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.
