Section 39.21. Nonfruit water ice

(a) Nonfruit water ice is an ice having a characterizing fruit like flavor, but it shall not contain any fruit or fruit juice. Nonfruit water ice is prepared while stirring a mix composed of all of the following:

(1) Characterizing fruit like flavors.

(2) One or more nutritive sweeteners.

(3) Any other safe and suitable ingredient approved by the Department.

(b) The finished nonfruit water ice weighs not less than 6 pounds per gallon.

(c) In addition to all other required information the label shall:

(1) Contain a complete list of ingredients, in accordance with 21 CFR 101.4 (relating to food; designation of ingredients).

(2) Comply with 21 CFR 101.22 (relating to foods; labeling of spices, flavorings, colorings, and chemical preservatives).

(3) Contain the following statement ‘‘Imitation

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water ice.’’ The blank is to be filled in by the characterizing flavor used. The letters in the word imitation shall be the same size, type and color and on the same contrasting background as the name of the characterizing flavor and the words ‘‘water ice.’’

(4) The statement required in paragraph (3) shall be followed immediately by the words ‘‘contains no fruit or fruit juice’’ in letters at least half the size of those used in paragraph (3).

(5) When a sign is used at the point of purchase to advertise nonfruit water ice, it shall contain the name of the food and the same information as required in paragraphs (3) and (4).

(6) When nonfruit water ice is sold other than in properly labeled factory filled containers, a sign or menu board must be conspicuously displayed on the sale premises or vehicle where it can be clearly read by customers under normal conditions of purchase, stating the name of the food and the information required in paragraphs (3) and (4). The statement shall be in reasonable proximity to the menu items containing nonfruit water ice and the letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing nonfruit water ice. Any menu listing nonfruit water ice or items prepared with nonfruit water ice shall conform to this paragraph.

(7) The sign or menu board required under paragraph (6) need not be used if each customer is provided with a menu stating the name of the food and the information required in paragraphs (3), (4) and (6) in bold face capitals as large as those used in listing items containing nonfruit water ice.

The provisions of this § 39.21 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial page (1513).