The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) “Department” means the Department of Agriculture and Consumer Services.
(2) “Frozen desserts” means the foods which conform to the provisions of “definitions and standards of identity for frozen desserts,” United States Food and Drug Administration, 21 C.F.R. part 135 (2004), and foods, defined by rule of the department, which resemble but do not conform to federal definitions. The term also includes, but is not limited to, “quiescently frozen confection,” “quiescently frozen dairy confection,” and “frozen dietary dairy dessert and frozen dietary dessert.”
(3) “Quiescently frozen confection” means a clean and wholesome frozen, sweetened, flavored product that, while being frozen, was not stirred or agitated (generally known as quiescent freezing). This confection may be acidulated with food grade acid, may contain milk solids or water, or may be made with or without added harmless pure or imitation flavoring and with or without harmless coloring. The finished product may contain not more than 0.5 percent by weight of stabilizer composed of wholesome edible material. The finished product shall contain not less than 17 percent by weight of total food solids. In the production of this confection, 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 percent.
(4) “Quiescently frozen dairy confection” means a clean and wholesome frozen product made from water, milk products, and sugar, with added harmless pure or imitation flavoring, with or without added harmless coloring, with or without added stabilizer, with or without added emulsifier, which, while being frozen, was not stirred or agitated (generally known as quiescent freezing). It contains not less than 13 percent by weight of total milk solids, not less than 33 percent by weight of total food solids, not more than 0.5 percent by weight of stabilizer, and not more than 0.2 percent of weight by emulsifier. Stabilizer and emulsifier must be composed of wholesome, edible material. In the production of quiescently frozen dairy confections, no processing or mixing prior to quiescently freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10 percent.
(5) “Frozen dietary dairy dessert and frozen dietary dessert” means a food for any special dietary use, prepared by freezing, with or without agitation, and composed of a pasteurized mix which may contain fat, protein, carbohydrates, natural or artificial sweeteners, flavoring, stabilizers, emulsifiers, vitamins, and minerals.
(6) “Frozen desserts manufacturer” means any person who manufactures, processes, converts, partially freezes, or freezes any mix or frozen desserts for distribution or sale.
(7) “Frozen desserts plant” means any place or premises where frozen desserts or mix are manufactured, processed, or frozen for distribution or sale at wholesale.
(8) “Frozen desserts retail establishment” means any place or premises, including retail stores, stands, hotels, boardinghouses, restaurants, and vehicles or mobile units, where frozen desserts are frozen or partially frozen or dispensed for sale at retail.