Section 65O. Frozen desserts and/or frozen dessert mix shall be deemed to be adulterated:
First. If containing any preservative, mineral or other substance or compound deleterious to health; provided, that this clause shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes; or
Second. If made in whole or in part from, or containing frozen desserts and/or frozen dessert mix for any reason unfit for food.
No person shall manufacture, sell or exchange, or offer or expose for sale or exchange, or deliver, or attempt to deliver, or have in his possession with intent so to do, any frozen dessert or frozen dessert mix not conforming to the regulations adopted by the department under section sixty-five U, or manufactured, sold, exchanged and/or delivered in violation of any provision of section sixty-five N, or adulterated within the meaning of this section.