Effective - 28 Aug 1980
196.856. Definitions of products subject to law. — Only ingredients or products recognized by the department of health and senior services in properly adopted rules may be used in addition to those ingredients or products defined in this section. For the purpose of sections 196.851 to 196.895 the products within their purview are defined as follows, and in each instance it is implied that the product is clean and sound:
(1) "Ice cream" is the food prepared by freezing, while stirring, a pasteurized mix composed of one or more of the optional dairy ingredients specified in subdivision (2) of this section, sweetened with one or more of the optional sweetening ingredients specified in subdivision (3) of this section, flavored with one or more of the optional flavoring ingredients specified in subdivision (4) of this section; one or more of the optional egg ingredients specified in subdivision (5) may be used; one or more of the optional stabilizing ingredients specified in subdivision (6) may be used; one or more of the optional acidity standardizing ingredients specified in subdivision (7) may be used subject to the conditions set forth in subdivisions (5), (6) and (7), as the case may be. U.S. certified food color may be added. The mix may be seasoned with salt and may be homogenized. Water may be added. The kind and quantity of optional dairy ingredients used, and the content of milk fat and total milk solids are such that the weight of milk fat and total milk solids are not less than ten percent and twenty percent, respectively, of the weight of the finished ice cream. If one or more of the optional flavoring ingredients specified in paragraphs (d), (e), (f), (g), (h) and (i) of subdivision (4) of this section are used, the weight of milk fat and total milk solids are not to be less than ten percent and twenty percent, respectively, except for such reduction in milk fat and in total milk solids as is due to the addition of one or more of the optional ingredients specified in paragraphs (d), (e), (f), (g), (h) and (i) of subdivision (4) of this section but in no case shall it contain less than eight percent of milk fat nor less than sixteen percent of total milk solids. Ice cream shall contain not less than one and six-tenths pounds of total food solids per gallon and shall weigh not less than four and one-half pounds per gallon.
(2) The optional dairy ingredients are sweet cream, dried cream, butter, butter oil, concentrated milk fat, milk, concentrated milk, evaporated milk, sweetened condensed milk, superheated condensed milk, dried milk, skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, sweetened condensed partly skimmed milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, condensed sweet cream buttermilk, dried sweet cream buttermilk, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis. Harmless optional ingredients may be used to prevent fat oxidation in any of the foregoing optional dairy ingredients in an amount not exceeding five-thousandths of one percent of the weight of the milk fat present in any of such dairy ingredients. Sour cream shall never be used as an ingredient.
(3) The optional sweetening ingredients are sugar, liquid sugar, dextrose, invert sugar (paste or sirup), lactose, fructose, corn sugar, dried or liquid corn sirup, maple sirup, maple sugar, honey, brown sugar, malt sirup, dried malt extract, molasses (other than blackstrap) and any other nutritive sweetening ingredient approved by the federal Food and Drug Administration.
(4) The optional flavoring ingredients are:
(a) Natural food flavoring;
(b) Artificial food flavoring;
(c) Fruit juices, which may be fresh, frozen, canned, concentrated or dried and which may be sweetened and thickened with one or more of the optional stabilizing ingredients specified in subdivision (6);
(d) Chocolate;
(e) Cocoa;
(f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted or dried and which may be sweetened, thickened with stabilizer, and acidulated with citric, tartaric, malic, lactic or ascorbic acid;
(g) Nut meats;
(h) Confectionery; and
(i) Vanilla flavoring may be fortified with vanillin only.
(5) Optional egg ingredients are liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks, dried yolks; however, the total weight of egg yolk solids used singly, or in combination of two or more, must be less than the minimum prescribed in subdivision (8) for French ice cream.
(6) The optional stabilizing ingredients are gelatin, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed gum, monoglycerides or diglycerides or both of fat forming fatty acids or other harmless stabilizers or emulsifiers; but the total weight of the active material contained in the solids of any such ingredient used singly, or of any combination of two or more such ingredients used, is not more than one-half of one percent of the weight of the finished ice cream.
