Submitted Photo Parke Wentling, R-Crawford/Erie/Lawrence/Mercer, speaks on the House floor in support of legislation.

Just in time for the summer season, the state Legislature is poised to end a testing regulation for soft serve ice cream and milkshakes.

Hose Bill 2212, sponsored by Rep. Parke Wentling, R-Crawford/Erie/Lawrence/Mercer, passed the state House of Representatives by a 198-1 vote this week. Only state Rep. Russ Diamond, R-Lebanon, voted against the proposal. The bill has been sent to the state Senate for consideration.

Wentling said House Bill 2212 would terminate the archaic, outdated and unnecessary law as other food safety laws and regulations ensuring the safety of frozen desserts remain in effect.

Current regulation states that businesses are required to conduct monthly standard plate count and coliform testing of each barrel of each soft serve and milkshake machine at a private laboratory, as well as follow testing protocols required in the milk sanitation regulations. After more than 3 million tests, there has never been an outbreak identified in frozen desserts at the retail level.

The current regulations were passed in 1965 and duplicate testing is already required under the state’s Food Code regulations under the state Agriculture Department. Wentling said in his legislative memorandum the bill won’t mean an end to the testing of frozen desserts, but end one set of testing.

“Repealing this out-of-date law will eliminate the regulations promulgated under its authority and would support our business owners by doing away with costly and redundant bureaucratic processes, while still maintaining the safety of frozen desserts and protecting customers,” Wentling said. “This issue was brought to me by a constituent in western Mercer County, and I thank them for speaking to me about their concern.”

Technically, the 1965 law also applies to frozen custard, ice milk, sherbet, water ice, frozen dairy confections, whipped cream, frozen cakes and pastries. Any place where frozen desserts were made or processed had to be inspected and pay a registration fee ranging from $10 to $100.