2VAC5-510-350. Freezer made milk shake.
A. Freezer made milk shake means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mix obtained from an approved source consisting of milkfat, milk solids not fat, water, optional sweetening ingredients, with or without egg or egg products, with harmless flavoring, with or without harmless coloring, and with or without approved stabilizer or approved emulsifier. It shall contain not less than 3.25% milkfat. It shall contain not less than 10% milk solids not fat, not more than 0.5% by weight of stabilizer, and not more than one-fifth of 1.0% of emulsifier.
B. Other freezer made shakes, including jumbo shake, thick shake, T.V. shake, or any coined or trade name containing the word "shake" shall meet the requirements of subsection A of this section, except that the minimum percent of milkfat may be less than 3.25%.
C. "Shakes" not meeting the requirement for "milk" shakes shall not be advertised, sold, or served as a milk shake.
D. Freezer made milk shake mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of freezer made milk shake in this section.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.33, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.