West Virginia Code § 19-11B-1

Purpose
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The legislative intent of this article is to protect, promote and preserve the public health and
general welfare and to prevent fraud and deception in the manufacture, sale, offering for
sale, exposing for sale, and possession with intent to sell, frozen desserts and products
resembling frozen desserts for human consumption. Further, the Legislature recognizes that
advances in food technology have resulted in the development of a variety oef products of
similar usage as standardized frozen desserts that are so similar in appearance, odor and
taste that they are difficult to differentiate from frozen desserts. Therefrore, this article shall
regulate these products in addition to frozen desserts, establish definitions and standards for
such foods or labeling requirements by rules which effect their orderly marketing and
ensure similar sanitary standards for frozen desserts and imitation frozen desserts.
Except where otherwise indicated, it is the intent of the Legislature that this article
substantially conform with the federal regulations promulgated under the authority of the
United States secretary of health and human services in order to provide for the movement
of frozen desserts and imitation frozen desserts in interstate and intrastate commerce with a
minimum of economic barriers. s

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