House Introduced Bill 4572

HOUSE BILL No. 4572


     April 8, 1997, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs.


        A bill to amend 1968 PA 298, entitled

   "Frozen desserts act of 1968,"

   by amending the title and section 2 (MCL 288.322), section 2 as

   amended by 1982 PA 323, and by adding section 4a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to protect the public health;  , and  TO PERMIT DIS-

 3    CLOSURE OF CERTAIN INFORMATION; to prevent fraud and deception in

 4    the manufacture, sale, offering for sale, exposing for sale, and

 5    possession with intent to sell  ,  of adulterated or deleterious

 6    ice cream, ice cream mix, ice milk mix, frozen custard, french

 7    ice cream, french custard ice cream, sherbet, fruit sherbet, ice

 8    milk, ices, quiescently frozen confections, quiescently frozen

 9    dairy confections, including coated ice cream and similar

10    products and the coating  thereof  OF ICE CREAM AND SIMILAR


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 1    PRODUCTS;  fixing  TO ESTABLISH standards for AND PREVENT THE

 2    SALE OF IMITATIONS OF ice cream, frozen custard, french ice

 3    cream, french custard ice cream, sherbet, fruit sherbet, ice

 4    milk, ices, quiescently frozen confections, and quiescently

 5    frozen dairy confections;  , and to prevent sale of imitation of

 6     such products; providing  TO PROVIDE for licensing, authorizing,

 7    and regulating the manufacture and sale of artificially sweetened

 8    ice cream and ice milk;  conferring  TO PRESCRIBE THE powers and

 9     imposing  duties  upon the department of agriculture  OF CERTAIN

10    STATE AGENCIES AND DEPARTMENTS;  prescribing  TO PRESCRIBE penal-

11    ties  , providing  AND PROVIDE for  the  enforcement;  thereof; 

12    and to repeal  certain  acts and parts of acts.

13         Sec. 2.  As used in this act:

14         (a) "Ice cream" means any frozen, sweetened milk product

15     which  THAT is stirred during the process of freezing and

16    includes every  such  frozen milk product  which  THAT contains

17    milk fat or milk solids not fat and  which  THAT in any manner

18    simulates the texture or characteristics of ice cream no matter

19    under what coined or trade name it  may be  IS sold.  Ice cream

20    shall be made from a combination of 1 or more of the following

21    ingredients:  any  A clean, wholesome cream, milk and all forms

22    of milk fat, and any clean and wholesome form of milk solids not

23    fat with 1 or more of the following ingredients:  sugars  SUGAR

24    and flavoring, with or without eggs, coloring, water, fruit

25    juice, fruit, chocolate, cocoa, malted milk, nuts, properly pre-

26    pared and cooked cereal,  cakes, or confections, stabilizers and

27     emulsifiers  CAKE, CONFECTION, STABILIZER, EMULSIFIER, and



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 1    microcrystalline cellulose, each of which  ingredients shall be 

 2    INGREDIENT IS wholesome, edible material, and other ingredients

 3    approved by the department of agriculture.  The finished product

 4     may  SHALL contain not more than 1/2 of 1% by weight of a stabi-

 5    lizer and may contain not more than 1/5 of 1% by weight of

 6    emulsifier.  Not  over  MORE THAN 1.5% of microcrystalline cellu-

 7    lose may be used.  The finished product shall contain not less

 8    than 10% of milk fat by weight except when fruit, nuts, cocoa,

 9    malted milk, chocolate,  cakes  CAKE, properly prepared and

10    cooked cereal, or  confections are  CONFECTION IS used for  the

11     purpose of  flavoring, the weight of milk fat and total milk

12    solids shall not be less than 10% and 20% respectively of the

13    remainder obtained by subtracting the weight of such ingredients

14    from the weight of the finished ice cream, but in no case is the

15    weight of the milk fat or total milk solids to be less than 8%

16    and 16% respectively of the weight of the finished ice cream.

