broken or opened containers not reusable. Disposition of returned frozen dairy dessert containers and contents to plant is as follows:
(1) Mix or frozen dairy desserts in broken, opened or partially full containers may, after delivery, be returned to the plant for inspection but shall not be sold or used for making mix or frozen dairy desserts;
(2) Multiuse containers having been used in the transporting of frozen dairy dessert mix shall be washed by the purchaser of the mix before their return to the distributor or manufacturer;
(3) Single service paperboard containers used to enclose plastic bags in the transporting of frozen dairy dessert mix shall not be returned for further use.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 39-8-4.
Law Implemented: SDCL 39-8-4.
CHAPTER 12:11:04
ADOPTION OF DOCUMENTS AND MINIMUM REQUIREMENTS
Section
12:11:04:01 Minimum requirements.
12:11:04:02 Official tests.
12:11:04:01. Minimum requirements. The production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all frozen dairy desserts must be regulated in accordance with the provisions of the 3A Sanitary Standards and Accepted Practices and General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service.
Source: 46 SDR 46, effective October 8, 2019.
General Authority: SDCL 39-8-10.
Law Implemented: SDCL 39-8-10.
Reference: 3-A Sanitary Standards and Accepted Practices, June 5, 2017, entire portion formulated by the U.S. Public Health Service, U.S. Food and Drug Administration, U.S. Department of Agriculture, and European Hygienic Engineering and Design Group. Copies may be obtained from TechStreet online store https://www.techstreet.com/3a or 3025 Boardwalk Drive, Suite 220 Ann Arbor, MI, 48108.
General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service, effective June 29, 2012, entire portion. Copies may be obtained from the U.S. Department of Agriculture, Agricultural Marketing Service/Dairy Division/Dairy Grading Branch PO Box 96456, Washington, DC 20090.
12:11:04:02. Official tests. Tests performed pursuant to this title must be performed by official laboratories and must be approved by the department of agriculture andnatural resources and in accordance with Standard Methods for the Examination of Dairy Products and Official Methods of Analysis.
Source: 46 SDR 46, effective October 8, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 39-8-10, 39-8-11, 39-8-12.
Law Implemented: SDCL 39-8-10, 39-8-11, 39-8-12.
Reference: Standard Methods for the Examination of Dairy Products, 17th edition, 2004, entire portion, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors, American Public Health Association, Washington, D.C. Copies may be obtained from the American Public Health Association, 1015 15th Street, N.W., Washington, D.C. 20005-2699.
Official Methods of Analysis, 19th edition, 2012, entire portion, Association of Official Analytical Chemists, Gaithersburg, MD. Copies may be obtained from the Association of Official Analytical Chemists International, Customer Services, 481 N. Frederick Ave., Suite 500, Gaithersburg, MD 20877-2417.
