Sec. 10.15.05.18. Freezer-Made Shake Freezer-Made Milk Shake

A. "Freezer-made milk shake" means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mix consisting of the ingredients prescribed in the Code of Federal Regulations, Title 21 Food and Drugs, Part 135.120 Ice Milk, except that:

(1) It shall contain not less than 3-1/4 percent and not more than 6 percent milkfat.

(2) Its contents of milk solids not fat shall be not less than 10 percent. Freezer-made milk shake may only be sold or served from a dispensing freezer and may not be sold hard-frozen.

B. Other freezer-made shakes including jumbo shake, thick shake, T.V. shake, or any coined or trade name containing the word, "shake", shall meet the requirements of §A, of this regulation, except that the minimum percent of milk fat may be less than 3-1/4 percent.

C. "Shakes" not meeting the requirements for "milk shakes" may not be advertised, sold, or served as milk shakes.

D. When any freezer-made milk shake or other freezer-made shake purports to be or is represented for any special dietary use by man, it shall be sold only in a container labeled in accordance with all applicable provisions of the Code of Federal Regulations, Title 21 Food and Drugs.