Cacao products (21 CFR 163.5-163.155)

664 21 CFR Ch. I (4–1–16 Edition) Pt. 163 can size 401 × 206. For can sizes dif fering from those specified in this para graph (c)(3)(i), special press cylinders and plungers may be used. Special press less than the outside diameters, at the cylinders have inside diameters 1⁄10-inch double seam, for the can sizes for which the cylinders are used; plung er diameters are 0.025-inch less than the inside diameters of the press cyl inders. (ii) The core cutter referred to in paragraph (c)(2) (ix) and (xi) of this sec tion and paragraph (c)(3)(i) of this sec tion is made from a previously sealed 300 × 407 can. The cover, including the top seam, is cut out. The edge is smoothed and sharpened. A small hole to permit passage of air is made in the bottom. (iii) The hydraulic press referred to in paragraph (c)(2) (vi) to (x) of this section, inclusive, is made by so mounting a hydraulic jack, in a strong frame, that it will press horizontally against the center of the plunger in the press cylinder used. The frame is so braced that it does not change shape when pressure is applied. The gauge on the hydraulic jack is so calibrated that it will indicate, for the plunger being used, when the plunger is pressing against the contents of the press cyl inder with a pressure of 384 pounds per square inch of plunger face. (iv) The sieving device referred to in paragraph (c)(2)(xii) of this section con sists of three sieves, each approxi mately 1 foot square, loosely mounted, one above the other, in a metal frame. The mesh in the top sieve complies with the specifications for 11⁄2-inch woven-wire cloth as prescribed in para graph (a)(7) of this section. The meshes in the sieves below comply with similar specifications for 1-inch and 1⁄2-inch woven-wire cloth as set forth in the same publication. The sides of each sieve are formed, in a raised rim, from 3⁄4-inch × 1⁄8-inch metal strap. The frame has tracks made of 3⁄8-inch angle metal to support each sieve under each side. The tracks are so positioned as to permit each sieve a free vertical travel of 13⁄4 inches. (4) If canned tuna falls below the ap plicable standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill provided in § 130.14(b) of this chapter, in the manner and form therein specified. [42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 55 FR 45797, Oct. 31, 1990; 56 FR 6263, Feb. 15, 1991; 58 FR 2884, Jan. 6, 1993; 61 FR 14480, Apr. 2, 1996; 63 FR 14035, Mar. 24, 1998; 66 FR 56035, Nov. 6, 2001] PART 163—CACAO PRODUCTS Subpart A—General Provisions Sec. 163.5 Methods of analysis. Subpart B—Requirements for Specific Standardized Cacao Products 163.110 Cacao nibs. 163.111 Chocolate liquor. 163.112 Breakfast cocoa. 163.113 Cocoa. 163.114 Lowfat cocoa. 163.117 Cocoa with dioctyl sodium sulfo succinate for manufacturing. 163.123 Sweet chocolate. 163.124 White chocolate. 163.130 Milk chocolate. 163.135 Buttermilk chocolate. 163.140 Skim milk chocolate. 163.145 Mixed dairy product chocolates. 163.150 Sweet cocoa and vegetable fat coat ing. 163.153 Sweet chocolate and vegetable fat coating. 163.155 Milk chocolate and vegetable fat coating. AUTHORITY: 21 U.S.C. 321, 331, 341, 343, 348, 371, 379e. SOURCE: 58 FR 29529, May 21, 1993, unless otherwise noted. Subpart A—General Provisions § 163.5 Methods of analysis. Shell and cacao fat content in cacao products shall be determined by the following methods of analysis pre scribed in ‘‘Official Methods of Anal ysis of the Association of Official Ana lytical Chemists,’’ which are incor porated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 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 VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00674 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 665 Food and Drug Administration, HHS § 163.111 (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. (a) Shell content—12th ed. (1975), methods 13.010–13.014, under the head ing ‘‘Shell in Cacao Nibs—Official Final Action,’’ pp. 208–210. (b) Fat content—15th ed. (1990), meth od 963.15, under the heading ‘‘Fat in Cacao Products—Soxhlet Extraction Method—Final Action, 1973,’’ pp. 770– 771. [58 FR 29529, May 21, 1993, as amended at 63 FR 14035, Mar. 24, 1998] Subpart B—Requirements for Spe cific Standardized Cacao Products § 163.110 Cacao nibs. (a) Description. (1) Cacao nibs is the food prepared by removing the shell from cured, cleaned, dried, and cracked cacao beans. The cacao shell content is not more than 1.75 percent by weight, calculated on an alkali free basis, as determined by the method prescribed in § 163.5(a). (2) The cacao nibs, or the cacao beans from which they are prepared, may be processed by heating with one or more of the optional alkali ingredients speci fied in paragraph (b)(1) of this section. (3) The cacao nibs, or the cacao beans from which they are prepared, as ap propriate, may be further processed with one or more of the optional neu tralizing agents specified in paragraph (b)(2) of this