17    The finished ice cream shall contain not less than 1.6 pounds of

18    total food solids to the gallon and weigh not less than 4-1/2

19    pounds to the gallon, exclusive of the weight of the optional

20    ingredient microcrystalline cellulose.  Ice cream manufactured,

21    prepared, or processed for consumption by  those who must

22     restrict their  A PERSON WHO IS REQUIRED TO RESTRICT HIS OR HER

23    sugar intake  ,  shall contain only those ingredients prescribed

24    by this section but shall be sweetened with an artificial sweet-

25    ening agent and contain edible carbohydrates other than sugar.

26    The artificial sweetening agent and  the  edible carbohydrates

27    must be approved by the department of agriculture and no sugars,



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 1    other than those naturally present in the milk solids or fruit

 2    agent, shall be added.

 3         (b) "French ice cream", "french custard ice cream", and

 4    "frozen custard" shall conform to the definition and standards

 5    for "ice cream" no matter under what trade or coined name it  may

 6     be  IS sold or offered for sale, except that it shall contain not

 7    less than 1.4% by weight of egg yolk solids.  When chocolate,

 8    cocoa, malted milk, fruit, nuts, properly prepared and cooked

 9    cereal,  cakes, or confections are  CAKE, OR CONFECTION IS used,

10    the content of egg yolk solids may be reduced in proportion to

11     such ingredient or  THE ingredients added under the conditions

12     prescribed  in subdivision (a) for reduction in milk fat and

13    total milk solids.

14         (c) "Variegated ice cream" means  any  A mixture of ice

15    cream with ice cream, ice, ice milk, sherbet, fruit, puree or

16     cakes, confections  CAKE, CONFECTION, or syrup of another color,

17    and shall contain not less than 8% of milk fat and 16% total milk

18    solids.  Products commonly known as  sodas and sundaes  SODA AND

19    SUNDAE produced by mixture of ice cream with ice cream, ice,

20    sherbet, fruit, or syrup of another color  shall not be deemed to

21     be  ARE NOT variegated ice cream.

22         (d) "Ice milk"  shall conform to the definition and standard

23    set forth for "ice cream", except that:

24         (i) Its content of milk fat  is not  SHALL NOT BE less than

25    2% nor more than 7% by weight.

26         (ii) Its content of total milk solids  is not  SHALL NOT BE

27    less than 11% by weight.



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 1         (iii) The quantity of total food solids per gallon shall not

 2    be less than 1.3 pounds.

 3         (iv) The provision for reduction  in  OF milk fat and total

 4    milk solids  from addition of bulky flavor ingredients in  IF

 5    ADDING A BULKY FLAVOR INGREDIENT UNDER subdivision (b) does not

 6    apply.

 7         Ice milk manufactured, prepared, or processed for consump-

 8    tion by  those who must restrict their  A PERSON WHO IS REQUIRED

 9    TO RESTRICT HIS OR HER sugar intake shall contain only those

10    ingredients prescribed by this section but  may  SHALL be sweet-

11    ened with an artificial sweetening agent and  may  contain

12     edible carbohydrates  AN EDIBLE CARBOHYDRATE other than sugar.

13    The artificial sweetening agent and  the  edible  carbohydrates

14     must  CARBOHYDRATE SHALL be approved by the department of agri-

15    culture and  no sugars, other than those  SHALL NOT CONTAIN A

16    SUGAR OTHER THAN THE SUGAR naturally present in the milk solids

17    or fruit agent.  , shall be added. 

18         (e) "Sherbet" or "fruit sherbet" shall conform to the defi-

19    nition and standard of identity prescribed for "ice cream" in

20    subdivision (b) except that:

21         (i) The titratable acidity of the finished sherbet or fruit

22    sherbet calculated as lactic acid shall not be less than 0.35% by

23    weight.

24         (ii) The content of milk fat and nonfat milk solids  shall

25     be such that the weight of milk fat is  TOGETHER SHALL WEIGH not

26    less than 1% and not more than 2% by weight and the weight of





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 1    total milk solids is not less than 2% and not more than 5% of the

 2    weight of the finished sherbet or fruit sherbet.

