(b) Following any hearing to consider definitions and standards or
rules and regulations, pursuant to paragraph (a) of this subsection, the
commissioner shall issue a recommended decision and shall afford
interested parties an opportunity to file exceptions to such recommended
decision based upon the facts in the hearing record. After full
consideration has been given to such exceptions, a final decision shall
be made.
(c) No person shall manufacture, distribute or sell in this state a
frozen dessert for which a definition and standard has not been
promulgated pursuant to this article.
(d) Any person who desires to manufacture, distribute or sell in this
state, any frozen dessert for which a definition and standard has not
been promulgated by the commissioner pursuant to this section, shall
first make application to the commissioner for the promulgation of a
definition and standard for such proposed frozen dessert. Such
application shall include the essential details of such proposed
definition and standard. Upon the receipt of such an application, the
commissioner shall call a public hearing for the purpose of considering
such proposed definition and standard. In determining whether or not
such proposed definition and standard shall be promulgated, the
commissioner shall consider, among other things, the following:
1. Is the proposed product a frozen dessert as provided pursuant to
the provisions of subdivision two of this section?
2. Is the proposed frozen dessert substantially different from other
frozen desserts for which definitions and standards have already been
promulgated by the commissioner?
3. Is it in the public interest to promulgate such proposed definition
and standard?
4. Will the promulgation of such proposed definition and standard be
advantageous to consumers and not result in a lowering of health
standards or promote fraud and deception?
Following the hearing to consider any such proposed definition and
standard, the commissioner shall issue a recommended decision as
provided pursuant to paragraph (b) of subdivision four of this section,
either adopting, modifying, or denying the proposed definition and
standard, giving interested parties an opportunity to file exceptions,
within thirty days, to such recommended decision based upon the facts in
the hearing record, and after full consideration has been given to any
such exceptions, a final decision shall be made.