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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 510. Rules and Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products

2VAC5-510-390. Imitation frozen desserts; identity; prohibitions, exceptions, filings confidential.

A. Imitation frozen dessert is any frozen substance, mixture or compound regardless of the name under which it is represented, which is made in imitation or semblance of ice cream, or is prepared or frozen as ice cream is customarily prepared or frozen, and which is not Ice Cream; Frozen Custard; French Ice Cream; and French Custard Ice Cream; Ice Milk; Fruit Sherbets; Water Ices; Non-Fruit Sherbets; Non-Fruit Water Ices; Artificially Sweetened Ice Cream or Frozen Dietary Dessert; Artificially Sweetened Ice Milk; Frozen Yogurt; Quiescently Frozen Confection; Quiescently Frozen Dairy Confection; Mellorine; Parevine; Lowfat Parevine; Freezer Made Milk Shakes; and Freezer Made Shakes, as established by definitions and standards of identity in Part III (2VAC5-510-30 et seq.) of this chapter.

B. Powder or dry imitation frozen desserts mixes which contain no milk or other dairy product ingredients but contain dry whey, reduced minerals whey, whey protein concentrate, reduced lactose whey and/or optional caseinates specified in 2VAC5-510-30 E are exempted from the pasteurization requirements of Part XII (2VAC5-510-550 et seq.) of this chapter. The wheys, caseinates or egg ingredients used in the formulation of these mixes shall have been pasteurized or subjected to any other method of process demonstrated to be equally efficient. Powder or dry imitation frozen dessert mixes shall contain no ingredients except those which are generally recognized as safe by the Federal Food and Drug Administration or those which are permitted by this chapter in a frozen dessert.

C. Imitation frozen desserts sold at the retail level may be drawn from a dispensing freezer and a sign must be plainly marked "Imitation....," the blank being filled in with the name of the frozen dessert imitated, in a manner conspicuous to the public in letters at least three inches in height. Imitation frozen desserts shall not be dispensed for sale from packages or containers. "Dispensed" shall mean dipping and scooping from packages or containers.

D. No imitation frozen desserts shall be manufactured, sold, advertised, offered or exposed for sale in this Commonwealth unless 30 days prior to such manufacture, advertisement, offer, exposure for sale or sale, the manufacturer, offeror or dealer shall file with the commissioner such intent. The filing herein required shall be on forms supplied by the commissioner and shall include such information as the name under which the imitation frozen dessert is to be advertised or offered for sale, ingredients including any optional ingredients, proportion of ingredients expressed in a percentage, method of preparation, and any other relevant information the commissioner may require.

E. Information filed pursuant to this section shall be confidential and used solely for administration and enforcement of this chapter.

F. Imitation frozen desserts shall be considered as frozen desserts in the enforcement of Parts IV (2VAC5-510-410) through XIV (2VAC5-510-630 et seq.) of this chapter.

Statutory Authority

§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.

Historical Notes

Derived from VR115-05-03 § 3.37, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008.

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