§ 39.28. Frozen dietary dairy dessert.
(a) Frozen dietary dairy dessert is a frozen dessert prepared for persons who wish to restrict their intake of ordinary sweetening ingredients. It is produced by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and frozen custard). The minimum fat content shall be 3.0%, and it shall contain no sugars other than those naturally present in the milk solids or flavoring agents which have been added. It may contain edible carbohydrates other than sugars. The edible carbohydrates must be approved by the Department.
(b) The name of the food is frozen dietary dairy dessert.
(c) The label on a package of frozen dietary dairy dessert in addition to other required information shall:
(1) Contain a complete list of ingredients, in accordance with 21 CFR 101.4 (relating to food; designation of ingredients).
(2) Contain a statement as follows: ‘‘Diabetics: This product may be useful in your diet on the advice of a physician. This food is not a reduced calorie food.’’
(3) Immediately preceding or following the name of the product contain a statement as follows: ‘‘Contains
% milkfat.’’ The blank shall be filled in with the percentage of milkfat in the product.(4) Comply with 21 CFR 101.9 and 101.22(h) and (i) (relating to nutrition labeling of food and foods; labeling of spices, flavorings, colorings and chemical preservatives).
(d) The product shall be sold in only sealed or unbroken packages or containers except that it may be sold from a dispensing freezer or dipped from a properly labeled bulk container. The container in which it is served shall contain the information required in subsection (c), or identical information shall be supplied in printed form to the customer at the time of service.
Source The provisions of this § 39.28 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial page (1515).
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