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10.15.05.00.htm 10.15.05.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 15 FOOD Chapter 05 Manufacture and Sale of Frozen Dairy Foods and Ices Manufactured for Sale in Maryland Authority: Health-General Article, §21-804, Annotated Code of Maryland
10.15.05.01.htm 10.15.05.01. 01 Incorporation by Reference.. The Grade “A” Pasteurized Milk Ordinance, 2015 Revision (U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration) Item 10p. Item 11p. Appendix H, Appendix I, and Appendix N only, is incorporated by reference.
10.15.05.01-1.htm 10.15.05.01-1. 01-1 Ice Cream and Frozen Custard.. Ice cream and frozen custard are the foods prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.110, Ice Cream and Frozen Custard.
10.15.05.02.htm 10.15.05.02. 02 Ice Milk.. A. Ice milk is the food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.120, Ice Milk.B. Ice milk shall be offered for sale, sold, or served only in properly labeled factory-filled containers, if the ice milk or any of its ingredients contain added color or any ingredients added for the purpose of imparting a characterizing flavor, ex
10.15.05.03.htm 10.15.05.03. 03 Mellorine.. A. Mellorine is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.130, Mellorine.B. Mellorine shall be sold, held, offered for sale only in factory-filled containers..
10.15.05.04.htm 10.15.05.04. 04 Sherbet.. Sherbet is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.140, Sherbet.
10.15.05.05.htm 10.15.05.05. 05 Water Ices.. Water ices are the foods each of which is prepared from the ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21, Food and Drugs, Part 135.160, Water Ices.
10.15.05.06.htm 10.15.05.06. 06 Goat Milk Ice Cream.. A. Description. Goat milk ice cream is the food prepared from the same ingredients and in the same manner, including the requirements for label statements of optional ingredients, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.110, Ice Cream and Frozen Custard, except that all milkfat and nonfat milk solids shall be derived from goat milk.B. Nomenclature. The name of the food is "goat milk ice cream".
10.15.05.07.htm 10.15.05.07. 07 Goat Milk Ice Milk.. A. Description. Goat milk ice milk is the food prepared from the same ingredients and in the same manner, including the requirements for label statements of optional ingredients, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.120, Ice Milk, except that all milkfat and nonfat milk solids shall be derived from goat milk.B. Nomenclature. The name of the food is "goat milk ice milk". C. Label Declaration. On
10.15.05.08.htm 10.15.05.08. 08 Frozen Yogurt.. A. Description. Frozen yogurt is the food prepared by freezing while stirring a pasteurized mix consisting of the same ingredients permitted for ice cream in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.110. These ingredients are cultured after pasteurization by one or more strains of Lactobacillus bulgarius and streptococcus thermophilus, provided, however, fruits, nuts or other flavoring materials may be added before or af
10.15.05.09.htm 10.15.05.09. 09 Lowfat Frozen Yogurt.. A. Description. Lowfat frozen yogurt is the food prepared from the same ingredients and in the same manner prescribed in Regulation .08 of this chapter. Lowfat frozen yogurt, exclusive of any flavorings, shall contain not less than .5 percent or more than 2.0 percent milkfat and not less than 8.25 percent milk solids not fat and has a titratable acidity of not less than .5 percent expressed as lactic acid.
