The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Frozen dietary dairy dessert and frozen dietary dessert--A food for any special dietary use, prepared by freezing, with or without agitation, composed of a pasteurized mix which may contain fat, protein, carbohydrates, flavoring, stabilizers, emulsifiers, vitamins, and minerals.

2. (2) Frozen lowfat yogurt (also called lowfat frozen yogurt)--Complies with the provisions of frozen yogurt, except that:

   1. (A) the milk fat content of the finished food is not less than 0.5%, but not more than 2.0%; and
   2. (B) the name of the food is "frozen lowfat yogurt."
3. (3) Frozen lowfat yogurt mix--The unfrozen dry powdered combination of ingredients which, when combined with potable water and when frozen while stirring, will produce a product conforming to the definition of frozen lowfat yogurt. No pasteurization is required for dry frozen lowfat yogurt mix.

4. (4) Frozen skim milk yogurt--Complies with the provision of frozen yogurt, except that:

   1. (A) the milkfat content of the finished food is less than 0.5%; and
   2. (B) the name of the food is either "frozen skim milk yogurt" or "frozen nonfat yogurt."

5. (5) Frozen yogurt--

   1. (A) Frozen yogurt is the food which is prepared by freezing, while stirring, a mix composed of one or more of the optional dairy ingredients provided for in ice cream and frozen custard and which may contain other safe and suitable ingredients.
   2. (B) The dairy ingredient(s), with or without other ingredients, is (are) pasteurized and subsequently cultured with bacterial cultures acceptable to the state health authority.
   3. (C) The titratable acidity of the cultured frozen yogurt is not less than 0.5%, calculated as lactic acid, except if the frozen yogurt is flavored by the addition of a nonfruit characterizing ingredient(s).
   4. (D) The milkfat content of frozen yogurt is not less than 3.25% by weight, except that when bulky characterizing ingredients are used the percentage milkfat is not less than 2.5%.
   5. (E) The finished frozen yogurt shall weigh not less than five pounds per gallon.
   6. (F) The name of the food is "frozen yogurt."
6. (6) Ice cream and frozen custard--The foods defined in 21 CFR §135.110(a)-(f).
7. (7) Ice milk--The food defined in 21 CFR §135.120, except that the label statement of optional ingredients is not required.
8. (8) Imitation frozen dessert mix--The unfrozen dry powdered combination of ingredients which, when combined with potable water and when frozen while stirring, will produce a product conforming to the definition of imitation frozen dessert. No pasteurization is required for dry powdered imitation frozen dessert mix.

9. (9) Lorine--The food prepared from the same ingredients and in the same manner prescribed for mellorine and complies with all the provisions for mellorine except that:

   1. (A) Its content of fat is at least 2.0%, but less than 6.0%.
   2. (B) Its content of milk solids-not-fat is not less than 10%.
   3. (C) Caseinates may be added when the content of total milk solids is not less than 10%.
   4. (D) The provision for reduction in fat and milk solids-not-fat from the addition of bulky ingredients in mellorine does not apply.
   5. (E) The quantity of food solids per gallon is not less than 1.2 pounds.
   6. (F) The name of the food is "lorine."
10. (10) Mellorine--The food defined in 21 CFR §135.130(a)-(d).

11. (11) Nondairy frozen dessert--

    1. (A) Nondairy frozen dessert is the food which is prepared by freezing, while stirring, a nondairy frozen dessert mix composed of one or more of the optional characterizing ingredients specified in subparagraph (B) of this paragraph, sweetened with one or more of the optional sweetening ingredients specified in subparagraph (C) of this paragraph. The nondairy product, with or without water added, may be seasoned with salt. One or more of the ingredients specified in subparagraph (D) of this paragraph may be used. Pasteurization is not required. The optional caseinates specified in subparagraph (D)(i) of this paragraph are deemed not to be dairy products.
    2. (B) The optional flavoring ingredients referred to in subparagraph (A) of this paragraph are natural and artificial flavorings and characterizing food ingredients.
    3. (C) The optional sweetening ingredients referred to in subparagraph (A) of this paragraph are: sugar (sucrose), dextrose, invert sugar (paste or syrup), glucose syrup, dried glucose syrup, corn sweetener, dried corn sweetener, malt syrup, malt extract, dried malt syrup, dried malt extract, maltose syrup, and dried maltose syrup.

    4. (D) Other optional ingredients referred to in subparagraph (A) of this paragraph are:

       1. (i) casein prepared by precipitation with gums, ammonium caseinate, calcium caseinate, potassium caseinate, or sodium caseinate;
       2. (ii) hydrogenated and partially hydrogenated vegetable oil;
       3. (iii) dipotassium phosphate;
       4. (iv) coloring, including artificial coloring;
       5. (v) monoglycerides, diglycerides, or polysorbates; and
       6. (vi) thickening ingredients such as agar-agar, algin (sodium alginate), egg white, gelatin, gum acacia, guar seed gum, gum karaya, locust bean gum, oat gum, gum tragacanth, hydroxypropyl methyl cellulose, carrageenan, salts of carrageenan, furcelleran, salts of furcelleran, propylene glycol alginate, pectin, psyllium seed husk, sodium carboxy-methylcellulose.
    5. (E) Such nondairy frozen desserts are deemed "processed" when manufactured as a dry powdered mix. The addition of water is merely the manner in which such nondairy frozen desserts are served.
    6. (F) The label shall comply with labeling requirements for frozen desserts with the additional clear and concise statement that the product is nondairy.
12. (12) Quiescently frozen confections--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). This confection may be acidulated with food grade acid, may contain water, may be made with or without added natural or artificial flavoring, with or without harmless coloring. The finished product shall contain not less than 17% by weight of total food solids. In the production of this food, no processing or mixing shall be used that develops in the finished food mix any physical expansion in excess of 10%.
13. (13) Quiescently frozen dairy confections--A clean and wholesome frozen product 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 in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). It contains not less than 13% by weight of total milk solids, not less than 33% by weight of total food solids. In the production of quiescently frozen dairy confections, no processing or mixing prior to quiescently freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.
14. (14) Sherbet--The food defined in 21 CFR 135.140(a)-(h).

15. (15) Sherbine--The foods which comply in all respects with sherbet, except that:

    1. (A) they contain edible animal and/or vegetable fat or oil, or both, only part of which may be milkfat; and
    2. (B) the name of the food is "sherbine."
16. (16) Water ices--Defined in 21 CFR 135.160, except that the label statement of optional ingredients is not required.

Source Note:The provisions of this §217.43 adopted to be effective January 1, 1976.