Section 26-2-240. Adulterated ice cream

   (a) Ice cream shall be deemed to be adulterated:

   (1) If it contains any preservative, mineral, or other substance or compound deleterious to health; provided, however, that this Code section shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes;

   (2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with, or compounded with it; provided, however, that chocolate ice cream and the chocolate coating of coated ice cream may contain cocoa butter; or

   (3) If it is made, in whole or in part, from any milk product which is unfit for consumption as food.

(b) It shall be unlawful for any person to manufacture, sell, offer or expose for sale, or have in possession with intent to sell or offer or expose for sale under the name of "ice cream" any product or substance deemed adulterated under subsection (a) of this Code section.

Ga. L. 1929, p. 280, § 11; Code 1933, § 42-512; Ga. L. 1965, p. 498, § 1; Ga. L. 1980, p. 981, § 13.