For the purpose of this part, its interpretation, and its application, the following definitions and standards shall apply:

1. (1)

   1. (A) “Frozen dessert” means any frozen substance, mixture, or compound as defined in 20 CAR § 173-102 or any frozen substance, mixture, or compound:

      1. (i) Made in semblance of any item set forth herein, but which does not conform in each and every particular to one of the stated definitions; and
      2. (ii) That may be made from ingredients listed in the definitions herein and/or other safe and suitable ingredients.
   2. (B) The substance, mixture, or compound before freezing shall be known as a mix for the respective frozen dessert that results when the mix is frozen;
2. (2) “Health authority” means the Secretary of the Department of Health, or his or her designated representative;
3. (3) “Novelties” means frozen desserts, either alone or in combination with other foods such as cookies, wafers, cones, coating, confections, etc., which are packaged in single-serving units;

4. (4)

   1. (A) “Overrun” means the trade expression used to refer to the increase in volume of the frozen product over the volume of the mix.
   2. (B) This increase in volume is due to air being whipped into the product during the freezing process.
   3. (C) It is expressed as percent increase of the volume of the mix;

5. (5) “Pasteurization” means the process of heating, in approved and properly operated equipment, every particle of mix to the following temperature and holding for the specified time:

   1. (A) One hundred fifty-five degrees Fahrenheit (155˚ F) for thirty (30) minutes;
   2. (B) One hundred seventy-five degrees Fahrenheit (175˚ F) for twenty-five (25) seconds; or
   3. (C) Other time/temperature relationship which has been demonstrated to be equivalent thereto in microbial destruction; and

6. (6) “Safe and suitable” means ingredients approved by the United States Food and Drug Administration for use in food for human consumption, which:

   1. (A) Perform an appropriate function in the food in which they are used; and
   2. (B) Are used at a level no higher than necessary to achieve their intended purpose in the food.