CHAPTER 60

An Act to amend and reenact §§ 8-451.1, 8-451.5, 3-451.6, and 8-451.7, as
severally amended, of the Code of Virginia of 1950, relating to ice
cream and other frozen products and mixes; to add a new section
he 8-451.11:1; and to repeal § 8-451.11, relating to the same
subject.
Be it enacted by the General Assembly of Virginia:

1. That §§ 3-451.1, 3-451.5, 3-451.6 and 3-451.7, as severally amended,
of the Code of Virginia, be amended and reenacted as follows:

§ 3-451.1. (a) Ice cream is defined to be the food prepared by
freezing, while stirring, a pasteurized mix composed of one or more of
the optional dairy ingredients specified in subsection (b) of this section,
sweetened with one or more of the optional sweetening ingredients speci-
fied in subsection (c) of this section, flavored with one or more of the
optional flavoring ingredients specified in subsection (d) of this section.
One or more of the optional egg ingredients specified in subsection (e) may
be used; one or more of the optional stabilizing ingredients specified in
subsection (f) may be used * subject to the conditions (e) and (f) -as
the case may be. *

Harmless vegetable or certified coloring may be added. The mix may
be seasoned with salt and may be homogenized. Water may be added. The
kind and quantity of optional dairy ingredients used, and the content of
milk fat and total milk solids are such that the milk fat and total milk
solids are not less than ten per cent and twenty per cent respectively of
the weight of the finished ice cream, except that when one or more of the
optional flavoring ingredients specified in § 3-451.1 (d) (4), (5), (6), (7),
(8), or § 3-451.1 (e) are used, then the weight of the milk fat and total
milk solids are not less than ten per cent and twenty per cent respectively,
except for such reduction in milk fat and in total milk solids as is due to
the addition of one or more of the optional ingredients specified in § 3-451.1
(d), (4), :(5), (6), (7), (8), or § 3-451.1 (e), but in no case shall it con-
tain less than eight per cent of milk fat nor less than sixteen per cent of
total milk solids. Ice cream shall contain not less than 1.6 pounds of total
food solids per gallon and shall weigh not less than 4.5 pounds per gallon.

(b) The optional dairy ingredients referred to in subsection (a) of
this section are cream, dried cream, butter, butter oil, concentrated milk
fat, milk, concentrated milk, evaporated milk, sweetened condensed milk,
superheated condensed milk, dried milk, skim milk, concentrated (evapo-
rated or condensed) skim milk, superheated condensed partly skimmed
milk, nonfat dry milk solids, * sweet cream buttermilk, condensed sweet
cream buttermilk, dried sweet cream buttermilk, and any of the foregoing
products from which all or a portion of lactose has been removed after
crystallization or the lactose has been converted to simple sugars by hy-
drolysis, and other dairy ingredients as are permitted for use in ice cream
by the Federal Food and Drug Administration.

(c) The optional sweetening ingredients referred to in subsection (a)
of this section are sugar, liquid sugar, dextrose, invert sugar, (paste or
syrup), lactose, corn sugar, dried or liquid corn syrup, maple syrup, maple
sugar, honey, brown sugar, malt syrup, dried malt extract, molasses
(other than blackstrap).

(d) The optional ingredients referred to in subsection (a) of this
section are (1) natural food flavoring, (2) artificial food flavoring, (3)
fruit juice, which may be fresh, frozen, canned concentrated or dried and
which may be sweetened and thickened with one or more of the optional
stabilizing ingredients specified in § 3-451.1 (f), (4) chocolate, (5) cocoa,
(6) fruit which may be fresh, frozen, canned, concentrated, shredded,
pureed, comminuted or dried and which may be sweetened, thickened with
stabilizer, and acidulated with citric, tartaric, malic, lactic or ascorbic acid,
(7) nut meats, and (8) confectionery.

(e) Liquid eggs, frozen eggs, dried eggs, egg yolks, frozen volks,
dried yolks; but the total weight of egg yolk solids in any such ingredients
used singly, or in combination of two or more such ingredients used, is
less than the minimum prescribed by § 3-451.3 for French ice cream.

