Section 39.35. Lo-mel

(a) Lo-mel is a pure, clean wholesome semi-viscous drink prepared by stirring while freezing a pasteurized mix composed of milk solids not fat, water, and edible fats or oils other than milkfat. It may contain optional sweetening ingredients and any other safe and suitable ingredients approved by the Department.

(b) The content of milk solids not fat shall not be less than 10%.

(c) When lo-mel is sold, a sign or menu board must be prominently and conspicuously displayed where it can be clearly read by customers under normal condition of purchase, stating ‘‘Lo-Mel Served Here,’’ in bold face capitals at least as large as the letters used in listing items containing lo-mel and in contrasting color to the background. A sign or menu board is not required if the only method of advising the 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 ‘‘Lo-Mel Served Here.’’ A menu advertising lo-mel shall conform with this subsection.

(d) When lo-mel is represented for special dietary use by man, it shall be sold in a labeled container. The label shall include 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 as required by 21 CFR 101.9 (relating to nutrition labeling of food).

The provisions of this § 39.35 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial page (1517).