Is ice cream a potentially hazardous food?
ยง229.162(74) No. The federal standard of identity for ice cream defines it as a frozen product and, therefore, it is in a state that does not support pathogen growth due to the low temperature. In addition, the water in the product is not available for bacterial growth, since it is in a frozen form. Ice cream is a food product that is shipped, stored, sold and consumed frozen. Hence, in its edible form, ice cream is always in a state that will not support rapid pathogen growth.