Pennsylvania Administrative Code

§ 39.23. Frozen yogurt. (a) Frozen yogurt is the food which is prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and frozen custard), except that a sweetner that has been affirmed as gener…

§ 39.24. Frozen lowfat yogurt or lowfat frozen yogurt. (a) Frozen lowfat yogurt or lowfat frozen yogurt is the food which is prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and frozen cu…

§ 39.25. Frozen nonfat yogurt or nonfat frozen yogurt. (a) Frozen nonfat yogurt or nonfat frozen yogurt is the food which is prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and frozen cu…

§ 39.26. Quiescently frozen confection. Quiescently frozen confection is the frozen product made from a sweetening agent, harmless natural or artificial flavoring and water. It may contain milk solids, harmless coloring, organic acids, and any safe and suitable functional ingredi…

§ 39.27. Quiescently frozen dairy confection. Quiescently frozen dairy confection is the frozen product made from milk products, sweetening agents, harmless natural or artificial flavoring and water. It may contain harmless coloring, and any safe and suitable functional ingredien…

§ 39.28. Frozen dietary dairy dessert. (a) Frozen dietary dairy dessert is 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 permitt…

§ 39.29. Dietary frozen dessert or low fat frozen dairy dessert. (a) Dietary frozen dessert or lowfat frozen dairy dessert is a food prepared by freezing while stirring, a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and …

§ 39.3. Notification to Department. When a manufacturer of frozen desserts not made with fats other than milkfat desires to manufacture frozen desserts using fats other than milkfat, and when a manufacturer of frozen desserts in which milkfat is not used desires to manufacture de…

§ 39.30. Manufactured desserts mix. (a) Manufactured desserts mix, whipped cream confections and bisque tortoni are frozen desserts made with milk products, sweetening agents and flavoring agents, with or without harmless coloring or any other safe and suitable ingredients approv…

§ 39.31. Freezer-made shakes, freezer-made milk shakes and freezer-made lowfat milk shakes. (a) A freezer-made milk shake is a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing a pasteurized mix consisting of the ingredients prescribed for ice milk in …

§ 39.32. Parevine. (a) Parevine is the food which is prepared by freezing while stirring a pasteurized mix composed of all of the following: (1) One or more edible vegetable oils or fats. (2) Protein and carbohydrate food ingredients from other than milk or meat sources. (3) Nutr…

§ 39.33. Lowfat parevine. (a) Lowfat parevine is a food which meets the requirements of § 39.32 (relating to parevine) except that its fat content shall be not more than 6.0%. (b) The name of the product is lowfat parevine. (c) Section 39.32(e)(1) and (2) applies. Source The prov…

§ 39.34. Frozen pudding. (a) Frozen pudding is a product made from a pasteurized mix, intended to be eaten in the frozen state. The mix may be composed of the following: (1) Milk and milk products. (2) Modified or unmodified food starch. (3) Sweetening agents. (4) Harmless natura…

§ 39.35. Lo-mel. (a) Lo-mel is a pure, clean wholesome semi-viscous drink prepared by stirring while freezing a pasteurized mix composed of milk solids not fat, water, and edible fats or oils other than milkfat. It may contain optional sweetening ingredients and any other safe an…

§ 39.38. Generic frozen dessert. (a) Description. A generic frozen dessert is a food that in its unfrozen form or state, is recognized by consumers by an established common or usual name or in the absence thereof, by an appropriate descriptive term. The unfrozen food becomes a fr…

§ 39.39. Nonfat frozen dessert or frozen dairy dessert. (a) Description. Nonfat frozen desserts and frozen dairy desserts are the foods prepared from the same ingredients and in the same manner prescribed for ice cream in § 39.12 (relating to ice cream and frozen custard). These …

§ 39.4. Contents of labels. In addition to the specific requirements for labeling of particular frozen desserts in this chapter, the following general requirements apply for all frozen desserts: (1) Each package or container of frozen dessert shall be marked with the name of the …

§ 39.40. Other standards of identity. If no comparable frozen dessert standard of identity described in this chapter applies, the frozen dessert standard of identity as adopted or amended by the FDA and published at 21 CFR (relating to food and drugs) applies. Source The provisio…

SPECIFIC REQUIREMENTS FOR RETAIL MANUFACTURERS OFFROZEN DESSERTS § 39.41. Operation. Operations where frozen desserts are prepared from an approved mix purchased from a permit holding source and sold only on the premises where manufactured shall comply with 7 Pa. Code Chapter 78 …

§ 39.5. Standards for frozen dessert mix. (a) Source of mix. Mix shall be obtained from or made only by those plants meeting the requirements of Chapter 59, Subchapter B (relating to standards for milk and milk products) and holding a permit to sell milk products as issued by the…

SANITATION § 39.51. General. (a) Sinks shall be provided and be of suitable size to accommodate the equipment and utensils to be washed. (b) Equipment shall be designed, installed, and operated in accordance with the criteria set forth by the National Sanitation Foundation, the C…

§ 39.52. Intermediate containers. Intermediate containers such as pails or pouring containers in which mix comes in contact shall be washed, rinsed and sanitized before use. Source The provisions of this § 39.52 adopted March 25, 1970; amended June 29, 1984, effective June 30, 19…

§ 39.53. Mix cans. Immediately after mix cans are emptied, they shall be washed, rinsed and drained. Source The provisions of this § 39.53 adopted June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242.

