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BULLETSt. Louis City Revised Code Chapter 11.51 Frozen Desserts Part I

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.51
Frozen Desserts

PART I DEFINITIONS

Sections:
 
11.51.010 Adulterated.
11.51.020 Confectionery.
11.51.030 Edible fats.
11.51.040 Frozen custard, french ice cream, french custard ice cream.
11.51.050 Frozen desserts distributor.
11.51.060 Frozen desserts plant.
11.51.070 Frozen desserts processor.
11.51.080 Health authority or health officer.
11.51.090 Ice cream.
11.51.100 Ice milk.
11.51.110 Ingredients other than milk and milk products.
11.51.120 Mellorine.
11.51.130 Milk and milk products.
11.51.140 Misbranded.
11.51.150 Mix or frozen desserts mix.
11.51.160 Official laboratory.
11.51.170 Pasteurization.
11.51.180 Person.
11.51.190 Sherbet or fruit sherbet.
11.51.200 Water ice.

11.51.010 Adulterated.

"Adulterated" means the condition of the frozen dessert:

A. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

B. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;

C. If it consists in whole or in part of any substance unfit for human consumption;

D. If it has been processed, prepared, packaged, or held under unsanitary conditions whereby it may have been rendered injurious to health;

E. If its container is composed in whole or in part of any toxic or deleterious substance which may render the contents injurious to health; and

F. If it contains any substance that does not conform to the definitions contained in this chapter.
(Ord. 57505 1 (part), 1978.)

11.51.020 Confectionery.

"Confectionery" means candy cakes, cookies, and glazed fruits.
(Ord. 57505 1 (part), 1978.)

11.51.030 Edible fats.

"Edible fats" means the edible natural fats other than milk fat derived from vegetable or animal sources.
(Ord. 57505 1 (part), 1978.)

11.51.040 Frozen custard, french ice cream, french custard ice cream.

"French ice cream" and "french frozen custard" is ice cream to which has been added prior to pasteurization egg ingredients in such quantity that the total weight of egg solids therein is not less than 1.4 percent of the weight of the finished product; provided, however, that when fruits, nuts, cocoa or chocolate, malted milk and confectionery are used, the content of the egg yolk solids may be reduced in proportion to those flavorings added; but in no case shall the content of egg yolk solids be less than 1.12 percent.
(Ord. 57505 1 (part), 1978.)

11.51.050 Frozen desserts distributor.

A "frozen desserts distributor" is any person who offers for sale or sells to another any frozen desserts or mix for human consumption.
(Ord. 57505 1 (part), 1978.)

11.51.060 Frozen desserts plant.

A "frozen desserts plant" is any place or premises where frozen desserts or mix are processed, pasteurized, frozen or packaged for distribution or sale.
(Ord. 57505 1 (part), 1978.)

11.51.070 Frozen desserts processor.

A "frozen desserts processor" is any person who freezes any pasteurized mix into semisolid or solid form, for retail distribution or sale as a frozen dessert.
(Ord. 57505 1 (part), 1978.)

11.51.080 Health authority or health officer.

The "health authority" or "health officer" means the health commissioner of the city or his authorized representative.
(Ord. 57505 1 (part), 1978.)

11.51.090 Ice cream.

"Ice cream" is a frozen dessert prepared by freezing, while stirring, a pasteurized mix composed of two or more of the following: milk, milk products, sweetening ingredients, egg ingredients, stabilizers or emulsifiers, harmless flavoring or color and shall contain not more than 0.5 percent by weight of stabilizers, not less than 10 percent by weight of milk fat, and not less than 20 percent by weight of total milk solids; except when fruit, nuts, cocoa or chocolate, malted milk or confectionery are used for the purpose of flavoring; then it shall contain not less than 10 percent by weight of milk fat and 20 percent by weight of total milk solids, except for such reduction in milk fat and in total milk solids as is due to the addition of such flavoring; but in no case shall it contain less than 8 percent by weight of milk fat and 16 percent by weight of total milk solids. The finished ice cream shall contain not less than 1.6 pounds of total solids to the gallon and shall weigh not less than 4.5 pounds to the gallon.
(Ord. 57505 1 (part), 1978.)

11.51.100 Ice milk.

"Ice milk" is a frozen dessert prepared by freezing, while stirring, a pasteurized mix composed of two or more of the following: milk, milk products, sweetening ingredients, egg ingredients, stabilizers or emulsifiers, and harmless flavoring or color; and it shall contain not more than 0.5 percent by weight of stabilizers, not less than 2.00 percent or more than 7.00 percent by weight of milk fat or less than 14.00 percent by weight of total milk solids. The quantity of food solids shall be not less than 1.3 pounds to the gallon, and the finished product shall weigh not less than 4.5 pounds to the gallon.
(Ord. 57505 1 (part), 1978.)

