Food dressings and flavorings (21 CFR 169.3-169.182)

703 Food and Drug Administration, HHS § 169.115 PART 169—FOOD DRESSINGS AND FLAVORINGS Subpart A—General Provisions Sec. 169.3 Definitions. Subpart B—Requirements for Specific Standardized Food Dressings and Flavorings 169.115 French dressing. 169.140 Mayonnaise. 169.150 Salad dressing. 169.175 Vanilla extract. 169.176 Concentrated vanilla extract. 169.177 Vanilla flavoring. 169.178 Concentrated vanilla flavoring. 169.179 Vanilla powder. 169.180 Vanilla-vanillin extract. 169.181 Vanilla-vanillin flavoring. 169.182 Vanilla-vanillin powder. AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, 379e. SOURCE: 42 FR 14481, Mar. 15, 1977, unless otherwise noted. Subpart A—General Provisions § 169.3 Definitions. For the purposes of this part: (a) The term vanilla beans means the properly cured and dried fruit pods of Vanilla planifolia Andrews and of Vanilla tahitensis Moore. (b) The term unit weight of vanilla beans means, in the case of vanilla beans containing not more than 25 per cent moisture, 13.35 ounces of such beans; and, in the case of vanilla beans containing more than 25 percent mois ture, it means the weight of such beans equivalent in content of moisture-free vanilla-bean solids to 13.35 ounces of vanilla beans containing 25 percent moisture. (For example, one unit weight of vanilla beans containing 33.25 percent moisture amounts to 15 ounces.) The moisture content of va nilla beans is determined by the meth od prescribed in ‘‘Official Methods of Analysis of the Association of Official Analytical Chemists,’’ 13th Ed. (1980), sections 7.004 and 7.005, which is incor porated by reference, except that the toluene used is blended with 20 percent by volume of benzene and the total dis tillation time is 4 hours. Copies of the material incorporated by reference 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. To prepare samples for analysis, the pods are chopped into pieces approximately 1⁄4-inch in longest dimension, using care to avoid mois ture change. (c) The term unit of vanilla constituent means the total sapid and odorous principles extractable from one unit weight of vanilla beans, as defined in paragraph (b) of this section, by an aqueous alcohol solution in which the content of ethyl alcohol by volume amounts to not less than 35 percent. [42 FR 14481, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982; 49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 63 FR 14035, Mar. 24, 1998] Subpart B—Requirements for Spe cific Standardized Food Dressings and Flavorings § 169.115 French dressing. (a) Description. French dressing is the separable liquid food or the emulsified viscous fluid food prepared from vege table oil(s) and one or both of the acidifying ingredients specified in paragraph (b) of this section. One or more of the ingredients specified in paragraph (c) of this section may also be used. The vegetable oil(s) used may contain an optional crystallization in hibitor as specified in paragraph (c)(11) of this section. All the ingredients from which the food is fabricated shall be safe and suitable. French dressing contains not less than 35 percent by weight of vegetable oil. French dress ing may be mixed and packed in an at mosphere in which air is replaced in whole or in part by carbon dioxide or nitrogen. (b) Acidifying ingredients. (1) Any vin egar or any vinegar diluted with water, or any such vinegar or diluted vinegar mixed with an optional acidifying in gredient as specified in paragraph (c)(9) of this section. For the purpose of this VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00713 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 704 21 CFR Ch. I (4–1–16 Edition) § 169.140 paragraph, any blend of two or more vinegars is considered to be a vinegar. (2) Lemon juice and/or lime juice in any appropriate form, which may be di luted with water. (c) Other optional ingredients. The fol lowing optional ingredients may also be used: (1) Salt. (2) Nutritive carbohydrate sweet eners. (3) Spices and/or natural flavorings. (4) Monosodium glutamate. (5) Tomato paste, tomato puree, cat sup, sherry wine. (6) Eggs and ingredients derived from eggs. (7) Color additives that will impart the color traditionally expected. (8) Stabilizers and thickeners to which calcium carbonate or sodium hexametaphosphate may be added. Dioctyl sodium sulfosuccinate may be added in accordance with § 172.810 of this chapter. (9) Citric and/or malic acid, in an amount not greater than 25 percent of the weight of the acids of the vinegar or diluted vinegar calculated as acetic acid. (10) Sequestrant(s), including but not limited to calcium disodium EDTA (calcium disodium ethylenediamine tetraacetate) and/or disodium EDTA (disodium ethylenediamine tetraacetate), may be used to preserve color and/or flavor. (11) Crystallization inhibitors, in cluding but not limited to oxystearin, lecithin, or polyglycerol esters of fatty acids. (d) Nomenclature. The name of the food is ‘‘French dressing’’. (e) 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. [42 FR 14481 Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] § 169.140 Mayonnaise. (a) Description. Mayonnaise