3-601. Definitions

In this article, unless the context otherwise requires:

1. " Adulterated" means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 342).

2. " Associate director" means the associate director of the division.

3. " Butter" means the clean and nonrancid product containing not less than eighty per cent milk fat produced by gathering the fat of milk or cream into a mass, containing a small portion of other milk constituents, and with or without salt or harmless coloring matter.

4. " Division" means the animal services division of the Arizona department of agriculture.

5. " Federal milk ordinance" means the recommendations of the United States public health service grade " A" pasteurized milk ordinance with administrative procedures.

6. " Frozen desserts" means ice cream, frozen custard, french ice cream, ice milk, quiescently frozen confection, quiescently frozen dairy confection, french custard ice cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all such other products, together with any mix used in making such frozen desserts, and any other products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or nondairy products.

7. " General specifications for dairy plants" means those specifications adopted by the United States department of agriculture and published in title 7 Code of Federal Regulations part 58, subpart B.

8. " Grade A milk" and " grade A milk products" has the meaning set forth in the federal milk ordinance.

9. " Handler" means a person who as owner, agent, broker or intermediary, either directly or indirectly, receives, purchases or otherwise acquires ownership, possession or control of milk in unprocessed or bulk form from a producer or a producer-handler for manufacturing, processing, selling or other handling. Handler includes cooperative associations that, either directly or indirectly, receive, purchase or otherwise acquire ownership, possession or control of milk from other handlers or producers who are nonmembers of the cooperative but does not include cooperative associations that receive and sell milk solely of its member producers.

10. " Manufactured milk products" includes:

(a) Butter.

(b) Natural or processed cheese.

(c) Manufacturing milk or manufacturing cream.

(d) Dried, frozen, evaporated, stabilized or condensed milk products.

(e) Frozen desserts.

(f) Dry whey.

(g) Dry buttermilk.

11. " Manufacturing milk" or " manufacturing cream" means milk or cream not conforming to the requirements of the federal milk ordinance.

12. " Manufacturing milk processing plant" means any place, premises or establishment where manufacturing milk or manufactured milk products, or any combination of them, are collected, handled, processed, manufactured, stored, pasteurized, aseptically processed, bottled or prepared for distribution.

13. " Measuring device" includes a measuring rod and a transparent measuring tube.

14. " Milk distributing plant" means a plant processing and distributing milk and milk products other than products made from manufacturing milk.

15. " Milk holding tank" means a stationary tank used to measure milk or cream.

16. " Misbranded" means either:

(a) The existence of one or more of the conditions described in section 403 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 343).

(b) That the package does not comply with the fair packaging and labeling act (P.L. 89-755; 80 Stat. 1296; 15 United States Code section 1451 et seq.).

17. " Pasteurization" or " pasteurized" means a process prescribed by the standards set forth in the federal milk ordinance or any other process demonstrated to be equally efficient and approved by the associate director.

18. " Producer" means a person that produces milk from cows and whose bulk milk is received, acquired or handled by a handler. Producer includes cooperative associations in selling milk of its member producers to other handlers.

19. " Producer-distributor" means a producer of milk handling his own product exclusively and distributing it as milk.

20. " Producer-manufacturer" means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products.

21. " Supervisor" means the state dairy supervisor employed pursuant to section 3-603.

22. " Ultimate consumer" means the person actually drinking or consuming milk or a milk product.