“Parlor” and “milk room” mean the facilities used for the pro-

R3-2-805. “Parlor” and “milk room” mean the facilities used for the pro- duction of Grade A raw milk for pasteurization or Grade A raw milk. “Plant” means any place, premise, or establishment, or any part, including specific areas in retail stores, stands, hotels, restaurants, and other establishments where frozen desserts are con- manufactured, processed, assembled, stored, frozen, or verted for distribution or sale, or both. A plant may consist of rooms or space where utensils or equipment is stored, washed, fro- or sanitized and where ingredients used in manufacturing zen desserts are stored. Plant includes: “Manufacturing plant” means a location where frozen desserts are manufactured, processed, pasteurized, and converted. “Handling plant” means a location that is not equipped or used to manufacture, process, pasteurize, or convert frozen desserts, but where frozen desserts are sold or offered for sale other than at retail. “PMO” means the Grade A Pasteurized Milk Ordinance, 2023 Revision. This material is incorporated by reference, does not include any later amendments or editions, and is on file with Phoe- the Department at 1110 W. Washington St., Suite 450, nix, AZ 85007. A copy of the incorporated material may also be viewed at https://agriculture.az.gov/. “Retail food store” means any establishment offering packaged or bulk goods for human consumption for retail sale. Historical Note Former Regulations 1-11. Section R3-2-801 renumbered from R3-5-01 (Supp. 91-4). R3-2-801 renumbered to R3- Decem- 2-803; new Section R3-2-801 adopted effective ber 2, 1998 (Supp. 98-4). Amended by final rulemaking at 7 A.A.R. 2215, effective May 9, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 3030, effective September 30, 2006 (Supp. 06-3). Amended by final rulemaking at 14 A.A.R. 889, effective May 3, 2008 (Supp. 08-1). Amended by emergency rulemaking at 20 A.A.R. 1134, effective May 2, 2014, for 180 days (Supp. 14-2). Emergency expired. Amended by exempt rulemaking at 21 A.A.R. 2407, effective September 22, 2015 (Supp. 15-3). Amended by final rulemaking at 22 A.A.R. 2169, effective October 2, 2016 (Supp. 16-3). Amended by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). (Sep- Amended by exempt rulemaking at 20 A.A.R. 2841 tember 13, 2024), with an immediate effective date of August 27, 2024 (Supp. 24-3). R3-2-802. Milk and Milk Products Standards Unless specifically mentioned in A.R.S. Title 3, Chapter 4, Article 1, or in this Article, all milk and milk products, except frozen desserts, sold or distributed for human consumption shall meet the PMO standards for production, processing, storing, handling, and transportation. Historical Note 25-4 Page 29 3 A.A.C. 2 Arizona CHAPTER 2. DEPARTMENT OF Former Regulations 1, 2. Section R3-2-802 renumbered from R3-5-02 (Supp. 91-4). Section repealed; new Section adopted effective December 2, 1998 (Supp. 98-4). R3-2-803. Milk and Milk Products Labeling A. The manufacturer or processor shall ensure that milk and milk products listed in A.R.S. § 3-601(10), and Sections 1 and 2 of the PMO are designated by the name of the product and shall conform to its definition. B. The manufacturer or processor of milk and milk products shall conform with the labeling requirements in A.R.S. §§ 3-601.01 and 3-627, Section 4 of the PMO, and 21 CFR 101, 131, and incorpo- 133, amended April 1, 2017. This CFR material is rated by reference, does not include any later amendments or editions, and is on file with the Department. car- C. The name of the manufacturer or processor shall be on all tons or closures where it can be easily seen. A manufacturer or processor that has plants in other states shall use a code number or letter to designate the state in which a carton or closure is manufactured or processed. If a manufacturer or processor has a plant within Arizona, the Dairy Supervisor shall issue a code number or letter for each plant and shall keep a record of the number or letter issued. Manufacturers and processors shall include the Arizona code, 04, with the plant code assigned by the Dairy Supervisor. D. If milk or milk products are manufactured or processed and packaged at a plant for other retailers and the container or cloproces- sure is not labeled the same as the manufacturer’s or sor’s like product, the manufacturer or processor shall include the statement “Manufactured or Processed at (name and address of plant or code number or letter)” on the carton or closure. The carton or closure may also contain the statement, “Distributed by: (name of person or firm).” con- E. Any person planning to use a new or modified label on a tainer shall submit the proposed label to the Dairy Supervisor for review. 1. If the proposed label does not meet labeling standards specified in subsection (B), the Dairy Supervisor shall note the required changes on the proposed label, and sign and return the proposed label to the applicant. 