OAR 603-024-0019: Definitions

As used in these rules, unless the context otherwise requires: (1) "Authorized Persons" means persons licensed as a sampler-grader, or a pasteurizer operator under the provisions of ORS chapter 621. (2) "Certified Laboratory" is an industry or commercial laboratory which has been certified to perform specified analyses of milk and dairy products described in these fluid milk regulations by the Department's chief laboratory officer or his or her official representative. Laboratory certifications may be limited by the Department to one or more specific tests, methods or products. (3) "Condemned Container" means container deemed by Department as unfit for use because of dirt, rust, open seams, or other conditions that would or may contaminate fluid milk, milk or dairy products, or would otherwise render them unfit for consumption by humans. (4) "Container" means and includes milk cans, cream cans, farm-milk tanks, milk-tank trucks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops, and any other receptacle designed for use or used as a container of fluid milk or dairy products. (5) "Cream" means cream as defined in OAR 603-024-0017(2). (6) "Dairy Operator" means a person licensed by the Department to conduct one or more of the following activities related to the operation of a milk distributor or dairy products plant. A separate license is required for each of these activities conducted by an individual: (a) "Sampler-Grader" is a person responsible for the grading of milk received by a milk distributor or dairy products plant, and collecting regulatory samples of raw for pasteurization milk being received. (b) "HTST Pasteurizer Operator" is a person responsible for the legal pasteurization of milk and/or dairy products utilizing "high temperature short time" (HTST) pasteurization equipment. This includes HHST and UHT pasteurization equipment. (c) "Vat Pasteurizer Operator" is a person responsible for the legal pasteurization of milk and/or dairy products utilizing vat or batch pasteurization equipment. (7) "Dairy Product" means dairy products defined in OAR 603-024-0017(2) and includes butter; all varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids; and evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk. (8) "Department" means the Department of Agriculture of the State of Oregon. (9) "Distributor" means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption. (10) "Extra Rich Milk" is pasteurized fluid milk in which the milkfat content is not less than 5.0 percent. The term or label "extra rich" shall not be used in connection with the addition of vitamins, minerals, or milk solids-not-fat unless the milkfat content meets or exceeds 5.0 percent. (11) "Fluid milk" means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. Fluid milk includes sterilized fluid milk products and the fluid milk products for which the Department has established a standard of identity. (12) "Lactose Reduced Milk Products", are milk products, such as pasteurized milk, lowfat milk or skim milk (nonfat milk) to which suitable enzymes have been added to convert lactose in the product to glucose or galactose, resulting in a lactose level in the milk product that is less than 30 percent of the natural level of lactose normally in the product. (13) "Calcium Added" milk product are fortified with calcium carbonate, tricalcium phosphate or other additive approved by the Department, to a level of not less than 500 m.g. per eight ounce serving. (14) "Milk" means the lacteal secretion of cows, sheep and goats. (15) "Milkfat" means the natural fat of milk. (16) "Milk solids" means the total constituents of milk less the water. (17) Lactobacillus acidophilus or bifido bacterium milk products are milk products that have been pasteurized and inoculated with a strain of lactobacillus acidophilus or bifido bacterium to aid human digestion. (18) "Milk Hauler" means a person who, in the course of employment, accepts bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor. (19) "Multi-Vitamin Fortified" or "Multi-Mineral Fortified" means milk or milk products in which the vitamins or minerals content, other than vitamin D or vitamin A, have been increased by a method and in an amount approved by the Department. (20) "Nonprocessing distributor" means a person who sells fluid milk in consumer-sized units under the person's own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor. (21) "Person" means any individual, partnership, association, or corporation and his or its agents. (22) "Producer" means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption. (23) "Producer-distributor" means a person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption. (24) "Raw Goat Milk" is unpasteurized milk from goats with a milkfat content of not less than 3.25 percent and a milk-solids-not-fat content of not less than 8.25 percent. (25) "Whole Milk" is milk with milkfat greater or equal to 3.25 percent and milk solids-not-fat not less than 8.25 percent.