11.51.110 Ingredients other than milk and milk products.

"Ingredients other than milk and milk products" includes wholesome fruits, flavoring, nuts, confectioneries, harmless coloring, edible fats or oils other milk, fat, stabilizers and emulsifiers.
(Ord. 57505 1 (part), 1978.)

11.51.120 Mellorine.

A. "Mellorine" is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milkfat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients.

B. Mellorine contains not less than 1.6 pounds of total solids to the gallon and weighs not less than 4.5 pounds to the gallon. Mellorine contains not less than 6 percent fat and 2.7 percent protein having a protein efficiency ratio (PER) not less than that of whole milk protein (108 percent of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than 4.8 percent or the protein content be less than 2.2 percent. The protein to meet the minimum protein requirements shall be provided by milk solids not fat and/or other milk-derived ingredients.

C. This chapter does not intend to exclude the manufacture of any other product for which a standard of identity is adopted by federal standards.
(Ord. 57505 1 (part), 1978.)

11.51.130 Milk and milk products.

"Milk and milk products" used in mix or frozen desserts includes milk, cream, frozen cream, plastic cream, dried cream, butter, butter oil, fluid skim milk, sweetened and unsweetened evaporated skim milk, sweetened and unsweetened condensed milk, sweetened and unsweetened condensed skim milk, superheated condensed milk, superheated condensed skim milk, dried whole milk, nonfat dried milk, sweet cream buttermilk, or any of these products from which lactose has been wholly or partially removed after crystallization.
(Ord. 57505 1 (part), 1978.)

11.51.140 Misbranded.

"Misbranded" means the presence of any written, printed or graphic matter, upon or accompanying a frozen dessert or container for frozen desserts which is false or misleading, or which violates any applicable state or local labeling laws or regulations.
(Ord. 57505 1 (part), 1978.)

11.51.150 Mix or frozen desserts mix.

"Mix or frozen desserts mix" is the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, confectioneries, nut meats, flavor, or harmless color.
(Ord. 57505 1 (part), 1978.)

11.51.160 Official laboratory.

An "official laboratory" is a biological, chemical, or physical laboratory which is under the direct supervision of the state or local health authority, which has been approved by the appropriate state laboratory agency.
(Ord. 57505 1 (part), 1978.)

11.51.170 Pasteurization.

"Pasteurization," "pasteurized," and similar terms shall be taken to refer to the process of heating, in approved and properly operated equipment, every particle of mix to one of the following minimum temperatures and holding at this temperature continuously for the specified time as indicated below:

A. 155 F. and holding at such temperature for at least 30 minutes;

B. 175 F. and holding at such temperature for at least 25 seconds;

provided, that nothing in this definition shall be construed as barring any other method or process as may be demonstrated to be equally efficient and which is approved by the State Health Authority.
(Ord. 57505 1 (part), 1978.)

11.51.180 Person.

"Person" means an individual, partnership, corporation, company, firm, trustee, cooperative or association.
(Ord. 57505 1 (part), 1978.)

11.51.190 Sherbet or fruit sherbet.

"Sherbet" is a frozen dessert prepared by freezing, while stirring, a pasteurized mix composed of two or more of the following: milk, milk products, fruit ingredients, egg ingredients, stabilizers or emulsifiers, and organic acids. Harmless coloring may be added. The titratable acidity of the finished sherbet, calculated as lactic acid, shall be not less than 0.35 percent. It shall contain not more than 0.5 percent by weight of stabilizer, not less than 1 percent or more than 2 percent by weight of milk fat, and not less than 2 percent or more than 5 percent by weight of total milk solids. The finished sherbet shall weigh not less than 6 pounds to the gallon.
(Ord. 57505 1 (part), 1978.)

11.51.200 Water ice.

"Water ice" is a frozen dessert prepared by freezing, while stirring, a mixture composed of two or more of the following: fruit ingredients, sweetening ingredients, stabilizers or emulsifiers, organic acids, and water. Harmless coloring may be added. The titratable acidity of the finished water ice, calculated as tactic acid, shall not be less than 0.35 percent. The finished water ice shall weight not less than 6 pounds to the gallon.
(Ord. 57505 1 (part), 1978.)


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