section. (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Alkali ingredients. Ammonium, potassium, or sodium bicarbonate, car bonate, or hydroxide, or magnesium carbonate or oxide, added as such, or in aqueous solution. For each 100 parts by weight of cacao nibs, used as such, or before shelling from the cacao beans, the total quantity of alkali ingredients used is not greater in neutralizing value (calculated from the respective combined weights of the alkali ingredi ents used) than the neutralizing value of 3 parts by weight of anhydrous po tassium carbonate. (2) Neutralizing agents. Phosphoric acid, citric acid, and L-tartaric acid, added as such, or in aqueous solution. For each 100 parts by weight of cacao nibs, used as such, or before shelling from the cacao beans, the total quan tity of phosphoric acid used is not greater than 0.5 part by weight, ex pressed as P2O5. The total amount, sin gly or in combination, of citric acid and L-tartaric acid is not greater than 1.0 part by weight. (c) Nomenclature. The name of the food is ‘‘cacao nibs’’, ‘‘cocoa nibs’’, or ‘‘cracked cocoa’’. (1) When the cacao nibs, or the cacao beans from which they are prepared, are processed with alkali ingredients specified in para graph (b)(1) of this section, the name of the food shall be accompanied by the statement ‘‘Processed with alkali’’ or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific alkali ingre dient used in the food. (2) When the cacao nibs, or the cacao beans from which they are prepared, are processed with neutralizing agents specified in paragraph (b)(2) of this sec tion, the name of the food shall be ac companied by the statement ‘‘Proc essed with neutralizing agent’’ or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific neutralizing agent used in the food. (3) Whenever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the statements prescribed in paragraphs (c)(1) and (c)(2) of this section shall precede or follow the name without intervening 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. § 163.111 Chocolate liquor. (a) Description. (1) Chocolate liquor is the solid or semiplastic food prepared by finely grinding cacao nibs. The fat content of the food may be adjusted by adding one or more of the optional in gredients specified in paragraph (b)(1) VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00675 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 666 21 CFR Ch. I (4–1–16 Edition) § 163.112 of this section to the cacao nibs. Choc olate liquor contains not less than 50 percent nor more than 60 percent by weight of cacao fat as determined by the method prescribed in § 163.5(b). (2) Optional alkali ingredients speci fied in paragraph (b)(2) of this section may be used as such in the preparation of chocolate liquor under the condi tions and limitations specified in § 163.110(b)(1). (3) Optional neutralizing agents spec ified in paragraph (b)(3) of this section may be used as such in the preparation of the chocolate liquor under the condi tions and limitations specified in § 163.110(b)(2). (4) Chocolate liquor may be spiced, flavored, or seasoned with one or more of the ingredients listed in paragraphs (b)(4), (b)(5), and (b)(6) of this section. (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Cacao fat and cocoas (breakfast cocoa, cocoa, or lowfat cocoa); (2) Alkali ingredients. Ammonium, potassium, or sodium bicarbonate, car bonate, or hydroxide, or magnesium carbonate or oxide, added as such, or in aqueous solution; (3) Neutralizing agents. Phosphoric acid, citric acid, and L-tartaric acid, added as such, or in aqueous solution; (4) Spices, natural and artificial flavorings, ground whole nut meats, ground coffee, dried malted cereal ex tract, and other seasonings that do not either singly or in combination impart a flavor that imitates the flavor of chocolate, milk, or butter; (5) Butter or milkfat; or (6) Salt. (c) Nomenclature. The name of the food is ‘‘chocolate liquor’’, ‘‘choco late’’, ‘‘unsweetened chocolate’’, ‘‘bit ter chocolate’’, ‘‘baking chocolate’’, ‘‘cooking chocolate’’, ‘‘chocolate coat ing’’, or ‘‘unsweetened chocolate coat ing’’. (1) When any optional alkali ingre dient specified in paragraph (b)(2) of this section is used, including those used in the preparation of the cacao nibs and cocoas from which the choco late liquor was prepared, the name of the food shall be accompanied by the statement ‘‘Processed with alkali’’ or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific alkali ingre dient used in the food. (2) When any optional neutralizing agent specified in paragraph (b)(3) of this section is used, including those used in the preparation of the cacao nibs and cocoas from which the choco late liquor was prepared, the name of the food shall be accompanied by the statement ‘‘Processed with neutral izing agent’’ or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the spe cific neutralizing ingredient used in the food. (3) When one or more spices, flavorings, or seasonings specified in paragraphs (b)(4) and (b)(5) of this sec tion are used in the chocolate liquor, the label shall bear an appropriate statement, e.g., ‘‘Spice added’’, ‘‘Fla vored with lll’’, ‘‘Seasoned with lll’’, or ‘‘With lll added’’, the blank being filled in with the common or usual name of the spice, flavoring, or seasoning used, in accordance with § 101.22 of this chapter. (4) When two or more of the state ments set forth in this paragraph are required, such statements may be com bined in a manner that is appropriate, but not misleading. (5) Whenever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the statements prescribed in this section, showing op tional ingredients used, shall precede or follow the name without intervening 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. § 163.112 Breakfast cocoa. (a) Description. (1) Breakfast cocoa is the food prepared by pulverizing the material remaining after part of the cacao fat has been removed from ground cacao nibs. Breakfast cocoa contains not less than 22 percent by weight of cacao fat as determined by the method prescribed in § 163.5(b). (2) Optional alkali ingredients speci fied in paragraph (b)(1) of this section may be used as such in the preparation VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00676 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 667 Food and Drug Administration, HHS § 163.117 of breakfast cocoa under the conditions and limitations specified in § 163.110(b)(1). (3) Optional neutralizing agents spec ified in paragraph (b)(2) of this section may be used as such in the preparation of the breakfast cocoa under the condi tions and limitations specified in § 163.110(b)(2). (4) Breakfast cocoa may be spiced, flavored, or seasoned with one or more of the ingredients listed in paragraphs (b)(3) and (b)(4) of this section. (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Alkali ingredients. Ammonium, potassium, or sodium bicarbonate, car bonate, or hydroxide, or magnesium carbonate or oxide, used as such, or in aqueous solution; (2) Neutralizing agents. Phosphoric acid, citric acid and L-tartaric acid, used as such, or in aqueous solution; (3) Spices, natural and artificial flavorings, and other seasonings that do not either singly or in combination impart a flavor that imitates the flavor of chocolate, milk, or butter; or (4) Salt. (c) Nomenclature. The name of the food is ‘‘breakfast cocoa’’, or ‘‘high fat cocoa’’. (1) When any optional alkali ingre dient specified in paragraph (b)(1) of this section is used, including those used in the preparation of the cacao nibs from which the breakfast cocoa was prepared, the name of the food shall be accompanied by the statement ‘‘Processed with alkali’’, or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific alkali ingredient used in the food. (2) When any optional neutralizing agent specified in paragraph (b)(2) of this section is used, including those used in the preparation of the cacao nibs from which the breakfast cocoa was prepared, the name of the food shall be accompanied by the statement ‘‘Processed with neutralizing agent’’ or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific neutralizing agent used in the food. (3) When one or more of the spices, flavorings, or seasonings specified in paragraph (b)(3) of this section are used in the breakfast cocoa, the label shall bear an appropriate statement, e.g., ‘‘Spice added’’, ‘‘Flavored with lll’’, or ‘‘With lll added’’, the blank being filled in with the common or usual name of the spice, flavoring, or sea soning used, in accordance with § 101.22 of this chapter. (4) When two or more of the state ments set forth in this paragraph are required, such statements may be com bined in a manner that is appropriate, but not misleading. (5) Whenever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the statements prescribed in this paragraph showing optional ingredients used shall precede or follow the name without intervening 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. § 163.113 Cocoa. (a) Description. Cocoa is the food that conforms to the definition and stand ard of identity, and is subject to the re quirements for label declaration of in gredients for breakfast cocoa in § 163.112, except that the cacao fat con tent is less than 22 percent, but not less than 10 percent by weight, as deter mined by the method prescribed in § 163.5(b). (b) Nomenclature. The name of the food is ‘‘cocoa’’ or ‘‘medium fat cocoa’’. § 163.114 Lowfat cocoa. (a) Description. Lowfat cocoa is the food that conforms to the definition and standard of identity, and is subject to the requirements for label declara tion of ingredients for breakfast cocoa in § 163.112, except that the cacao fat content is less than 10 percent by weight, as determined by the method prescribed in § 163.5(b). (b) Nomenclature. The name of the food is ‘‘lowfat cocoa’’. § 163.117 Cocoa with dioctyl sodium sulfosuccinate for manufacturing. (a) Description. Cocoa with dioctyl so dium sulfosuccinate for manufacturing VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00677 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 668 21 CFR Ch. I (4–1–16 Edition) § 163.123 is the food additive complying with the provisions prescribed in § 172.520 of this chapter. It conforms to the definition and standard of identity, and is subject to the requirements for label declara tion of ingredients, for breakfast cocoa in § 163.112, or for cocoa in § 163.113, or for lowfat cocoa in § 163.114, except that the food additive contains dioctyl so dium sulfosuccinate (complying with the requirements of § 172.810 of this chapter, including the limit of not more than 0.4 percent by weight of the finished food additive). (b) Nomenclature. The name of the food additive is ‘‘cocoa with dioctyl so dium sulfosuccinate for manufac turing’’ to which is added any modifier of the word ‘‘cocoa’’ required by the definition and standard of identity to which the food additive otherwise con forms. When the food additive is used in a fabricated food, the phrase ‘‘for manufacturing’’ may be omitted from any declaration of ingredients required under § 101.4 of this chapter. § 163.123 Sweet chocolate. (a) Description. (1) Sweet chocolate is the solid or semiplastic food prepared by intimately mixing and grinding chocolate liquor with one or more op tional nutritive carbohydrate sweet eners, and may contain one or more of the other optional ingredients specified in paragraph (b) of this section. (2) Sweet chocolate contains not less than 15 percent by weight of chocolate liquor complying with the require ments of § 163.111, as calculated by sub tracting from the weight of the choco late liquor used the weight of the cacao fat therein and the weights therein of any alkali, neutralizing, and seasoning ingredients, and multiplying the re mainder by 2.2, dividing the result by the weight of the finished sweet choco late, and multiplying the quotient by 100. The finished sweet chocolate con tains less than 12 percent by weight of total milk solids based on those dairy ingredients specified in paragraph (b)(4) of this section, exclusive of any added sweetener or other dairy derived ingredient that is added beyond that amount that is normally present in the specified dairy ingredient. (3) Semisweet chocolate or bitter sweet chocolate is sweet chocolate that contains not less than 35 percent by weight of chocolate liquor complying with the requirements of § 163.111 and calculated in the same manner as set forth in paragraph (a)(2) of this section. (4) Cacao fat is determined by the method prescribed in § 163.5(b). (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Cacao fat; (2) Nutritive carbohydrate sweet eners; (3) Spices, natural and artificial flavorings, ground whole nut meats, ground coffee, dried malted cereal ex tract, salt, and other seasonings that do not either singly or in combination impart a flavor that imitates the flavor of chocolate, milk, or butter; (4) Dairy ingredients: (i) Cream, milkfat, butter; (ii) Milk, concentrated milk, evapo rated milk, sweetened condensed milk, dried milk; (iii) Skim milk, concentrated skim milk, evaporated skim milk, sweetened condensed skim milk, nonfat dry milk; (iv) Concentrated buttermilk, dried buttermilk; and (v) Malted milk; or (5) Emulsifying agents, used singly or in combination, the total amount of which does not exceed 1.0 percent by weight. (c) Nomenclature. The name of the food is ‘‘sweet chocolate’’, ‘‘sweet choc olate coating’’, ‘‘semisweet chocolate’’, ‘‘semisweet chocolate coating’’, ‘‘bit tersweet chocolate’’, or ‘‘bittersweet chocolate coating’’, as appropriate. (1) When optional alkalizing ingredi ents are used in the preparation of the chocolate liquor or the cacao nibs from which the chocolate was prepared, the label shall bear the statement ‘‘Proc essed with alkali’’, or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the spe cific alkali ingredient used in the food. (2) When optional neutralizing agents are used in the preparation of the choc olate liquor or the cacao nibs from which the chocolate was prepared, the label shall bear the statement ‘‘Proc essed with neutralizing agents’’, or ‘‘Processed with lll’’, the blank being filled in with the common or VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00678 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 669 Food and Drug Administration, HHS § 163.130 usual name of the specific neutralizing agent used in the food. (3) When one or more of the spices, flavorings, or seasonings specified in paragraph (b)(3) of this section are used in the breakfast cocoa, the label shall bear an appropriate statement, e.g., ‘‘Spice added’’, ‘‘Flavored with lll’’, or ‘‘With lll added’’, the blank being filled in with the common or usual name of the spice, flavoring, or sea soning used, in accordance with § 101.22 of this chapter. (4) When two or more of the state ments set forth in this paragraph are required, such statements may be com bined in a manner that is appropriate, but not misleading. (5) Whenever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the