Part III. Standardized Frozen Desserts and Related Products
2VAC5-510-30. Ice cream and frozen custard.
A. Ice cream or frozen custard is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.110 or 21 CFR 135.115.
B. Ice cream mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "ice cream" in 21 CFR 135.110 or "goat's milk ice cream" in 21 CFR 135.115.
C. Frozen custard mix, french ice cream mix, or french custard ice cream mix is the pasteurized unfrozen combination of ingredients that, when frozen while stirring, produces products conforming to the description of "frozen custard," "french ice cream," or "french custard ice cream" in 21 CFR 135.110 or "goat's milk frozen custard," "goat's milk french ice cream," or "goat's milk french custard ice cream" in 21 CFR 135.115.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-40. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-50. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-60. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-70. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.5, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-80. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.6, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-90. Sherbets.
A. Sherbet is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.140.
B. Sherbet mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "sherbet" in 21 CFR 135.140.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.7, 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.
2VAC5-510-100. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.8, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-110. Water ices.
A. Water ices are the foods that are prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.160.
B. Water ice mix is the unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "water ices" in 21 CFR 135.160.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.9, 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.
2VAC5-510-120. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.10, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-130. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.11, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-140. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.12, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-150. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.13, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-160. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.14, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-170. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.15, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-180. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.16, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-190. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.17, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-200. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.18, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-210. Frozen yogurt.
A. Frozen yogurt is a food that is prepared by freezing while stirring a pasteurized mix containing whole milk, partially defatted milk, skim milk, or other milk products and with or without fruits, nuts, flavoring materials, sweeteners, stabilizers, emulsifiers, and any other safe and suitable approved ingredient that is cultured after pasteurization by one or more strains of Lactobacillus delbrueckii subsp. bulgaricus and Streptcoccus thermophilus; provided, however, that fruits, nuts, or other flavoring materials may be added before or after the mix is pasteurized and cultured. The standard plate count requirement for frozen desserts shall apply only to the mix prior to culturing. The finished frozen yogurt shall weigh not less than five pounds per gallon. The name of the product is "frozen yogurt." The label on a package of frozen yogurt, in addition to other required information, shall include a complete list of all ingredients in descending order or predominance; for the purposes of Part III (2VAC5-510-30 et seq.) of this chapter, the strains of bacteria may be collectively referred to as yogurt culture.
B. Frozen yogurt mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the definition of frozen yogurt.
C. Frozen yogurt mix may be shipped in a frozen state.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.19, 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.
2VAC5-510-220. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.20, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-230. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.21, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-240. Quiescently frozen confection.
A. Quiescently frozen confection means the frozen, sweetened, flavored product in the manufacture of which freezing has not been accompanied by stirring or agitation, generally known as quiescent freezing. This confection may be acidulated with harmless organic acid, may contain milk products, may be made with or without added harmless natural or artificial flavoring, with or without added harmless coloring. The finished product shall not contain more than one-half of 1.0% by weight of stabilizing agents. The finished product shall contain not less than 17% by weight of total food solids. This confection must be manufactured in the form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. In the production of this quiescently frozen confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.
B. Quiescently frozen confection mix is the unfrozen combination of ingredients that, when frozen, will produce a product conforming to the definition of quiescently frozen confection.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.22, 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.
2VAC5-510-250. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.23, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-260. Quiescently frozen dairy confection.
A. Quiescently frozen dairy confection means the frozen product made from water, pasteurized milk products, and sweetening agents, with added harmless coloring, with or without added stabilizing and emulsifying ingredients, and in the manufacture of which freezing has not been accompanied by stirring or agitation, generally known as quiescent freezing. It contains not less than 13% by weight of total milk solids, not less than 33% by weight of total food solids, not more than one-half of 1.0% by weight of stabilizing agents, not more than one-fifth of 1.0% by weight of monoglycerides or diglycerides or a combination of both, and not more than one-tenth of 1.0% by weight of polysorbate 65 or polysorbate 80 or a combination of both. This confection must be manufactured in the form of servings individually packaged, bagged, or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. In the production of this quiescently frozen dairy confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.
B. Quiescently frozen dairy confection mix is the pasteurized, unfrozen combination of ingredients that, when frozen, will produce a product conforming to the definition of quiescently frozen dairy confection.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.24, 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.
2VAC5-510-270. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.25, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-280. Manufactured desserts mix.
