SECTIONS 34001-34008

34001.  Pasteurization of milk or a milk product is a process whichconsists of one of the following: (a) Uniformly heating milk or a milk product to a temperature ofnot less than 145 degrees Fahrenheit and of holding it at suchtemperature for at least 30 minutes, except a milk product which hasa higher fat content than milk, or contains added sweeteners, orboth, shall be heated to at least 150 degrees Fahrenheit and held ator above this temperature for at least 30 consecutive minutes. (b) Uniformly heating milk or a milk product to a temperature ofat least 161 degrees Fahrenheit and holding it at such temperaturefor at least 15 seconds, except a milk product which has a higher fatcontent than milk, or contains added sweeteners, or both, shall beheated to at least 166 degrees Fahrenheit and held at or above thistemperature for at least 15 consecutive seconds. Each such type of heating shall be conducted in approved andproperly operated equipment. The milk or milk product shall beimmediately cooled to a temperature of not above 50 degreesFahrenheit after the completion of either of such heatings. Nothing contained in this chapter shall be construed asprohibiting any other process which has been demonstrated to beequally efficient and is approved by the director.34001.5.  When the term "ultra-pasteurized" is used to describe anymilk or milk product, it means that such milk or milk product hasbeen thermally processed, either before or after packaging, inaccordance with the ultra-pasteurization requirements of regulationsestablished under the Federal Food, Drug and Cosmetic Act, so as toproduce a product which has an extended shelf life under refrigeratedconditions. The installation and use of any ultra-pasteurization equipmentshall be subject to the approval of the director.34002.  If the process of ripening or starting is to be commencedimmediately, each of the following shall be cooled to a degree nolower than necessary for such ripening or starting: (a) Cream which is pasteurized for use and which is used in themanufacture of butter. (b) Milk which is pasteurized for use and which is used in themanufacture of cheese.34003.  In the process of producing cream from market milk which isto be used as market cream or for the standardization of market milk,such cream may be heated to a temperature of not to exceed 165degrees Fahrenheit and immediately cooled to a temperature of 50degrees Fahrenheit or less. Such heat treatment shall not prevent thesubsequent pasteurization of such cream.34004.  Pasteurized skim milk, which is derived from market milk andwhich is used for standardizing pasteurized market milk, may berepasteurized once.34005.  Market cream which has not been packaged for distribution toconsumers may be repasteurized once.34006.  Every person that operates any place where milk is receivedand byproducts are distributed shall pasteurize any skim milk, whey,or other milk byproduct which is to be used for feeding purposes forfarm animals before delivering it. Such pasteurization may beaccomplished by heating the byproduct to a temperature of 145 degreesFahrenheit and holding it at that temperature for not less than 30minutes, or by heating it to 185 degrees Fahrenheit without holding.34007.  (a) Every person that uses any pasteurizing apparatus forthe manufacture of soft fresh cheese varieties that are not culturedshall sample and test the pasteurized milk daily from eachpasteurizer to determine the presence of phosphatase enzymes in amanner approved by the director. Records of the tests shall be madeand kept on file for not less than one year after they are made. Therecords shall at all times be open to the inspection of the directorand to all state, county, and municipal officers who are required toenforce laws and ordinances regarding milk products or the publichealth. (b) In the event of a positive finding pursuant to this section,the milk products plant operator shall immediately notify thedepartment of the findings.34008.  (a) All market milk and market milk products, and all milkfor manufacturing purposes and manufactured milk products, shall bepasteurized at the plant where processed and packaged unlessotherwise provided in this division. (b) This section does not apply to any of the following: (1) Licensed milk products plants that are used exclusively forthe preparation of ice cream or ice milk that is manufactured on thepremises from ice cream mix, ice milk mix, or premix that is suppliedby a licensed milk products plant. (2) Products sold through soft-serve establishments, includingfrozen yogurts and frozen dairy desserts. (c) The director may, by regulation, provide for additionalexemptions from this section. (d) Upon a person demonstrating that immediate compliance withthis section would cause undue economic hardship, the director maygrant to that person an extension until July 1, 1988, to comply withthis section.