§ 39.54. Dispensing freezers. (a) Dispensing freezers shall be rinsed and disassembled after each day’s use. Use of clean-in-place installation approved by the Department is acceptable. (b) Dispensing freezers shall be washed, rinsed and sanitized before the close of each working…

§ 39.55. Suggested procedure for cleaning and sanitizing equipment. The following cleaning procedure is recommended: (1) Thoroughly rinse equipment used during the operation with lukewarm water. (2) Completely disassemble and thoroughly scrub every part which comes in contact wit…

§ 39.56. Clearing lines and equipment. (a) When the same equipment is used for the processing, pasteurizing and packaging of frozen desserts made with dairy products and frozen desserts made with vegetable fats, oils or proteins, any remaining product shall be completely removed …

§ 39.57. Water testing. (a) Samples for bacteriological testing of individual water supplies shall be taken upon the initial approval of the supply, a frequency of not less than once every 6 months thereafter and when any repair or alteration of the water supply system has been m…

§ 39.6. Wholesale manufacturers of frozen desserts. Wholesale manufacturers of frozen desserts shall conform with requirements of Chapter 59, Subchapter B (relating to standards for milk and milk products) and shall hold permits to sell milk products as issued by the Department. …

LABORATORY TESTS OF FROZEN DESSERTS § 39.61. Sampling and testing. (a) The sampling and testing required in this section is the responsibility of the frozen dessert licensee. (b) Test samples shall be collected by an approved sampler. Sample collection shall be unannounced and sh…

§ 39.62. Filing test results. The results of required bacteriological and chemical test results shall be kept on file at each frozen dessert plant for at least 1 year. Reports shall be maintained in chronological order on forms approved by the Department, and they shall be availa…

§ 39.63. Monthly laboratory reports. (a) Pennsylvania Approved Dairy Laboratories shall report all required analytical test results to the Department at least weekly. (b) The approved laboratory shall immediately notify the Department of nonconforming adulteration test results. (…

§ 39.64. Copies of test results. The licensee and those exempt from licensing under section 7(d) of The Frozen Dessert Law (31 P. S. § 417-7(d)) shall be provided with copies of all sample results reported by the Pennsylvania Approved Dairy Laboratory within 10 days of the date o…

§ 39.65. Test standards. (a) Standard plate count. The count may not exceed 50,000 per gram. Cultured products are exempt from this requirement. (b) Coliform group count. The count may not exceed 10 per gram except in products to which fruit, nuts or bulky flavor is added after p…

§ 39.66. Penalty for violation of standards. Frozen dessert licensees and those exempt from licensing shall be liable for punitive action under section 10 of The Frozen Dessert Law (31 P. S. § 417-10) for the following reasons: (1) If the standard for the same flavor of the same …

MOBILE UNITS AND DEPOTS § 39.71. Minimum standards. Mobile units shall comply with this chapter except that the absence of toilet facilities on units shall be permitted. Mobile units shall comply with this section. (1) Water supply. A potable water supply shall be provided and ke…

§ 39.72. Operating from depot required. (a) All mobile units, except those operated exclusively at fairs, outings, carnivals and other affairs of short duration, shall operate from depots. The depots shall be large enough to accommodate one or more mobile units for cleaning and s…

§ 3a.1. Objectives. This chapter is intended to provide owners, transporters, keepers and potential purchasers of cervids or camelids with guidelines as to those procedures or protocols which the Department intends to apply to ensure that these animals do not introduce dangerous …

§ 3a.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Accredited cervid herd—A herd of cervids with respect to which all of the following are correct: (1) The herd has passed at …

§ 3a.3. Importation of camelids and cervids. (a) Identification required. A person may not import camelids or cervids into this Commonwealth unless each animal is individually identified by a unique ear tag issued or approved by the state or country of origin, by a permanent tag …

§ 3a.4. Intrastate transportation of cervids. (a) Identification required. A cervid that is transported from one location within this Commonwealth to another location within this Commonwealth for sale, exhibition or commingling with other domestic animals shall be individually id…

§ 3a.5. Disposition of animals transported in violation of this chapter. Camelids and cervids that are moved into or within this Commonwealth in violation of this chapter shall be held in quarantine at the expense of the owner until released by the Department.

§ 3a.6. Minimum requirements for release of certain quarantines. (a) Bovine tuberculosis-related quarantines. If the Department imposes a quarantine as a result of the suspected presence of bovine tuberculosis in a herd containing camelids or cervids, or on the basis that a herd …

§ 3a.7. Epidemiological investigation and follow-up. (a) Refusal to allow testing. If an owner or consignee refuses to allow the Department to conduct testing of camelids or cervids, those animals shall be held in quarantine at the expense of the owner until released by the Depar…

§ 3a.8. Other statutory or regulatory requirements. This chapter does not supplant, supersede or otherwise effect responsibility imposed under 34 Pa.C.S. § § 101—2965 (relating to the Game and Wildlife Code) or another statute or regulation of the Commonwealth or the Federal gove…

§ 401.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Administer or Administration—The introduction of a substance into the body of a horse. Bleeder—A horse which hemorrhages from …

PRE-RACE TESTING § 401.11. Pre-race blood gas testing—Standardbred. (a) General Rule—The administration or use of alkalinizing agents or similar substances that elevate a horse’s Base Excess (BE) or TCO2 levels above those existing naturally in the untreated horse at normal physi…

§ 401.12. Initial testing procedures. In accordance with the Commission’s procedures, the Commission Veterinarian shall draw a blood sample from the selected horse which shall be tested by the blood gas technician using a blood gas analyzer or similar machine. Should the initial …