(7) The following harmless optional ingredients or combination of such ingredients may be added to control viscosity, adjust protein stability and adjust pH of the combined mix ingredients:
(a) Sodium bicarbonate;
(b) Magnesium oxide as such or as carbonate or hydroxide;
(c) Calcium oxide as such or as hydroxide or sucrate;
(d) Sodium citrate;
(e) Sodium phosphates.
The total ingredients (a) through (c) shall not exceed one-tenth of one percent by weight of the finished mix; nor shall the weight of ingredients (d) and (e) exceed two-tenths of one percent by weight of the finished mix. It is further provided that the percentage of developed lactic acid in the mix prior to the addition of the above listed optional ingredients shall not exceed three one-thousandths of one percent by weight for each one percent of milk-solids-not-fat present in the mix.
(8) "French ice cream", "frozen custard", "French custard ice cream" conforms to the definition and standard of identity prescribed for ice cream by subdivision (1) that one or more of the optional egg ingredients permitted by subdivision (5) are used in such quantity that the total weight of egg yolk solids therein is not less than one and four-tenths percent of the weight of the finished French ice cream, except when any of the optional flavoring ingredients specified in paragraphs (d), (e), (f), (g), (h) and (i) of subdivision (4) of this section are used, in which case the weight of the egg yolk solids is not less than one and twelve-hundredths percent of the weight of the finished French ice cream.
(9) "Ice milk" conforms in all respects to the definition and standard of identity for ice cream prescribed in subdivision (1), except that it contains not less than two percent but not more than seven percent of milk fat and not less than fourteen percent total milk solids and except that it contains not less than one and three-tenths pounds of food solids per gallon.
(10) "Sherbet" is the food prepared by freezing, while stirring, a mix composed of one or a combination of the optional pasteurized dairy ingredients specified in subdivision (2), one or more of the optional sweetening ingredients specified in subdivision (3), fruit, fruit juice, or flavoring as hereinafter provided. It may contain one or more of the optional stabilizing ingredients specified in subdivision (6) or pectin provided the weight of such stabilizer is not more than one-half of one percent of the weight of the finished sherbet. The kind and quantity of optional dairy ingredients used is such that the total milk solids content is not more than five percent by weight of the finished sherbet and the milk fat content is not more than two percent and not less than one percent by weight of the finished sherbet. It contains fruit or fruit juice as prescribed in subdivisions (1), (2), (3) and (6) of subsection 4 of this section. It may contain citric, tartaric, malic, phosphoric, or lactic acid. The acidity of the finished sherbet shall be not less than thirty-five hundredths of one percent of acid as determined by titrating with standard alkali and expressed as lactic acid. It weighs not less than six pounds per gallon.
(11) "Water ice" conforms in all respects to the definition and standard of identity for sherbet prescribed in subdivision (10) except that it does not contain any of the optional dairy ingredients and consequently does not meet the provision respecting total milk solids and milk fat.
(12) "Mellorine" is a vegetable fat frozen dessert product which is a clean, frozen or semifrozen food prepared by freezing, while stirring, a pasteurized mix composed of edible vegetable fats, milk solids not fat, sugar or optional sweetening ingredients and optional flavoring ingredients as defined in section 196.856. It may contain one or more optional stabilizing ingredients and emulsifiers as specified in subdivision (6) of this section, in an amount not exceeding one percent of active ingredients, whether used singly or in combination, of the weight of the finished product.
(13) "Edible fats", the edible natural fats derived from vegetable or milk sources including only such milk fat as is normally contained in the products enumerated in subdivision (2) of this section; the food fats may be hydrogenated or nonhydrogenated. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five-thousandths percent of the weight of the fat used.
(14) "Milk solids not fat", skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk (whether fluid, condensed or dried), and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugar by hydrolysis.
