the Commonwealth, and which should be encouraged and promoted in
the public interest. It is further declared to be 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.
It is further declared to be the purpose of this act to
promote honesty and fair dealing in the interest of consumers,
to insure fair competition as 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) (1) For the purpose of this act, 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,
freezer made milk shakes, 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 non-dairy products but shall not
apply to such commonly known or designated bakery products as
frozen cakes and pastries, cream pies and fillings and toppings,
meringue pie fillings and toppings, cream and ice box pies,
fruit and custard pie fillings, boston cream pie fillings, cream
puff fillings and custards, eclair and napoleon fillings and
custards, or the like.
(2) For the purpose of this act, a "frozen dessert plant"
shall mean any place, premises or establishment where frozen
dessert is manufactured, prepared or processed for distribution
or sale.
Section 2. Sale, Possession, etc., of Adulterated or
Unregistered Products.--(a) It shall be unlawful for any person
by himself or by his agents, servants or employes, to sell,
offer for sale, expose for sale or have in possession with
intent to sell, any frozen dessert:
(1) Which is adulterated within the meaning of this act;
(2) Which is not registered with the Department of
Agriculture as required in this act. The possession of any such
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