Chapter 16-144 WAC

Last Update: 11/24/99

PROCESSING FROZEN DESSERTS

WAC Sections

16-144-010Definitions.
16-144-145Requirements for frozen dessert mix processing, handling, transportation and pasteurization.
16-144-146How may frozen dessert mix be transported without requiring repasteurization?
16-144-147Can frozen dessert mix be transported in milk tank trucks or milk cans?
16-144-148What temperature must frozen dessert mix be held at?
16-144-149How long may frozen dessert mix be held after pasteurization?
16-144-150What ingredients must be added to the mix before final pasteurization?
16-144-151What ingredients may be added after final pasteurization or at the freezer?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
16-144-001Promulgation and purpose. [Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-001, filed 7/26/95, effective 8/26/95; Order 1069, Promulgation, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-020Processing of ice cream. [Order 1069, Regulation 2, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-030Processing of other desserts—Frozen and French custards—Labeling—Optional ingredients. [Order 1069, Regulation 3, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-040Ice milk—Labeling—Optional ingredients. [Order 1069, Regulation 4, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-050Nonfat frozen dairy desserts—Labeling—Optional ingredients. [Order 1069, Regulation 5, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-060Dietetic or dietary frozen dairy desserts—Labeling—Optional ingredients. [Order 1069, Regulation 6, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-070Fruit sherbets—Labeling—Optional ingredients. [Order 1069, Regulation 7, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-080Water ices—Labeling—Optional ingredients. [Order 1069, Regulation 8, filed 9/20/67, effective 11/1/67.] Repealed by WSR 96-18-106, filed 9/4/96, effective 10/5/96. Statutory Authority: Chapters 15.32 and 15.36 RCW.
16-144-090Frozen yogurt. [Statutory Authority: Chapters 15.32 and 15.36 RCW. WSR 90-14-076, § 16-144-090, filed 7/2/90, effective 8/2/90.] Repealed by WSR 99-24-039, filed 11/24/99, effective 12/25/99. Statutory Authority: RCW 15.36.020.
16-144-100Frozen lowfat yogurt. [Statutory Authority: Chapters 15.32 and 15.36 RCW. WSR 90-14-076, § 16-144-100, filed 7/2/90, effective 8/2/90.] Repealed by WSR 99-24-039, filed 11/24/99, effective 12/25/99. Statutory Authority: RCW 15.36.020.
16-144-110Frozen nonfat yogurt. [Statutory Authority: Chapters 15.32 and 15.36 RCW. WSR 90-14-076, § 16-144-110, filed 7/2/90, effective 8/2/90.] Repealed by WSR 99-24-039, filed 11/24/99, effective 12/25/99. Statutory Authority: RCW 15.36.020.
16-144-120Soft serve frozen yogurt mix. [Statutory Authority: Chapters 15.32 and 15.36 RCW. WSR 90-14-076, § 16-144-120, filed 7/2/90, effective 8/2/90.] Repealed by WSR 99-24-039, filed 11/24/99, effective 12/25/99. Statutory Authority: RCW 15.36.020.
16-144-130Soft serve frozen lowfat yogurt mix. [Statutory Authority: Chapters 15.32 and 15.36 RCW. WSR 90-14-076, § 16-144-130, filed 7/2/90, effective 8/2/90.] Repealed by WSR 99-24-039, filed 11/24/99, effective 12/25/99. Statutory Authority: RCW 15.36.020.
16-144-140Soft serve frozen nonfat yogurt mix. [Statutory Authority: Chapters 15.32 and 15.36 RCW. WSR 90-14-076, § 16-144-140, filed 7/2/90, effective 8/2/90.] Repealed by WSR 99-24-039, filed 11/24/99, effective 12/25/99. Statutory Authority: RCW 15.36.020.


16-144-010
Definitions.

