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 2VAC5-510-30 - Ice cream; identity; label statement of optional ingredients

Current through Register Vol. 40, No. 24, July 15, 2024
A. Ice cream is the
				  food prepared by freezing, while stirring, a pasteurized mix composed of one or
				  more of the optional ingredients specified in subsection C of this section,
				  sweetened with one or more of the optional sweetening ingredients specified in
				  subsection D of this section. One or more of the optional characterizing
				  ingredients specified in subsection B of this section and one or more of the
				  optional ingredients specified in subdivisions 5 to 10 of subsection D may be
				  used to characterize the ice cream. One or more of the optional caseinates
				  specified in subsection E and one or more of the optional ingredients specified
				  in subsection F of this section may be used, subject to the conditions
				  hereinafter set forth. The mix may be seasoned with salt, and may be
				  homogenized. The kind and quantity of optional dairy ingredients used, as
				  specified in subsection C of this section, and the content of milk fat and
				  nonfat milk solids therein, are such that the weights of milkfat and total milk
				  solids are not less than 10% and 20%, respectively, of the weight of the
				  finished ice cream; but in no case shall the content of milk solids not fat be
				  less than 6.0%, except that when one or more of the bulky optional ingredients
				  as specified in subdivisions 3 to 8 of subsection B, inclusive, of this
				  section, are used, the weights of milkfat and total milk solids (exclusive of
				  such fat and solids in any malted milk used) are not less than 10% and 20%,
				  respectively, of the remainder obtained by subtracting the weight of such
				  optional ingredients, modified as prescribed in this subsection, from the
				  weight of the finished ice cream; but in no case is the weight of milkfat or
				  total milk solids less than 8.0% and 16%, respectively, of the weight of the
				  finished ice cream. The optional caseinates specified in subsection E of this
				  section are not deemed to be milk solids. In calculating the reduction of
				  milkfat and total milk solids from the use of bulky optional ingredients,
				  chocolate and cocoa solids used shall be considered the bulky ingredients of
				  subdivision 3 of subsection B of this section. In order to make allowance for
				  additional sweetening ingredients needed when bulky ingredients are used, the
				  weight of chocolate or cocoa solids may be multiplied by 2.5; the weight of
				  fruit or nuts used may be multiplied by 1.4; and the weight of partially or
				  wholly dried fruits or fruit juices may be multiplied by appropriate factors to
				  obtain the original weights before drying and this weight multiplied by 1.4.
				  The finished ice cream contains not less than 1.6 pounds of total solids to the
				  gallon and weighs not less than 4.5 pounds to the gallon; except that when the
				  optional ingredient microcrystalline cellulose specified in subdivision 6 of
				  subsection F of this section is used, the finished ice cream contains not less
				  than 1.6 pounds of total solids to the gallon and weighs not less than 4.5
				  pounds to the gallon exclusive, in both cases, of the weight of the
				  microcrystalline cellulose. Artificial flavoring in any chocolate, cocoa,
				  confectionary, or other ingredient used is an optional ingredient of the
				  finished ice cream. Coloring, including artificial coloring, may be
				  added.
B. The optional
				  characterizing ingredients referred to in subsection A. of this section are:
1. Ground spice, ground vanilla beans,
				  infusion of coffee or tea, or any natural food flavoring.
2. Artificial food flavoring.
3. Chocolate or cocoa, which may be added as
				  such or as a suspension in sirup, and which may contain disodium phosphate or
				  sodium citrate in such quantity that the finished ice cream contains not more
				  than 0.2% by weight of disodium phosphate or sodium citrate. For the purposes
				  of this section, the term "cocoa" means one or any combination of two or more
				  of the following: Cocoa, breakfast cocoa, lowfat cocoa, and the unpulverized
				  residual material prepared by removing part of the fat from ground cacao
				  nibs.
4. Mature fruit or the juice
				  of mature fruit, either of which may be fresh, frozen, canned, concentrated, or
				  partially or wholly dried. The fruit may be whole, shredded, or comminuted; it
				  may be sweetened, thickened with pectin or with one or more of the ingredients
				  named in subdivision 2 of subsection F of this section, subject to the
				  restriction on the total quantity of such substances in ice cream prescribed in
				  that subdivision, and it may be acidulated with citric acid, ascorbic acid, or
				  phosphoric acid. The fruit is prepared by the removal of pits, seeds, skins,
				  and cores, where such removal is used in preparing that kind of fruit for
				  consumption as fresh fruit. In the case of fruit or fruit juice from which part
				  of the water is removed, the substances contributing flavor volatilized during
				  water removal may be condensed and reincorporated in the concentrated fruit or
				  fruit juice. In the case of the citrus fruits the whole fruit, including the
				  peel but excluding the seeds, may be used, and in the case of citrus juice or
				  concentrated citrus juice, cold-pressed citrus oil may be added in an amount
				  not exceeding that which would have been obtained if the peel from the whole
				  fruit had been used. For the purposes of this section the flesh of the coconut
				  shall be considered a fruit.
5. Nut
				  meats, which may be roasted, cooked in an edible fat or oil, or preserved in
				  sirup, and which may be salted.
6.
				  Malted milk.
7. Confectionary. For
				  the purposes of this section, the term "confectionery" means candy, cakes,
				  cookies, and glaced fruits.
8.
				  Properly prepared and cooked cereal.
9. Distilled alcoholic beverage, including
				  liqueurs or wine, in an amount not to exceed that required for flavoring the
				  ice cream.