TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 3

DAIRIES AND DAIRY PRODUCTS

37-316.  Food products made to resemble dairy products — Definitions. As used in sections 37-315 and 37-318, Idaho Code:

(1)  "Dairy product" includes:

(a)  Milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form.

(b)  Cheese. All varieties including asiago, blue, brick, caciocavallo, cheddar, colby, cook cheese, cottage, cream, washed curd, edam, gammelost, gorgonzola, gouda, granular and grated, gruyere, hard, limburger, monterey, monterey jack, mozzarella, scamorze, muenster, neufchatel, nuworld, parmesan, reggiano, pasteurized, blended and processed cheeses, pasteurized cheese spreads, provolone, pasta filata, romano, roquefort, samsoe, sapsago, semi-soft and skim milk, spiced, swiss and emmentaler as described in 21 CFR, part 133.

(c)  Butter as defined in section 37-312, Idaho Code.

(d)  Ice cream, frozen custard, ice milk, sherbet as defined in 21 CFR, part 135, frozen yogurt dessert mix, frozen yogurt dessert, frozen lowfat and nonfat yogurt dessert, dietetic or dietary frozen dessert, lowfat or nonfat frozen dairy dessert, and milk shake base as defined in state department of agriculture dairy rules or regulations.

(e)  Any manufactured food which:

1.  Uses milk or a milk ingredient as the principal or characterizing constituent of the food product;

2.  Does not contain ingredients added for the purpose of replacing milk or milk ingredients;

3.  Does not contain milk-derived ingredients at levels in excess of those permitted in similar standardized dairy products;

4.  Does not contain any vegetable-derived ingredients unless the ingredients are used as carriers or function as stabilizers or emulsifiers; and

5.  Has no standard of identity recognized by any federal or state of Idaho law, rule or regulation as a dairy product.

(2)  "Milk ingredient" includes milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form.

(3)  "Milk derived ingredient" includes buttermilk, whey, modified whey products, casein, lactose, lactalbumins and lactoglobulins used in fluid, concentrated or dry forms.

(4)  "Artificial dairy product" means any food manufactured or labeled so as to purport to resemble the identity, intended use, composition, physical and sensory properties of a dairy product as defined in subsection (1) of this section.

(5)  For the purpose and within the meaning of this act, an "artificial dairy product" shall not include a "dairy product" as defined in this section or any other manufactured food which has a federal or state of Idaho standard of identity as a food product. Food products made to resemble those food products other than dairy products in this subsection, are exempt from the labeling requirements of this chapter.

History:

[(37-316) 37-334a, added 1985, ch. 61, sec. 1, p. 122; am. 1987, ch. 7, sec. 1, p. 8; am. 1992, ch. 93, sec. 10, p. 298; am. and redesig. 2014, ch. 275, sec. 35, p. 693.]