2002 Minnesota Statutes

     32.391 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to this chapter.  

    Subd. 1a.    Milk.  "Milk" is defined as the whole, 
 fresh, clean lacteal secretion, practically free from colostrum, 
 obtained by the complete milking of one or more healthy cows.  
 When prepared for market in final package form for beverage use, 
 milk shall contain not less than 8.7 percent milk solids-not-fat 
 and not less than 3.25 percent of milk fat.  The name milk, 
 unqualified, means cow's milk.  

    Subd. 1b.    Skim milk.  "Skim milk" is milk from which 
 milk fat has been removed so that its milk fat content is less 
 than .25 percent.  Skim milk in final package form for beverage 
 use must contain at least nine percent milk solids-not-fat, for 
 a total of at least 9.25 percent milk solids.  Skim milk may be 
 homogenized.  

    Subd. 1c.    Lowfat milk.  "Lowfat milk" is milk from 
 which milk fat has been removed so that its milk fat content is 
 from one-half to two percent, within limits of good 
 manufacturing practices.  Lowfat milk in final package form for 
 beverage use must contain at least ten percent milk 
 solids-not-fat.  Lowfat milk may be homogenized.  

    Milk solids-not-fat may be added to fluid milk products to 
 meet the above standards from the following sources:  
 partially-skimmed milk, skim milk, concentrated 
 partially-skimmed milk, concentrated skim milk, and nonfat dry 
 milk, used alone or in any combination. 

    Subd. 1d.    Milk solids-not-fat.  "Milk solids-not-fat" 
 is the portion of a milk product that is not water and is not 
 fat as determined by procedures outlined in Standard Methods For 
 The Examination Of Dairy Products (current edition).  

    Subd. 1e.    Fluid milk products.  "Fluid milk products" 
 means cream, sour cream, half and half, reconstituted half and 
 half, concentrated milk, concentrated milk products, skim milk, 
 nonfat milk, chocolate flavored milk, chocolate flavored drink, 
 chocolate flavored reconstituted milk, chocolate flavored 
 reconstituted drink, buttermilk, cultured buttermilk, cultured 
 milk, vitamin D milk, reconstituted or recombined milk, 
 reconstituted cream, reconstituted skim milk, homogenized milk, 
 and any other fluid milk product made by the addition of any 
 substance to milk or to any of the above enumerated fluid milk 
 products, when the same is declared to be a fluid milk product 
 by rule promulgated by the commissioner.  

    Subd. 1f.    Goat milk.  "Goat milk" is a whole, fresh, 
 clean lacteal secretion free from colostrum, obtained by the 
 complete milking of one or more healthy goats.  

    Subd. 1g.    Sheep milk.  "Sheep milk" is a whole, 
 fresh, clean lacteal secretion free from colostrum, obtained by 
 the complete milking of one or more healthy sheep. 

    Subd. 2.    Pasteurization.  (a) The terms 
 "pasteurization," "pasteurized," and similar terms mean: 

    (1) the process of heating every particle of milk, fluid 
 milk products, goat milk, or sheep milk, in properly operated 
 equipment approved by the commissioner, to a temperature of at 
 least 145 degrees Fahrenheit and holding the temperature for at 
 least 30 minutes; 

    (2) the process of heating every particle of milk, fluid 
 milk products, goat milk, or sheep milk, in properly operated 
 equipment approved by the commissioner, to a temperature of at 
 least 161 degrees Fahrenheit and holding the temperature for at 
 least 15 seconds; or 

    (3) the process of heating every particle of milk, fluid 
 milk products, goat milk, or sheep milk, in properly operated 
 equipment approved by the commissioner, to the temperatures and 
 holding for the times as the commissioner may prescribe by rule 
 adopted in accordance with law containing standards more 
 stringent than those imposed by this subdivision.  

    (b) Nothing contained in this definition shall be construed 
 as excluding any other process which has been demonstrated to be 
 equally efficient and is approved by the commissioner.  

    Subd. 3.    Cooling after pasteurization.  Immediately 
 following pasteurization, all milk, fluid milk products, goat 
 milk, and sheep milk shall be cooled, in properly operated 
 equipment approved by the commissioner, to a temperature of 45 
 degrees Fahrenheit or lower, and maintained at 45 degrees 
 Fahrenheit or lower until delivered; provided, however, that if 
 the milk, fluid milk products, goat milk, or sheep milk is to be 
 cultured immediately after pasteurization, then such cooling may 
 be delayed until after the culturing process is completed; 
 provided further that the commissioner may prescribe by rule 
 adopted in accordance with law standards more stringent than 
 those imposed by this subdivision.  

    HIST: 1945 c 384 s 1,2; 1953 c 536 s 1; 1967 c 219 s 3-5; 1985 
 c 248 s 70; 1986 c 354 s 1; 1990 c 511 s 5