Frozen desserts sold in other than individual serving devices, shall be sold in terms of gallons, quarts, or pints weighing not less than four and one–half pounds per gallon, or less than thirty–six ounces per one–half gallon, or less than nine ounces per pint. If the average weight of ten units, e.g. ten quarts, or any lot of frozen dessert of the same brand and flavor equals or exceeds the minimum weight established for such units by this section, the requirements shall be deemed to have been met; provided, no individual unit shall be more than five percent of the required unit weight under the minimum weight established for such units.

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Source: SDC 1939, § 22.0604 as added by SL 1951, ch 104, § 2; SL 1965, ch 104, § 4 (a).