Section 39.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Approved sampler—A person certified by the Department to obtain samples of milk or milk products, including frozen desserts, for analysis by a Commonwealth approved laboratory.

Department—The Department of Agriculture of the Commonwealth.

Dispensing freezer—Equipment which freezes frozen desserts so they are served in a soft condition for sale to the customer.

FDA—The United States Food and Drug Administration.

Frozen dessert licensee—A person, whether a resident or nonresident of this Commonwealth, operating a frozen dessert plant, whose products are sold or offered for sale in this Commonwealth, who has applied, paid the annual license fee and been issued a valid license under section 7 of The Frozen Dessert Law (31 P. S. § 417-7).

Frozen desserts—Ice cream, frozen custard, French ice cream, French custard ice cream, frozen dietary dairy dessert, frozen yogurt, dietary frozen dessert or lowfat frozen dairy dessert, ice milk, freezer-made milk shakes, fruit sherbet, water ices, quiescently frozen confections, quiescently frozen dairy confections, whipped cream confections, bisque tortoni, mellorine frozen desserts, and products which are similar in appearance, odor or taste to the products or are prepared or frozen as such products are customarily prepared or frozen, whether made with dairy or nondairy products. The term does not include commonly known or designated bakery products as frozen cakes and pastries, cream pies and fillings and toppings, meringue pie fillings and toppings, cream and ice box pies, fruit and custard pie fillings, Boston cream pie fillings, cream puff fillings and custards, eclair and Napoleon fillings, and custards or similar products.

Frozen dessert plants—Places, premises or establishments where frozen desserts are manufactured, prepared or processed for distribution or sale.

Generally recognized as safe—Foods, substances and additives meeting the eligibility criteria set forth by the FDA at 21 CFR 170.30—170.38.

Label—Written, printed or graphic matter attached to or on a package.

Mix—A frozen dessert before being frozen.

Mobile unit—Vehicles on which frozen desserts are manufactured, prepared, processed or converted, and which are used in selling and dispensing frozen desserts, including temporary buildings which may be moved from place to place.

Mobile unit depot—Buildings from which mobile units operate and are cleaned and sanitized and where frozen desserts for sale from mobile units may be handled and stored.

Nonpermit holder—A frozen dessert licensee not possessing a milk products permit.

Package—Cartons, boxes, jars, bottles, pails, wrappers or other containers for frozen desserts.

Pennsylvania Approved Dairy Laboratory—

(i) A commercial or regulatory laboratory authorized by the Department to do official analyses of milk and milk products, including frozen desserts.

(ii) A milk industry laboratory officially designated by the Department for the examination of producer samples of raw milk for pasteurization or of commingled raw milk for pasteurization for the detection of growth inhibitor residues and bacterial limits. The laboratories may also be designated for the examination of milk products, frozen desserts and frozen desserts mixes, processed under their direct control.

Person—An individual, corporation, firm, association or other form of business entity.

Retail manufacturer of frozen desserts—A manufacturer of frozen desserts who uses a mix prepared by a Milk Products Permit Holder and sells frozen desserts only on premises where produced.

Seasonally (Seasonal)—Production of frozen desserts of less than 5 months duration in a licensing year.

Secretary—The Secretary of the Department or an authorized representative.

Standard of identity—The set of criteria for the evaluation of product quality and consistency which, when satisfied, establishes the identity of a particular food for sale, marketing or distribution.

Wholesale manufacturer of frozen desserts—A manufacturer who prepares a mix and manufactures frozen desserts or manufactures frozen desserts for sale off premises where produced.

The provisions of this § 39.2 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5019. Immediately preceding text appears at serial pages (103196) and (89842).