(A) A person who manufactures frozen desserts for sale shall use in the manufacturing only mixtures in which the dairy products, eggs, and any other ingredient specified by the director of agriculture have been pasteurized in accordance with rules governing pasteurization adopted under section 917.02 of the Revised Code. Except as provided in division (B) of this section, pasteurization shall occur at the milk plant where retail packaging occurs. Repasteurization is not required at a retail establishment.

Terms Used In Ohio Code 917.10

  • agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
  • Dairy products: means milk, raw milk for sale to the ultimate consumer, grade A milk products, and manufactured milk products. See Ohio Code 917.01
  • Frozen desserts: means frozen desserts, including the mixes, described in 21 C. See Ohio Code 917.01
  • Milk: means the lacteal secretion, substantially free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, or other animals and intended for either of the following purposes:

    (1) To be sold for human consumption or for use in dairy products;

    (2) To be used for human consumption or for use in dairy products on the premises of a governmental agency or institution. See Ohio Code 917.01

  • Milk plant: means a grade A milk plant or manufacture milk plant. See Ohio Code 917.01
  • Person: means any individual, government agency, political subdivision, partnership, corporation, association, co-operative association, or other business unit. See Ohio Code 917.01

(B) The director may adopt rules authorizing pasteurization at a milk plant other than the plant where retail packaging occurs if the director determines that the frozen dessert is handled, transported, and stored in a manner that the director determines to be safe and suitable.