What do you call a frozen dessert where the following ingredients are blended together:
- Water
- Sweetener
- Fruit or Non-Fruit Characterizing Ingredient(s)
Water Ice, of course — at least according to FDA regulations, 21 C.F.R. 135.160.
This less famous food standard, reaches far back with FDA starting the process to write the regulation in late 1941, along with the more famous frozen desserts: ice cream and sherbet. 6 Fed. Reg. 5574 (November 1, 1941). FDA finally created the standard nearly 20 years later. 25 Fed. Reg. 7138 (July 27, 1960).
The name “Water Ice” appears to be largely forgotten, replaced by the name “Italian Ice.” Although some from Philadelphia where the name lives on, disagree and are ready to debate this, or others insistent that they are different treats.
However, the name continues to be frozen in the Code of Federal Regulations as FDA is unlikely to even consider changing the regulation based on its current priorities. This food name, along with “macaroni product” (aka “pasta”) and maraschino cherries, are reminders that language is ever changing and thus the regulatory regime needs to have the flexibility to adapt.
FDA Storytime 