Section 39.11. Temporary marketing permit

Frozen desserts to be sold in this Commonwealth shall conform with established definitions and standards of identity, except that a person holding a current Pennsylvania frozen dessert license who wishes to manufacture a frozen dessert for which a standard of identity has not been promulgated by the Secretary, may make application to the Secretary for a temporary marketing permit to market the product. The application shall be on a form furnished by the Secretary and shall contain information that the Secretary may require. The permit shall be for a period not to exceed 1 year, although the temporary marketing permit may be extended for a period of up to 1 year by the Secretary if a new standard of identity has been introduced under section 9(b) of the Frozen Dessert Law (31 P. S. § 417-9). The Secretary may revoke a permit if the application contains misleading statements, or if the Secretary determines that unfair competitive advantage is gained through the issuance of the permit, or that the need no longer exists for a permit.

The provisions of this § 39.11 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial pages (1510) to (1511).