New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter I - Milk Control
Subchapter A - Dairy Products (Article 4, Agriculture and Markets Law)
Part 17 - Requirements For The Labeling Of, And Definitions And Standards Of Identity For, Milk, Milk Products And Frozen Desserts
Section 17.6 - Dairy shake: identity; label statement

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Description. Dairy shake is a pasteurized semi-viscous drink consisting of one or more of the optional dairy ingredients specified in subdivision (b) of this section and may contain other safe and suitable nonmilk derived ingredients excluding other food fats, except such as are the natural components of flavoring ingredients used or are added in incidental amounts to accomplish specific functions. Dairy shake is sweetened with nutritive sweetners and may contain flavoring ingredients and harmless coloring. Dairy shake shall:

(1) contain not less than 3.25 percent milkfat;

(2) contain not less than 11 percent total milk solids;

(3) contain not less than 20 percent total solids; and

(4) not be produced by freezing while stirring.

(b) Optional dairy ingredients. The optional dairy ingredients referred to in subdivision (a) of this section are: cream, dried cream, plastic cream (sometimes known as concentrated milkfat), butter, butter oil, milk, concentrated milk, evaporated milk, sweetened condensed milk, superheated condensed milk, dried milk, skim milk, concentrated skim milk, evaporated skim milk, condensed skim milk, superheated condensed skim milk, sweetened condensed skim milk, sweetened condensed part-skim milk, nonfat dry milk, sweet cream buttermilk, condensed sweet cream buttermilk, dried sweet cream buttermilk, skim milk that has been concentrated and from which part of the lactose has been removed by crystallization, skim milk in concentrated or dried form that has been modified by treating the concentrated skim milk with calcium hydroxide and disodium phosphate, and whey and those modified whey products (e.g., reduced lactose whey, reduced minerals whey, and whey protein concentrate) that have been determined by FDA to be generally recognized as safe for use in this type of food.

(c) Vitamin D addition optional. Vitamin D may be added to the product provided it is in such a quantity that each quart of the food contains 400 international units thereof, within limits of good manufacturing practice.

(d) Nomenclature: label statement. The name of the food is "dairy shake."

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