2005 Idaho Code - 37-334a — FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS -- DEFINITIONS

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 3
                          DAIRIES AND DAIRY PRODUCTS
    37-334a.  FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS -- DEFINITIONS. As
used in sections 37-334, 37-334a, 37-334b, 37-334c, 37-334d, 37-334e and
37-334f, 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 37-332, 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 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 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 section
37-334a(1), Idaho Code, or any other manufactured food which has a federal or
state of Idaho standard of identity as a food product.
    (a)  Food products made to resemble those food products other than dairy
    products in section 37-334a(5), Idaho Code, are exempt from the labeling
    requirements in sections 37-334b and 37-334c, Idaho Code, and regulations
    adopted pursuant thereto.