10.15.05.10.htm 10.15.05.10. 10 Nonfat Frozen Yogurt.. A. Description. Nonfat frozen yogurt is the food prepared from the same ingredients and in the same manner prescribed in Regulation .08 of this chapter. Nonfat frozen yogurt, exclusive of any flavorings, shall contain less than .5 percent milkfat.B. Nomenclature. The name of the food is "nonfat frozen yogurt". C. Labeling. In addition to all other required information, the label shall comply with the applicable provisions prescribed
10.15.05.11.htm 10.15.05.11. 11 Quiescently Frozen Confection.. A. Description. Quiescently frozen confection means the frozen product made from sweetening agents, harmless natural or artificial flavoring, and water, and it may contain milk solids, harmless coloring, organic acids, and any safe and suitable functional ingredient approved by the Secretary. The finished product shall contain not less than 17 percent by weight of total food solids. In the manufacture of this product, freezing has not been accomp
10.15.05.12.htm 10.15.05.12. 12 Quiescently Frozen Dairy Confection.. A. Description. Quiescently frozen dairy confection means the frozen product made from milk products, sweetening agents, harmless natural or artificial flavoring, and water, and it may contain harmless coloring, and any safe and suitable functional ingredient approved by the Secretary. The finished product contains not less than 33 percent by weight of total food solids. In the manufacture of this product, freezing has no
10.15.05.13.htm 10.15.05.13. 13 Frozen Dietary Dairy Dessert.. A. Description. Frozen dietary dairy dessert means a frozen dessert prepared for persons who wish to restrict their intake of ordinary sweetening ingredients. It is produced by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in Regulation .01-1 of this chapter. The minimum fat content shall be 3 percent, it shall contain no sugars other than those naturally present in the milk solids or flavoring ag
10.15.05.14.htm 10.15.05.14. 14 Dietary Frozen Dessert or Lowfat Frozen Dairy Desserts.. A. Description.. 1) Dietary frozen dessert or lowfat frozen dairy dessert is the food prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in Regulation .01-1 of this chapter. The finished product contains less than 2 percent by weight of ether extractable fat: its content of total milk solids is not less than 7 percent by weight. The product weighs no less th
10.15.05.15.htm 10.15.05.15. 15 Non-fruit Sherbet.. A. Description. Non-fruit sherbet is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.140 Sherbet, except that the food may not contain any fruit or fruit juice.B. Nomenclature. The name of the food is "Non-fruit _ Sherbet" The blank is to be filled in by the characterizing flavor used.1) The label shall contai
10.15.05.16.htm 10.15.05.16. 16 Non-fruit Water Ice.. A. Description. Non-fruit water ice is a food prepared from the same ingredients and in the same manner, including the requirements for labeling, prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.160 Water Ices, except that the food may not contain any fruit or fruit juice. The finished non-fruit water ice weighs not less than 6 pounds per gallon.B. Nomenclature. The name of the food is "Non-fruit _ Water Ice" The blank
10.15.05.17.htm 10.15.05.17. 17 Manufactured Desserts Mix.. A. Description. "Manufactured desserts mix" whipped cream confection, bisque tortoni, means a frozen dessert made with milk products, sweetening agents, flavoring agents, with or without harmless coloring or any other safe and suitable ingredients approved by the Secretary. It contains not less than 18 percent by weight of milkfat, and not more than 12 percent of milk solids not fat, and may be packaged with harmless gas causing it to fluff upon
10.15.05.18.htm 10.15.05.18. 18 Freezer-Made Shake Freezer-Made Milk Shake.. A. "Freezer-made milk shake" means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mix consisting of the ingredients prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.120 Ice Milk, except that:1) It shall contain not less than 3-1/4 percent and not more than 6 percent milkfat.. 2) Its contents of milk solids not fat shall be no
10.15.05.19.htm 10.15.05.19. 19 Parevine.. A. Description.. 1) Parevine is the food which is prepared by freezing while stirring, a pasteurized mix composed of one or more edible vegetable oils or fats, protein and carbohydrate food ingredients from other than milk or meat sources, nutritive sweeteners other than lactose, characterizing ingredients except any containing meat or milk, and any other safe and suitable ingredient which is not milk or meat or a product or derivative of milk or meat. This produ
