W. Va. Code R. § 61-4B-4

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 61-4B-4 - Definitions and Standards of Identity
4.1. The provisions of 21 CFR Part 135 establish standards of identity for ice cream, frozen custard, french ice cream, french custard ice cream, goat's milk ice cream, goat's milk frozen custard, goat's milk trench ice cream, ice milk, goat's milk ice milk, mellorine, fruit sherbet and non-fruit sherbet.
4.2. Frozen yogurt is the food which is prepared by freezing while stirring a mix consisting of the ingredients permitted in ice cream. All dairy ingredients shall be pasteurized or ultrapasteurized. Safe and suitable sweetening agents may be used. Such ingredients are cultured after pasteurization by one or more strains of Lactobacillus bulgaricus and Streptococcus thermophilus. Fruit, nuts, or other flavoring materials may be added before or after the mix is pasteurized and cultured. The standard plate count requirement for frozen desserts applies only to the mix prior to culturing. Frozen yogurt, exclusive of any flavoring, shall contain not less than 3.25% milkfat, not less than 8.25% milk solids not fat, and have a titratable acidity of not less than 0.3% expressed as lactic acid. This characteristic acidity is developed because of the bacterial activity, and no heat or bacteriostatic treatment, other than refrigeration, which results in destruction or partial destruction of the organisms, shall be applied to the product after such culturing. Frozen yogurt finished product shall weigh not less than 5 pounds per gallon. On the label the strains of bacteria may be collectively referred to as yogurt culture. The name of the food is frozen yogurt.
4.3. 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 in ice cream. 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 name of the food is frozen dietary dairy dessert.
4.3.a. The statement "contains % milkfat" shall be placed prominently on the label. The blank shall be filled in with the percentage of milkfat in the product.
4.4. Milkshake is the food which is prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted in ice cream. Safe and suitable sweetening agents may be used. Caseinates may be added. Milkshakes, exclusive of any flavoring, shall not contain less than 3.25% milkfat and shall contain not less than 13.25% milk solids not fat. The name of the food is milkshake.

W. Va. Code R. § 61-4B-4