Section 39.31. Freezer-made shakes, freezer-made milk shakes and freezer-made lowfat milk shakes

(a) A freezer-made milk shake is a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing a pasteurized mix consisting of the ingredients prescribed for ice milk in § 39.15 (relating to ice milk) except that:

(1) It shall contain not less than 3.25% and not more than 6.0% milkfat.

(2) Its content of milk solids not fat shall not be less than 10%.

(3) It may contain a sweetner that has been affirmed as generally recognized as safe or has been approved as a food additive for this use by the FDA in place of, or in combination with, nutritive carbohydrate sweetners.

(b) Freezer-made lowfat milk shake means the same product as that described in subsection (a) except that it shall contain at least 0.5% and not more than 2% milkfat.

(c) Other freezer-made shakes including jumbo shake, thick shake, T.V. shake, or any coined or trade name containing the word ‘‘shake’’ shall meet the requirements of subsection (a), except that the minimum percent of milkfat may be less than 3.25%.

(d) ‘‘Shakes’’ not meeting the requirements for ‘‘milk shake’’ shall not be advertised, sold or served as milk shakes.

(e) When any freezer-made milk shake or other freezer made shake is represented for special dietary use by man, it shall be sold only in a container, the label on which shall contain the name of the food, a complete list of ingredients in accordance with 21 CFR 101.4 (relating to food; designation of ingredients) and nutrition information required by 21 CFR 101.9 (relating to nutrition labeling of food).

The provisions of this § 39.31 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 page (89866).