Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart A - Solid Foods › Chapter 39 - FROZEN DESSERTS STANDARDS › MISCELLANEOUS › Section 39.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Approved sampler
-A person certified by
						the Department to obtain samples of milk or milk products, including frozen
						desserts, for analysis by a Commonwealth approved laboratory.
Department
-The Department of Agriculture
						of the Commonwealth.
Dispensing freezer
-Equipment which
						freezes frozen desserts so they are served in a soft condition for sale to the
						customer.
FDA
-The United States Food and Drug
						Administration.
Frozen dessert licensee
-A person,
						whether a resident or nonresident of this Commonwealth, operating a frozen
						dessert plant, whose products are sold or offered for sale in this
						Commonwealth, who has applied, paid the annual license fee and been issued a
						valid license under section 7 of The Frozen Dessert Law (31 P. S. §
												417-7).
Frozen desserts
-Ice cream, frozen
						custard, French ice cream, French custard ice cream, frozen dietary dairy
						dessert, frozen yogurt, dietary frozen dessert or lowfat frozen dairy dessert,
						ice milk, freezer-made milk shakes, fruit sherbet, water ices, quiescently
						frozen confections, quiescently frozen dairy confections, whipped cream
						confections, bisque tortoni, mellorine frozen desserts, and products which are
						similar in appearance, odor or taste to the products or are prepared or frozen
						as such products are customarily prepared or frozen, whether made with dairy or
						nondairy products. The term does not include commonly known or designated
						bakery products as frozen cakes and pastries, cream pies and fillings and
						toppings, meringue pie fillings and toppings, cream and ice box pies, fruit and
						custard pie fillings, Boston cream pie fillings, cream puff fillings and
						custards, eclair and Napoleon fillings, and custards or similar
						products.
Frozen dessert plants
-Places, premises
						or establishments where frozen desserts are manufactured, prepared or processed
						for distribution or sale.
Generally recognized as safe
-Foods,
						substances and additives meeting the eligibility criteria set forth by the FDA
						at 21 CFR
						170.30 -
						170.38.
Label
-Written, printed or graphic matter
						attached to or on a package.
Mix
-A frozen dessert before being
						frozen.
Mobile unit
-Vehicles on which frozen
						desserts are manufactured, prepared, processed or converted, and which are used
						in selling and dispensing frozen desserts, including temporary buildings which
						may be moved from place to place.
Mobile unit depot
-Buildings from which
						mobile units operate and are cleaned and sanitized and where frozen desserts
						for sale from mobile units may be handled and stored.
Nonpermit holder
-A frozen dessert
						licensee not possessing a milk products permit.
Package
-Cartons, boxes, jars, bottles,
						pails, wrappers or other containers for frozen desserts.
Pennsylvania Approved Dairy Laboratory
-
(i) A commercial or regulatory
					 laboratory authorized by the Department to do official analyses of milk and
					 milk products, including frozen desserts.
(ii) A milk industry laboratory officially
					 designated by the Department for the examination of producer samples of raw
					 milk for pasteurization or of commingled raw milk for pasteurization for the
					 detection of growth inhibitor residues and bacterial limits. The laboratories
					 may also be designated for the examination of milk products, frozen desserts
					 and frozen desserts mixes, processed under their direct control.
Person
-An individual, corporation, firm,
						association or other form of business entity.
Retail manufacturer of frozen desserts
-A manufacturer of frozen desserts who uses a mix prepared by a Milk Products
						Permit Holder and sells frozen desserts only on premises where produced.
Seasonally (Seasonal)
-Production of
						frozen desserts of less than 5 months duration in a licensing year.
Secretary
-The Secretary of the
						Department or an authorized representative.
Standard of identity
-The set of criteria
						for the evaluation of product quality and consistency which, when satisfied,
						establishes the identity of a particular food for sale, marketing or
						distribution.
Wholesale manufacturer of frozen
						desserts
-A manufacturer who prepares a mix and manufactures frozen
						desserts or manufactures frozen desserts for sale off premises where
						produced.