Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 510 - RULES AND REGULATIONS GOVERNING THE PRODUCTION, PROCESSING, AND SALE OF ICE CREAM, FROZEN DESSERTS, AND SIMILAR PRODUCTS › Part III - Standards of Identity › Section 2VAC5-510-390 - Imitation frozen desserts; identity; prohibitions, exceptions, filings confidential

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Imitation frozen dessert is any frozen substance, mixture or compound
				  regardless of the name under which it is represented, which is made in
				  imitation or semblance of ice cream, or is prepared or frozen as ice cream is
				  customarily prepared or frozen, and which is not Ice Cream; Frozen Custard;
				  French Ice Cream; and French Custard Ice Cream; Ice Milk; Fruit Sherbets; Water
				  Ices; Non-Fruit Sherbets; Non-Fruit Water Ices; Artificially Sweetened Ice
				  Cream or Frozen Dietary Dessert; Artificially Sweetened Ice Milk; Frozen
				  Yogurt; Quiescently Frozen Confection; Quiescently Frozen Dairy Confection;
				  Mellorine; Parevine; Lowfat Parevine; Freezer Made Milk Shakes; and Freezer
				  Made Shakes, as established by definitions and standards of identity in Part
				  III (2VAC5-510-30 et seq.) of this
				  chapter.
B. Powder or dry imitation
				  frozen desserts mixes which contain no milk or other dairy product ingredients
				  but contain dry whey, reduced minerals whey, whey protein concentrate, reduced
				  lactose whey and/or optional caseinates specified in
				  2VAC5-510-30 E are exempted from
				  the pasteurization requirements of Part XII (2VAC5-510-550 et seq.) of this
				  chapter. The wheys, caseinates or egg ingredients used in the formulation of
				  these mixes shall have been pasteurized or subjected to any other method of
				  process demonstrated to be equally efficient. Powder or dry imitation frozen
				  dessert mixes shall contain no ingredients except those which are generally
				  recognized as safe by the Federal Food and Drug Administration or those which
				  are permitted by this chapter in a frozen dessert.
C. Imitation frozen desserts sold at the
				  retail level may be drawn from a dispensing freezer and a sign must be plainly
				  marked "Imitation....," the blank being filled in with the name of the frozen
				  dessert imitated, in a manner conspicuous to the public in letters at least
				  three inches in height. Imitation frozen desserts shall not be dispensed for
				  sale from packages or containers. "Dispensed" shall mean dipping and scooping
				  from packages or containers.
D. No
				  imitation frozen desserts shall be manufactured, sold, advertised, offered or
				  exposed for sale in this Commonwealth unless 30 days prior to such manufacture,
				  advertisement, offer, exposure for sale or sale, the manufacturer, offeror or
				  dealer shall file with the commissioner such intent. The filing herein required
				  shall be on forms supplied by the commissioner and shall include such
				  information as the name under which the imitation frozen dessert is to be
				  advertised or offered for sale, ingredients including any optional ingredients,
				  proportion of ingredients expressed in a percentage, method of preparation, and
				  any other relevant information the commissioner may require.
E. Information filed pursuant to this section
				  shall be confidential and used solely for administration and enforcement of
				  this chapter.
F. Imitation frozen
				  desserts shall be considered as frozen desserts in the enforcement of Parts IV
				  (2VAC5-510-410 ) through XIV
				  (2VAC5-510-630 et seq.) of this
				  chapter.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of
						Virginia.