§ 21-9-1 Definitions. – (a) Unless the context otherwise requires, the words and phrases defined inthis section are used in this chapter in the sense given them in the followingdefinitions:
(1) "Advertise" means all representations disseminated in anymanner or by any means, other than by labeling, for the purpose of inducing, orwhich are likely to induce, directly or indirectly, the purchase of frozendesserts and/or frozen dessert mixes.
(2) "Director of health" means the director of health ofRhode Island.
(3) "Frozen dessert mix" means any unfrozen mixture that canbe used in the manufacture of frozen desserts or freezer milk shakes andsubstitutes or imitations of them offered for sale or resale.
(4) "Frozen dessert plant" means any building, establishment,place, or premises or any part of it where frozen desserts and/or frozendessert mixes are manufactured into a form for distribution, and any building,establishment, place, or premises or any part of it where equipment for themanufacture of frozen desserts and/or frozen dessert mixes is washed,sterilized, kept, or maintained.
(5) "Frozen desserts" are products to be consumed in frozenform and include, but not be limited to: ice cream and frozen custard, icemilk, sherbet, non-fruit sherbet, water ice, non fruit water ice, mellorine,goat's milk ice cream and goat's milk ice milk, frozen yogurt, frozen lowfat orlowfat frozen yogurt, frozen nonfat yogurt or nonfat frozen yogurt, quiescentlyfrozen confection, quiescently frozen dairy confection, frozen dietary dairydessert, dietary frozen dessert, manufactured desserts mix, freezer made shake,freezer made milk shake, parevine, lo-mel, lactose reduced ice cream, lactosereduced ice milk, other similar frozen products, substitutes, and imitations ofthem.
(6) "Labeling" means all labels and other written, printed,or graphic matter: (i) upon a frozen dessert and/or frozen dessert mix or anyof its container or wrappers, or (ii) accompanying such products.
(7) "Manufacture" means assemble, process, prepare, produce,and/or convert.
(8) "Misleading" means that if an article is alleged to bemisbranded because the labeling is misleading, or if an advertisement isalleged to be false because it is misleading, then in determining whether thelabeling or advertisement is misleading, there shall be taken into account(among other things) not only representations made or suggested by statement,work, design, device, sound, or in any combination of them, but also the extentto which the labeling or advertisement fails to reveal facts material in thelight of the representations or material with respect to consequences which mayresult from the use of the article to which the labeling or advertisementrelates under the conditions of use prescribed in the labeling or advertisementthereof or under any conditions of use that are customary or usual.
(9) "Mobile unit" means any vehicle on which frozen dessertsare manufactured and which is used for the sale of frozen desserts and/orfreezer milk shakes to the consumer.
(10) "Mobile unit depot" means a building from which a mobileunit operates and where it is sanitized.
(11) "Person" includes one or more individuals, a firm,partnership, corporation, or association.
(12) "Retail manufacturer" means a person who manufacturesfrozen desserts for sale at retail and who is not a wholesale manufacturer asdefined by this chapter.
(13) "Sale" means any and every transaction including thebarter, dispensing, distributing, delivering, serving, giving away, offer forsale, exposing, storing, or any other possession of frozen desserts and/orfrozen dessert mixes by any person whether as principal, proprietor, agent,servant, or employee where the products are subject to transfer to anotherperson.
(14) "Wholesale manufacturer" means a person who manufacturesfrozen desserts and/or frozen dessert mixes for distribution to a second personfor redistribution or for manufacturing purposes.
(b) Where the term "and/or" is used, either word shall applyas the context requires.
(c) Definitions and standards of identity for frozen dessertsand frozen dessert mixes shall be established by regulations promulgated by thedirector of health under the authority of § 21-9-13.
§ 21-9-1 Definitions. – (a) Unless the context otherwise requires, the words and phrases defined inthis section are used in this chapter in the sense given them in the followingdefinitions:
(1) "Advertise" means all representations disseminated in anymanner or by any means, other than by labeling, for the purpose of inducing, orwhich are likely to induce, directly or indirectly, the purchase of frozendesserts and/or frozen dessert mixes.
(2) "Director of health" means the director of health ofRhode Island.
(3) "Frozen dessert mix" means any unfrozen mixture that canbe used in the manufacture of frozen desserts or freezer milk shakes andsubstitutes or imitations of them offered for sale or resale.
(4) "Frozen dessert plant" means any building, establishment,place, or premises or any part of it where frozen desserts and/or frozendessert mixes are manufactured into a form for distribution, and any building,establishment, place, or premises or any part of it where equipment for themanufacture of frozen desserts and/or frozen dessert mixes is washed,sterilized, kept, or maintained.
(5) "Frozen desserts" are products to be consumed in frozenform and include, but not be limited to: ice cream and frozen custard, icemilk, sherbet, non-fruit sherbet, water ice, non fruit water ice, mellorine,goat's milk ice cream and goat's milk ice milk, frozen yogurt, frozen lowfat orlowfat frozen yogurt, frozen nonfat yogurt or nonfat frozen yogurt, quiescentlyfrozen confection, quiescently frozen dairy confection, frozen dietary dairydessert, dietary frozen dessert, manufactured desserts mix, freezer made shake,freezer made milk shake, parevine, lo-mel, lactose reduced ice cream, lactosereduced ice milk, other similar frozen products, substitutes, and imitations ofthem.
(6) "Labeling" means all labels and other written, printed,or graphic matter: (i) upon a frozen dessert and/or frozen dessert mix or anyof its container or wrappers, or (ii) accompanying such products.
