§ 39.34. Frozen pudding.
(a) Frozen pudding is a product made from a pasteurized mix, intended to be eaten in the frozen state. The mix may be composed of the following:
(1) Milk and milk products.
(2) Modified or unmodified food starch.
(3) Sweetening agents.
(4) Harmless natural or artificial flavoring.
(5) Harmless natural or artificial color.
(6) Any other safe or suitable functional ingredient approved by the Secretary.
(b) The finished product shall contain the following:
(1) Not less than 5.0% by weight of milk solids not fat.
(2) Not less than 25% total solids.
(c) The weight of the finished product shall be not less than 4.5 pounds per gallon.
(d) If not frozen promptly after pasteurization, it shall be cooled to 45°F or lower and maintained there.
(e) The name of the product is frozen pudding.
(f) The label on packages of frozen pudding shall, in addition to all other required information, include a complete list of all ingredients in accordance with 21 CFR 101.4 and 101.22 (relating to food; designation of ingredients and foods; labelling of spices, flavorings, colorings and chemical preservatives).
(g) Frozen pudding may be sold, held or offered for sale by any manufacturer, wholesaler, retailer, or any other seller only in properly labeled factory filled containers, except for the following:
(1) Frozen pudding may be sold from a dispensing freezer. When frozen pudding is sold from a dispensing freezer, a sign or menu board shall be displayed in a location where it can be easily read by customers under normal conditions of sale, stating ‘‘Frozen Pudding Served Here.’’ When items containing frozen pudding are listed on a menu board, the statement ‘‘Frozen Pudding Served Here’’ shall be included in reasonable proximity to the items containing frozen pudding. The letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing frozen pudding and on a contrasting background. A sign or menu board declaration is not required if the only method of advising customers on what items are being offered for sale is a menu furnished to the customer. In such a case the menu shall contain the statement ‘‘Frozen Pudding Served Here.’’ This statement shall be in reasonable proximity to the menu items containing frozen pudding, and the letters on the statement shall be bold face capitals at least as large as the letters used in listing items containing frozen pudding. A menu listing frozen pudding or items prepared with frozen pudding shall conform to this paragraph.
(2) Frozen pudding may be dipped from a properly labeled bulk container. If frozen pudding is served in this manner, a sign or menu board shall be displayed where it can be easily read by customers under normal conditions of sale stating ‘‘Frozen Pudding Served Here.’’ When items containing frozen pudding are listed on a sign or menu board, the statement, ‘‘Frozen Pudding Served Here’’ shall be included in reasonable proximity to the items containing frozen pudding. The letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing frozen pudding. A sign or menu board declaration is not required if the only method of advising customers on what items are being offered for sale is a menu furnished to the customer. In such case the menu shall contain the statement ‘‘Frozen Pudding Served Here.’’ This statement shall be in reasonable proximity to the menu items containing frozen pudding, and the letters on the statement shall be bold face capitals at least as large as the letters used in listing items containing frozen pudding. A menu listing frozen pudding or items prepared with frozen pudding shall conform to this paragraph.
Source The provisions of this § 39.34 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial page (1517).
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