Bakery products (21 CFR 136.3-136.180)

523 Food and Drug Administration, HHS Pt. 136 or fruits from which the fruit ingredi ents used are obtained. When the names of two or more fruits are in cluded, such names shall be arranged in order of predominance, if any, by weight of the respective fruit ingredi ents used. (ii) The name of each nonfruit sher bet is ‘‘lll sherbet’’, the blank being filled in with the common or usual name or names of the characterizing flavor or flavors; for example, ‘‘pepper mint’’, except that if the character izing flavor used is vanilla, the name of the food is ‘‘lll sherbet’’, the blank being filled in as specified by § 135.110(e) (2) and (5)(i). (2) When the optional ingredients, ar tificial flavoring, or artificial coloring are used in sherbet, they shall be named on the label as follows: (i) If the flavoring ingredient or in gredients consists exclusively of artifi cial flavoring, the label designation shall be ‘‘artificially flavored’’. (ii) If the flavoring ingredients are a combination of natural and artificial flavors, the label designation shall be ‘‘artificial and natural flavoring added’’. (iii) The label shall designate artifi cial coloring by the statement ‘‘artifi cially colored’’, ‘‘artificial coloring added’’, ‘‘with added artificial color ing’’, or ‘‘lll, an artificial color added’’, the blank being filled in with the name of the artificial coloring used. (g) Characterizing flavor(s). Wherever there appears on the label any rep resentation as to the characterizing flavor or flavors of the food and such flavor or flavors consist in whole or in part of artificial flavoring, the statment required by paragraph (f)(2) (i) and (ii) of this section, as appro priate, shall immediately and con spicuously precede or follow such rep resentation, without intervening writ ten, printed, or graphic matter (except that the word ‘‘sherbet’’ may inter vene) in a size reasonably related to the prominence of the name of the characterizing flavor and in any event the size of the type is not less than 6 point on packages containing less than 1 pint, not less than 8-point on pack ages containing at least 1 pint but less than one-half gallon, not less than 10 point on packages containing at least one-half gallon but less than 1 gallon, and not less than 12-point on packages containing 1 gallon or over. (h) Display of statements required by paragraph (f)(2). Except as specified in paragraph (g) of this section, the state ments required by paragraph (f)(2) of this section shall be set forth on the principal display panel or panels of the label with such prominence and con spicuousness as to render them likely to be read and understood by the ordi nary individual under customary con ditions of purchase and use. (i) Label declaration. Each of the in gredients used in the food shall be de clared on the label as required by the applicable sections of parts 101 and 130 of this chapter. [43 FR 4599, Feb. 3, 1978, as amended at 46 FR 44434, Sept. 4, 1981; 58 FR 2896, Jan. 6, 1993] § 135.160 Water ices. (a) Description. Water ices are the foods each of which is prepared from the same ingredients and in the same manner prescribed in § 135.140 for sher bets, except that the mix need not be pasteurized, and complies with all the provisions of § 135.140 (including the re quirements for label statement of in gredients), except that no milk or milk-derived ingredient and no egg in gredient, other than egg white, is used. (b) Nomenclature. The name of the food is ‘‘lll ice’’, the blank being filled in, in the same manner as speci fied in § 135.140(f)(1) (i) and (ii), as ap propriate. [42 FR 19132, Apr. 12, 1977, as amended 58 FR 2876, Jan. 6, 1993] PART 136—BAKERY PRODUCTS Subpart A—General Provisions Sec. 136.3 Definitions. Subpart B—Requirements for Specific Standardized Bakery Products 136.110 Bread, rolls, and buns. 136.115 Enriched bread, rolls, and buns. 136.130 Milk bread, rolls, and buns. 136.160 Raisin bread, rolls, and buns. 136.180 Whole wheat bread, rolls, and buns. AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, 379e. