The Vermont Statutes Online

Title 6: Agriculture

Chapter 155: Frozen Desserts

• § 2851. Definitions

  (a) “Frozen desserts” means all ice cream, frozen custards, ice milks, fruit sherbets, water ices, quiescently frozen confections, and frozen whipped creams and other like products defined by rules adopted under this chapter.

  (b) “Frozen dessert mix” means any unfrozen mixture to be used in the manufacture of frozen desserts or milk shakes offered for sale or resale. (Added 1965, No. 175, § 69; amended 2021, No. 105 (Adj. Sess.), § 119, eff. July 1, 2022.)

• § 2852. Rules

  The Secretary of Agriculture, Food and Markets may adopt rules establishing, for frozen desserts and frozen dessert mixes, reasonable standards as to identity, quality, and fill of container. The Secretary may adopt rules setting bacteriological standards and governing the sanitary requirements relative to the manufacture, distribution, and sale of all such food products. No rules may be adopted without due notice and public hearing. (Added 1965, No. 175, § 71; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 120, eff. July 1, 2022.)

• § 2853. Minimum standards

  The minimum standards of strength, quality, purity, and identity as to certain frozen dairy products shall be as stated by this chapter. However, the provisions of this chapter as relate to type or content of sweetening agent shall not apply to frozen dairy products manufactured for sale to diabetic persons. The Secretary shall regulate the labeling of frozen dairy products manufactured for sale to diabetic persons. (Added 1965, No. 175, § 68; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 2854. Conformity to standards

  Any food that is purported to be, or made in the likeness of, a frozen dessert, or mix thereof, for which a standard has been prescribed under this chapter shall not be sold or offered for sale unless under rules established by the Secretary:

  (1) it conforms to the definition and standard of identity, quality, and fill of containers for frozen dessert;

  (2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients present in such foods;

  (3) it was manufactured, distributed, and sold in conformity to all sanitary requirements established; and

  (4) it conforms to the bacteriological standards established by the Secretary for frozen desserts or for the ingredients from which these are made. (Added 1965, No. 175, § 70; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 121, eff. July 1, 2022; 2023, No. 6, § 54, eff. July 1, 2023.)

• § 2855. Licenses

  No person shall manufacture for sale frozen desserts unless that person first secures a license from the Secretary of Agriculture, Food and Markets. Applications shall be made on forms furnished by the Secretary and be accompanied by a fee of $75.00. All licenses shall terminate on December 31 of each year. Frozen dessert licenses may be revoked or suspended for cause following due notice and hearing. (Added 1965, No. 175, § 72; amended 1975, No. 220 (Adj. Sess.), § 14; 1989, No. 257 (Adj. Sess.), § 14; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 33, § 11; 2015, No. 149 (Adj. Sess.), § 17.)

• § 2856. Exemptions

  A person who holds a valid milk handler’s license shall be exempt from all licensing provisions of this chapter. (Added 2011, No. 39, § 5, eff. May 19, 2011.)