2016 Delaware Code
Title 16 - Health and Safety
CHAPTER 41. FROZEN SWEETENED PRODUCTS
§ 4101. Policy and definitions.

(a) Declaration of policy. —

(1) The dairy industry is a paramount industry of the State and the production, processing, packaging, distribution and sale of frozen desserts is an important segment of the dairy industry and is of vast economic importance to the State and of vital importance to the consuming public of the State and should be encouraged and promoted in the public interest. It is in the interest of the dairy industry and of the consuming public that there be uniformity of standards for frozen desserts as between the various states and the federal government to the end that there may be free movement of frozen desserts between the states and to the end that the inefficiency, needless expense and confusion caused by differences in products sold under the same name, and differences in labeling of identical products may be eliminated.

(2) It is the purpose of this chapter to promote honesty and fair dealing in the interest of consumers, to insure fair competition between the manufacturers and distributors of the different products and to prevent confusion and deception in the sale of all such products by establishing definitions and standards of identity for such products and by providing for rules and regulations which will effect their orderly marketing and insure uniform and proper sanitary standards.

(b) Definitions. — For the purpose of this chapter and for any rules, regulations, definitions, standards of identity or labeling requirements promulgated pursuant thereto, the term "frozen desserts'' shall be deemed to include ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, artificially sweetened ice milk, ice milk, fruit sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, mellorine frozen desserts as all such products are commonly known, together with any mix used in such frozen desserts, and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or nondairy products.

45 Del. Laws, c. 98, § 1; 16 Del. C. 1953, § 4101; 56 Del. Laws, c. 465, § 1.;