 3         (iii)  The quantity of the fruit ingredients used shall be

 4     such that in relation to the weight of the finished sherbet the

 5     weight  THE QUANTITY of fruit or fruit juice USED, including

 6    water necessary to reconstitute partially or wholly dried  fruits

 7     or fruit juices to their  FRUIT OR FRUIT JUICE TO ITS original

 8    moisture content, shall not be less than 2% by weight  in the

 9     case of citrus sherbets,  OF THE FINISHED SHERBET IN CITRUS

10    SHERBET, 6% by weight in  the case of  berry and cherry

11     sherbets,  SHERBET, and 10% by weight in  the case of sherbets 

12    SHERBET prepared with other  fruits  FRUIT.

13         (iv) The provisions for the reduction in milk fat and total

14    milk solids  from addition of  IF ADDING chocolate, cocoa, malted

15    milk, fruit, nuts, properly prepared and cooked cereal,  cakes,

16     or confections  CAKE, OR CONFECTION in subdivision (b)  shall 

17    DOES not apply.

18         (f) "Ice" OR "WATER ICE" means  any  A frozen, sweetened

19    product  which  THAT is stirred during the process of freezing

20     not conforming  AND DOES NOT CONFORM to the definitions and

21    standards set forth in subdivisions (a), (b), (c), (d), and (e),

22    no matter under what coined or trade name it  may be  IS sold or

23    offered for sale.  Ice or water ice  shall be made from a combi-

24     nation of  IS MADE BY COMBINING 1 or more of the following:

25     ingredients:  sugars,  SUGAR, flavoring with or without eggs,

26    coloring, water, fruit  juices  JUICE, fruit, cocoa, chocolate,

27    or nuts, and with or without wholesome edible acid in  such



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 1    quantity as  A QUANTITY THAT seasons the finished food and with

 2    or without added stabilizer, each of which  ingredients 

 3    INGREDIENT shall be wholesome, edible material, and other ingre-

 4    dients approved by the department of agriculture.  ICE OR WATER

 5    ICE SHALL CONFORM TO ALL OF THE FOLLOWING:

 6         (i) It shall contain not more than 1/2 of 1% by weight of

 7    stabilizer and not more than 1/5 of 1% by weight of emulsifier.

 8         (ii) The titratable acidity of the finished ice or water ice

 9    calculated as lactic acid shall  be not  NOT BE less than 0.35%

10    by weight.

11         (iii) The quantity of  fruit ingredients used shall be such

12     that in relation to the weight of the finished ice or water ice,

13     the weight of  fruit or fruit juice USED, including water neces-

14    sary to reconstitute partially or wholly dried  fruits or fruit

15     juices to their  FRUIT OR FRUIT JUICE TO ITS original moisture

16    content, is not less than 2% by weight  in the case of citrus

17     ices  OF THE FINISHED PRODUCT IN CITRUS ICE, 6% by weight in  the

18     case of  berry and cherry  ices  ICE, and 10% by weight in  the

19     case of ices  AN ICE prepared with other  fruits  FRUIT.

20         (g) "Quiescently frozen confection" means a clean and whole-

21    some frozen, sweetened, flavored product in the manufacture of

22    which freezing has not been accompanied by stirring or agitation,

23    generally known as quiescent freezing.  This confection may be

24    acidulated with harmless organic acid, may contain milk solids,

25    may be made with or without added harmless pure or imitation fla-

26    voring, with or without added harmless coloring.  The finished

27    product  may contain not  SHALL NOT CONTAIN more than 1/2 of 1%



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 1    by weight of stabilizer composed of wholesome edible material.

 2    The finished product shall contain not less than 17% by weight of

 3    total food solids.  This confection  must  SHALL be manufactured

 4    in the form of servings individually packaged, bagged, or other-

 5    wise wrapped, properly labeled, and purveyed to the consumer in

 6    its original factory-filled package.  In the production of

 7     these  A quiescently frozen  confections  CONFECTION, no pro-

 8    cessing or mixing prior to quiescent freezing shall be used that

 9    develops in the finished confection mix any physical expansion in

10    excess of 15% by volume.

