(1) “Adulterated Milk” means any milk or milk product that:
(a) contains filth, dirt, an unwholesome substance or any foreign material;
(b) is obtained from a cow suffering from a disease which might adversely affect the milk for human consumption;
(c) is obtained from cows with infected udders;
(d) is bloodied or discolored;
(e) has a foreign taste or an odor;
(f) is slimy or ropy;
(g) water or any other substance has been added to the milk product so as to reduce, lower or injuriously affect its quality; or
(h) any substance has been substituted wholly, or in part, for any substance naturally inherent in the milk or milk product.
(2) “Certified Milk and Milk Products” means milk and milk products, which meet the sanitary and health safety standards of the Pasteurized Milk Ordinance but may, because of availability or prohibitive cost factors, use ingredients from non Grade “A” sources, provided that such ingredients are equal to or better than Grade “A” ingredients for which they are substituted.
(3) “Dairy farm” means any place or premises where one or more cows or goats are kept, and from which a part or all of the milk is provided, sold, or offered for sale to a milk plant or receiving station.
(4) “Department” means the Department of Health.
(5) “Milk” means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows or goats.
(6) “Reconstituted or Recombined Milk and Milk Products” means milk or milk products that result from reconstitution or recombining milk constituents, skim milk powder, butterfat and potable water. Other approved ingredients may be added to flavored milk or recombined milk products. Skim Milk Powder used in recombined or reconstituted milk means milk that meets the standards of the Grade “A” Dry Milk Ordinance, Section 7, Table I of the 2001 Grade “A” Pasteurized Milk Ordinance; United States Public Health Service/Food and Drug Administration Publication No. 229, including all associated appendices, as adopted by department rule and all subsequent or future revisions thereto.
(7) “Milk distributor” means any person, including brokers and agents, who purchases with intent to resell, offers for sale or sells to another person any milk or milk product. The term does not include a store that purchases milk from a licensed Virgin Islands milk distributor shall not be deemed a milk distributor for the purposes of this statute.
(8) “Milk products” means products made with milk, or recombined milk, that is processed in some manner, including: pasteurized extended shelf life milk, milk having the addition or subtraction of milk fat (heavy cream, half & half), milk with added safe and suitable optional ingredients for protein, vitamin or mineral fortification or flavoring materials (chocolate milk, eggnog). “Milk products” do not include products such as evaporated milk, shelf stable (ultra pasteurized) milk, cultured milk products, condensed milk, dietary products, infant formula, ice cream and other desserts, dry milk products, butter, or cheese, except when the products are combined with other substances to produce any pasteurized or aseptically processed milk product.
(9) “Milkfat” or “butterfat” means the fat contained in milk. In the case of recombined or reconstituted milk the fat may have been separated from milk and stored or shipped in the form of butter or butteroil prior to its use in the recombining of milk or milk product.
(10) “Milk plant” means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution.
(11) “Milk plant operator” means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation.
(12) “Milk producer” means any person who operates a dairy farm and provides, sells, or offers for sale milk to a milk plant, receiving station, or transfer station.
(13) “Pasteurized milk ordinance” means the 2001 Grade “A” Pasteurized Milk Ordinance, United States Public Health Service/Food and Drug Administration Publication No. 229, including all associated appendices, as adopted by department rule and all subsequent or future revisions thereto.
(14) “Raw milk” means unprocessed milk.
(15) “Store” means an individual business establishment at one location, including a grocery store, hotel, restaurant, soda fountain, dairy products store, gasoline station or similar mercantile establishment offering goods and/or services at retail to individual consumers.