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 524 21 CFR Ch. I (4–1–16 Edition) § 136.3 Subpart A—General Provisions § 136.3 Definitions. For purposes of this part, the fol lowing definitions apply: (a) The word bread when used in the name of the food means the unit weighs one-half pound or more after cooling. (b) The words rolls and buns when used in the name of the food mean the unit weighs less than one-half pound after cooling. Subpart B—Requirements for Spe cific Standardized Bakery Products § 136.110 Bread, rolls, and buns. (a) Bread, white bread, and rolls, white rolls, or buns, and white buns are the foods produced by baking mixed yeast-leavened dough prepared from one or more of the farinaceous ingredi ents listed in paragraph (c)(1) of this section and one or more of the moist ening ingredients listed in paragraphs (c) (2), (6), (7), and (8) of this section and one or more of the leavening agents provided for by paragraph (c)(3) of this section. The food may contain additional ingredients as provided for by paragraph (c) of this section. Each of the finished foods contains not less than 62 percent total solids as deter mined by the method prescribed in paragraph (d) of this section. (b) All ingredients from which the food is fabricated shall be safe and suit able. (c) The following optional ingredi ents are provided for: (1) Flour, bromated flour, phosphated flour, or a combination of two or more of these. The potassium bromate in any bromated flour used and the monocalcium phosphate in any phosphated flour used are deemed to be additional optional ingredients in the bread, rolls, or buns. All ingredients in any flour, bromated flour, or phosphated flour used are deemed to be optional ingredients of the bread, rolls, or buns prepared therefrom. (2) Water. (3) Yeast—any type which produces the necessary leavening effect. (4) Salt. (5) Shortening, in which or in con junction with which may be used one or any combination of two or more of the following: (i) Lecithin, hydroxylated lecithin complying with the provisions of part 172 of this chapter, either of which may include related phosphatides derived from the corn oil or soybean oil from which such ingredients were obtained. (ii) Mono- and diglycerides of fat forming fatty acids, diacetyl tartaric acid esters of mono- and diglycerides of fat-forming fatty acids, propylene gly col mono- and diesters of fat-forming fatty acids, and other ingredients that perform a similar function. (6) Milk and/or other dairy products in such quantity and composition as not to meet the requirements for milk and/or other dairy products prescribed for milk bread by § 136.130. Whenever nonfat milk solids in any form are used, carrageenan or salts of carra geenan complying with the provisions of part 172 of this chapter may be used in a quantity not in excess of 0.8 per cent by weight of such nonfat milk sol ids. (7) Egg products. (8) Nutritive carbohydrate sweet eners. (9) Enzyme active preparations. (10) Lactic-acid-producing bacteria. (11) Nonwheat flours, nonwheat meals, nonwheat grits, wheat and nonwheat starches, any of which may be wholly or in part dextrinized, dextrinized wheat flour, or any com bination of 2 or more of these, if the total quantity is not more than 3 parts for each 100 parts by weight of flour used. (12) Ground dehulled soybeans which may be heat-treated, and from which oil may be removed, but which retain enzymatic activity, if the quantity is not more than 0.5 part for each 100 parts by weight of flour used. (13) Yeast nutrients and calcium salts, if the total quantity of such in gredients, with the exception of monocalcium phosphate and calcium propionate, is not more than 0.25 part for each 100 parts by weight of flour used. The quantity of monocalcium phosphate, including any quantity in the flour used, is not more than 0.75 part for each 100 parts by weight of VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 525 Food and Drug Administration, HHS § 136.115 flour used. Any calcium propionate used as a preservative in bread, rolls, or buns is not subject to the limitation prescribed in this paragraph. (14)(i) Potassium bromate, calcium bromate, potassium iodate, calcium iodate, calcium peroxide, or any com bination of 2 or more of these if the total quantity, including the potas sium bromate in any bromated flour used, is not more than 0.0075 part for each 100 parts by weight of flour used. (ii) Azodicarbonamide, if the total quantity, including any quantity in the flour used, is not more than 0.0045 part for each 100 parts by weight of flour used. (15) Dough strengtheners and other dough conditioners not listed or re ferred to in this paragraph, if the total quantities of such ingredients or com bination is not more than 0.5 part for each 100 parts by weight of flour used. (16) Spices, spice oil, and spice ex tract. (17) Coloring may not be added as such or as part of another ingredient except as permitted by paragraph (c)(16) of this section and except that coloring which may be present in but ter or margarine if the intensity of the butter or margarine color does not ex ceed ‘‘medium high’’ (MH) when viewed under diffused light (7400 Kelvin) against the Munsell Butter Color Com parator. The MH designation cor responds