The MDA is responsible for the regulation of firms that manufacture ice cream and frozen dairy desserts for wholesale. This page provides basic guidance on the permitting, licensing, and production requirements for the manufacturing of ice cream and frozen dairy desserts in Minnesota. Additional questions should be directed to MDA Dairy Inspection program staff.
Ice cream is food produced by freezing, while stirring, a mix of dairy ingredients, such as milk and cream. Other commonly used ingredients in the making of ice cream are sugar, eggs, and other foods, such as fruits, nuts, or other flavorings.
A frozen dairy dessert is a food produced in a similar fashion as ice cream using the same types of ingredients. Frozen dairy desserts include a variety of different kinds of ice cream or other dairy dessert, such as custard, gelato, frozen yogurt, and ice cream treats.
Permitting and License Requirements
The type of permit and license needed to manufacture ice cream or dairy desserts depends on the type of operation and sales being made. A dairy plant permit is required when a firm is making ice cream and frozen dairy desserts for wholesale sales. The following table can be used to help determine when a permit or license is needed.
|
Activity or sales |
Is a dairy permit required? |
Is a license required? |
|---|---|---|
|
Sales to another business entity, such as a grocery store, ice cream shop, or restaurant for their resale (Wholesale) |
Yes, you will need to obtain an MDA dairy plant permit |
Yes, you will need to obtain a license for your operation |
|
Sales directly to the end consumer through a storefront, restaurant, website, farmer’s market, community event or a mobile unit you own |
No, this activity is overseen by the retail food inspection requirements |
Yes, you will need to obtain a license for your operation |
|
Manufacturing of ice cream at a location that is different than the retail sale location |
Yes, you will need to obtain an MDA dairy plant permit |
Yes, you will need to obtain a license for your operation |
Production Requirements
Pasteurization
Pasteurization, or the use of an equivalent process to kill bacteria, is required when a firm is using raw dairy ingredients, such as milk or cream, to make ice cream or dairy frozen desserts. Pasteurization is the process of heating a product for a set period of time, to a set temperature, to kill bacteria. The temperature and holding time combinations that achieve pasteurization are listed in the table below.
|
Temperature |
Time |
|---|---|
|
155°F (69°C) |
30 minutes |
|
175°F (80°C) |
25 seconds |
|
180°F (83°C) |
15 seconds |
|
191°F (89°C) |
1.0 seconds |
|
194°F (90°C) |
0.5 seconds |
|
201°F (94°C) |
0.1 seconds |
|
204°F (96°C) |
0.05 seconds |
Heat Treatments and Alternative Process Controls
A heat treatment is the process of heating ingredients to time and temperature combinations that do not meet the parameters specified for pasteurization, but that are used to address other identified food safety hazards or process requirements. An alternative process control achieves the same objective by some method other than heat.
Heat treatments or alternative process controls are used when potentially hazardous non-dairy ingredients such as raw eggs or flour, or made from scratch mix-ins, are used to make ice cream or frozen dairy desserts. This ensures that specific food safety hazards are being addressed.
Firms are required to provide scientific documentation to support the processes they use to address specific hazards. Other documentation, including letters from the ingredient manufacturer, ingredient technical data sheets, etc., can also be provided to support alternative (non-heat treatment) process controls.
