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1 Raise fractions of 2 or more to next whole number; disregard negative fractions or fractions less than 2.

(c) A representative portion of the edible dry casein shall be taken from the sample unit by means of a sampling tube and placed in properly identified sample bag. When five or more containers are to be sampled, representative portions from not more than five containers may be commingled on a proportionate basis. Each sample bag, whether from a single container or a composite, should contain at least 500 grams.

(d) Preparation of the sample for analysis. All samples representing an inspection lot shall be composited just prior to analysis to form a sufficient sample for analysis. Results of the analysis of the composited sample will be reported for the inspection lot.

Subpart W-United States Department of Agriculture Standard for Ice Cream

SOURCE: 42 FR 56717, Oct. 28, 1977, unless otherwise noted. Redesignated at 46 FR 63203, Dec. 31, 1981.

§ 58.2825 United States Standard for ice

cream.

(a) Ice cream shall contain at least 1.6 pounds of total solids to the gallon, weigh not less than 4.5 pounds to the gallon, and contain not less than 20 percent total milk solids, constitued of not less than 10 percent milkfat. In no case shall the content of milk solids not fat be less than 6 percent. Whey shall not, by weight, be more than 25 percent of the milk solids not fat.

(b) When one or more of the bulky optional ingredients, as approved by the Food and Drug Administration, are used, the weights of milk fat and total milk solids (excusive of such fat and solids in any malted milk used) are not less than 10 percent and 20 percent, respectively, of the remainder obtained by subtracting the weight of such optional ingredients, from the weight of the finished ice cream; but in no case is the weight of milk fat or total milk solids less than 8 percent and 16 percent, respectively, of the weight of the finished ice cream. In calculating the reduction of milk fat and total milk solids from the use of

bulky optional ingredients, chocolate and cocoa solids used shall be considered the bulky ingredients. In order to make allowance for additional sweetening ingredients needed when bulky ingredients are used, the weight of chocolate or cocoa solids may be multiplied by 2.5; the weight of fruit or nuts used may be multiplied by 1.4; and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight multiplied by 1.4 The finished ice cream contains not less than 1.6 pounds to the gallon; except that when the optional ingredient microcrystalline cellulose is used, the finished ice cream contains not less than 1.6 pounds of total solids to the gallon and weighs not less than 4.5 pounds to the gallon exclusive, in both cases, of the weight of the microcrystalline cellulose.

(c) Optional characterizing ingredients, optional sweetening ingredients, stabilizers, and emulsifiers as approved by the Food and Drug Administration may be used.

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59.417 Unauthorized use or disposition of approved labels.

59.418 Supervision of marking and packaging.

59.419 Reuse of containers bearing official identification prohibited.

INSPECTION, REINSPECTION, CONDEMNATION,
AND RETENTION

59.420 Inspection.
59.422 Condemnation.
59.424 Reinspection.
59.426 Retention.

ENTRY OF MATERIALS INTO OFFICIAL EGG
PRODUCTS PLANTS

59.430 Limitation on entry of material. 59.435 Wholesomeness and approval of materials.

59.440 Processing ova.

SANITARY, PROCESSING, AND FACILITY
REQUIREMENTS

59.500 Plant requirements.

59.502 Equipment and utensils; PCB-containing equipment.

59.504 General operating procedures.

59.506 Candling and transfer-room facilities and equipment.

59.508 Candling and transfer-room operations.

59.510 Classifications of shell eggs used in the processing of egg products. 59.515 Egg cleaning operations. 59.520 Breaking room facilities.

59.522 Breaking room operations.

59.530 Liquid egg cooling. 59.532 Liquid egg holding. 59.534 Freezing facilities. 59.536 Freezing operations.

59.538 Defrosting facilities.

59.539 Defrosting operations.

59.540 Spray process drying facilities. 59.542 Spray process drying operations. 59.544 Spray process powder; definitions and requirements.

59.546 Albumen flake process drying facilities.

59.547 Albumen flake process drying operations.

59.548 Drying, blending, packaging, and heat treatment rooms and facilities. 59.549 Dried egg storage.

59.550 Washing and sanitizing room area facilities.

or

59.552 Cleaning and sanitizing require

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marked products; not importations. 59.970 Charges for storage, cartage, and labor with respect to products imported contrary to the Act.

