# Title 7 — Agriculture Commissioner

## Article 7-03.2 — Dairy Division

## Chapter 7-03.2-09 — Frozen Desserts

Yogurt
### § 7-03.2-09-01. Frozen desserts - Manufacturers and processors regulations.

1. For the purposes of this chapter, frozen desserts include ice cream, ice milk, sherbet, soft
serve, frozen yogurt, and any frozen dessert or ice cream mix containing dairy products.
2. A license from the commissioner is required for any frozen dessert processor that packages,
freezes, or adds flavors to ice cream mix. Establishments selling or delivering directly to the
ultimate consumer are exempt from licensing.
3. All frozen dessert processors must be inspected once every three months by the
commissioner.
4. All new equipment used by frozen dessert processors must comply with 3A standards or other
standards acceptable to the commissioner. Modifications of plant processes for manufacturing
frozen desserts must be submitted to the commissioner for approval prior to installation or
construction.
5. All raw milk and dairy ingredients used in processing frozen desserts must be pasteurized and
must originate from plants approved by the United States department of agriculture, the food
and drug administration, or the commissioner.
6. Sanitary requirements, at a minimum, must meet United States department of agriculture
regulations for manufacturing frozen desserts.
7. Four samples within a six-month period must be collected by the commissioner from each
frozen dessert processor.
8. Samples must be handled in accordance with the standard methods. Samples must be tested
at laboratories approved by the commissioner.
History: Effective October 1, 2009; amended effective July 1, 2024.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-02, 4.1-25-29, 4.1-25-30
### § 7-03.2-09-02. Microbiological requirements for ice cream, ice milk, ice cream mix, and frozen

yogurt.
1. The United States department of agriculture regulations that set microbiological requirements
for frozen desserts apply to ice cream, ice milk, ice cream mix, and frozen yogurt.
2. All milk, when delivered to a plant to be used in making ice cream, ice milk, ice cream mix, or
frozen yogurt, must have a temperature of forty-five degrees Fahrenheit [7.22 degrees
Celsius] or lower. If the delivered milk is from a single producer, it must not exceed
five hundred thousand per milliliter standard plate count. If the delivered milk is commingled, it
must not exceed one million per milliliter standard plate count.
3. All cream delivered to a plant to be used in making ice cream, ice milk, ice cream mix, or
frozen yogurt must have a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius]

or lower. All delivered cream must not exceed eight hundred thousand per milliliter standard
plate count.
4. All dry dairy ingredients to be used in making ice cream, ice milk, ice cream mix, or frozen
yogurt must meet the manufacturing standards set by United States department of agriculture
regulations.
5. All ice cream, ice milk, ice cream mix, and frozen yogurt products must meet the following
phosphatase and coliform requirements:
a. Phosphatase. The phenol value of a product may be no greater than the minimum
specified for the product as determined by the phosphatase test in the standard methods,
or other tests approved by the commissioner.
b. Coliform.
(1) In plain ice cream, ice milk, ice cream mix, and frozen yogurt products, the coliform
may not exceed ten per milliliter. Further, these products must not exceed fifty
thousand per milliliter standard plate count.
(2) In flavored ice cream, ice milk, ice cream mix, and yogurt products, the coliform may
not be more than twenty per milliliter. Further, these products must not exceed fifty
thousand per milliliter standard plate count.
History: Effective October 1, 2009; amended effective July 1, 2024.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-29, 4.1-25-30, 4.1-25-50
### § 7-03.2-09-03. Resampling.

When a sample exceeds the microbiological requirements, the licensed operator must be notified in
writing. When two samples out of four consecutive samples of the same flavor are not in compliance, a
warning must be sent. The next batch produced of that flavor shall be sampled. When three out of five
consecutive samples of the same flavor are not in compliance, sale of the flavored product must be
stopped until the test results are in compliance.
History: Effective October 1, 2009; amended effective July 1, 2019; July 1, 2024.
General Authority: NDCC 4.1-25-50
Law Implemented: NDCC 4.1-25-29, 4.1-25-30, 4.1-25-44