is the emulsified semisolid food prepared from vegetable oil(s), one or both of the acidifying ingredients specified in paragraph (b) of this section, and one or more of the egg yolk-containing in gredients specified in paragraph (c) of this section. One or more of the ingre dients specified in paragraph (d) of this section may also be used. The vege table oil(s) used may contain an op tional crystallization inhibitor as spec ified in paragraph (d)(7) of this section. All the ingredients from which the food is fabricated shall be safe and suitable. Mayonnaise contains not less than 65 percent by weight of vegetable oil. Mayonnaise may be mixed and packed in an atmosphere in which air is re placed in whole or in part by carbon di oxide or nitrogen. (b) Acidifying ingredients. (1) Any vin egar or any vinegar diluted with water to an acidity, calculated as acetic acid, of not less than 21⁄2 percent by weight, or any such vinegar or diluted vinegar mixed with an optional acidifying in gredient as specified in paragraph (d)(6) of this section. For the purpose of this paragraph, any blend of two or more vinegars is considered to be a vinegar. (2) Lemon juice and/or lime juice in any appropriate form, which may be di luted with water to an acidity, cal culated as citric acid, of not less than 21⁄2 percent by weight. (c) Egg yolk-containing ingredients. Liquid egg yolks, frozen egg yolks, dried egg yolks, liquid whole eggs, fro zen whole eggs, dried whole eggs, or any one or more of the foregoing ingre dients listed in this paragraph with liq uid egg white or frozen egg white. (d) Other optional ingredients. The fol lowing optional ingredients may also be used: (1) Salt. (2) Nutritive carbohydrate sweet eners. (3) Any spice (except saffron or tur meric) or natural flavoring, provided it does not impart to the mayonnaise a color simulating the color imparted by egg yolk. (4) Monosodium glutamate. (5) Sequestrant(s), including but not limited to calcium disodium EDTA (calcium disodium ethylenediamine tetraacetate) and/or disodium EDTA (disodium ethylenediaminetetra acetate), may be used to preserve color and/or flavor. (6) Citric and/or malic acid in an amount not greater than 25 percent of the weight of the acids of the vinegar VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00714 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 705 Food and Drug Administration, HHS § 169.175 or diluted vinegar, calculated as acetic acid. (7) Crystallization inhibitors, includ ing but not limited to oxystearin, lecithin, or polyglycerol esters of fatty acids. (e) Nomenclature. The name of the food is ‘‘Mayonnaise’’. (f) 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. [42 FR 14481, Mar. 15, 1977, as amended at 57 FR 34246, Aug. 4, 1992; 58 FR 2886, Jan. 6, 1993] § 169.150 Salad dressing. (a) Description. Salad dressing is the emulsified semisolid food prepared from vegetable oil(s), one or both of the acidifying ingredients specified in paragraph (b) of this section, one or more of the egg yolk-containing ingre dients specified in paragraph (c) of this section, and a starchy paste prepared as specified in paragraph (e) of this sec tion. One or more of the ingredients in paragraph (e) of this section may also be used. The vegetable oil(s) used may contain an optional crystallization in hibitor as specified in paragraph (e)(8) of this section. All the ingredients from which the food is fabricated shall be safe and suitable. Salad dressing contains not less than 30 percent by weight of vegetable oil and not less egg yolk-containing ingredient than is equivalent in egg yolk solids content to 4 percent by weight of liquid egg yolks. Salad dressing may be mixed and packed in an atmosphere in which air is replaced in whole or in part by carbon dioxide or nitrogen. (b) Acidifying ingredients. (1) Any vin egar or any vinegar diluted with water, or any such vinegar or diluted vinegar mixed with an optional acidifying in gredient as specified in paragraph (e)(6) of this section. For the purpose of this paragraph, any blend of two or more vinegars is considered to be a vinegar. (2) Lemon juice and/or lime juice in any appropriate form, which may be di luted with water. (c) Egg yolk-containing ingredients. Liquid egg yolks, frozen egg yolks, dried egg yolks, liquid whole eggs, fro zen whole eggs, dried whole eggs, or any one of more of the foregoing ingre dients listed in this paragraph with liq uid egg white or frozen egg white. (d) Starchy paste. It may be prepared from a food starch, food starch-modi fied, tapioca flour, wheat flour, rye flour, or any two or more of these. Water may be added in the preparation of the paste. (e) Other optional ingredients. The fol lowing optional ingredients may also be used: (1) Salt. (2) Nutritive carbohydrate sweet eners. (3) Any spice (except saffron or tur meric) or natural flavoring, provided it does not impart to the salad dressing a color simulating the color imparted by egg yolk. (4) Monosodium glutamate. (5) Stabilizers and thickeners. Dioctyl sodium sulfosuccinate may be added in accordance with § 172.810 of this chapter. (6) Citric and/or malic acid may be used in an amount not