Section 39.39. Nonfat frozen dessert or frozen dairy dessert

(a) Description. Nonfat frozen desserts and frozen dairy desserts are the foods prepared from the same ingredients and in the same manner prescribed for ice cream in § 39.12 (relating to ice cream and frozen custard). These products shall comply with § 39.12, including the requirements for label statement of optional ingredients, except that:

(1) Sweetening agents and fat substitutes that are ‘‘safe and suitable,’’ as that term is defined by the FDA and published at 21 CFR 103.3(d) (relating to definitions), may be used.

(2) Its content of milk fat is less than 0.5%.

(3) Its content of total milk solids per gallon before the addition of bulky flavors is at least 0.45 pounds.

(4) Caseinates may be added when the content of total milk solids per gallon before the addition of bulky flavors is at least 0.45 pounds.

(5) The quantity of food solids per gallon is at least 1.3 pounds.

(6) The weight per gallon is at least 4 pounds.

(b) Nomenclature. The name of the frozen dessert shall be nonfat frozen dessert or frozen dairy dessert.

(c) Labeling. In addition to meeting the requirements of § 39.4 (relating to contents of labels), the food shall be labeled in accordance with 21 CFR Part 101 (relating to food labeling) and the label shall contain:

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

(2) Nutritional information as described at 21 CFR 101.9 (relating to nutrition labeling of food).

The provisions of this § 39.39 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5019.