to the Munsell renotation of 3.8Y7.9/7.6. (18) Other ingredients that do not change the basic identity or adversely affect the physical and nutritional characteristics of the food. (d) Total solids are determined by the method prescribed in ‘‘Official Methods of Analysis of the Association of Offi cial Analytical Chemists,’’ 13th Ed. (1980), section 14.091(a), which is incor porated by reference, except that if the baked unit weighs 454 grams (1 pound) or more, one entire unit is used for the determination; if the baked unit weighs less than 454 grams, enough units to weigh 454 grams or more are used. Copies of the material incor porated by reference may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gai thersburg, MD 20877, or may be exam ined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federallregister/ codeloflfederallregulations/ ibrllocations.html. (e)(1) The name of the food is ‘‘bread’’, ‘‘white bread’’, ‘‘rolls’’, ‘‘white rolls’’, ‘‘buns’’, ‘‘white buns’’, as applicable. When the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be ‘‘egg bread’’, ‘‘egg rolls’’, or ‘‘egg buns’’, as applicable, accompanied by the statement ‘‘Contains ll me dium-sized egg(s) per pound’’ in the manner prescribed by § 102.5(c)(3) of this chapter, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth egg but not greater than the amount actually present. For the purpose of this regula tion, whole egg solids are the edible contents of eggs calculated on a mois ture-free basis and exclusive of any nonegg solids which may be present in standardized and other commercial egg products. One medium-sized egg is equivalent to 0.41 ounce of whole egg solids. (2) When the label bears any rep resentation, other than in the ingre dient listing, of the presence of egg in the food, e.g., the word egg or any pho netic equivalent spelling of the word egg, or a picture of an egg, the food shall contain not less than 2.56 percent of whole egg solids. (f) Label declaration. Each of the in gredients used shall be declared on the label as required by the applicable sec tions of parts 101 and 130 of this chap ter. [42 FR 14400, Mar. 15, 1977, as amended at 43 FR 47177, Oct. 13, 1978; 47 FR 11826, Mar. 19, 1982; 49 FR 10096, Mar. 19, 1984; 49 FR 13692, Apr. 6, 1984; 54 FR 24894, June 12, 1989; 58 FR 2877, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] § 136.115 Enriched bread, rolls, and buns. (a) Each of the foods enriched bread, enriched rolls, and enriched buns con forms to the definition and standard of VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 526 21 CFR Ch. I (4–1–16 Edition) § 136.115 identity and is subject to the require ments for label statement of ingredi ents prescribed for bread, rolls or buns by § 136.110, except that: (1) Each such food contains in each pound 1.8 milligrams of thiamin, 1.1 milligrams of riboflavin, 15 milligrams of niacin, 0.43 milligrams of folic acid, and 12.5 milligrams of iron. (2) Each such food may contain added calcium in such quantity that the total calcium content is 600 milligrams per pound. If insufficient calcium is added to meet the 600-milligram level per pound of the finished food, no claim may be made on the label for calcium as a nutrient except as a part of nutri tion labeling. (3) The requirements of paragraphs (a) (1) and (2) of this section will be deemed to have been met if reasonable overages of the vitamins and minerals, within the limits of good manufac turing practice, are present to ensure that the required levels of the vitamins and minerals are maintained through out the expected shelf life of the food under customary conditions of dis tribution and storage. The quantitative content of the following vitamins shall be calculated in terms of the following chemically identifiable reference forms: Vitamin Reference form Name Empirical formula Molec ular weight Thiamine ... Thiamine chlo ride hydro chloride. C12H17ClN4 OS·HCl 337.28 Riboflavin .. Riboflavin ......... C17H20N4O6 376.37 Niacin ....... Niacin ............... C6H5NO2 123.11 (4) Each such food may also contain wheat germ or partly defatted wheat germ, but the total quantity thereof, including any wheat germ or partly defatted wheat germ in any enriched flour used, shall not be more than 5 percent of the flour ingredient. (5) Enriched flour may be used, in whole or in part, instead of flour. As used in this section, the term ‘‘en riched flour’’ includes enriched bromated flour. (6) The limitation prescribed by § 136.110(c)(6) on the quantity and com position of milk and/or other dairy products does not apply. (7) The vitamins and minerals added to the food for enrichment purposes may be supplied by any safe and