Frozen custard vs ice cream: the egg yolk rule

Both share one federal standard, and the only legal line between them is how much egg yolk the mix contains.

Frozen custard is ice cream with more egg yolk. Under 21 CFR 135.110, both share the same federal standard: at least 10% milkfat, at least 1.6 lb of total solids and at least 4.5 lb of weight per gallon. The one line the rule draws is egg yolk. Ice cream has less than 1.4% egg yolk solids, and frozen custard must reach 1.4%.

Below we quote the federal text, then cover fat, air, serving temperature and how each is made, and we say plainly where we found no sourced figure.

Frozen custard vs ice cream, side by side

Frozen custard vs ice cream compared: legal status, fat, air, temperature, eggs and method
Measure Ice creamFrozen custard
Legal status in the U.S. Standard of identity: 21 CFR 135.110Same standard: 21 CFR 135.110, named "frozen custard", "french ice cream" or "french custard ice cream"
Milkfat At least 10% (8% of the whole is the floor when bulky flavors such as chocolate, fruit or nuts are added)At least 10%, as for ice cream
Air (overrun) and weight Must weigh at least 4.5 lb per gallon, which caps overrun near 104% at a typical mix density (our arithmetic). Guelph: about 100 to 120% for standard ice cream, 25 to 50% for super-premiumSame 4.5 lb per gallon floor as ice cream
Served at About -16 °C (3 °F), Guelph's typical serving temperatureNot in our sources
Egg yolk Less than 1.4% egg yolk solidsAt least 1.4% egg yolk solids (1.12% minimum when bulky flavors are added)
How it is made Frozen while stirred in a barrel freezer, then hardened in a blast freezer at -30 to -40 °CAs ice cream, with egg yolk in the mix

Figures from the sources listed at the bottom of this page. "Not in our sources" means we found no sourced figure.

The short answer

The real story of frozen custard vs ice cream is smaller than most people expect. In the United States, both are covered by the same federal standard of identity, 21 CFR 135.110. Neither one lacks a legal definition. They share the same rules for milkfat, total solids and weight. The single difference the rule draws is egg yolk.

If a frozen dessert has more egg yolk than the ice cream limit allows, it can no longer be sold as plain ice cream. It has to carry one of the custard names instead.

What the federal rule says

The egg yolk line sits in 21 CFR 135.110(a)(2). Here is the text exactly as the eCFR gives it:

“Except in the case of frozen custard, ice cream contains less than 1.4 percent egg yolk solids by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. Frozen custard shall contain 1.4 percent egg yolk solids by weight of the finished food: Provided, however, That when bulky flavors are added the egg yolk solids content of frozen custard may be reduced in proportion to the amount by weight of the bulky flavors added, but in no case is the content of egg yolk solids in the finished food less than 1.12 percent.”

The naming rule is in 21 CFR 135.110(f)(1):

“The name of the food is ‘ice cream’; except that when the egg yolk solids content of the food is in excess of that specified for ice cream by paragraph (a) of this section, the name of the food is ‘frozen custard’ or ‘french ice cream’ or ‘french custard ice cream’.”

So “french ice cream” on a label is not a style claim. It is one of three legal names for frozen custard.

Fat and solids

Both desserts must contain at least 10% milkfat. For ice cream, the floor drops to 8% of the whole when bulky flavors such as chocolate, fruit or nuts are added. Both must also carry at least 1.6 lb of total solids per gallon.

These are floors, not targets. A maker can go higher on fat in either dessert. That means the word custard on a sign tells you about the egg yolk, and nothing more, as far as the law goes.

Egg yolk changes the flavor. The Guelph e-Book lists an egg flavor defect, caused by too much egg in an ice cream that is not meant to be a custard, and says it resembles French vanilla ice cream. In a custard, that eggy note is the point. In a plain ice cream, it counts as a flaw.

Air, weight and serving temperature

Air whipped into a frozen dessert is called overrun. The federal rule does not set overrun directly. It sets weight instead: both ice cream and frozen custard must weigh at least 4.5 lb per gallon.