(f) The optional stabilizing ingredients specified in subsection (a) of
this section are gelatin, algin, extractive of Irish Moss, Psyllium seed husk,
agar agar, gum acacia, gum karaya, locust bean gum, gum tragacanth,
cellulose gum (CMC), guar seed gum, or other harmless stabilizers or
emulsifiers as are permitted for use in ice cream by the Federal Food and
Drug Administration, but the total weight of the active material contained
in the solids of any such ingredients used singly or of any combination of
two or more such ingredients used, is not more than 0.5 per centum of the
weight of the finished ice cream.
2

§ 8-451.5. Ice milk * conforms in all respects to the definition of and
standard of identity for ice cream prescribed in § 3-451.1, except that it
contains not less than * 2.0 per centum but not more than * 7.0 per centum
of milk fat and not less than 11 per centum total milk solids and except
that it contains not less than 1.3 pounds of food solids per gallon. When ice
milk * is packaged in containers of greater than one-half gallon capacity,
it does not contain color or any of the optional flavoring ingredients speci-
fied in § 3-451.1 (d).

§ 3-451.6. Ice milk * mix is the unfrozen combination of ingredients
which when frozen while stirring will produce a product conforming to the
definition of ice milk. *

§ 3-451.7. Sherbet is the food prepared by freezing, while stirring,
a pasteurized mix composed of one or a combination of the optional dairy
ingredients specified in § 3-451.1 (b), one or more of the optional sweeten-
ing ingredients specified in § 3-451.1 (c), fruit, fruit juice, or flavoring as
hereinafter provided. It may contain one or more of the optional stabilizing
ingredients specified in § 8-451.1 (f) or pectin, provided the weight of such
stabilizer is not more than 0.5 per centum of the weight of the finished
sherbet. The kind and quantity of optional dairy ingredients used is such
that the total milk solids content is not less than * 2 per centum nor more
than 5 per centum by weight of the finished sherbet and the milk fat
content is not * less than * 1 per centum and not more than 2 per centum
by weight of the finished sherbet. It contains fruit or fruit juice as
described in § 3-451.1 (d), (3) and § 3-451.1 (d), (6), natural or artificial
food flavoring. It may contain citric, tartaric, malic, phosphoric, lactic or
ascorbic acid. The acidity of the finished sherbet shall be not less than 0.35
per centum of acid as determined by titrating with standard alkali and
expressed as lactic acid. It weighs not less than 6.0 pounds per gallon. The
flavor designation of sherbet shall be prominently displayed on all con-
sumer packages of the finished products.

2. That the Code of Virginia be amended by adding a section numbered
3-451.11:1, as follows:

§ 3-451.11:1. Quiescently frozen dairy confections mean a clean and
wholesome frozen product made from water, one or more of the optiona
dairy ingredients specified in § 8-451.1 (b), one or more of the optiona
sweetening ingredients specified in § 3-451.1 (c), with added harmless
pure or imitation flavoring, and with or without added harmless coloring.
It may contain one or more of the stabilizing ingredients specified im
8 8-451.1 (f) not in excess of 0.5 per cent. It shall be manufactured im
such a manner in which freezing is not accompanied by stirring or agita
tion. It contains not less than 18 per cent by weight of total milk solids
and not less than 38 per cent by weight of total food solids.

_ This confection must be manufactured in the form of servings, in.
dividually packaged, bagged or otherwise wrapped, labeled in accordance
with § 3-451.18 and purveyed to the consumer in its original factory fillec
package.

In the production of these quiescently frozen dairy confections, nc
processing or mixing prior to quiescent freezing shall be used that develop:
mn the finished confection mix any physical expansion in excess of 10 per
cent.

Quiescently frozen confections mean a clean wholesome frozen,
sweetened, flavored product in the manufacture of which freezing has not
been accompanied by stirring or agitation. This confection may be acidu-
lated with one or more of the harmless organic acids specified in § 8-451.7,
may contain one or more of the optional dairy ingredients specified in
§ 8-451.1 (b), may be made with or without added harmless pure or
wmitation flavoring, and with or without added harmless coloring. The
finished product may contain one or more of the optional stabilizing in-
gredients specified in § 3-451.1 (f) not in excess of 0.5 per cent by weight of
the finished product. The finished product shall contain not less than 17
per cent by weight of total food solids.

This confection must be manufactured in the form of servings, 1n-
dividually packaged, bagged or otherwise wrapped, labeled in accordance
with § 3-451.18, purveyed to the consumer in its original factory filled
package.

In the production of these quiescently frozen confections, no processing
or mixing, prior to quiescent freezing, shall be used that develops in the
finished confection mix any physical expansion in excess of 10 per cent.
3. That § 3-451.11 of the Code of Virginia is repealed.