11         (h) "Quiescently frozen dairy confection" means a clean and

12    wholesome frozen product made from water, milk products, and

13    sugar, with added harmless pure or imitation flavoring, with or

14    without added harmless coloring, with or without added stabiliz-

15    er, and with or without added emulsifier, and in the manufacture

16    of which freezing has not been accompanied by stirring or agita-

17    tion, generally known as quiescent freezing.  Quiescently frozen

18    dairy confection contains not less than 13% by weight of total

19    milk solids, not less than 33% by weight of total food solids,

20    not more than 1/2 of 1% by weight of stabilizer, and not more

21    than 1/5 of 1% by weight of emulsifier.  Stabilizer  THE

22    STABILIZER and emulsifier  must  SHALL be composed of wholesome

23    edible material.  This confection  must  SHALL be manufactured in

24    the form of servings individually packaged, bagged, or otherwise

25    wrapped, properly labeled, and purveyed to the consumer in its

26    original factory-filled package.  In the production of  these 

27    THIS quiescently frozen dairy  confections  CONFECTION, no



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 1    processing or mixing prior to quiescent freezing shall be used

 2    that develops in the finished confection mix any physical expan-

 3    sion in excess of 15% by volume.

 4         (i) "Ice cream mix", "ice milk mix", and "sherbet mix" are

 5    unfrozen food products  ,  made from wholesome ingredients as

 6    provided for use in the manufacturing or processing of ice cream,

 7    ice milk, and sherbet, respectively, and shall meet the same

 8    requirements  as the foods  IN THIS ACT AS THE FOOD made from

 9    those mixes.

10         (j) "Frozen desserts" means ice cream, frozen custard,

11    french custard ice cream, french ice cream, ice milk, sherbet,

12    fruit sherbet,  ices  ICE, quiescently frozen  confections 

13    CONFECTION, quiescently frozen dairy  confections  CONFECTION,

14    and other new related products which are defined in the future by

15    rule.

16         (K) "FROZEN DESSERT OR MIX" MEANS FROZEN DESSERT, ICE CREAM

17    MIX, ICE MILK MIX, AND SHERBET MIX.

18         (l)  (k)  "Ice cream plant" means any place, premises, or

19    establishment where ice cream, frozen custard, french ice cream,

20    french custard ice cream, ice milk, sherbet, fruit sherbet, ice,

21    a quiescently frozen confection, or a quiescently frozen dairy

22    confection is manufactured, prepared, processed, or frozen for

23    distribution or sale.

24         (M) "RBST" MEANS RECOMBINANT BOVINE SOMATOTROPIN, A RECOMBI-

25    NANT BOVINE GROWTH HORMONE USED WITH A LACTATING DAIRY COW TO

26    INCREASE MILK PRODUCTION.





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 1         SEC. 4A.  A PERSON WHO SELLS, OFFERS TO SELL, EXPOSES FOR

 2    SALE, OR POSSESSES WITH INTENT TO SELL A FROZEN DESSERT OR MIX

 3    CONTAINING MILK OR A MILK PRODUCT DERIVED FROM A COW NOT TREATED

 4    WITH RBST MAY LABEL THAT FROZEN DESSERT OR MIX WITH A CONSPICUOUS

 5    NOTICE IN SUBSTANTIALLY THE FOLLOWING FORM:

 6         "THIS PRODUCT CONTAINS MILK OR A MILK PRODUCT DERIVED FROM

 7    COWS NOT TREATED WITH RBST.  RBST IS RECOMBINANT BOVINE SOMATO-

 8    TROPIN, A RECOMBINANT BOVINE GROWTH HORMONE USED WITH LACTATING

 9    DAIRY COWS TO INCREASE MILK PRODUCTION.  NO SIGNIFICANT DIFFER-

10    ENCE HAS BEEN SHOWN BETWEEN MILK DERIVED FROM RBST-TREATED AND

11    NON-RBST-TREATED COWS.".


































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