Definitions

The following definitions shall apply in the interpretation and enforcement of 330 CMR 27.00: Adulterated. In the case of milk or milk products, means the definition in M.G.L. c. 94, § 186 which pertains to food. Aseptic Processing. The process whereby milk or a milk product has been subjected to sufficient heat processing and packaged in a hermetically sealed container in conformance with the applicable requirements of 21 CFR 113 and the provisions of 105 CMR 541.010(S) through (U) to maintain the commercial sterility of the product under normal nonrefrigerated conditions. Board of Health. The appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth of Massachusetts having the usual powers and duties of the board of health of a city or town. Bulk Milk Pickup Tanker. A vehicle, including the truck and tank and those appurtenances necessary for its use, used by a milk hauler to transport bulk raw milk for pasteurization from a dairy farm to a transfer station, receiving station or pasteurization plant. (MA REG. # 1325, Dated 11-4-16) Certificate of Registration and Certification. Approval by the Commonwealth of Massachusetts to produce and sell milk as provided by M.G.L. c. 94, § 16. Commissioner. The Commissioner of the Department of Agricultural Resources. Dairy Farm. A place or premises where more than two cows are kept and a part or all of the milk produced thereof is sold or delivered for sale to any person. Department. The Massachusetts Department of Agricultural Resources and its Divisions, agents, and employees. Director. The Director of the Division of Animal Health. Drug. Articles recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopeia of the United States, or the official National Formulary, or any supplement to any of them; and articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals, and articles (other than food) intended to affect the structure or any function of the body of humans or other animals, and; articles intended for use as a component of any articles specified in the above, but does not include devices or their components, parts or accessories. Grade "A". Milk and milk products which comply with the provisions of 330 CMR 27.00. Grade "A" Fluid Milk and Milk Products. Includes skim milk, lowfat milk, buttermilk, cultured buttermilk, acidified buttermilk, cultured skim milk, acidified milk, acidified lowfat milk, acidified skim milk, low sodium milk, lactose-reduced acidified milk, lactose-reduced skim milk, ultra pasteurized milk, asceptically processed and packaged milk, milk or lowfat milk or skim milk with added safe and suitable microbial organisms, and any other milk products made by the addition or subtraction of milk fat or addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification herein, irrespective of the way that the product is flavored, and any other dairy product designated by the Commissioner. Fluid Milk and Milk Products are not intended to include products such as butter, cottage cheese, lowfat cottage cheese, dry curd cottage cheese, hard and soft cheeses, cream, light cream, light whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, dietary products, half-and-half, infant formula, ice cream and other desserts, concentrated milk, concentrated milk products, condensed milk, dry milk and milk products, evaporated milk, evaporated skim milk, reconstituted or lowfat yogurt, nonfat yogurt, whey, condensed and dry whey, and whey products, or any other dairy product designated by the Commissioner, except when they are combined with other substances to produce any pasteurized, ultra-pasteurized, or aseptically processed milk or milk product defined herein. Any product referred to in Grade "A" Fluid Milk and Milk Products shall comply with the provisions of 330 CMR 27.00. Law. All applicable federal, state and local statutes, ordinances and regulations. Milk. The lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows or goats. Milk that is in final package form for beverage use shall contain not less than 8.25% milk solids not fat and not less than 3.25% milkfat for cow milk. Goat milk shall contain not less than 2.5% milkfat and not less than 7.5% milk solids not fat. Milk may be adjusted by separating part of the milkfat therefrom or by adding cream thereto. Milk Dealer. Any person who offers for sale or sells to another any milk or milk product. Milk Plant. Any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. Milk Producer. Any person who operates a dairy farm and provides, sells, or offers milk for sale to a milk plant, receiving station or transfer station, or as raw for retail. Milk Tank Truck. Either a bulk milk pickup tanker or a milk transport tank. Milk Transport Tank. A vehicle, including the truck and tank, used by a milk hauler to transport bulk shipments of milk or milk products from a transfer station, receiving station or milk plant to another transfer station, receiving station or milk plant. Misbranded. In the case of milk and milk products, means the definition in M.G.L. c. 94, § 187 which pertains to food. Official Laboratory. An official laboratory is a biological, chemical, or physical laboratory which is under the direct supervision of the state or a local regulatory agency. Officially Designated Laboratory. An officially designated laboratory is a commercial laboratory authorized to do official work by the regulatory agency, or a milk industry laboratory officially designated by the regulatory agency for the examination of producer samples of Grade A raw milk for pasteurization and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits. Pasteurization or Pasteurized. Or a similar term means the process of heating every particle of milk or milk product, in properly designed and operated equipment, to one of the applicable temperatures and holding every such particle continuously at or above that temperature for at least the corresponding time specified. Pasteurization Plant. Any place, premises or establishment where raw milk, milk or milk products are pasteurized, ultra-pasteurized or aseptically processed. A pasteurization plant may include milk plants, receiving stations, and transfer stations. Person. Any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution. Potable Water Source. Any source or supplier of water approved by the Department of Environmental Protection or the Department of Public Health. Raw Milk for Pasteurization. Grade "A" milk and raw products thereof which comply with sanitary standards for production, transportation, receiving, handling, storage, processing, distribution and sale as determined by the Commissioner of the Department of Agricultural Resources in 330 CMR 27.00. Receiving Station. Any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. Regulatory Agency. The Massachusetts Department of Agricultural Resources and its subdivisions. Sanitization. The application of any effective method or substance to a clean surface for the purpose of inactivation or destruction of pathogens, and of other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product or the health of consumers, and shall be acceptable to the Department. Sterilized. As applied to piping, equipment or containers used for milk and milk products, means the condition achieved by application of heat, chemical sterilant(s), or other appropriate treatment that renders the piping, equipment or containers free of viable microorganisms. Transfer Station. Any place, premises or establishment where milk or milk products are transferred directly from one milk tank truck to another. Ultra Pasteurized. Thermally processed at or above 280°F (138°C) for at least two seconds, either before or after packaging, so as to produce a product that has an extended shelf life when kept at 45°F or below. 3-A Sanitary Standards. For dairy equipment are promulgated jointly by the Sanitary Standards Subcommittee of the Dairy Industry Committee, the Committee on Sanitary Procedure of the International Association of Milk, Food and Environmental Sanitarians, Inc., and the Milk Safety Branch, Bureau of Foods, Food and Drug Administration, Public Health Service, Department of Health and Human Services. Equipment manufactured in conformity with 3-A Sanitary Standards complies with the sanitary design and construction standards of 330 CMR 27.00.