Lo-mel: identity; label statement

(a) Description. "Lo-mel" means a pure, clean, wholesome semi-viscous drink prepared by stirring, while freezing, in a dispensing freezer a pasteurized mix composed of edible fats or oils other than milk fat, milk solids not fat, water, optional sweetening ingredients as approved by the commissioner, with or without egg products, with or without harmless flavoring, with or without harmless coloring, and with or without stabilizer or emulsifier as approved by the commissioner. It shall contain not more than 6 per cent edible fats or oils. It shall contain not less than 10 per cent milk solids not fat. It may contain any other safe and suitable ingredients approved by the commissioner. It shall contain not more than one-half per cent by weight of stabilizer and not more than one-fifth of one per cent of emulsifier. It may contain optional sweetening ingredients and any other safe and suitable ingredients approved by the department. (b) Lo-mel may only be served or sold directly from a dispensing freezer and may not be sold hard frozen. (c) When lo-mel is sold from a dispensing freezer a sign must be prominently and conspicuously displayed which shall read "LO-MEL SERVED HERE," in bold face capitals at least three inches in height and in contrasting color to the background. Such sign shall include a list of all ingredients in a manner acceptable to the department, provided, however, that the name of the edible fats or oils used, other than milk fat, must be specified. The letters on such sign shall be of sufficient size to be read by consumers under normal conditions of purchase. No such list of ingredients need be included on the sign if the list of ingredients is printed on the side of the container in which the product is served to the customer. (d) When any lo-mel purports to be or is represented for any special dietary use by man, it shall be sold only in a container with an ingredient listing in accordance with all applicable provision of the Regulations of the Federal Food and Drug Administration.