Pennsylvania Statutes Title 31 P.S. Food § 417-9. Enforcement; rules and regulations

(a) The Department of Agriculture is charged with the enforcement of the provisions of this act: Provided, however, That the Department of Agriculture in the usual manner, or any person, committee or association composed of persons affected by this act or rules or regulations of the Department of Agriculture may institute such action at law or in equity as may appear necessary to enforce compliance with this act or any rule, regulation, definition or standard of identity of the Department made pursuant to the provisions of this act.

(b) The Department of Agriculture shall, after public hearing, adopt, promulgate and enforce definitions and standards of identity for frozen desserts and the mixes used in the manufacture thereof together with rules and regulations governing the packaging, labeling, sanitary requirements and all other conditions relating to the manufacture, processing, distribution and sale of frozen desserts, whether manufactured or processed in a regular manufacturing plant, in a counter freezer or otherwise, to carry out the purposes of this act, to prevent deception in the sale of frozen desserts and to safeguard the health of consumers. All definitions and standards of identity and rules and regulations promulgated by the Department shall be based on the hearing record and following any hearing to consider definitions and standards of identity, rules and regulations and labeling requirements or any of these, the Department shall issue a recommended decision and shall afford interested parties an opportunity to file exceptions based on the hearing record. The Department in issuing a final decision shall rule on any exceptions filed, setting forth its reasons therefor. Such regulations, when promulgated shall have the force and effect of law. The Department is hereby authorized to adopt insofar as applicable, the standards of identity and definitions from time to time promulgated by the Secretary of Health, Education and Welfare of the United States under the Federal Act Defining and Standardizing Frozen Desserts.