(7) "Manufacture" means assemble, process, prepare, produce,and/or convert.
(8) "Misleading" means that if an article is alleged to bemisbranded because the labeling is misleading, or if an advertisement isalleged to be false because it is misleading, then in determining whether thelabeling or advertisement is misleading, there shall be taken into account(among other things) not only representations made or suggested by statement,work, design, device, sound, or in any combination of them, but also the extentto which the labeling or advertisement fails to reveal facts material in thelight of the representations or material with respect to consequences which mayresult from the use of the article to which the labeling or advertisementrelates under the conditions of use prescribed in the labeling or advertisementthereof or under any conditions of use that are customary or usual.
(9) "Mobile unit" means any vehicle on which frozen dessertsare manufactured and which is used for the sale of frozen desserts and/orfreezer milk shakes to the consumer.
(10) "Mobile unit depot" means a building from which a mobileunit operates and where it is sanitized.
(11) "Person" includes one or more individuals, a firm,partnership, corporation, or association.
(12) "Retail manufacturer" means a person who manufacturesfrozen desserts for sale at retail and who is not a wholesale manufacturer asdefined by this chapter.
(13) "Sale" means any and every transaction including thebarter, dispensing, distributing, delivering, serving, giving away, offer forsale, exposing, storing, or any other possession of frozen desserts and/orfrozen dessert mixes by any person whether as principal, proprietor, agent,servant, or employee where the products are subject to transfer to anotherperson.
(14) "Wholesale manufacturer" means a person who manufacturesfrozen desserts and/or frozen dessert mixes for distribution to a second personfor redistribution or for manufacturing purposes.
(b) Where the term "and/or" is used, either word shall applyas the context requires.
(c) Definitions and standards of identity for frozen dessertsand frozen dessert mixes shall be established by regulations promulgated by thedirector of health under the authority of § 21-9-13.
§ 21-9-1 Definitions. – (a) Unless the context otherwise requires, the words and phrases defined inthis section are used in this chapter in the sense given them in the followingdefinitions:
(1) "Advertise" means all representations disseminated in anymanner or by any means, other than by labeling, for the purpose of inducing, orwhich are likely to induce, directly or indirectly, the purchase of frozendesserts and/or frozen dessert mixes.
(2) "Director of health" means the director of health ofRhode Island.
(3) "Frozen dessert mix" means any unfrozen mixture that canbe used in the manufacture of frozen desserts or freezer milk shakes andsubstitutes or imitations of them offered for sale or resale.
(4) "Frozen dessert plant" means any building, establishment,place, or premises or any part of it where frozen desserts and/or frozendessert mixes are manufactured into a form for distribution, and any building,establishment, place, or premises or any part of it where equipment for themanufacture of frozen desserts and/or frozen dessert mixes is washed,sterilized, kept, or maintained.
(5) "Frozen desserts" are products to be consumed in frozenform and include, but not be limited to: ice cream and frozen custard, icemilk, sherbet, non-fruit sherbet, water ice, non fruit water ice, mellorine,goat's milk ice cream and goat's milk ice milk, frozen yogurt, frozen lowfat orlowfat frozen yogurt, frozen nonfat yogurt or nonfat frozen yogurt, quiescentlyfrozen confection, quiescently frozen dairy confection, frozen dietary dairydessert, dietary frozen dessert, manufactured desserts mix, freezer made shake,freezer made milk shake, parevine, lo-mel, lactose reduced ice cream, lactosereduced ice milk, other similar frozen products, substitutes, and imitations ofthem.
(6) "Labeling" means all labels and other written, printed,or graphic matter: (i) upon a frozen dessert and/or frozen dessert mix or anyof its container or wrappers, or (ii) accompanying such products.
(7) "Manufacture" means assemble, process, prepare, produce,and/or convert.
(8) "Misleading" means that if an article is alleged to bemisbranded because the labeling is misleading, or if an advertisement isalleged to be false because it is misleading, then in determining whether thelabeling or advertisement is misleading, there shall be taken into account(among other things) not only representations made or suggested by statement,work, design, device, sound, or in any combination of them, but also the extentto which the labeling or advertisement fails to reveal facts material in thelight of the representations or material with respect to consequences which mayresult from the use of the article to which the labeling or advertisementrelates under the conditions of use prescribed in the labeling or advertisementthereof or under any conditions of use that are customary or usual.
(9) "Mobile unit" means any vehicle on which frozen dessertsare manufactured and which is used for the sale of frozen desserts and/orfreezer milk shakes to the consumer.
(10) "Mobile unit depot" means a building from which a mobileunit operates and where it is sanitized.
(11) "Person" includes one or more individuals, a firm,partnership, corporation, or association.
(12) "Retail manufacturer" means a person who manufacturesfrozen desserts for sale at retail and who is not a wholesale manufacturer asdefined by this chapter.
(13) "Sale" means any and every transaction including thebarter, dispensing, distributing, delivering, serving, giving away, offer forsale, exposing, storing, or any other possession of frozen desserts and/orfrozen dessert mixes by any person whether as principal, proprietor, agent,servant, or employee where the products are subject to transfer to anotherperson.
(14) "Wholesale manufacturer" means a person who manufacturesfrozen desserts and/or frozen dessert mixes for distribution to a second personfor redistribution or for manufacturing purposes.
(b) Where the term "and/or" is used, either word shall applyas the context requires.
(c) Definitions and standards of identity for frozen dessertsand frozen dessert mixes shall be established by regulations promulgated by thedirector of health under the authority of § 21-9-13.
