HAR 11-15 — MILK (§ 11-15-1 to 11-15-100)

The purpose of this chapter is to regulate the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of milk and milk products; the inspection of dairy herds, dairy farms, and milk plants; the issuing and revocation of permits to mil…

Sour cream shall comply with the requirements of 21 CFR section 131.160. Notes Haw. Code R. § 11-15-10 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Should any section, paragraph, sentence, clause, phrase, or application of this chapter be declared unconstitutional invalid for any reason, the remaining sections, paragraphs, sentences, clauses, phrases, or applications of this chapter shall not be affected. Notes Haw. Code R. …

Acidified sour cream shall comply with the requirements of 21 CFR section 131.162. Notes Haw. Code R. § 11-15-11 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Half-and-half shall comply with the requirements of 21 CFR section 131.180. Notes Haw. Code R. § 11-15-12 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Sour half-and-half shall comply with the requirements of 21 CFR section 131.185. Notes Haw. Code R. § 11-15-13 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Acidified sour half-and-half shall comply with the requirements of 21 CFR section 131.187. Notes Haw. Code R. § 11-15-14 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Reconstituted or recombined milk or milk products are milk or milk products which result from the reconstituting or recombining of Grade "A" milk constituents with potable water and which comply with the standards of the corresponding milk or milk products. The name of the produc…

Concentrated milk is an unsweetened fluid product resulting from the removal of a considerable portion of the water from the milk, which, when combined with potable water in accordance with instructions printed on the container, results in a product conforming with the milkfat an…

Concentrated milk products shall include homogenized concentrated milk, concentrated skim milk, concentrated lowfat milk, and similar concentrated products made from concentrated milk or concentrated skim milk, and which, when combined with potable water in accordance with instru…

Frozen milk concentrate is a frozen milk product with a composition of milkfat and milk solids-not-fat in such proportions that when a given volume of concentrate is mixed with a given volume of water the reconstituted product conforms to the milkfat and milk solids-not-fat requi…

Skim milk shall comply with the requirements of 21 CFR section 131.143. Notes Haw. Code R. § 11-15-19 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

As used in this chapter: "Adulterated milk and milk products" means any milk or milk product that is found to be adulterated within the meaning of section 328-9, HRS. "Aseptically processed milk and milk products" means milk and milk products so thermally processed and hermetical…

Lowfat milk shall comply with the requirements of 21 CFR section 131.135. Notes Haw. Code R. § 11-15-20 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Eggnog shall comply with the requirements of 21 CFR section 131.170. Notes Haw. Code R. § 11-15-21 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Buttermilk is a fluid product resulting from the manufacture of butter from milk or cream. It contains not less than 8.25 per cent of milk solids-not-fat. Notes Haw. Code R. § 11-15-22 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Cultured milk shall comply with the requirements of 21 CFR section 131.112. Notes Haw. Code R. § 11-15-23 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Cultured lowfat milk shall comply with the requirements of 21 CFR section 131.138. Notes Haw. Code R. § 11-15-24 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Cultured skim milk shall comply with the requirements of 21 CFR section 131.146. Notes Haw. Code R. § 11-15-25 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§32111, 328-8)

Yogurt shall comply with the requirements of 21 CFR section 131.200. Notes Haw. Code R. § 11-15-26 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Lowfat yogurt shall comply with the requirements of 21 CFR section 131.203. Notes Haw. Code R. § 11-15-27 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Nonfat yogurt shall comply with the requirements of 21 CFR section 131.206. Notes Haw. Code R. § 11-15-28 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Acidified milk shall comply with the requirements of 21 CFR section 131.111. Notes Haw. Code R. § 11-15-29 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Milk shall comply with the requirements of 21 CFR section 131.110, with the following exceptions: (1) Milk in final package form shall have a thermister cryoscopic value of -0.525°H (degrees Hortvet) or below. Milk in final package form which has a thermister cryoscopic value of …

Acidified lowfat milk shall comply with the requirements of 21 CFR section 131.136. Notes Haw. Code R. § 11-15-30 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

Acidified skim milk shall comply with the requirements of 21 CFR section 131.144. Notes Haw. Code R. § 11-15-31 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)

(a) An imitation milk or milk product is a milk or milk product in which there are combined one or more edible fats or oils, and conforms in all other respects to the definition and standard of identity for the product in semblance of which it is made; but is nutritionally inferi…

(a) A substitute milk or milk product is a milk or milk product in which there are combined one or more edible fats or oils, and which conforms in all other respects to the definition and standard of identity for the product in semblance which it is made; and is not nutritionally…

