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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) It is hereby declared that the dairy industry is a paramount industry of the Commonwealth and the production, processing, packaging, distribution and sale of frozen desserts is an important segment of the dairy industry and is of vast economic importance to the Commonwealth and of vital importance to the consuming public of the Commonwealth, and which should be encouraged and promoted in the public interest. It is further declared to be in the interest of the dairy industry and of the consuming public that there be uniformity of standards for frozen desserts as between the various states and the Federal government to the end that there may be free movement of frozen desserts between the states and to the end that the inefficiency, needless expense, and confusion caused by differences in products sold under the same name, and differences in labeling of identical products may be eliminated.
It is further declared to be the purpose of this act to promote honesty and fair dealing in the interest of consumers, to insure fair competition as between the manufacturers and distributors of the different products and to prevent confusion and deception in the sale of all such products by establishing definitions and standards of identity for such products, and by providing for rules and regulations which will effect their orderly marketing and insure uniform and proper sanitary standards.
(b)(1) For the purpose of this act, and for any rules, regulations, definitions, standards of identity, or labeling requirements promulgated pursuant thereto, the term “frozen desserts” shall be deemed to include ice cream, frozen custard, french ice cream, french custard ice cream, artificially sweetened ice cream, artificially sweetened ice milk, ice milk, freezer made milk shakes, fruit sherbet water ice, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, mellorine frozen desserts as all such products are commonly known, together with any mix used in such frozen desserts and any products which are similar in appearance, odor, or taste to such products or are prepared or frozen as such products are customarily prepared or frozen, whether made with dairy or non-dairy products but shall not apply to such 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 the like.
(2) For the purpose of this act, a “frozen dessert plant” shall mean any place, premises or establishment where frozen dessert is manufactured, prepared or processed for distribution or sale.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 31 P.S. Food § 417-1. Declaration of policy; definitions - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-31-ps-food/pa-st-sect-31-417-1/
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