H*3676(Rat #0552, Act #0465 of 1984)  General Bill, By T.M. Marchant, W.N. Cork and 
J.J. Snow
 A Bill to amend Sections 39-37-10, 39-37-20, 39-37-40, 39-37-60, and
 39-37-130, relating to frozen desserts, so as to eliminate "imitation ice
 cream", and add "low fat frozen desserts", "low fat frozen dairy desserts",
 "mellorine", "frozen yogurt" and "low fat frozen yogurt" to the definitions;
 to delete references to imitation ice cream and to redefine the types of
 frozen desserts which may be marketed; to eliminate references of specific
 types of frozen desserts; to provide labeling, menu statements, and
 advertising requirements relative to low fat frozen desserts, low fat frozen
 dairy desserts, mellorine, frozen yogurt, and low fat frozen yogurt; and to
 increase the fine penalties for violations from not less than twenty-five
 dollars nor more than one hundred dollars to not less than two hundred dollars
 nor more than five hundred dollars.

   03/16/84  House  Introduced and read first time HJ-1655
   03/16/84  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-1655
   04/19/84  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-2517
   04/26/84  House  Amended HJ-2660
   04/26/84  House  Read second time HJ-2660
   04/27/84  House  Read third time and sent to Senate HJ-2752
   05/01/84  Senate Introduced and read first time SJ-1629
   05/01/84  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-1629
   05/10/84  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-1754
   06/07/84  Senate Read second time SJ-2305
   06/08/84  Senate Read third time and enrolled SJ-2397
   06/13/84         Ratified R 552
   06/15/84         Signed By Governor
   06/15/84         Effective date 06/15/84
   06/15/84         Act No. 465
   06/27/84         Copies available

AN ACT TO AMEND SECTIONS 39-37-10, 39-37-20, 39-37-40, 39-37-60, AND 39-37-130, RELATING TO FROZEN DESSERTS, SO AS TO ELIMINATE "IMITATION ICE CREAM", AND ADD "LOW FAT FROZEN DESSERTS", "LOW FAT FROZEN DAIRY DESSERTS", "MELLORINE", "FROZEN YOGURT" AND "LOW FAT FROZEN YOGURT" TO THE DEFINITIONS; TO DELETE REFERENCES TO IMITATION ICE CREAM AND TO REDEFINE THE TYPES OF FROZEN DESSERTS WHICH MAY BE MARKETED; TO ELIMINATE REFERENCES OF SPECIFIC TYPES OF FROZEN DESSERTS; TO PROVIDE LABELING, MENU STATEMENTS, AND ADVERTISING REQUIREMENTS RELATIVE TO LOW FAT FROZEN DESSERTS, LOW FAT FROZEN DAIRY DESSERTS, MELLORINE, FROZEN YOGURT, AND LOW FAT FROZEN YOGURT; AND TO INCREASE THE FINE PENALTIES FOR VIOLATIONS FROM NOT LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS TO NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Item (1) of Section 39-37-10 of the 1976 Code is amended to read:

"(1) 'Frozen desserts' means ice cream, frozen custard, ice milk, milk sherbet, dietary frozen dessert, ice or ice sherbet, low fat frozen dessert, low fat frozen dairy dessert, mellorine, frozen yogurt and low fat frozen yogurt as defined herein."

Item deleted

SECTION 2. Section 39-37-10 of the 1976 Code is amended by deleting item (8).

Definition

SECTION 3. Section 39-37-10 of the 1976 Code is amended by adding at the end:

"(11) 'Low fat frozen dessert' or 'low fat frozen dairy dessert' means the pure, clean, frozen food product prepared by freezing, while stirring a pasteurized mix containing one or more of the following ingredients: sweet skim milk, concentrated skim milk, extra-grade nonfat dry milk, whole milk, and cream. It may contain any of the following optional ingredients: fruit or fruit juices, eggs or egg products, harmless flavoring and coloring, safe and suitable stabilizers and emulsifiers, nut meats, and any sweetening agents approved by the Commissioner of Agriculture. The finished product contains not less than one and one-tenth percent nor more than one and nine-tenths percent by weight of milk fat and not less than twelve percent by weight of milk solids-non-fat. The product contains not less than one and eight-tenths pounds of food solids a gallon and weighs not less than six pounds a gallon.

(12) 'Mellorine' means the food produced by the 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 a part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener, may contain harmless flavoring and coloring, suitable stabilizers and emulsifiers, and may contain fruit or fruit juices, and nut meats. The finished product contains not less than six percent fat and not less than eight percent by weight of milk solids-non-fat. The finished product contains not less than one and six-tenths pound of total solids a gallon and weighs not less than four and one-half pounds a gallon. Vitamin A is present in the finished mellorine at the rate of forty international units a gram of fat within limits of good manufacturing practice.

(13) 'Frozen yogurt' or 'low fat frozen yogurt' means the pure, clean, frozen food product consisting of two or more of the following ingredients: milk products, nutritive carbohydrate sweetener, water, safe and suitable stabilizers and emusifiers, harmless flavoring and coloring, fruits or fruit juices, and nut meats. The finished product contains not less than one and five-tenths percent milk fat and weighs not less than four and one-quarter pounds a gallon."

License required

SECTION 4. Section 39-37-20 of the 1976 Code is amended to read:

"Section 39-37-20. No person shall sell, advertise, or offer or expose for sale:

(1) Any frozen dessert, unless its manufacturer is a licensee under the provisions of this chapter;

(2) Any frozen dessert that does not comply with the definitions of Section 39-37-10 or definitions adopted by regulation as provided in item (10) of that section. Frozen dessert type food products, other than the defined products shall comply with all applicable provisions of the South Carolina Food and Cosmetic Act (Chapter 25 of Title 39) and comply with the frozen desserts licensing provisions of Section 39-37-70."

Frozen desserts

SECTION 5. Item (4) of Section 39-37-40 of the 1976 Code is amended to read:

"(4) Offer for sale frozen desserts from any container, compartment, or cabinet which contains any other article."

Low fat frozen desserts

SECTION 6. Section 39-37-60 of the 1976 Code is amended by adding at the end:

"Low fat frozen dessert, low fat frozen dairy dessert, mellorine, frozen yogurt, and low fat frozen yogurt, when served from a bulk container or from a soft-serve type dispenser for individual servings, must be placed in labeled containers. In lieu of the labeled container, a conspicuous sign approved by the South Carolina Department of Agriculture, easily visible to the public, must be displayed stating the frozen dessert that is to be served.

Printed menus, menu boards, and advertising signs, when stating a frozen dessert, must correctly state the specific frozen dessert that is offered for sale so as not to mislead the consumer."

Penalty

SECTION 7. Section 39-37-130 of the 1976 Code is amended to read:

"Section 39-37-130. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, must be fined not less than two hundred dollars nor more than five hundred dollars. All fines and penalties imposed and recovered for the violation of any of the provisions of this chapter must be paid to the Department of Agriculture then paid by the Department into the State Treasury."

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.