Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › STANDARDS FOR FROZEN DESSERTS › Section 39.12 - Ice cream and frozen custard

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Description.
(1) Ice cream
					 is a food produced by freezing, while stirring, a pasteurized mix consisting of
					 one or more of the optional dairy ingredients specified in subsection (b). Ice
					 cream may contain one or more of the optional caseinates specified in
					 subsection (c), subject to the conditions set foth in this chapter, and other
					 safe and suitable nonmilk-derived ingredients and excluding other food fats,
					 except natural components of flavoring ingredients used or added in incidental
					 amounts to accomplish specific functions. Ice cream is sweetened with nutritive
					 carbohydrate sweeteners and may or may not be characterized by the addition of
					 flavoring ingredients.
(2) 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. Ice cream contains not less than
					 10% milkfat, not less than 10% nonfat milk solids, except that when it contains
					 milkfat at 1.0% increments above the 10% minimum, it may contain the following
					 milkfat-to-nonfat milk solids levels:
Percent milkfat
Minimum percent nonfat milk solids
10
								  .....................................................................................
								  10
11
								  .......................................................................................
								  9
12
								  .......................................................................................
								  8
13
								  .......................................................................................
								  7
14
								  .......................................................................................
								  6
When one or more bulky flavors are used, the weights of
						milkfat and total milk solids are not less than 10% and 20%, respectively, of
						the remainder obtained by subtracting the weight of the bulky flavors from the
						weight of the finished food. 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
						food. Except in the case of frozen custard, ice cream contains less than 1.4%
						egg yolk solids by weight of the food, exclusive of the weight of any bulky
						flavoring ingredients used. Frozen custard shall contain not less than 1.4% egg
						yolk solids by weight of the finished food; however, when bulky flavors are
						added the egg yolk solids content of frozen custard may be reduced in
						proportion to the amount by weight of the bulky flavors added, but in no case
						is the content of egg yolk solids in the finished food less than 1.12%. A
						product containing egg yolk solids in excess of 1.4%, the maximum set forth in
						this paragraph for ice cream, may be marketed if labeled as specified by
						subsection (e)(1).
(3) When
					 calculating the minimum amount of milkfat and nonfat milk solids required in
					 the finished food, the solids of chocolate or cocoa used shall be considered a
					 bulky flavoring ingredient. In order to make allowance for additional
					 sweetening ingredients needed when certain bulky ingredients are used, the
					 weight of chocolate or cocoa solids used 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 may be multiplied by
					 1.4.