R70-350-3. Bacterial Quality.

A. Sampling.

Samples of ice cream and frozen dairy foods shall be tested by each processor at least once a month and from each distributor as often as may be required by the regulatory authorities. The products defined in this rule shall contain not more than 50,000 bacteria per milliliter by standard plate count, except cultured products with viable organisms shall be exempt from this bacterial count requirement. All products shall have a coliform count not exceeding 10 per gram.

B. Enforcement.

1. Whenever more than one of the last four consecutive coliform counts of samples taken on separate days by the processor or the Department is in excess of 10 per gram or more than one of the last four bacteria counts of samples taken on separate days by the processor or the Department is above 50,000 per milliliter, a written warning notice thereof shall be sent to the person concerned by the Department. An authorized regulatory agency shall then take an additional sample, but not before the lapse of three days after notification. Violation of the standards as shown by the results of these additional samples shall call for immediate enforcement action to require the discontinuance of the sale or distribution of the product from the establishment until additional samples taken by the authorized regulatory agency shall show the product to be in compliance with the applicable standards.

2. Frozen dairy foods shall, after pasteurization and before the addition of bulky flavorings such as fruits, nuts, and candy, meet the bacterial standards requirements listed in this section. Finished product without bulky flavorings shall also meet the requirements in this section. Bulky flavorings shall meet all food standards for composition, sanitation and adulteration in effect in Utah for foods.