Sec. 10.15.05.26-2. Frozen Desserts Plants — Operation and Transportation Requirements

A. Packaging, Overflow, and Spillage.

(1) Packaging.

(a) The filling of frozen desserts containers shall be done only by approved mechanical equipment or by methods which preclude contamination.

(b) Frozen desserts shall be packaged in containers which protect the contents from contamination.

(c) Frozen desserts or frozen desserts mix:

(i) May be transported in sealed containers in a sanitary manner from one plant to another for further processing or packaging; and

(ii) Shall be stored in a sanitary manner.

(2) Milk products, frozen desserts, or their ingredients which have been spilled, overflowed, or leaked shall be discarded and may not be sold for human consumption.

B. Vehicles.

(1) Vehicles used for transportation of frozen desserts mix shall be constructed and operated so that the frozen desserts mix is:

(a) Maintained at 45°F or less; and

(b) Protected from;

(i) Sun;

(ii) Freezing; and

(iii) Contamination.

(2) Vehicles used for transportation of frozen desserts mix shall be kept clean.

(3) Substances capable of contaminating mix or frozen desserts or their ingredients may not be transported with frozen desserts mixes in a manner which permits contamination.

(4) Vehicles transporting frozen desserts or mix to wholesale or retail outlets shall have the name and address of the distributor prominently displayed on them.

C. Transferring and Dispensing Frozen Desserts.

(1) Except for in a sanitary room or enclosure under approved conditions a person may not:

(a) Transfer frozen desserts from one container to another; or

(b) Package frozen desserts:

(i) On the street; or

(ii) In any open vehicle.

(2) The direct sale of frozen desserts in packages, cones, or servings to the consumer may take place at roadside stands or concessions where the sanitary conditions are approved by the Secretary.

D. Surroundings.

(1) Frozen desserts plant surroundings shall be kept clean, neat, and free from conditions which might attract or harbor flies or other insects and rodents, or which otherwise constitute a nuisance.

(2) Roads, driveways, yards, and parking areas adjacent to the plant shall be:

(a) Paved or otherwise treated to prevent dust; and

(b) Smooth and well drained to prevent accumulation of stagnant liquid.