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.