Here our sources do not line up neatly, so we give each figure with its source:

  • The eCFR sets the 4.5 lb per gallon floor. By our own arithmetic, at a typical mix density that caps overrun near 104%.
  • H. Douglas Goff’s University of Guelph e-Book gives about 100 to 120% overrun for standard ice cream, and 25 to 50% for super-premium.

The top of Guelph’s standard range sits above our arithmetic cap, so read both numbers as rough guides, not a single answer.

For frozen custard, we found no sourced figure for air content. The federal rule does not set one, and it varies by maker.

Serving temperature works the same way. Guelph gives about -16 °C (3 °F) as a typical serving temperature for ice cream. We found no sourced serving temperature for frozen custard, and the federal rule does not set one.

How each is made

Ice cream starts as a liquid mix of milk, cream, sugar and other solids. According to Guelph, the mix is frozen while being stirred in a barrel freezer, which works air in and keeps ice crystals small. It is then hardened in a blast freezer at -30 to -40 °C.

Frozen custard follows the same path. The only change in the recipe is egg yolk in the mix, enough to reach the 1.4% egg yolk solids the rule asks for.

At home, that means the same machine works for both. You decide on custard or ice cream when you build the base, not when you churn it.

Which should you buy or make?

If you are buying, read the label name. A tub called frozen custard, french ice cream or french custard ice cream has at least 1.4% egg yolk solids. A tub called ice cream has less. The fat floor and the weight floor are the same for both, so the name alone does not tell you which is richer or denser. Air and serving temperature vary by maker.

If you are making it at home, the choice is whether you add egg yolks to the base. The Base Builder and Batch Scaler has a French custard style with egg yolks and a Philadelphia style with no eggs, sized to your machine. Both are base formulas built on standard food-science ranges, and the freezing steps are the same for each.

Base formulas

The Base Builder gives a base formula built on standard food-science ranges, not a tested recipe.

Questions people ask

What is the difference between frozen custard and ice cream?

Egg yolk is the only legal difference. Under 21 CFR 135.110, ice cream has less than 1.4% egg yolk solids, and frozen custard must have at least 1.4%. Both need at least 10% milkfat, at least 1.6 lb of total solids and at least 4.5 lb of weight per gallon.

Does frozen custard have more fat than ice cream?

Not by law. The federal rule sets the same floor for both, at least 10% milkfat. A maker can use more fat in either one, so the name frozen custard does not by itself mean a higher fat content. Check the label if fat matters to you.

Is frozen custard denser or served warmer than ice cream?

We found no sourced figure for either. The federal rule does not set frozen custard's air content or serving temperature, so both vary by maker. It does give custard the same 4.5 lb per gallon weight floor as ice cream. Guelph gives about -16 °C (3 °F) as a typical serving temperature for ice cream.

What is french ice cream?

It is another legal name for frozen custard. 21 CFR 135.110(f)(1) says the food may be called frozen custard, french ice cream or french custard ice cream when its egg yolk solids are above the ice cream limit. The Guelph e-Book also lists an egg flavor defect in plain ice cream that resembles French vanilla ice cream.

Can frozen custard have less egg when it has mix-ins?

Yes, a little. Under 21 CFR 135.110(a)(2), when bulky flavors are added, frozen custard's egg yolk solids may drop in proportion to their weight, but never below 1.12% of the finished food. So a custard with nuts or fruit still has a firm egg floor.

Flavors to try

More frozen desserts

Every frozen dessert in one table

Sources

  1. 21 CFR 135.110, Ice cream and frozen custard Electronic Code of Federal Regulations (eCFR)
  2. Ice Cream Technology e-Book: Formulation Considerations H. Douglas Goff, University of Guelph
  3. Ice Cream Technology e-Book: Structure from the Ice Crystals H. Douglas Goff, University of Guelph
  4. Ice Cream Technology e-Book: Hardening H. Douglas Goff, University of Guelph
  5. Ice Cream Technology e-Book: Flavour Defects H. Douglas Goff, University of Guelph

Every data source the site uses is on the Sources page.