10.15.05.19-1.htm 10.15.05.19-1. 19-1 Lowfat Parevine.. A. Description. "Lowfat parevine" means food which meets all of the requirements of Regulation .19, of this chapter, relating to parevine except its fat content shall be not more than 6.0 percent. The sign required by Regulation .19A(4) of this chapter, shall read "LOWFAT PAREVINE SOLD HERE"B. Nomenclature. The name of the food is "lowfat parevine". C. Labeling. The package label shall include, in addition to all other required information, a compl
10.15.05.20.htm 10.15.05.20. 20 Lo-Mel.. A. Description.. 1) "Lo-mel" means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mixture of edible fats or oils other than milkfat, milk solids not fat, water, optional sweetening ingredients as approved by the Secretary, with or without egg or egg products, with or without harmless flavoring, with or without harmless coloring, and with or without stabilizer or emulsifier as approved by the S
10.15.05.20-1.htm 10.15.05.20-1. 20-1 Lactose Reduced Ice Cream.. A. Description. “Lactose reduced ice cream” means the product resulting from the treatment of ice cream, as defined in Regulation .01-1 of this chapter, by the addition of a safe and suitable enzyme, or enzymes, so that the lactose remaining is 30 percent or less than lactose in ice cream.B. Nomenclature. The name of the food is "lactose reduced ice cream". C. Labeling.. 1) The package label shall include in addition to all other required inform
10.15.05.20-2.htm 10.15.05.20-2. 20-2 Lactose Reduced Ice Milk.. A. Description. "Lactose reduced ice milk" means the product resulting from the treatment of ice milk, as defined in Regulation .02, of this chapter, by the addition of a safe and suitable enzyme, or enzymes, so that the lactose remaining is 30 percent or less than lactose in ice milk.B. Nomenclature. The name of the food is "lactose reduced ice milk". C. Labeling.. 1) The package label shall include, in addition to all other required infor
10.15.05.20-3.htm 10.15.05.20-3. 20-3 Frozen Pudding.. A. Description. "Frozen pudding" means the product made from a pasteurized mix, intended to be eaten in the frozen state. The mix may be composed of milk and milk products, modified or unmodified food starch, sweetening agents, harmless natural or artificial flavoring, or both, harmless natural or artificial color, or both, or any other safe or suitable functional ingredient. The finished product shall contain less than 25 percent total food soli
10.15.05.21.htm 10.15.05.21. 21 Definitions.. A. In Regulations .21―34 of this chapter the following terms have the meanings indicated.. B. Terms Defined.. 1) "Adulterated" Frozen desserts or frozen desserts mix shall be deemed to be adulterated if:. a) It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;b) It bears or contains any added poisonous or deleterious substances for which a safe tolerance has not been established by
10.15.05.22.htm 10.15.05.22. 22 Quality of Milk Products Used in Frozen Desserts.. All milk products used in frozen desserts shall be derived from Grade “A” milk or milk products as defined in COMAR 10.15.06.02 or manufactured grade milk or milk products as defined in COMAR 10.15.09.02.
10.15.05.23.htm 10.15.05.23. 23 Adulterated or Misbranded Milk Products, Frozen Desserts or Frozen Desserts Mix.. A. A person may not manufacture, freeze, sell, offer or expose for sale, or have in his possession with the intent to sell any milk product, frozen dessert ingredients, frozen dessert mix which is adulterated or misbranded or which does not conform to the product definition or of any regulation made and promulgated under these regulations.B. Any adulterated or misbranded milk product, fro
10.15.05.24.htm 10.15.05.24. 24 Labeling.. A. All labeling shall comply with the regulations promulgated under the Fair Packaging and Labeling Act and the Federal Food, Drug and Cosmetic Act, as contained in the Code of Federal Regulations, Title 21 Food and Drugs, and in addition shall contain:1) The name of the product, and shall conform with product standards of identity as provided in Regulations .01-1―20 of this chapter.2) A statement of net contents or net volume.. 3) One of the following:.
10.15.05.25.htm 10.15.05.25. 25 Quality Standards and Examination of Frozen Desserts Ingredients, Frozen Desserts, and Frozen Desserts Mix.A. All milk and milk products used as ingredients in frozen desserts and frozen desserts mix shall be produced, processed, and pasteurized to conform with the following chemical, bacteriological, and temperature standards:1) Milk and Milk Products as Ingredients. Temperature. Cooled at 45°F or less and maintained at that temperature until processed.. Bacterial Limit.