statements prescribed in this paragraph showing optional ingredients used shall precede or follow such name without inter vening 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. § 163.124 White chocolate. (a) Description. (1) White chocolate is the solid or semiplastic food prepared by intimately mixing and grinding cacao fat with one or more of the op tional dairy ingredients specified in paragraph (b)(2) of this section and one or more optional nutritive carbo hydrate sweeteners and may contain one or more of the other optional in gredients specified in paragraph (b) of this section. White chocolate shall be free of coloring material. (2) White chocolate contains not less than 20 percent by weight of cacao fat as calculated by subtracting from the weight of the total fat the weight of the milkfat, dividing the result by the weight of the finished white chocolate, and multiplying the quotient by 100. The finished white chocolate contains not less than 3.5 percent by weight of milkfat and not less than 14 percent by weight of total milk solids, calculated by using only those dairy ingredients specified in paragraph (b)(2) of this sec tion, and not more than 55 percent by weight nutritive carbohydrate sweet ener. (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Nutritive carbohydrate sweet eners; (2) Dairy ingredients: (i) Cream, milkfat, butter; (ii) Milk, dry whole milk, con centrated milk, evaporated milk, sweetened condensed milk; (iii) Skim milk, concentrated skim milk, evaporated skim milk, sweetened condensed skim milk, nonfat dry milk; (iv) Concentrated buttermilk, dried buttermilk; and (v) Malted milk; (3) Emulsifying agents, used singly or in combination, the total amount of which does not exceed 1.5 percent by weight; (4) Spices, natural and artificial flavorings, ground whole nut meats, ground coffee, dried malted cereal ex tract, salt, and other seasonings that do not either singly or in combination impart a flavor that imitates the flavor of chocolate, milk, or butter; (5) Antioxidants; and (6) Whey or whey products, the total amount of which does not exceed 5 per cent by weight. (c) Nomenclature. The name of the food is ‘‘white chocolate’’ or ‘‘white chocolate coating.’’ When one or more of the spices, flavorings, or seasonings specified in paragraph (b)(4) of this sec tion are used, the label shall bear an appropriate statement, e.g., ‘‘Spice added’’, ‘‘Flavored with lll ’’, or ‘‘With lll added’’, the blank being filled in with the common or usual name of the spice, flavoring, or sea soning used, in accordance with § 101.22 of this chapter. (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. [67 FR 62177, Oct. 4, 2002] § 163.130 Milk chocolate. (a) Description. (1) Milk chocolate is the solid or semiplastic food prepared by intimately mixing and grinding chocolate liquor with one or more of the optional dairy ingredients and one VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00679 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 670 21 CFR Ch. I (4–1–16 Edition) § 163.135 or more optional nutritive carbo hydrate sweeteners, and may contain one or more of the other optional in gredients specified in paragraph (b) of this section. (2) Milk chocolate contains not less than 10 percent by weight of chocolate liquor complying with the require ments of § 163.111 as calculated by sub tracting from the weight of the choco late liquor used the weight of cacao fat therein and the weights of alkali, neu tralizing and seasoning ingredients, multiplying the remainder by 2.2, di viding the result by the weight of the finished milk chocolate, and multi plying the quotient by 100. The finished milk chocolate contains not less than 3.39 percent by weight of milkfat and not less than 12 percent by weight of total milk solids based on those dairy ingredients specified in paragraph (b)(4) of this section, exclusive of any added sweetener or other dairy-derived ingredient that is added beyond that amount that is normally present in the specified dairy ingredient. (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Cacao fat; (2) Nutritive carbohydrate sweet eners; (3) Spices, natural and artificial flavorings, ground whole nut meats, ground coffee, dried malted cereal ex tract, salt, and other seasonings that do not either singly or in combination impart a flavor that imitates the flavor of chocolate, milk, or butter; (4) Dairy ingredients: (i) Cream, milkfat, butter; (ii) Milk, concentrated milk, evapo rated milk, sweetened condensed milk, dried milk; and (iii) Skim milk, concentrated skim milk, evaporated skim milk, sweetened condensed skim milk, nonfat dry milk; or (5) Emulsifying agents, used singly or in combination, the total amount of which does not exceed 1.0 percent by weight. (c) Nomenclature. The name of the food is ‘‘milk chocolate’’ or ‘‘milk chocolate coating’’. (1) When optional alkali ingredients are used in the preparation of the choc olate liquor or the cacao nibs from which the