Code 2039 applies to employers engaged in manufacturing ice cream, frozen custard, frozen ices, gelato, sherbet or frozen yogurt in various forms such as bulk, brick, cups, rolls, on sticks, decorated ice cream cakes and other fancy shapes.  The basic ingredients consisting of milk, sugar, eggs and gelatin or other stabilizers are mixed, then pasteurized, homogenized and cooled.  Fruits, nuts and flavorings can be added to the mixture.  The containers are filled with ice cream and allowed to harden.  Ice cream pops or cones can be dipped in chocolate, nuts or other coatings.  The final ice cream product may be in brick form, cups, rolls, pops on sticks, cones, sandwiches, half gallons, pints, pails or in various shapes.

If the employer manufactures their own ice cream packing supplies such as cartons, containers, or boxes, this operation would be inclusive when for use in their own ice cream manufacturing operation.

The ice cream and other products such as frozen custard, frozen ices, gelato, sherbet, and frozen yogurt are sold to others for resale.  The ice cream and other frozen items noted above are packaged, boxed and delivered to the ice cream manufacturer’s customers’ locations with use of freezer trucks or customers may pick up products at the employer’s location.