Frozen Dessert License

PURPOSE: This rule defines and establishes sanitation and production standards for frozen desserts as they relate to public health. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability. This rule applies to food establishments, food processing plants, and brokers manufacturing and/or distributing frozen dessert products. (2) Definitions. The following definitions shall apply in the interpretation and application of this rule and shall have the meaning stated below: (A) “Administrative authority” shall mean the department, local public health agency (LPHA), and/or U.S. Food and Drug Administration that has authority to govern food establishments and/or food processing plants; (B) “Broker” shall mean any person operating a food processing plant located outside of Missouri that manufacturers and/or distributes frozen dessert products into Missouri; (C) “Department” shall mean the Missouri Department of Health and Senior Services; (D) “Food establishment” shall be defined as specified in 19 CSR 20-1.025; (E) “Food processing plant” shall be defined as specified in 19 CSR 20-1.025; (F) “Frozen dessert” shall mean ice cream, ice cream mix, ice milk, sherbet, frozen malt, ice milk mix, mellorine, edible fat frozen dessert, or ices that meet the definition of a potentially hazardous food as defined in 19 CSR 20-1.025; and (G) “Person” shall mean an individual, partnership, corporation, organization, and association. (3) Responsibilities. The person shall— (A) Allow the administrative authority access to the premises during normal hours of operation for the purposes of conducting health and sanitation inspections; (B) Allow the administrative authority to collect water, food, and environmental samples as needed; (C) In the event of a suspected communicable disease outbreak, implement health and sanitation control measures as required by the department and/or Local Public Health Agency (LPHA); and (D) In the event food products are deemed adulterated or misbranded, implement health and sanitation control measures as required by the department. (4) General Criteria. (A) Food establishments shall— 1. Be in compliance with sanitation requirements specified in 19 CSR 20-1.025 or local food ordinance; and 2. Clean and maintain frozen dessert equipment in accordance with manufacturer’s specifications. (B) Food processing plants shall— 1. Be in compliance with sanitation requirements specified in 19 CSR 20-1.040; and 2. Be in compliance with labeling requirements specified in 19 CSR 20-1.045. (C) Brokers shall— 1. Be in compliance with equivalent local sanitation requirements; and/or 2. Be in compliance with sanitation requirements specified in 21 CFR Part 117; and 3. Be in compliance with labeling requirements specified in 21 CFR Part 101. (5) Application Requirements for Initial Frozen Dessert License. (A) Prior to the issuance of a license, an applicant shall complete and submit an application packet to the department. The department may require additional information when deemed necessary to assure compliance with the requirements of this rule. The application packet shall include: 1. A completed Application for Frozen Dessert License (10-21). The Application for Frozen Dessert License is incorporated by reference into and made part of this rule as published by the Missouri Department of Health and Senior Services, 930 Wildwood Drive, Jefferson City, MO 65109, website: https://health.mo.gov/safety/foodsafety/indust ryfoods/manufacturedfoods/frozendessert.php and can be requested by e-mailing Info@health.mo.gov. This rule does not incorporate any subsequent amendments or additions; 2. A nonrefundable licensing fee as specified in section 196.866, RSMo; 3. Certificate of No Tax Due as required in section 144.083, RSMo; and 4. A copy of the most current sanitation inspection report from the administrative authority. (B) Private homes, hospitals, churches, or fraternal organization manufacturing frozen dessert products for their own use or food establishments serving and/or selling ice cream or frozen dessert products received in its final frozen form from a licensed manufacturer shall not be required to obtain a frozen dessert license. (6) Procedure for Issuance or Denial of Frozen Dessert License. (A) The applicant shall be notified in writing or electronic mail (email), by the department, when the application is approved, incomplete, or denied. 1. If the application is approved, the notice shall specify the application is approved and a frozen dessert license shall be issued. 2. If the application is incomplete, the notice shall specify the necessary information or documentation required to complete the application. A. The applicant shall submit the requested information and/or documentation to the department within thirty (30) calendar days from the issuance date of the notice. B. Failure to submit the requested information within the thirty (30) calendar days may result in the department denying the application. 3. If the application is denied, the notice shall specify the reason(s) for the denial. (B) The applicant shall be denied a frozen dessert license for any one (1) or any combination of the following: 1. Failure to submit a complete application; 2. False or misleading statement(s) on the application; or 3. Failure to comply with the applicable requirements specified in sections (3) and (4) of this rule. (C) If the applicant is aggrieved by a determination to deny licensure, the applicant may appeal the department’s decision to the Administrative Hearing Commission as provided by section 621.045, RSMo. (7) License Renewal. (A) A frozen dessert license shall be valid for one (1) year. (B) Prior to the issuance of a renewal license, within sixty (60) calendar days but no later than thirty (30) calendar days prior to the expiration of the current license, a licensee shall complete and submit an application packet to the department. The department may require additional information when deemed necessary to assure compliance with the requirements of this rule. The application packet shall include: 1. A completed Application for Frozen Dessert License (10-21). The Application for Frozen Dessert License is incorporated by reference into and made part of this rule as published by the Missouri Department of Health and Senior Services, 930 Wildwood Drive, Jefferson City, MO 65109, website: https://health.mo.gov/safety/foodsafety/indust ryfoods/manufacturedfoods/frozendessert.php and can be requested by e-mailing Info@health.mo.gov. This rule does not incorporate any subsequent amendments or additions; 2. A nonrefundable licensing fee as specified in section 196.866, RSMo; 3. Certificate of No Tax Due as required in section 144.083, RSMo; and 4. A copy of the most current sanitation inspection report from the administrative authority. AUTHORITY: section 196.872, RSMo 2016.* This rule was previously filed as 13 CSR 5063.010. Original rule filed June 27, 1980, effective Oct. 11, 1980. Amended: Filed June 27, 1983, effective Nov. 11, 1983. Amended: Filed May 2, 1986, effective July 26, 1986. Amended: Filed June 2, 2021, effective Jan. 30, 2022. *Original authority: 196.872, RSMo 1980, amended 1993, 1995.