Section 39.29. Dietary frozen dessert or low fat frozen dairy dessert

(a) Dietary frozen dessert or lowfat frozen dairy dessert is a food prepared by freezing while stirring, a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and frozen custard). The finished product contains less than 2.0% by weight of either extractable fat, and its content of total milk solids consists of ingredients listed in § 39.12(b) and is not less than 7.0% by weight. The product weighs no less than 4.5 pounds per gallon, and the total solids per gallon is not less than 1.1 pounds nor more than 1.9 pounds, exclusive of any microcrystalline cellulose used as an ingredient.

(b) One or more vitamins or minerals listed in 21 CFR 101.9(c)(7)(iv) (relating to nutrition labeling of food) may be added to the product. If vitamins or minerals are added, the name of the food on the principal display panel shall be immediately preceded or followed by the word ‘‘fortified’’ in the same style and at least one-half the size of the type used for the name dietary frozen dessert or lowfat frozen dairy dessert and on the same contrasting background. If vitamins or minerals are added, each 4 fluid ounce serving of finished product shall provide no less than 8.0% nor more than 20% of the United States Recommended Daily Allowance of such vitamins or minerals.

(c) The name of the food is dietary frozen dessert or lowfat frozen dairy dessert. In addition to all other required information, it 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 101.9 and 101.22(h) and (i) (relating to nutrition labeling of food and foods; labeling of spices, flavorings, colorings and chemical preservatives).

(d) Dietary frozen dessert or lowfat frozen dairy dessert may be sold only in properly labeled factory filled containers, except that dietary frozen dessert or lowfat frozen dairy dessert may be sold from a dispensing freezer. When dietary frozen dessert or lowfat frozen dairy dessert is sold from a dispensing freezer, a sign or menu board shall be displayed in a location where it can be easily read by customers under normal conditions of sale. When items containing dietary frozen dessert or lowfat dairy dessert are listed on a sign or menu board, the statement ‘‘Dietary Frozen Dessert Served Here’’ or ‘‘Lowfat Frozen Dairy Dessert Served Here’’ shall be included in reasonable proximity to the items containing dietary frozen dessert or lowfat frozen dairy dessert. The letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing dietary frozen dessert or lowfat frozen dairy dessert and shall be on a contrasting background. No sign or menu board declaration shall be required if the only method of advising customers on what items are being offered for sale is a menu furnished to the customer. In such case the menu shall contain the statement ‘‘Dietary Frozen Dessert Served Here’’ or ‘‘Lowfat Frozen Dairy Dessert Served Here.’’ Such statement shall be in reasonable proximity to the menu items containing dietary frozen dessert or lowfat frozen dairy dessert and the letters on such statement shall be bold face capitals at least as large as the letters used in listing items containing dietary frozen dessert or lowfat frozen dairy dessert. Any menu listing dietary frozen dessert or lowfat dairy dessert items prepared with dietary frozen dessert or lowfat frozen dairy dessert shall conform with this subsection.

(e) Dietary frozen dessert or lowfat frozen dairy dessert may be dipped from a properly labeled bulk container. If dietary frozen dessert or lowfat frozen dairy dessert is served in this manner, a sign shall be displayed where it can be easily read by customers under normal conditions of purchase stating ‘‘Dietary Frozen Dessert Served Here’’ or ‘‘Lowfat Frozen Dairy Dessert Served Here.’’ The letters on the sign shall be bold face capitals at least 3 inches in height and on a contrasting background.

(f) If items containing dietary frozen dessert or lowfat frozen dairy dessert are listed on a menu board, the statement ‘‘Dietary Frozen Dessert Served Here’’ or ‘‘Lowfat Frozen Dairy Dessert Served Here’’ shall be included on the menu board in reasonable proximity to the items containing dietary frozen dessert or lowfat frozen dairy dessert. The letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing dietary frozen dessert or lowfat frozen dairy dessert. No sign or menu board declaration shall be required if the only method of advising customers on what items are being offered for sale is a menu furnished to the customer. In such a case, the menu shall contain the statement ‘‘Dietary Frozen Dessert Served Here’’ or ‘‘Lowfat Frozen Dairy Dessert Served Here.’’ This statement shall be in reasonable proximity to the menu items containing dietary frozen dessert or lowfat frozen dairy dessert, and the letters on the statement shall be bold face capitals at least as large as the letters used in listing items containing dietary frozen dessert or lowfat frozen dairy dessert. Any menu listing dietary frozen dessert or lowfat frozen dairy dessert or items prepared with dietary frozen dessert or lowfat frozen dairy dessert shall conform to this subsection.

The provisions of this § 39.29 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial page (1515).