Manufactured desserts mix, whipped cream confection, or bisque tortoni means a pasteurized frozen dessert made with milk products, sweetening agents, flavoring agents, stabilizing agents, and emulsifying agents, with or without harmless coloring. It contains not less than 18% by weight of milkfat, not more than one-half of 1.0% by weight of stabilizing agents, not more than two-tenths of 1.0% by weight of monoglycerides or diglycerides of fat forming fatty acids or a combination of both, not more than one-tenth of 1.0% by weight of polyoxyethylene (20) sorbitan tristearate or polysorbate 80 (polyoxyethelene (20) sorbitan monooleate) or a combination of both, not more than 12% of milk solids not fat, and may be packaged with gas, as prescribed in 21 CFR Part 184, causing it to fluff upon ejection from the package or container.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.26, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-290. Mellorine.
A. Mellorine is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.130.
B. Mellorine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of mellorine in 21 CFR 135.130.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.27, 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.
2VAC5-510-300. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.28, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-310. Parevine.
A. Parevine is the food prepared by freezing while stirring a pasteurized mix composed of (i) one or more edible vegetable fats; (ii) any optional sweetening ingredient except lactose; and (iii) protein or any other source of carbohydrate food solids. Parevine shall not contain any milk or meat products or any derivatives of such products.
B. The fat content of parevine shall not be less than 10%, except that when bulky optional characterizing ingredients are used, the fat content may be reduced as a result of the addition of such ingredients, but shall in no case be less than 8.0%.
C. The content of food solids in parevine shall not be less than 1.3 pounds per gallon of the finished product.
D. The weight of the finished product shall not be less than 4.5 pounds per gallon.
E. Parevine shall be offered in the form of servings individually packaged, bagged, or wrapped and properly labeled and purveyed to the consumer in original plant-sealed container. When any artificial color or flavor is used in parevine directly or indirectly as a component of any other ingredient, then the label must bear the statement "Artificial color and flavor added," or similar words.
F. Parevine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of parevine in this section.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.29, 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.
2VAC5-510-320. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.30, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-330. Lowfat parevine.
A. Lowfat parevine is the food prepared by freezing while stirring a pasteurized mix composed of (i) one or more edible vegetable fats; (ii) any optional sweetening ingredient except lactose; and (iii) protein or any other source of carbohydrate food solids. Lowfat parevine shall not contain any milk or meat products nor any derivatives of such products.
B. The fat content of lowfat parevine shall not be more than 6.0%.
C. The content of food solids in lowfat parevine shall not be less than 1.3 pounds per gallon of the finished product.
D. The weight of the finished product shall not be less than 4.5 pounds per gallon.
E. Lowfat parevine shall be offered in the form of servings individually packaged, bagged, or wrapped and properly labeled and purveyed to the consumer in original plant-sealed container. When any artificial color or flavor is used in lowfat parevine directly or indirectly as a component of any other ingredient, then the label must bear the statement "Artificial color and flavor added," or similar words.
F. Lowfat parevine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of lowfat parevine in this section.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
Historical Notes
Derived from VR115-05-03 § 3.31, 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.
2VAC5-510-340. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.32, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
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.
2VAC5-510-360. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.34, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.
2VAC5-510-370. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.35, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-380. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.36, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-390. Imitation frozen desserts.
A. Imitation frozen dessert is any frozen substance, mixture, or compound, regardless of the name under which it is represented, that is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen and that is not ice cream, frozen custard, french ice cream, french custard ice cream, ice milk, fruit sherbet, water ice, nonfruit sherbet, nonfruit water ice, 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, or freezer made milk shake, 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 that contain no milk or other dairy product ingredients but contain dry whey, reduced minerals whey, whey protein concentrate, reduced lactose whey, or optional caseinates specified in 2VAC5-510-30 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 that are generally recognized as safe by the U.S. Food and Drug Administration or those that are permitted by this chapter in a frozen dessert.
C. No imitation frozen desserts shall be manufactured, sold, advertised, offered, or exposed for sale in the Commonwealth unless 30 days prior to such manufacture, advertisement, offer, exposure for sale, or sale, the manufacturer, offeror, or dealer files with the commissioner such intent. The filing required by this subsection 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.
D. Information filed pursuant to this section shall be confidential and used solely for administration and enforcement of this chapter.
E. Imitation frozen desserts shall be considered as frozen desserts in the enforcement of Parts IV (2VAC5-510-410 et seq.) 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; Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-510-400. (Repealed.)
Historical Notes
Derived from VR115-05-03 § 3.38, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.