(15) "Mix" or "mixes", the liquid which contains the ingredients of a vegetable or milk fat frozen dessert product and which, after freezing, becomes the vegetable or milk fat frozen dessert product.
(16) "Frozen dietary dairy dessert" and "frozen dietary desserts" is a food for any special dietary use, prepared by freezing, with or without agitation, composed of a pasteurized mix which may contain edible fat, protein, carbohydrates, natural or artificial sweeteners, flavoring stabilizers, emulsifiers, vitamins and minerals.
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(L. 1955 p. 708 § 196.855, A.L. 1957 p. 699, A.L. 1980 S.B. 707)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 196 - Food, Drugs and Tobacco
Section 196.010 - Definitions.
Section 196.015 - Certain acts prohibited.
Section 196.020 - Injunction will lie to restrain violations of section 196.015.
Section 196.025 - Punishment for violations, exceptions.
Section 196.035 - Duty of prosecuting attorney.
Section 196.050 - Not to prescribe more stringent regulations than prescribed by federal act.
Section 196.055 - Access to places in which food, drugs, devices or cosmetics are manufactured.
Section 196.060 - Carriers in interstate commerce shall permit access to records of shipments.
Section 196.065 - Publication of reports of judgments, decrees and court orders.
Section 196.070 - Food, when deemed adulterated — industrial hemp content, effect of.
Section 196.075 - Food, when deemed misbranded.
Section 196.085 - Use of poisonous or deleterious substances.
Section 196.090 - Sections 196.010 to 196.120 not applicable to animal food or garbage.
Section 196.095 - When drug or device adulterated.
Section 196.100 - When drug or device misbranded.
Section 196.105 - Provisions governing selling or delivering new drug.
Section 196.110 - When a cosmetic deemed adulterated.
Section 196.115 - When a cosmetic deemed misbranded.
Section 196.120 - Advertisement, when deemed false.
Section 196.150 - Sale of horse and mule meat prohibited except when labeled as such meat.
Section 196.160 - Lawful to sell goat meat, when.
Section 196.165 - Falsely representing food to be kosher prohibited, penalty — kosher defined.
Section 196.170 - Mixed flour to be branded.
Section 196.190 - To what places law applies.
Section 196.195 - Contents of places and utensils used must be protected.
Section 196.210 - Toilet rooms provided.
Section 196.220 - Not used for sleeping purposes.
Section 196.225 - Employees with communicable disease prohibited, where.
Section 196.230 - Abatement of violations by director.
Section 196.240 - Authorization by director to close health menace.
Section 196.245 - Order to specify what — revocation — reopening.
Section 196.250 - Construction of the word close.
Section 196.265 - Penalty for violation.
Section 196.271 - Food manufacturers or distributors may register.
Section 196.311 - Definitions.
Section 196.313 - License to sell eggs required — exceptions.
Section 196.316 - License requirements — applications — kinds of licenses — fees — posting.
Section 196.318 - Licensees to keep records.
Section 196.321 - Standards and grades to be fixed.
Section 196.323 - Kinds of eggs which may be sold.
Section 196.326 - Egg containers to be marked or labeled.
Section 196.328 - Containers not required to be marked, when.
Section 196.331 - Sign required on sale from bulk lots.
Section 196.333 - Markings in case of eggs from different species of fowl.
Section 196.336 - Advertisements of price to give size and quality.
Section 196.338 - Dealer to furnish retailer with invoice showing size and quality.
Section 196.341 - Processing plants kept clean — standards — inspection — rulemaking, procedure.
Section 196.343 - Inspection of business premises and records.
Section 196.346 - Stop-sale orders, effect — appeals.
Section 196.348 - Court may order seizure of eggs, when — condemnation.
Section 196.351 - License suspended or revoked, when, procedure — appeal.
Section 196.352 - Civil penalty authorized, when.
Section 196.354 - Duties of director of agriculture — rules and regulations.
