(a) Pasteurized milk and milk products can be Grade A or certified pasteurized milk and may be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments.
(1) In an emergency, as determined by the department, however, the department may authorize the sale of pasteurized milk or milk products that have not been graded or the grade is unknown, in which case such milk and milk products shall be appropriately labeled, as determined by the department.
(2) If the department determines that milk is fit for human consumption even though it is less than Grade A because the producer failed to comply with the sanitation or bacterial standards defined in this chapter, or if any specific shipment of milk fails to comply with standards of the pasteurized milk ordinance, the department shall issue a permit allowing the milk to be used in ungraded products, such as frozen desserts, which are being processed by such milk plant. During processing of such milk, it shall be pasteurized at temperatures consistent with the Pasteurized Milk Ordinance.
(b) Milk that is in final package form for beverage use shall have been pasteurized and shall contain at least 8.25 percent milk solids-not-fat and at least 3.25 percent milkfat.