AUTHORITY: Secs. 2-28 of the Egg Products Inspection Act (84 Stat. 1620-1635; 21 U.S.C. 1031-1056).

SOURCE: 36 FR 9814, May 28, 1971, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and at 46 FR 63203, Dec. 31, 1981.

EDITORIAL NOTE: Nomenclature changes to Part 59 appear at 37 FR 8059, Apr. 25, 1972; 42 FR 32514, June 27, 1977; 46 FR 63203, Dec. 31, 1981, and at 47 FR 32513, July 28, 1982.

DEFINITIONS

§ 59.1 Meaning of words.

Under these regulations, words in the singular shall be deemed to mean the plural and vice versa, as the case may demand.

§ 59.5 Terms defined.

For the purpose of these regulations, unless the context otherwise requires, the following terms shall be construed, respectively, as follows:

"Acceptable" means suitable for the purpose intended and acceptable to the Administrator.

"Act" means the applicable provisions of the Egg Products Inspection Act (Pub. L. 91-597, 84 Stat. 1620 et seq.).

"Administrator" means the Administrator of the Agricultural Marketing Service of the Department or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated the authority to act in his stead.

"Adulterated" means any egg or egg product under one or more of the following circumstances:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be

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(b)(1) If it bears or contains any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may in the judgment of the Secretary, make such article unfit for human food;

(2) If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act;

(3) If it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;

(4) If it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Provided, that an article which is not otherwise deemed adulterated under paragraph (b)(2), (3), or (4) of this definition shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive, in or on such article, is prohibited by regulations of the Secretary in official plants;

(c) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human food;

(d) If it has been prepared, packaged, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(e) If it is an egg which has been subjected to incubation or the product of any egg which has been subjected to incubation;

(f) If its container is composed, in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;

(g) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a

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regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act; or

(h) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

"Applicant" means any person who requests any inspection service as authorized under the Act or the regulations of this part.

"Capable of use as human food" means any egg or egg product, unless it is denatured, or otherwise identified, as required by these regulations to deter its use as human food.

"Chief of the Grading Branch" means Chief of the Poultry Grading Branch, Poultry Division, Agricultural Marketing Service.

"Class" means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind, type, or method of processing.

"Commerce" means interstate, foreign, or intrastate commerce.

"Condition" means any condition (including, but not being limited to, the state of preservation, cleanliness, soundness, wholesomeness, or fitness for human food) of any product which affects its merchantability; or any condition, including but not being limited to, the processing, handling, or packaging which affects such product.

"Container" or "Package" includes any box, can, tin, plastic, or other receptacle, wrapper, or cover.

(a) "Immediate container" means any consumer package, or other container in which egg products, not consumer packaged, are packed.

(b) "Shipping container" means any container used in packaging product packed in an immediate container.

"Department" means the U.S. Department of Agriculture.

"Egg" means the shell egg of the domesticated chicken, turkey, duck,

goose, or guinea. Some of the terms applicable to shell eggs are as follows:

(a) "Check" means an egg that has a broken shell or crack in the shell but has its shell membranes intact and contents not leaking.

(b) "Clean and sound shell egg" means any egg whose shell is free of adhering dirt or foreign material and is not cracked or broken.

(c) "Dirty egg" or "Dirties" means an egg(s) that has a shell that is unbroken and has adhering dirt, foreign material, or prominent stains.

(d) "Incubator reject" means an egg that has been subjected to incubation and has been removed from incubation during the hatching operations as infertile or otherwise unhatchable.

(e) "Inedible" means eggs of the following descriptions: Black rots, yellow rots, white rots, mixed rots, sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, and eggs chicks containing embryo (at or

beyond the blood ring stage).

(f) "Leaker" means an egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exposed or are exuding or free to exude through the shell.

(g) "Loss" means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator reject; or because it contains a bloody white, large meat spots, a large quantity of blood, or other foreign material.

(h) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss.

"Egg handler" means any person who engages in any business in commerce which involves buying or selling any eggs (as a poultry producer or otherwise), or processing any egg products, or otherwise using any eggs in the preparation of human food.

"Egg product" means any dried, frozen, or liquid eggs, with or without added ingredients, excepting products which contain eggs only in a relatively small proportion or historically have not been, in the judgment of the Secretary, considered by consumers as products of the egg food industry, and which may be exempted by the Secre

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