Section 39.15. Ice milk

(a) Description. Ice milk is the food prepared from the same ingredients and in the same manner prescribed in § 39.12 (relating to ice cream and frozen custard) for ice cream and complies with § 39.12 including the requirements for label statement of optional ingredients, except that all of the following apply:

(1) Its content of milkfat is more than 2.0% but not more than 7.0%.

(2) Its content of total milk solids is not less than 11%.

(3) Caseinates may be added when the content of total milk solids is not less than 11%.

(4) The provision for reduction in milkfat and nonfat milk solids content from the addition of bulky flavors in § 39.12 applies, except that in no case will the milkfat content be less than 2%, nor the nonfat milk solids content be less than 4%. When the milkfat content increases in increments of 1% above 2% minimum, it may contain the following milkfat to nonfat milk solids levels.

Percent	Minimum percent
milkfat	nonfat milk solids
2 … 9
3 … 8
4 … 7
5 … 6
6 … 5
7 … 4

(5) The quantity of total solids per gallon is not less than 1.3 pounds.

(6) When any artificial coloring is used in ice milk, directly or as a component of any other ingredients, the label shall bear the statement ‘‘artificially colored,’’ ‘‘artificial coloring added,’’ ‘‘with added artificial color,’’ or ‘‘

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, an artificial color added,’’ the blank being filled in with the common or usual name of the artificial color. In lieu of this, in case the artificial color is a component of another ingredient, ‘‘

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artificially colored.’’

(7) If both artificial color and artificial flavoring are used, the label statements may be combined.

(b) Nomenclature. The name of the food is ice milk.

(c) Restriction upon sale. When ice milk containing characterizing flavor or color is sold either from a dispensing freezer or by dipping, the statement ‘‘Ice Milk Served Here’’ shall be included on a sign or menu board in reasonable proximity to the items containing ice milk. The letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing ice milk and on a contrasting background. A sign or menu board declaration is not required if the only method of advising customers on what items are being offered for sale is a menu furnished to the customer. In this case, the menu shall contain the statement ‘‘Ice Milk Served Here.’’ The statement shall be in reasonable proximity to the menu items containing ice milk, and the letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing ice milk. A menu listing ice milk or items prepared with ice milk shall conform to this subsection.

The provisions of this § 39.15 adopted June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242; amended June 2, 1989, effective June 3, 1989, 19 Pa.B. 2352. Immediately preceding text appears at serial pages (89849) to (89851).

Notation

Cross References

The section cited in 7 Pa. Code § 39.16 (relating to lactose reduced ice milk); 7 Pa. Code § 39.17 (relating to goat’s milk ice milk); and 7 Pa. Code § 39.31 (relating to freezer-made shakes, freezer-made milk shakes and freezer-made lowfat milk shakes).