CHAPTER 98 - STATE BOARD OF AGRICULTURE QUALITY AND PURITY OF ICE CREAM

AN ACT TO AMEND AN ACT TO PROVIDE FOR THE PURITY AND QUALITY OF ICE CREAM.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That no person, firm, or corporation shall sell, distribute, offer for sale, or have in possession for selling or distribution any ice cream or ice cream mixture or compound which is adulterated or misbranded. That for the purpose of this act, "ice cream" is defined as any frozen sweetened milk product which is agitated during the process of freezing, and includes every frozen milk product which contains more than five per centum (5%) by weight of total milk solids, or skim milk solids, and which in any manner simulates the texture or characteristics of ice cream, no matter under what coined or trade name it may be sold. Ice cream shall be made from a combination of one or more of the following ingredients, viz., milk fat, milk solids not fat, sugars, and flavoring, with or without eggs, coloring, water, fruit juices, fruit, cocoa or chocolate, or nuts; and with or without added stabilizer composed of wholesome edible material. It contains not more than one-half of one per centum (1/2 of 1%) by weight of stabilizer and not less than twelve per centum (12%) by weight of milk fat; except when fruit, nuts, maple syrup, cakes or confections are used for the purpose of flavoring, then it shall contain not less than twelve per centum (12%) by weight of fat, except for such reduction in fat as is due to the addition of such flavoring; but in no case shall it contain less than eight per centum (8%) by weight of fat. Provided, however, that nothing herein contained shall be construed to prohibit the selling and distributing by any person, firm, or corporation doing business in the state, of ice cream or ice cream mixture or compound containing less than the standards herein prescribed, in states where a lesser percentage of milk fats is allowed, and such person, firm, or corporation shall have the right to manufacture and possess ice cream or ice cream mixture or compound containing less than the standards herein prescribed, only for the purpose of selling and distributing the same in other states. And provided, further, that until the expiration of a period of six months after the termination of the present war emergency, the phrase "Twelve per centum (12%) by weight of milk fat" wherever hereinbefore contained shall be as follows: "Ten per centum (10%) by weight of milk fat".

For the purpose of this act, "custard ice cream", "french ice cream", "french custard", and "frozen custard" shall. conform to the definition and standards hereinbefore defined for "ice cream" no matter under what trade or coined name it may be sold or offered for sale, and furthermore, it shall contain not less than five (5) dozen clean, wholesome egg yolks, or the equivalent of such egg yolks in any wholesome form, for each ninety (90) pounds of finished product.

Section 2. All ingredients used in ice cream or ice cream mixtures or preparations, shall be of good quality and free from rancid or harmful preparations and no coloring shall be used except those certified by the United States Department of Agriculture.

Section 3. Ice Cream shall be deemed to be adulterated within the meaning of this Act if in purity or quality it fails to meet the standards herein set forth, or if it shall contain boric acid, salicylic acid, formaldehyde, saccharine or any other substances or compounds known or likely to be harmful to health.

But nothing herein contained shall be construed to prohibit the use of condensed or evaporated milk, milk powder, homogenized milk fats, gelatine or vegetable gums.

Section 4. Any mixtures enumerated in Section 2 of this Act made of substances or material other than those enumerated in said Section 2, or which do not conform to the standards hereinbefore set forth, shall be deemed to be misbranded if marked or labelled "Ice Cream" and sold and represented to be ice cream.

Section 5. Any person or persons and the officers or employees of any corporation, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and for the first offense shall forfeit and pay a fine of not less than Fifty Dollars ($50.00) and for each subsequent offense a fine of One Hundred Dollars ($100.00) to be collected as fines of like amount are now collected.

Section 6. The State Board of Agriculture shall be charged with the enforcement of the provisions of this Act. Nothing contained in this Section shall be construed to prevent any individual from prosecuting any one violating any of the provisions of this Act.

Section 7. All acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. No Act committed or criminal proceeding commenced, prior to the date of the approval of this Act shall be in any manner affected hereby but shall be governed by the law in force immediately prior. to the approval hereof. This Act shall take effect immediately upon its approval by the Governor.

Approved April 6, 1945.