suit able substances. Niacin equivalents as derived from tryptophan content shall not be used in determining total niacin content. (b) The name of the food is ‘‘enriched bread’’, ‘‘enriched rolls’’, or ‘‘enriched buns’’, as applicable. When the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be ‘‘enriched egg bread’’, ‘‘enriched egg rolls’’, or ‘‘enriched egg buns’’, as applicable, accompanied by the statement ‘‘Contains l medium sized egg(s) per pound’’ in the manner prescribed by § 102.5(c)(3) of this chap ter, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth egg but not greater than the amount actually present. For the purpose of this regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of any non-egg sol ids which may be present in standard ized and other commercial egg prod ucts. One medium-sized egg is equiva lent to 0.41 ounce of whole egg solids. When the food complies with the re quirements for milk and/or other dairy products content in § 136.130 for milk bread, the name of the food may be ‘‘enriched milk bread’’, ‘‘enriched milk rolls’’, or ‘‘enriched milk buns’’, as ap plicable. When the food complies with the requirements for both enriched egg bread and enriched milk bread in this section, the name of the food may be ‘‘enriched milk and egg bread’’, ‘‘en riched milk and egg rolls’’, or ‘‘en riched milk and egg buns’’, as applica ble accompanied by the statement ‘‘Contains l medium-sized egg(s) per pound’’ in the manner prescribed by § 102.5(c)(3) of this chapter, the blank to be filled in with the number which rep resents the whole egg content of the food expressed to the nearest one-fifth egg but no greater than the amount ac tually present. For purposes of this regulation, whole egg solids are the ed ible contents of eggs calculated on a moisture-free basis and exclusive of any non-egg solids which may be present in standardized or other com mercial egg products. One medium VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00536 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 527 Food and Drug Administration, HHS § 136.180 sized egg is equivalent to 0.41 ounce of whole egg solids. [42 FR 14400, Mar. 15, 1977, as amended at 43 FR 38578, Aug. 29, 1978; 46 FR 43413, Aug. 28, 1981; 61 FR 8796, Mar. 5, 1996; 61 FR 14245, Apr. 1, 1996] § 136.130 Milk bread, rolls, and buns. (a) Each of the foods milk bread, milk rolls, and milk buns conforms to the definition and standard of identity and is subject to the requirements for label statement of ingredients pre scribed for bread, rolls or buns by § 136.110 except that: (1) The only moistening ingredient permitted in the preparation of the dough is milk or, as an alternative, a combination of dairy products in such a proportion that the weight of the nonfat milk solids is not more than 2.3 times and not less than 1.2 times the weight of the milkfat therein, with or without water, in a quantity that pro vides not less than 8.2 parts milk solids for each 100 parts by weight of flour. (2) No buttermilk, buttermilk prod uct, cheese whey, cheese whey product, or milk protein is used. (b) The name of the food is ‘‘milk bread’’, ‘‘milk rolls’’, ‘‘milk buns’’, as applicable. § 136.160 Raisin bread, rolls, and buns. (a) Each of the foods raisin bread, raisin rolls, and raisin buns conforms to the definition and standard of iden tity and is subject to the requirements for label statement of ingredients pre scribed for bread, rolls or buns by § 136.110, except that: (1) Not less than 50 parts by weight of seeded or seedless raisins are used for each 100 parts by weight of flour used. (2) Water extract of raisins may be used, but not to replace raisins. (3) The baked units may bear icing or frosting. (4) The limitation prescribed by § 136.110(c)(6) on the quantity and com position of milk and/or other dairy products does not apply. (5) The total solids are determined by the method prescribed in § 136.110(d), except that section 14.091(b) of ‘‘Offi cial Methods of Analysis of the Asso ciation of Official Analytical Chem ists,’’ 13th Ed. (1980), which is incor porated by reference, will apply. