(a) Freezer-made milk shake means a pure, clean, wholesome, semiviscous drink prepared by stirring, while freezing, in a dispensing freezer, a pasteurized mix consisting of the ingredients prescribed for ice milk in section 135.120 of title 21 of the Code of Federal Regulations (revised as of April 1, 2010), a copy of which is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, except that:

Freezer-made milk shake may only be sold or served from a dispensing freezer and may not be sold hard frozen.

(b) Freezer-made shakes, including jumbo shake, thick shake, TV shake, or any coined or trade name containing the word shake shall meet the requirements of subdivision (a) of this section, except that the minimum percent of milk fat may be less than 3¼ percent.