(a) The definitions and standards contained in chapters 15.32 and 69.04 RCW shall apply under this order unless the context of this order clearly indicates otherwise.
(b) Frozen desserts means ice cream, frozen custard, ice milk, nonfat frozen dairy dessert, dietetic frozen desserts, fruit sherbets, and water ices. Such terms shall also include any food product which is prepared or manufactured and which contains as an ingredient a substantial portion of any of the above mentioned frozen desserts.
(c) The terms "pasteurization," "pasteurized" and similar terms used in this order shall mean heating every particle of the product to a temperature of not less than 155 degrees Fahrenheit and holding continuously for at least thirty minutes in approved and properly operated equipment or heating to a temperature of not less than 175 degrees Fahrenheit for not less than 25 seconds continuously in approved and properly operated equipment.
(d) All frozen desserts shall be manufactured, processed, and pasteurized to conform with a bacteriological standard of not to exceed 50,000 per milliliter and a coliform limit not exceeding 10 per milliliter as determined by Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the 11th Edition of Official Methods of Analyses of the Association of Official Agricultural Chemist. The frozen desserts shall be properly pasteurized as evidenced by the phosphatase test.
[Order 1069, Regulation 1, filed 9/20/67, effective 11/1/67.]



16-144-145
Requirements for frozen dessert mix processing, handling, transportation and pasteurization.

(1) Definitions for terms used in this section may be found in the following sections:
(a) Frozen desserts, WAC 16-144-010.
(b) Washington Food, Drug and Cosmetic Act, chapter 69.04 RCW.
(c) Fluid milk, RCW 15.36.012.
(d) Intrastate commerce in foods, WAC 16-167-050 (1)(r).
(e) Pasteurized milk ordinance adopted in WAC 16-101-700.
(2) Additional definition: Harmful microorganisms are bacteria or other microorganisms which have been shown to be capable of causing disease in humans by consumption or contact.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-145, filed 7/26/95, effective 8/26/95.]



16-144-146
How may frozen dessert mix be transported without requiring repasteurization?

(1) Single service containers which meet the requirements for Grade A milk products under Appendix J of the pasteurized milk ordinance (PMO).
(2) Containers with single service liners which meet the requirements for Grade A milk products under Appendix J of the PMO.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-146, filed 7/26/95, effective 8/26/95.]



16-144-147
Can frozen dessert mix be transported in milk tank trucks or milk cans?

No. Transport of mix in milk trucks or milk cans is not allowed. The risk of post pasteurization contamination is too great without final pasteurization at the plant where the mix is frozen and packaged.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-147, filed 7/26/95, effective 8/26/95.]



16-144-148
What temperature must frozen dessert mix be held at?

Forty-five degrees Fahrenheit or less at all times.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-148, filed 7/26/95, effective 8/26/95.]



16-144-149
How long may frozen dessert mix be held after pasteurization?

(1) Frozen dessert mix containers approved under WAC 16-144-146 must bear a pull date which establishes the last day it may be used. This pull date must meet the requirements for pull dating of perishable packaged food under chapters 69.04 RCW and 16-142 WAC.
(2) Pasteurized frozen dessert mix may be held for up to seventy-two hours in storage tanks before it must be repasteurized.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-149, filed 7/26/95, effective 8/26/95.]



16-144-150
What ingredients must be added to the mix before final pasteurization?

(1) All dairy products including milk solids, whey, nonfat dry milk, condensed milk, cream, skim milk, and other milk products.
(2) Egg products.
(3) Reconstituted or recombined dry mixes including cocoa and cocoa products which are mixed with water or other liquids.
(4) Liquid sweeteners.
(5) Dry sugars.
(6) Emulsifiers or stabilizers which do not meet one of the requirements under WAC 16-144-151.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-150, filed 7/26/95, effective 8/26/95.]



16-144-151
What ingredients may be added after final pasteurization or at the freezer?

(1) Ingredients which have been subjected to prior heat treatment sufficient to kill harmful microorganisms.
(2) Ingredients with 0.85% water activity or less.
(3) High acid ingredients with pH 4.7 or less.
(4) Roasted nuts or confectionery chips (added at the freezer).
(5) Harmless lactic acid forming bacteria cultures.
(6) Fruits and vegetables (added at the freezer).
(7) Ingredients with high alcohol content (i.e., fifteen percent or more by volume).
(8) Ingredients which have been subjected to any other process approved by the director which will ensure that the finished product is free of harmful microorganisms.
[Statutory Authority: RCW 15.36.021 and 69.04.398(3). WSR 95-16-062, § 16-144-151, filed 7/26/95, effective 8/26/95.]