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. (b) The name of the food is ‘‘raisin bread’’, ‘‘raisin rolls’’, ‘‘raisin buns’’, as applicable. When the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be ‘‘raisin and egg bread’’, ‘‘raisin and egg rolls’’, or ‘‘raisin and egg buns’’, as applicable, accompanied by the statement ‘‘Contains l medium sized egg(s) per pound’’ in the manner prescribed by § 102.5(c)(3) of this chap ter, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth egg but not greater than the amount actually present. For purposes of this regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of any nonegg solids which may be present in standardized and other commercial egg products. One medium-sized egg is equivalent to 0.41 ounce of whole egg solids. [42 FR 14400, Mar. 15, 1977, as amended at 47 FR 11826, Mar. 19, 1982; 49 FR 10096, Mar. 19, 1984; 54 FR 24894, June 12, 1989; 63 FR 14035, Mar. 24, 1998] § 136.180 Whole wheat bread, rolls, and buns. (a) Each of the foods whole wheat bread, graham bread, entire wheat bread, whole wheat rolls, graham rolls, entire wheat rolls, whole wheat buns, graham buns, and entire wheat buns conforms to the definition and stand ard of identity and is subject to the label statement of ingredients pre scribed for bread, rolls and buns by § 136.110, except that: (1) The dough is made from the op tional ingredient whole wheat flour, bromated whole wheat flour, or a com bination of these. No flour, bromated flour, or phosphated flour is used. The potassium bromate in any bromated whole wheat flour used is deemed to be VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 528 21 CFR Ch. I (4–1–16 Edition) Pt. 137 an additional optional ingredient in the whole wheat bread, whole wheat rolls, or whole wheat buns. (2) The limitation prescribed by § 136.110(c)(6) on the quantity and com position of milk and/or other dairy products does not apply. (b) The name of the food is ‘‘whole wheat bread’’, ‘‘graham bread’’, ‘‘entire wheat bread’’, ‘‘whole wheat rolls’’, ‘‘graham rolls’’, ‘‘entire wheat rolls’’, ‘‘whole wheat buns’’, ‘‘graham buns’’, ‘‘entire wheat buns’’, as applicable. PART 137—CEREAL FLOURS AND RELATED PRODUCTS Subpart A [Reserved] Subpart B—Requirements for Specific Standardized Cereal Flours and Re lated Products Sec. 137.105 Flour. 137.155 Bromated flour. 137.160 Enriched bromated flour. 137.165 Enriched flour. 137.170 Instantized flours. 137.175 Phosphated flour. 137.180 Self-rising flour. 137.185 Enriched self-rising flour. 137.190 Cracked wheat. 137.195 Crushed wheat. 137.200 Whole wheat flour. 137.205 Bromated whole wheat flour. 137.211 White corn flour. 137.215 Yellow corn flour. 137.220 Durum flour. 137.225 Whole durum flour. 137.250 White corn meal. 137.255 Bolted white corn meal. 137.260 Enriched corn meals. 137.265 Degerminated white corn meal. 137.270 Self-rising white corn meal. 137.275 Yellow corn meal. 137.280 Bolted yellow corn meal. 137.285 Degerminated yellow corn meal. 137.290 Self-rising yellow corn meal. 137.300 Farina. 137.305 Enriched farina. 137.320 Semolina. 137.350 Enriched rice. AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, 379e. SOURCE: 42 FR 14402, Mar. 15, 1977, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 137 appear at 63 FR 14035, Mar. 24, 1998. Subpart A [Reserved] Subpart B—Requirements for Spe cific Standardized Cereal Flours and Related Products § 137.105 Flour. (a) Flour, white flour, wheat flour, plain flour, is the food prepared by grinding and bolting cleaned wheat, other than durum wheat and red durum wheat. To compensate for any natural deficiency of enzymes, malted wheat, malted wheat flour, malted barley flour, or any combination of two or more of these, may be used; but the quantity of malted barley flour so used is not more than 0.75 percent. Harmless preparations of a-amylase obtained from Aspergillus oryzae, alone or in a safe and suitable carrier, may be used. When tested for granulation as pre scribed in paragraph (c)(4) of this sec tion, not less than 98 percent of the flour passes through a cloth having openings not larger than those of woven wire cloth designated ‘‘212 μm (No. 70)’’ complying with the specifica tions for such cloth set forth in ‘‘Offi cial Methods of Analysis of the Asso ciation of Official Analytical Chem ists’’ (AOAC), 13th Ed. (1980), Table 1, ‘‘Nominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),’’ under the heading ‘‘Definitions of Terms and Explanatory Notes,’’ which is incor porated by reference. Copies may be obtained from the AOAC INTER NATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Ar chives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. The flour is freed from bran coat, or bran coat and germ, to such extent that the percent of ash therein, calculated to a moisture-free basis, is not more than the sum of 1⁄20 of the percent of protein therein, cal culated to a moisture-free basis, plus 0.35. Its moisture content is not more than 15 percent. It may contain ascor bic acid in a quantity not to exceed 200 parts per million as a dough condi tioner. Unless such addition conceals damage or inferiority or makes the flour appear to be better or of greater VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B