SEC. 75-31-41. Milk and milk products sold at retail; definitions.

Sections 75-31-1, 75-31-3, 75-31-5, 75-31-6, 75-31-7, 75-31-9, 75-31-11, 75-31-13, 75-31-15, 75-31-17, 75-31-19, 75-31-21, 75-31-23, 75-31-25, 75-31-27, 75-31-29, 75-31-31, 75-31-33, 75-31-35, 75-31-37, 75-31-39, 75-31-40, 75-31-41, 75-31-43, 75-31-45, 75-31-47, 75-31-49, 75-31-51, 75-31-53, 75-31-55, 75-31-57, 75-31-59, 75-31-61 and 75-31-63, Mississippi Code of 1972, which provide for the regulation of milk and milk products by the Commissioner of Agriculture and Commerce, are repealed.

For the purpose of Sections 75-31-41 through 75-31-49, the following definitions shall apply:

(a) Milk. Milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in final package form for beverage use shall have been pasturized or ultrapasturized, and shall contain not less than eight and twenty-five one-hundredths percent (8.25%) of milk solids not fat and not less than three and twenty-five one-hundredths percent (3.25%) of milk fat. Milk may have been adjusted by separating part of the milk fat therefrom, or by adding thereto cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk. Milk may be homogenized.

(b) Milk Fat or Butterfat. Milk fat or butterfat is the fat of milk.

(c) Cream and Sour Cream. Cream is a portion of milk which contains not less than eighteen percent (18%) milk fat. Sour cream is cream the acidity of which is more than twenty one-hundredths percent (0.20%), expressed as lactic acid.

(d) Skim Milk or Skimmed Milk. Skim milk or skimmed milk is milk from which sufficient milk fat has been removed to reduce its milk fat content to less than fifty one-hundredths percent (0.50%).

(e) Lowfat Milk. Lowfat milk is milk from which a sufficient portion of milk fat has been removed to reduce its milk-fat content to not less than fifty one-hundredths percent (0.50%) and not more than two percent (2%).

(f) Milk or Skim Milk Beverage. A milk beverage or a skim milk beverage is a food compound or confection consisting of milk or skim milk, as the case may be, to which has been added a syrup or flavor consisting of wholesome ingredients.

(g) Buttermilk. Buttermilk is a product resulting from the churning of milk or cream, or from the souring or treatment by a lactic acid or other culture of milk, skim milk, reconstituted skim milk, evaporated or condensed milk or skim milk, or milk of skim milk powder. It contains not less than eight and one-fourth percent (8- 1 /4 %) of milk solids not fat.

(h) Vitamin D Milk. Vitamin D milk is milk the Vitamin D content of which has been increased by a method and in an amount approved by the State Board of Health.

(i) Reconstituted or Recombined Milk and Cream. Reconstituted or recombined milk is a product resulting from the recombining of milk constituents with water, and which complies with the standards for milk fat and solids not fat of milk as defined herein. Reconstituted or recombined cream is a product resulting from the combination of dried cream, butter, or butterfat with cream, milk, skim milk or water.

(j) Half-and-Half. Half-and-half is a product consisting of a mixture of milk and cream which contains not less than ten and five-tenths percent (10.5%) milk fat.

(k) Goat Milk. Goat milk is the lacteal secretion practically free from colostrum, obtained by the complete milking of healthy goats, and shall comply with all the requirements of Sections 75-31-41 through 75-31-49. The word "milk" shall be interpreted to include goat milk.

(l) Homogenized Milk. Homogenized milk is milk which has been treated in such manner as to insure break-up of the fat globules to such an extent that after forty-eight (48) hours' storage no visible cream separation occurs on the milk and the fat percentage at the top 100 cc of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than ten percent (10%) of itself from the fat percentage of the remaining milk as determined after thorough mixing.

(m) Milk Products. Milk products shall be taken to mean and include cream, sour cream, homogenized milk, goat milk, Vitamin D milk, buttermilk, skim milk, reconstituted or recombined milk and cream, milk beverages, skim milk beverages, half-and-half and any other product made by the removal of any substance from milk or the addition of any substance to milk or to any of these products and used for similar purposes and designated as a milk product by the State Board of Health.

SOURCES: Codes, 1942, Sec. 4560-11; Laws, 1954, ch. 156, Sec. 1; 1971, ch. 361, Sec. 1; 1986, ch. 308, Sec. 1, eff from and after July 1, 1986. Repealed by Laws 1999, Ch. 439, Sec. 2, eff. July 1, 1999.