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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XV REGULATION OF TRADE
  • CHAPTER 94 INSPECTION AND SALE OF FOOD, DRUGS AND VARIOUS ARTICLES
  • Section 65L Certain sales or exchanges prohibited

Section 65L. (a) No person shall sell or exchange, deliver, advertise, or offer or expose for sale or exchange, or attempt to deliver, or have in his possession with intent so to do, any frozen dessert or frozen dessert mix unless the manufacturer thereof is the holder of a license or permit then in full force.

(b) No person shall sell or exchange, offer for sale or exchange, or advertise for sale, any frozen dessert or ice cream mix, if the brand name of the frozen dessert or ice cream mix or the label upon it or the advertising accompanying it shall give a false indication of its origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular. The above shall not prohibit the sale of a frozen dietary dairy dessert authorized to be manufactured and sold under section sixty-five T.

(c) No person shall sell or offer or expose for sale ice milk, unless contained in a package, or enclosed in a wrapper, upon which shall be conspicuously printed in the English language the words “Ice Milk” in letters not smaller than eight point type and which letters shall be larger than any other lettering upon the package or wrapper. No person shall offer for sale, or sell, any ice milk if the purchaser has requested ice cream.

[There is no paragraph (d) or (e).]

(f) No person shall sell or exchange, or deliver or offer or expose for sale or exchange, or attempt to deliver, or have in his possession with intent so to do, frozen dessert or frozen dessert mix in a package, wrapper or other covering which does not legibly bear the name of the manufacturer or distributor of said frozen dessert and/or frozen dessert mix and/or the plant identification code number assigned by the department and/or a brand, trade or corporation name set forth in the manufacturer’s application for a license or permit, or subsequently recorded with the local board of health or the department issuing the same.

This section and sections sixty-five M to sixty-five S, inclusive, shall not apply to any frozen dessert and/or frozen dessert mix in the course of interstate commerce.