CHAPTER 344

RELATING TO ICE MILK

AN ACT TO AMEND CHAPTER 41, TITLE 16, DELAWARE CODE, ENTITLED "ICE CREAM" RELATING TO ICE MILK.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend § 4101, Chapter 41, Title 16, Delaware Code, by adding a new paragraph (c) as follows:

(c) As used in this Chapter, "Ice Milk" is defined as any frozen sweetened milk product which is made of the same ingredients as ice cream and in a manner similar to the process used in manufacturing ice cream, but which contains less than eight (8%) by weight of milk fat but not less than four per cent (4%) by weight of milk fat and not less than fourteen per cent (14%) by weight of total solids, no matter under what trade or coined name it may be sold or offered for sale. The finished product may contain not more than one-half of one per cent (1/2 of 1%) by weight of stabilizer and may contain not more than one-fifth of one per cent (1/5 of 1%) by weight of emulsifier.

Section 2. Amend § 4102, Chapter 41, Title 16, Delaware Code, by adding a new paragraph (b):

(b) No person shall sell, distribute, offer for sale or have in possession for selling or distribution any ice milk or ice milk mixture or compound which is adulterated or misbranded, except as permitted by Section 4103 of this title, or any package or container thereof unless it is plainly and distinctly marked as "ice milk" or "ice milk mixture" or "ice milk compound" and in letters as large as any other letters on said package or container and unless the name and address of the manufacturer is marked thereon.

(b) Nothing contained in this chapter shall be construed to prohibit the selling and distributing by any person doing business in this State, of ice milk or ice milk mixture or compound containing less than the standards prescribed in Section 4101 of this title, in states where a lesser percentage of milk solids is allowed, and such person shall have the right to manufacture and possess ice milk or ice milk mixture or compound containing less than the standards prescribed in such section, only for the purpose of selling and distributing the same in other states.

Section 4. Amend § 4104, Chapter 41, Title 16, Delaware Code, by striking out Section 4104 thereof and by substituting in lieu thereof the following Section 4104:

§ 4104. Quality of ingredients and coloring

All ingredients used in ice cream, ice milk, ice cream mixtures, ice milk mixtures, ice cream preparations or ice milk 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 5. Amend § 4105, Chapter 41, Title 16, Delaware Code by inserting after the words "Ice cream" the words "or ice milk".

Section 6. Amend § 4106, Chapter 41, Title 16, Delaware Code, by adding after the words "ice cream" as the same appear therein, the words "or ice milk", in the first paragraph thereof.

Section 7. Amend § 4106, Chapter 41, Title 16, Delaware Code, by adding a new paragraph (b) as follows:

(b) It shall be unlawful for any person personally or by or through an agent, servant or employee to sell, offer for sale, expose for sale, or have in possession with intent to sell, ice milk packaged in containers of greater than one-half gallon capacity if the ice milk or any of its ingredients contains added color or any ingredient added for the purpose of imparting a characterizing flavor.

Approved April 2, 1958.