As used in this part:

1. (1) “Frozen dietary dessert” and “frozen dietary dairy dessert” means a food for any special dietary use prepared by freezing, with or without agitation, composed of a pasteurized mix which may contain:

   1. (A) Milk fat and/or edible vegetable fats or oils;
   2. (B) Protein;
   3. (C) Carbohydrates;
   4. (D) Flavoring;
   5. (E) Stabilizers;
   6. (F) Emulsifiers;
   7. (G) Vitamins; and
   8. (H) Minerals;

2. (2)

   1. (A) “Frozen yogurt” means freezing while stirring a product resulting from the fermentation by specific lactic acid-producing bacteria of a pasteurized or ultra-pasteurized mixture of milk and other optional ingredients approved for use in ice cream or ice milk.

   2. (B) Frozen yogurt, before the addition of fruit or other bulky flavors, shall not contain less than:

      1. (i) Three and twenty-five hundredths percent (3.25%) milk fat; and
      2. (ii) Eight and twenty-five hundredths percent (8.25%) milk solids not fat.
   3. (C) After the addition of fruit or other bulky flavors, it shall contain not less than two and three-tenths percent (2.3%) milk fat.
   4. (D) All ingredients used shall be safe and suitable.
   5. (E) If produced for freezing in soft serve machines, the product shall be frozen yogurt mix;
3. (3) “Ice cream and frozen custard” means the foods defined in the most recent edition of 21 C.F.R. § 135.110;
4. (4) “Ice milk” means the food defined in the most recent edition of 21 C.F.R. § 135.120;

5. (5)

   1. (A) “Low-fat frozen yogurt” means freezing while stirring a product resulting from the fermentation by specific lactic acid producing bacteria of a pasteurized ultra-pasteurized mixture of low-fat milk and other optional ingredients approved for use in ice cream or ice milk, containing not less than one-half percent (1/2%) nor more than two percent (2%) milk fat, with not less than eight and twenty-five hundredths percent (8.25%) milk solids not fat.
   2. (B) All ingredients used shall be safe and suitable.
   3. (C) If produced for freezing in soft serve machines, the product shall be low-fat frozen yogurt mix;
6. (6) “Mellorine” means the food defined in the most recent edition of 21 C.F.R. § 135.130;

7. (7)

   1. (A) "Nondairy frozen dessert" means a clean and wholesome frozen product which may contain vegetable fat and/or oil, corn syrup solids, sodium caseinate, and emulsifiers, pasteurized prior to spray drying and blending with other safe and suitable ingredients.
   2. (B) The dry mix is reconstituted with potable cold water in cleaned and sanitized equipment and refrigerated or frozen immediately.
   3. (C) Repasteurization following reconstitution of nondairy frozen dessert shall not be required.
   4. (D) A nondairy frozen dessert shall contain no dairy ingredients and all packaged nondairy frozen desserts shall be clearly labeled in legible and clearly readable print "NONDAIRY FROZEN DESSERT".
   5. (E) Sodium caseinate is not considered as a dairy ingredient for the purposes of this part;

8. (8)

   1. (A) “Nonfat frozen yogurt” means freezing while stirring a product resulting from the fermentation by specific lactic acid producing bacteria of a pasteurized or ultra-pasteurized mixture of nonfat milk and other optional ingredients approved for use in ice cream or ice milk, containing less than one-half percent (1/2%) milk fat, with not less than eight and twenty-five hundredths percent (8.25%) milk solids not fat.
   2. (B) All ingredients used shall be safe and suitable.
   3. (C) If produced for freezing in soft serve machines, the product shall be nonfat frozen yogurt mix;
9. (9) “Other frozen desserts” means foods prepared by freezing, with or without agitation, of a pasteurized mix composed of dairy products and other safe and suitable ingredients, but which food does not conform to any definition or standard set forth in this section;

10. (10)

    1. (A) “Quiescently frozen confection” means a clean and wholesome frozen, sweetened, flavored product in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing).

    2. (B) This confection may:

       1. (i) Be acidulated with food-grade acid;
       2. (ii) Contain water;
       3. (iii) Be made with or without added natural or artificial flavoring, with or without added harmless coloring.
    3. (C) The finished product shall contain not less than seventeen percent (17%) by weight of total food solids.
    4. (D) In the production of this food, no processing or mixing shall be used that develops in the finished food mix any physical expansion (overrun) in excess of ten percent (10%);

11. (11)

    1. (A) “Quiescently frozen dairy confections” means a clean and wholesome frozen product:

       1. (i) Made from water, milk products, and sugar, with added harmless natural or artificial flavoring, with or without added coloring, with or without added stabilizer, and with or without added emulsifier; and
       2. (ii) In the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing).
    2. (B) It contains not less than thirteen percent (13%) by weight of total milk solids, not less than thirty-three percent (33%) by weight of total food solids.
    3. (C) In the production of quiescently frozen dairy confections, no processing or mixing shall be used that develops in the finished confection mix any physical expansion (overrun) in excess of ten percent (10%);
12. (12) “Sherbet” means the food defined in the most recent edition of 21 C.F.R. § 135.140; and
13. (13) “Water ices” means the food defined in the most recent edition of 21 C.F.R. § 135.160.