greater than 25 percent of the weight of the acids of the vinegar or diluted vinegar cal culated as acetic acid. (7) Sequestrant(s), including but not limited to calcium disodium EDTA (calcium disodium ethylenediamine tetraacetate) and/or disodium EDTA (disodium ethylenediamine tetraactetate), may be used to preserve color and/or flavor. (8) Crystallization inhibitors, includ ing but not limited to oxystearin, lecithin, or polyglycerol esters of fatty acids. (f) Nomenclature. The name of the food is ‘‘Salad dressing’’. (g) 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. [42 FR 14481, Mar. 15, 1977, as amended at 42 FR 25325, May 17, 1977; 58 FR 2886, Jan. 6, 1993] § 169.175 Vanilla extract. (a) Vanilla extract is the solution in aqueous ethyl alcohol of the sapid and odorous principles extractable from va nilla beans. In vanilla extract the con tent of ethyl alcohol is not less than 35 percent by volume and the content of vanilla constituent, as defined in VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00715 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 706 21 CFR Ch. I (4–1–16 Edition) § 169.176 § 169.3(c), is not less than one unit per gallon. The vanilla constituent may be extracted directly from vanilla beans or it may be added in the form of con centrated vanilla extract or con centrated vanilla flavoring or vanilla flavoring concentrated to the semisolid form called vanilla oleo-resin. Vanilla extract may contain one or more of the following optional ingredients: (1) Glycerin. (2) Propylene glycol. (3) Sugar (including invert sugar). (4) Dextrose. (5) Corn sirup (including dried corn sirup). (b)(1) The specified name of the food is ‘‘Vanilla extract’’ or ‘‘Extract of va nilla’’. (2) When the vanilla extract is made in whole or in part by dilution of va nilla oleoresin, concentrated vanilla extract, or concentrated vanilla fla voring, the label shall bear the state ment ‘‘Made from lll’’ or ‘‘Made in part from lll’’, the blank being filled in with the name or names ‘‘va nilla oleoresin’’, ‘‘concentrated vanilla extract’’, or ‘‘concentrated vanilla fla voring’’, as appropriate. If the article contains two or more units of vanilla constituent, the name of the food shall include the designation ‘‘l–fold’’, the blank being filled in with the whole number (disregarding fractions) ex pressing the number of units of vanilla constituent per gallon of the article. (3) Wherever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the labeling re quired by paragraph (b)(2) of this sec tion shall immediately and conspicu ously precede or follow such name, without intervening written, printed, or graphic matter. (c) 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. [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] § 169.176 Concentrated vanilla extract. (a) Concentrated vanilla extract con forms to the definition and standard of identity and is subject to any require ment for label statement of ingredients prescribed for vanilla extract by § 169.175, except that it is concentrated to remove part of the solvent, and each gallon contains two or more units of vanilla constituent as defined in § 169.3(c). The content of ethyl alcohol is not less than 35 percent by volume. (b) The specified name of the food is ‘‘Concentrated vanilla extract l–fold’’ or ‘‘l–fold concentrated vanilla ex tract’’, the blank being filled in with the whole number (disregarding frac tions) expressing the number of units of vanilla constituent per gallon of the article. (For example, ‘‘Concentrated vanilla extract 2–fold’’.) [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] § 169.177 Vanilla flavoring. (a) Vanilla flavoring conforms to the definition and standard of identity and is subject to any requirement for label statement of ingredients prescribed for vanilla extract by § 169.175, except that its content of ethyl alcohol is less than 35 percent by volume. (b) The specified name of the food is ‘‘Vanilla flavoring’’. [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] § 169.178 Concentrated vanilla fla voring. (a) Concentrated vanilla flavoring conforms to the definition and stand ard of identity and is subject to any re quirement for label statement of ingre dients prescribed for vanilla flavoring by § 169.177, except that it is con centrated to remove part of the sol vent, and each gallon contains two or more units of vanilla constituent as de fined in § 169.3(c). (b) The specified name of the food is ‘‘Concentrated vanilla flavoring l– fold’’ or ‘‘l–fold concentrated vanilla flavoring’’, the blank being filled in with the whole number (disregarding fractions) expressing the number of units of vanilla constituent per gallon of the article. (For example, ‘‘Con centrated vanilla flavoring 3–fold’’.) [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993] VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00716 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 707 Food and Drug Administration, HHS § 169.181 § 169.179 Vanilla powder. (a) Vanilla powder is a mixture of ground vanilla beans or vanilla oleo resin or both, with one or more of the following optional blending ingredi ents: (1) Sugar. (2) Dextrose. (3) Lactose. (4) Food starch (including food starch-modified as prescribed in § 172.892 of this chapter). (5) Dried corn sirup. (6) Gum acacia. Vanilla powder may contain one or any mixture of two or more of the anticaking ingredients specified in paragraph (b) of this section, but the total weight of any such ingredient or mixture is not more than 2 percent of the weight of the finished vanilla pow der. Vanilla powder contains in each 8 pounds not less than one unit of vanilla constituent, as defined in § 169.3(c). (b) The anticaking ingredients re ferred to in paragraph (a) of this sec tion are: (1) Aluminum calcium silicate. (2) Calcium silicate. (3) Calcium stearate. (4) Magnesium silicate. (5) Tricalcium phosphate. (c)(1) The specified name of the food is ‘‘Vanilla powder l–fold’’ or ‘‘l–fold vanilla powder’’, except that if sugar is the optional blending ingredient used, the word ‘‘sugar’’ may replace the word ‘‘powder’’. The blank in the name is filled in with the whole number (dis regarding fractions) expressing the number of units of vanilla constituent per 8 pounds of the article. However, if the strength of the article is less than 2–fold, the term ‘‘l–fold’’ is omitted from the name. (2) The label of vanilla powder shall bear the common names of any of the optional ingredients specified in para graphs (a) and (b) of this section that are used, except that where the alter native name ‘‘Vanilla sugar’’ is used for designating the food it is not re quired that sugar be named as an op tional ingredient. (3) Wherever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the labeling re quired by paragraph (c)(2) of this sec tion shall immediately and conspicu ously precede or follow such name, without intervening written, printed, or graphic matter. (d) 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. [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] § 169.180 Vanilla-vanillin extract. (a) Vanilla-vanillin extract conforms to the definition and standard of iden tity and is subject to any requirement for label statement of ingredients pre scribed for vanilla extract by § 169.175, except that for each unit of vanilla constituent, as defined in § 169.3(c), con tained therein, the article also con tains not more than 1 ounce of added vanillin. (b) The specified name of the food is ‘‘Vanilla-vanillin extract l–fold’’ or ‘‘l–fold vanilla-vanillin extract’’, fol lowed immediately by the statement ‘‘contains vanillin, an artificial flavor (or flavoring)’’. The blank in the name is filled in with the whole number (dis regarding fractions) expressing the sum of the number of units of vanilla con stituent plus the number of ounces of added vanillin per gallon of the article. However, if the strength of the article is less than 2–fold, the term ‘‘l–fold’’ is omitted from the name. [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] § 169.181 Vanilla-vanillin flavoring. (a) Vanilla-vanillin flavoring con forms to the definition and standard of identity and is subject to any require ment for label statement of ingredients prescribed for vanilla-vanillin extract by § 169.180, except that its content of ethyl alcohol is less than 35 percent by volume. (b) The specified name of the food is ‘‘Vanilla-vanillin flavoring l–fold’’ or ‘‘l–fold vanilla-vanillin flavoring’’, followed immediately by the statement ‘‘contains vanillin, an artificial flavor (or flavoring)’’. The blank in the name is filled in with the whole number (dis regarding fractions) expressing the sum VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00717 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 708 21 CFR Ch. I (4–1–16 Edition) § 169.182 of the number of units of vanilla con stituent plus the number of ounces of added vanillin per gallon of the article. However, if the strength of the article is less than 2–fold, the term ‘‘l–fold’’ is omitted from the name. [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] § 169.182 Vanilla-vanillin powder. (a) Vanilla-vanillin powder conforms to the definition and standard of iden tity and is subject to any requirement for label statement of ingredients pre scribed for vanilla powder by § 169.179, except that for each unit of vanilla constituent as defined in § 169.3(c) con tained therein, the article also con tains not more than 1 ounce of added vanillin. (b) The specified name of the food is ‘‘Vanilla-vanillin powder l–fold’’ or ‘‘l–fold vanilla-vanillin powder’’, fol lowed immediately by the statement ‘‘contains vanillin, an artificial flavor (or flavoring)’’. If sugar is the optional blending ingredient used, the word ‘‘sugar’’ may replace the word ‘‘pow der’’ in the name. The blank in the name is filled in with the whole num ber (disregarding fractions) expressing the sum of the number of units of va nilla constituent plus the number of ounces of added vanillin per 8 pounds of the article. However, if the strength of the article is less than 2–fold the term ‘‘l–fold’’ is omitted from the name. [42 FR 14479, Mar. 15, 1977, as amended at 58 FR 2887, Jan. 6, 1993] VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00718 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