10.15.05.26.htm 10.15.05.26. 26 Frozen Desserts Plants ― Construction Requirements.. A. Floors ― Construction.. 1) The floors of all rooms shall be kept in good repair subject to the following provisions:. a) Rooms used for storing milk products or frozen desserts ingredients need not be provided with floor drains when the floors are sloped to drain to one or more exits;b) Rooms used for the hardening and storage of frozen desserts are not required to have floor drains or sloped floors;c) Storage rooms for stor
10.15.05.26-1.htm 10.15.05.26-1. 26-1 Frozen Desserts Plants ― Water and Sanitation Requirements.. A. Toilet-Sewage Disposal Facilities.. 1) A frozen desserts plant shall provide toilet facilities.. 2) Toilet rooms may not open directly into any room in which milk products, frozen dessert ingredients, or frozen desserts are processed or packaged.3) Toilet rooms shall:. a) Be completely enclosed; and. b) Have tight-fitting, self-closing doors.. 4) Dressing rooms, toilet rooms, and fixtures shal
10.15.05.26-2.htm 10.15.05.26-2. 26-2 Frozen Desserts Plants ― Operation and Transportation Requirements.. A. Packaging, Overflow, and Spillage.. 1) Packaging.. a) The filling of frozen desserts containers shall be done only by approved mechanical equipment or by methods which preclude contamination.b) Frozen desserts shall be packaged in containers which protect the contents from contamination.. c) Frozen desserts or frozen desserts mix:. i) May be transported in sealed containers in a sa
10.15.05.27.htm 10.15.05.27. 27 Inspection of Frozen Dessert Plants.. A. Upon application for a frozen desserts license, every plant shall be inspected to determine compliance with these regulations. Following the issuance of a license, every plant shall be inspected at least once every 3 months.B. If violations are found, notice shall be given as provided in the Frozen Desserts Law, Health-General Article, §21-813, Annotated Code of Maryland.C. Every licensee shall permit access to all parts
10.15.05.28.htm 10.15.05.28. 28 License.. A. Before engaging in the business of manufacturing any frozen desserts mix or frozen dessert regardless of the name under which the product is sold, every person shall first obtain a license from the Maryland Department of Health, Office of Environmental Programs, Division of Milk Control.B. Only a person who complies with the requirements of this regulation is entitled to receive and retain a license.C. Suspension―Revocation of License. A license may
10.15.05.29.htm 10.15.05.29. 29 Sampling, Enforcement, and Reinstatement of License.. A. Frequency of Sampling. Pursuant to Health-General Article, §21-804, Annotated Code of Maryland, during any consecutive 6-month period at least two samples of frozen desserts mix and frozen desserts shall be taken from each wholesale frozen dessert manufacturer. Samples of milk and milk products used as ingredients in frozen desserts shall be taken periodically.B. Enforcement.. 1) In accordance with Hea
10.15.05.30.htm 10.15.05.30. 30 Frozen Desserts and Frozen Desserts Mix Which May Be Sold.. Only frozen desserts and frozen desserts mix manufactured by a licensed wholesale frozen desserts manufacturer or retail frozen desserts manufacturer shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments.
10.15.05.31.htm 10.15.05.31. 31 Future Frozen Desserts Plants: Submission of Plans.. Properly prepared plans for all frozen desserts plants regulated under these regulations, which are hereafter constructed, reconstructed, or extensively altered, shall be submitted to the Secretary for written approval before work is begun.
10.15.05.32.htm 10.15.05.32. 32 Personnel Health.. A. A person affected with any disease in a communicable form, or who is a carrier of a communicable disease, may not work at any frozen desserts plant in any capacity which brings him in contact with the production, handling, storage, or transportation of milk, milk products, other frozen dessert ingredients, frozen desserts, or frozen desserts mix containers, equipment, and utensils.B. A plant operator may not employ in this capacity any infected person, or
10.15.05.33.htm 10.15.05.33. 33 Procedure when Infection is Suspected.. When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk, milk products, other than frozen dessert ingredients, frozen desserts, or frozen desserts mix, the Secretary is authorized to require any or all of the following measures:1) The immediate exclusion of that person from product handling;.
10.15.05.34.htm 10.15.05.34. 34 Dispensing Freezers When Used in Food Service Facilities.. When a dispensing freezer is used in a food service facility, it shall be exempt from the provisions of Regulations .22―24, .26―33, and .35 of this chapter. The operation and maintenance of this equipment shall comply with the provisions of COMAR 10.15.03.
10.15.05.35.htm 10.15.05.35. 35 Retail Frozen Desserts Manufacturers.. Retail frozen dessert manufacturers shall be exempt from the provisions of Regulations .22―24, .26―27 and .31―33 under this chapter. The sanitation requirements and operation and maintenance of equipment of retail frozen dessert manufacturers shall comply with the provisions of COMAR 10.15.03. Retail frozen dessert manufacturers shall manufacture frozen desserts from Grade “A” milk or milk products as defined in COMAR 10.
10.15.05.9999.htm 10.15.05.9999. Administrative History Effective date: November 15, 1973. Regulations .25A, .26U, and .27A amended effective August 25, 1978 (5:17 Md. R. 1330) ―. Chapter revised effective June 12, 1981 (8:12 Md. R. 1062). Regulations .02C, .14, .21B, .25G, H, I, .29A, and .30 amended effective January 12, 1987 (14:1 Md. R. 31)Regulations .10-1, .20-1, .20-2, and .20-3 adopted effective January 12, 1987 (14:1 Md. R. 31). Regulation .21B amended effective January 2, 1994 (20:26 Md. R. 2027).
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