2. A person who requests additional time to use the inventory amounts of slow moving cartons or closures before using a modified label shall submit a written request to the Dairy Supervisor. The Dairy Supervisor may approve continued use of the existing cartons and closures if: a. The use does not present a public health issue, and b. The information on the cartons and closures is not misleading. Historical Note Former Regulations 1 - 21; Amended effective August 4, 1978 (Supp. 78-4). Section R3-2-803 renumbered from R3-5-03 (Supp. 91-4). R3-2-803 renumbered to R3-2- 804; new Section R3-2-803 renumbered from R3-2-801 and amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 9 A.A.R. 2089, effective rulemak- August 2, 2003 (Supp. 03-2). Amended by final ing at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). R3-2-804. Trade Products regu- A. Any fluid trade product containing milk solids shall be lated as a fluid milk product. B. Advertising, display, and sale: tech- 1. Any retail food store may submit its methods and niques for the advertising, display, and sale of trade prod- Supp. Administrative Code AGRICULTURE AGRICULTURE - ANIMAL SERVICES DIVISION ucts and real products to the Dairy Supervisor to determine compliance with this Section. 2. No food establishment shall sell or provide any patron or employee, for use as food, any trade product or food whose main ingredient is a trade product, unless one of the following disclosures is posted for each trade product, in a prominent place on the premises, or is plainly visible on each menu where other food items are described: a. “______________________________ served here (brand or common name of trade product) instead of __________________________.” (common name of dairy product) b. “Nondairy products served here.” 3. No food establishment shall advertise or otherwise represent to the public that it serves, or uses in the preparation of a food, a real product when it actually serves or uses a trade product. C. Labeling: Except as follows, all labels shall comply with the PMO and 21 CFR 101, 131, and 133. 1. The Dairy Supervisor shall approve a new or modified trade product label before the label is used. The applicant shall file a written request with duplicate copies of the proposed label and any supporting materials necessary to establish the truthfulness, reasonableness, relevancy, and completeness of the label. 2. Unless each ingredient of a trade product is homogenized or pasteurized, the whole product shall not be labeled or advertised as an homogenized or pasteurized product. Individual ingredients that are homogenized or pasteurized may be identified as homogenized or pasteurized in the listing of ingredients. 3. Except for combined ingredients constituting less than 1% of the whole product or unless each ingredient of a trade product qualifies as grade A, the whole product shall not be labeled or advertised as a grade A product. Ingredients that qualify as grade A may be identified as grade A in the listing of ingredients. 4. Any trade product produced outside the state and labeled as prescribed in R3-2-802 and R3-2-803, may be sold within the state provided that the product meets the requirements of A.R.S. §§ 3-663 and 3-665. Historical Note Former Regulations 1 - 8; Amended effective December 7, 1976 (Supp. 76-5). Correction, subsection (A)(2) through (H) omitted, Supp. 76-5 (Supp. 79-4). Section R3-2-804 renumbered from R3-5-04 (Supp. 91-4). R3-2- 804 renumbered to R3-2-805; new Section R3-2-804 renumbered from R3-2-803 and amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). R3-2-805. Grade A Raw Milk For Consumption A. All cattle and other dairy animals from which Grade A raw milk is produced shall be tested and found free of tuberculosis tuberculo- before any milk is sold. All herds shall be tested for sis at least every 12 months. All cattle and other dairy animals from which Grade A raw milk is produced shall be tested and found free of brucellosis before any milk is sold, and shall be tested every 12 months or have negative brucellosis ring tests of the milk at least once each month, or both, as determined by the State Veterinarian. 25-4 December 31, 2025 Arizona Administrative TITLE 3. AGRICULTURE CHAPTER 2. DEPARTMENT OF AGRICULTURE B. Grade A raw milk shall be cooled immediately after completion of milking to 45° F or less and shall be maintained at that temperature until delivery. C. Grade A raw milk shall be bottled on the farm where it is produced. Raw milk products authorized under A.R.S. § 3-606, 2. except for hard cheeses aged 60 days or more as defined in 7 CFR 58.439, shall be processed, manufactured and packaged on the farm where the milk is produced. Bottling and capping shall be done in a sanitary manner on approved equipment. Hand-capping is prohibited. Caps and cap stock shall be kept in sanitary containers until used. D. All vehicles used for the distribution of Grade A raw milk shall prominently display the distributor’s name. E. Grade A raw milk shall be labeled as prescribed in R3-2-803 and A.R.S. § 3-606. Historical Note Former Regulations 1, 2. Section R3-2-805 renumbered from R3-5-05 (Supp. 91-4). Section R3-2-805 repealed; new Section R3-2-805 renumbered from R3-2-804 and amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2).