(1) Frozen desserts sold in package form or final delivery containers shall be labeled as required by rule of the State Department of Agriculture. Except as provided under subsection (2) of this section, to the extent that the department considers practicable and applicable in this state, the labeling requirements adopted by rule of the department shall conform to the labeling requirements prescribed under 21 C.F.R. part 101. The department labeling requirements may be changed from time to time as the department considers desirable to conform with alterations or amendments to federal labeling requirements.
(2) Packages and final delivery containers of frozen desserts that are filled in the presence of the purchaser at retail are exempt from the labeling requirements of this section if a sign in boldfaced type not less than three-eighths of an inch high is displayed in plain view of the purchaser and contains all the information otherwise required to be on the label. [Amended by 1953 c.684 §12; 1961 c.360 §3; 1969 c.152 §2; 1979 c.320 §9; 1999 c.197 §45]
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