Delaware General Assembly


CHAPTER 65

STATE BOARD OF AGRICULTURE

ICE CREAM AND ICE CREAM MIXTURES AND COMPOUNDS

AN ACT REGULATING THE MILK FAT CONTENT OF ICE CREAM AND ICE CREAM MIXTURES AND COMPOUNDS.

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 or distribute, or have in possession for selling or distribution any ice cream or ice cream mixture or compound, which is adulterated or misbranded. Ice cream is hereby defined as the frozen product made from cream with the addition of milk or milk products, or eggs, fruit juices or nuts, with or without sugar or artificial flavoring or coloring. It shall contain not less than ten per cent (10%) of milk fats, except when the ingredients include fruits, nuts or eggs, in which case it shall contain not less than eight per cent (8%) of milk fats ; Provided, however, that nothing herein contained shall be construed to prohibit the selling and distributing by any person, firm or corporation doing business in this State of ice cream or ice cream mixture or compound containing less than ten per cent and eight per cent of milk fats 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 ten per cent and eight per cent milk fat, only for the purpose of selling and distributing the same in other States.

Section 2. This act shall take effect immediately upon its approval and shall remain in effect until April 1st, 1945, at which time the regulations and requirements in respect to the milk fat content of ice cream and ice cream mixtures and compounds which were in force prior to the effective date of this act shall be restored and shall thereafter have the full force and effect of law.

Approved March 16, 1943.