CHAPTER 146 PURITY AND BRANDING OF FOODS AND DRUGS; IMMATURE VEAL
Section 146:15-a
146:15-a Frozen Desserts. –
I.
Prohibitions. Any food, regardless of the name by which it is represented, made in semblance of frozen desserts or quiescently frozen confections, or prepared as such foods are customarily prepared or frozen, shall be deemed adulterated or misbranded, unless:
(a) It conforms to the definition and standards of identity for frozen desserts or quiescently frozen confections as established by regulations of the commissioner, and
(b) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients present in such foods, and
(c) It was manufactured, distributed and sold in conformity to all sanitary requirements as established by regulations of the commissioner, and
(d) It conforms to the bacterial standards as may be established by the commissioner for frozen desserts, quiescently frozen confections or for the ingredients from which these are to be made.
II.
Regulations. The commissioner may, when not inconsistent with existing law, adopt regulations setting forth definitions and standards of identity for frozen desserts, and shall adopt such regulations as may from time to time be promulgated under federal law. The commissioner may make regulations setting standards of identity for quiescently frozen confections as well as setting bacterial standards for frozen desserts and quiescently frozen confections and for the ingredients from which they are to be made. The commissioner may make regulations governing the sanitary requirements relative to the manufacture, distribution and sale of all such food products.