Grade "A" dry milk and whey products are product which were produced for use in Grade "A" pasteurized or aseptically processed milk products and which were manufactured under the provisions of the Grade "A" Condensed and Dry Milk Products and Condensed and Dry Whey-1978 Recommend…

Reduced-sodium milk or reduced-sodium low fat milk or reduced-sodium skim milk is the product resulting from the treatment of milk, lowfat milk or skim milk as defined in this chapter by a process of passing the milk, lowfat milk or skim milk through an ion exchange resin process…

Lactose-reduced milk or lactose-reduced lowfat milk or lactose-reduced skim milk is the product resulting from the treatment of milk, lowfat milk or skim milk as deemed in this chapter by the addition of safe and suitable enzymes to convert sufficient amounts of the lactose to gl…

(a) No person shall, within the State of Hawaii, produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. No person shah sell, offer, or have in his possession with intent to sell, a…

(a) It shall be unlawful for any person who does not possess a permit from the director to bring into, send into, or receive into the State of Hawaii for sale, or to sell, or offer for sale, or to have in storage any milk or milk products; provided that no permit shall be require…

(a) All bottles, containers, and packages enclosing milk or milk products defined in this chapter shall be labeled in accordance with the applicable requirements of this chapter, the Federal Food, Drug and Cosmetic Act as amended and the Federal Fair Packaging and Labeling Act an…

Goat milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word "milk" shall be interpreted to include goat milk. Notes Haw. Code R. § 11-15-4 [Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328…

(a) Each dairy farm, milk plant, receiving station, and transfer station whose milk or milk products are intended for consumption within the State of Hawaii shall be inspected by the director prior to the issuance of a permit. Following the issuance of a permit, each dairy farm a…

(a) During any consecutive six months, at least four samples of raw milk for pasteurization shall be taken by the director from each producer and four samples of raw milk for pasteurization, ultra-pasteurization or aseptic processing taken by the director from each milk plant aft…

All Grade "A" raw milk for pasteurization, ultra-pasteurization or aseptic processing; all Grade "A" pasteurized, ultra-pasteurized or aseptically processed milk and milk products, all raw milk for manufacturing purposes, all reconstituted or recombined milk and milk products, al…

(a) Cows which show evidence of secretion of abnormal milk in one or more quarters, based upon bacteriological, chemical, or physical examination, shall be milked last or with separate equipment, and the milk shall be discarded. Cows treated with, or cows which have consumed chem…

(a) A receiving station shall comply with subsections (c) to (g), (s), (v) and (x), except that the partitioning requirement of subsection (g) shall not apply. (b) A transfer station shall comply with subsections (c), (f), (h) through (p), (v) and (x); and, as climatic and operat…

(a) All milk for pasteurization shall be from herds which are located in a modified accredited tuberculosis area as determined by the United States Department of Agriculture; provided that herds located in an area that fails to maintain such an accredited status shall have been a…

Only Grade "A" pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; provided that: (1) Upgraded substitute milk or milk products, or upgraded imitation milk or milk products, may like…

(a) Except as permitted in this section, no milk producer or distributor shall transfer milk or fluid milk products from one container or tank truck to another on the street, station, transfer station, or milkhouse especially used for that purpose. The dipping or ladling of milk …

Milk and milk products not produced in the State of Hawaii may be sold in the State of Hawaii, provided they are produced and pasteurized, ultra-pasteurized or aseptically processed under regulations which are substantially equivalent to this chapter and have been awarded an acce…

Properly prepared plans for all milkhouses, milking barns, stables, parlors, transfer stations, receiving stations, and milk plants regulated under this chapter which are hereafter constructed, reconstructed, or extensively altered, shall be submitted to the director for written …

The ordinance and Title 21 Code of Federal Regulations, as referenced in this chapter, may be inspected by the public during regular business hours at the Food Products Section, Sanitation Branch, Department of Health, 591 Ala Moana Boulevard, Honolulu, Hawaii. Notes Haw. Code R.…

No person affected with any disease in a communicable form, or while a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings that person into contact with the production, handling, storage, or transportation of milk, milk products, conta…

When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the director may require any or all of the following measures: (1) The immediate exclusion of that person from milk handling;…

This chapter, insofar as it follows the Grade "A" Pasteurized Milk Ordinance, 1978 Recommendations of the United States Public Health Service, Food and Drug Administration, Publication No. 229, United States Department of Health, Education, and Welfare, as amended, shall be admin…

(a) Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Each and every violation of the provisions of this chapter shall constitute a separate offense. (b) In addition to any other administrative or judicial remedy provided in this chapter, the…