The following definitions shall apply in the interpretation and the enforcement of this article:
(1) Milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one (1) or more healthy cows, which contains not less than eight and one-fourth (8¼) percent milk solids-not-fat and not less than three and one-fourth (3¼) percent milk fat. The word "milk" shall be interpreted to include goat milk, unless the context otherwise requires.
(i) Goat milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats.
(2) Milk fat or butterfat is the fat of milk.
(i) Cream is a portion of milk which contains not less than ten (10) percent milk fat.
(ii) Sour cream is cream, the acidity of which is more than two-tenths (0.2) percent expressed as lactic acid.
(iii) Light cream, coffee cream, or table cream is cream which contains less than thirty (30) percent milk fat.
(iv) Whipping cream is cream which contains not less than thirty (30) percent milk fat.
(v) Light whipping cream is cream which contains less than fifty (50) percent milk fat.
(vi) Heavy cream or heavy whipping cream is cream which contains not less than thirty-six (36) percent milk fat.
(vii) Half-and-half is a product consisting of a mixture of milk and cream which contains not less than eleven and five-tenths (11.5) percent milk fat.
(viii) Reconstituted or recombined half-and-half is a product resulting from the combination of reconstituted milk or reconstituted skim milk with cream or reconstituted cream which contains not less than eleven and five-tenths (11.5) percent milk fat.
(ix) Whipped cream is cream to which a harmless gas has been added to cause whipping of the product. It may also contain sugar, other harmless flavoring and a harmless stabilizer.
(3) Concentrated milk is a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk. When recombined with water, in accordance with instructions printed on the container, the resulting product conforms with the standards for milk fat and solids-not-fat of milk as defined above.
(i) Concentrated milk products means and includes homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, concentrated flavored milk, concentrated flavored drink, and similar concentrated products made from concentrated milk or concentrated skim milk, as the case may be, and which, when combined with water in accordance with instructions printed on the container, conform to the definitions of the corresponding milk products in this section.
(ii) Dry milk is milk from which at least ninety-five (95) percent of the water has been removed.
(4) Skim milk is milk from which a sufficient portion of milk fat has been removed to reduce its milk fat content to less than three and one-half (3½) percent.
(i) Nonfat, fatfree or defatted milk is skim milk which contains not more than one-tenth percent milk fat.
(ii) Skim milk solids shall be deemed to include concentrated skim milk and nonfat dry milk solids.
(iii) Nonfat dry milk solids shall mean nonfat milk from which at least ninety-five (95) percent of water has been removed.
(5) Flavored milk is a beverage or confection consisting of milk to which has been added a syrup or flavor made from wholesome ingredients.
(i) Flavored drink or flavored dairy drink is a beverage or confection consisting of skim milk to which has been added a syrup or flavor made from wholesome ingredients.
(ii) Flavored reconstituted milk is a flavored milk made from reconstituted milk.
(iii) Flavored reconstituted milk or flavored reconstituted dairy drink is a flavored drink made from reconstituted skim milk.
(6) Buttermilk is a fluid product resulting from the churning of milk or cream. It contains not less than eight and one-fourth (8¼) percent milk solids-not-fat.
(i) Cultured buttermilk is a fluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized skim milk, or pasteurized reconstituted skim milk. It contains not less than eight and one-fourth (8¼) percent milk solids-not-fat.
(ii) Cultured milk is a fluid or semifluid product resulting from the souring or treatment, by a lactic acid or other culture of pasteurized milk, pasteurized reconstituted milk, or pasteurized concentrated milk. It contains not less than eight and one-fourth (8¼) percent milk solids-not-fat and not less than three and one-fourth (3¼) percent milk fat.
(7) Vitamin D milk is milk of which the vitamin D has been increased by an approved method to at least four hundred (400) U.S.P. units per quart.
(8) Reconstituted or recombined milk is a product which results from the recombining of milk constituents with water and which complies with the standards of milk fat and solids-not-fat of milk defined herein.
(i) Reconstituted or recombined cream is a product which results from the combination of dry cream, butter or milk fat, with cream, milk, skim milk, or water, and which complies with the standards of cream as defined herein.
(ii) Reconstituted or recombined skim milk is a product which results from the recombining of skim milk constituents with water, and which contains not less than eight and one-fourth (8¼) percent milk solids-not-fat.
(9) Homogenized milk is milk which has been treated in such a manner as to ensure breakup of the fat globules to such an extent that after forty-eight (48) hours of quiescent storage, no visible cream separation occurs on the milk, and the fat percentage of the top one hundred (100) milliliters of milk in a quart bottle, or of proportionate volume in containers of other sizes, does not differ by more than ten (10) percent of itself from fat percentage of the remaining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk.
(10) Milk products shall include cream, sour cream, half-and-half, reconstituted milk products, skim milk, nonfat milk, flavored milk, flavored drink, flavored reconstituted milk, flavored reconstituted drink, buttermilk, cultured buttermilk, vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted skim milk, homogenized milk and others designated as a milk product by the health officer.
(11) Pasteurization shall mean the process of heating every particle of milk or milk products to at least one hundred forty-three (143) degrees Fahrenheit and holding it at such temperature continuously for at least thirty (30) minutes, or at least one hundred sixty-one (161) degrees Fahrenheit and holding it at such temperature continuously for at least fifteen (15) seconds, in approved and properly operated equipment. Nothing contained in this definition shall be construed as barring any other process which has been demonstrated to be equally efficient and which is approved by the state board of health.
(12) Adulterated and misbranded milk and milk products shall mean any milk or cream to which water has been added, or any milk or milk product which contains any unwholesome substance, or which if defined in this article, does not conform with its definition. Any milk or milk product which carries a grade label, unless such grade label has been awarded by the health officer and not revoked, or which fails to conform in any other respect to the statement on the label shall be deemed misbranded.
(13) Milk producer is any person who owns or controls one (1) or more cows, a part or all of the milk or milk products from which is sold, or offered for sale.
(14) Milk distributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such.
(a) Producer-distributor is a milk producer who is also a milk distributor.
(15) Dairy or dairy farm is any place or premises where one (1) or more cows are kept, a part or all of the milk or milk products from which is sold or offered for sale.
(i) Producer-dairy is any dairy farm which sends milk or cream to a milk plant for processing.
(ii) Milk hauler is any person, other than a milk producer or a milk plant employee, who transports milk and/or milk products to and from a milk plant or a collecting point.
(16) Milk plant is any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled or prepared for distribution, except an establishment where milk for milk products are sold at retail only.
(17) Health officer shall mean the health authority of the urban county or his authorized representative.
(18) Average bacterial plate count and direct microscopic count shall mean the logarithmic average and average cooling temperature shall mean the arithmetic average, of the respective tests results of the last four (4) consecutive samples, taken upon separate days, irrespective of the six-month period referred to in section 10-57.
(19) Person shall mean any individual, partnership, corporation, company, firm, trustee or association.
(20) And/or. Where the term "and/or" is used, "and" shall apply where possible; otherwise "or" shall apply.