Section 196.357 - Violations may be enjoined.
Section 196.361 - Violation a misdemeanor.
Section 196.450 - Definitions.
Section 196.455 - Annual license required.
Section 196.465 - Semiannual inspection of plants.
Section 196.470 - Form and expiration of license.
Section 196.475 - Gas masks, alarm bell, and illumination required.
Section 196.480 - Requirements before issuance of license.
Section 196.485 - Temperature requirements and record.
Section 196.490 - Food to be quick frozen before placed in locker.
Section 196.495 - Record of name and address of user.
Section 196.500 - Accurate and complete report of weight of food.
Section 196.505 - Designation of food not for human consumption.
Section 196.510 - Operator to have lien on property for rentals — furnish content insurance.
Section 196.515 - Revocation of license — enforcement.
Section 196.520 - Short title.
Section 196.525 - Definitions.
Section 196.530 - Standards to be maintained.
Section 196.540 - Administration by state milk board — rules, promulgation — exempt products.
Section 196.542 - Fees for licenses.
Section 196.545 - Unlawful sale of dairy products.
Section 196.550 - Grading of products — right to protest accuracy, procedure.
Section 196.555 - The state milk board's right of access.
Section 196.560 - Records of purchases and sales.
Section 196.565 - The state milk board may take samples.
Section 196.570 - Condemnation of illegal dairy products.
Section 196.575 - Unidentified products subject to seizure.
Section 196.580 - Confiscated products released to owner, when.
Section 196.585 - Inspection, interference prohibited.
Section 196.590 - Suspension or revocation of licenses.
Section 196.595 - Substandard products, sale or production prohibited.
Section 196.610 - Penalty for violation.
Section 196.695 - Filled milk defined.
Section 196.700 - Emulsified cream defined.
Section 196.705 - Fat or oil other than milk fat prohibited.
Section 196.710 - Emulsified cream and filled milk prohibited.
Section 196.715 - Penalty for violation.
Section 196.735 - Labeling of cheese.
Section 196.740 - Labeling for shipments of skimmed milk.
Section 196.815 - Receptacles defined.
Section 196.820 - Receptacles kept clean.
Section 196.825 - Return of shipping containers.
Section 196.830 - Receptacle cleaned and returned to distributor.
Section 196.840 - Examination and tuberculin test of cattle, when.
Section 196.845 - Violation a misdemeanor.
Section 196.851 - Applicability — purpose of law.
Section 196.856 - Definitions of products subject to law.
Section 196.872 - Rules and regulations for minimum sanitation to be established, procedure.
Section 196.886 - Sale regulations — labeling.
Section 196.895 - Violation of law a misdemeanor.
Section 196.931 - Definitions.
Section 196.933 - Certain products exempted.
Section 196.937 - Penalty — violation by employee is violation by employer.
Section 196.941 - State milk board, membership, qualifications, appointment.
Section 196.945 - Inspection fee, payable when — hearing and notice before fee established.
Section 196.949 - State inspection of milk or milk products not required, when.
Section 196.951 - State milk board official rating agency — survey made, when, how.
Section 196.953 - Injunctive relief authorized.
Section 196.955 - Valid grade A milk permit holder may continue to sell grade A milk.
Section 196.957 - Only one inspection required.
Section 196.959 - Appeal from order or regulation of board, how taken.
Section 196.970 - Citation of law.
Section 196.973 - Definitions.
Section 196.976 - Prescription drug repository program established, criteria.
Section 196.981 - Immunity from civil or criminal liability, when.
Section 196.984 - Administrative rules, authority to promulgate.
Section 196.1000 - Definitions.
Section 196.1003 - Requirements.
Section 196.1020 - Definitions.
Section 196.1026 - Nonresident or foreign nonparticipating manufacturers, requirements.
Section 196.1100 - Trust fund established, purpose — reversion to general revenue prohibited.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1127 - Appropriation to board subject to certain requirements.