milk chocolate was prepared, the label shall bear the statement ‘‘Processed with alkali’’, or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific alkali ingredient used in the food. (2) When optional neutralizing agents are used in the preparation of the choc olate liquor or the cacao nibs from which the milk chocolate was prepared, the label shall bear the statement ‘‘Processed with neutralizing agents’’, or ‘‘Processed with lll’’, the blank being filled in with the common or usual name of the specific neutralizing agent used in the food. (3) When one or more of the spices, flavorings, or seasonings specified in paragraph (b)(3) of this section are used in the breakfast cocoa, the label shall bear an appropriate statement, e.g., ‘‘Spice added’’, ‘‘Flavored with lll’’, or ‘‘With lll added’’, the blank being filled in with the common or usual name of the spice, flavoring, or sea soning used, in accordance with § 101.22 of this chapter. (4) When two or more of the state ments set forth in this paragraph are required, such statements may be com bined in a manner that is appropriate, but not misleading. (5) Whenever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the statements prescribed in this paragraph showing optional ingredients used shall precede or follow such name without inter vening 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. § 163.135 Buttermilk chocolate. (a) Description. Buttermilk chocolate is the food that conforms to the stand ard of identity, and is subject to the re quirements for label declaration of in gredients for milk chocolate in § 163.130, except that: (1) The optional dairy ingredients are limited to sweet cream buttermilk, concentrated sweet cream buttermilk, dried sweet cream buttermilk, and any combination of these; and VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00680 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 671 Food and Drug Administration, HHS § 163.150 (2) The finished buttermilk chocolate contains less than 3.39 percent by weight of milkfat and not less than 12 percent by weight of sweet cream but termilk solids based on those dairy in gredients specified in paragraph (a)(1) of this section, exclusive of any added sweetener or other dairy-derived ingre dient that is added beyond that amount that is normally present in the specified dairy ingredient. (b) Nomenclature. The name of the food is ‘‘buttermilk chocolate’’, ‘‘but termilk chocolate coating’’, ‘‘sweet buttermilk chocolate’’, ‘‘sweet butter milk chocolate coating’’, ‘‘sweet cream buttermilk chocolate’’, or ‘‘sweet cream buttermilk chocolate coating’’. § 163.140 Skim milk chocolate. (a) Description. Skim milk chocolate is the food that conforms to the stand ard of identity, and is subject to the re quirements for label declaration of in gredients for milk chocolate in § 163.130, except that: (1) The optional dairy ingredients are limited to skim milk, evaporated skim milk, concentrated skim milk, sweet ened condensed skim milk, nonfat dry milk, and any combination of these; and (2) The finished skim milk chocolate contains less than 3.39 percent by weight of milkfat and not less than 12 percent by weight of skim milk solids based on those dairy ingredients speci fied in paragraph (a)(1) of this section, exclusive of any added sweetener or other dairy-derived ingredient that is added beyond that amount that is nor mally present in the specified dairy in gredient. (b) Nomenclature. The name of the food is ‘‘skim milk chocolate’’, ‘‘skim milk chocolate coating’’, ‘‘sweet skim milk chocolate’’, or ‘‘sweet skim milk chocolate coating’’. § 163.145 Mixed dairy product choco lates. (a) Description. Mixed dairy product chocolates are the foods that conform to the standard of identity, and are subject to the requirements for label declaration of ingredients for milk chocolate in § 163.130, except that: (1) The optional dairy ingredients for each of the foods are mixtures of two or more of the following: (i) Any dairy ingredients specified in § 163.130; (ii) Any dairy ingredients specified in § 163.135; (iii) Any dairy ingredients specified in § 163.140; or (iv) Malted milk; and (2) The finished mixed dairy product chocolates shall contain not less than 12 percent by weight of total milk sol ids derived from those dairy products referred to in paragraph (a)(1) of this section, exclusive of any added sweet ener or other dairy-derived ingredient that is added beyond that amount that is normally present in the specified dairy product, and may contain less than 3.39 percent by weight of milkfat. The quantity of each component used in any such mixture is such that no component contributes less than one third of the weight of the total milk solids contributed by that component which is used in the largest proportion. (b) Nomenclature. The name of the food is ‘‘chocolate’’, or ‘‘chocolate coating’’, preceded by the designation of the type of milk ingredients used as prescribed in paragraph (a) of this sec tion in order of predominance by weight, e.g., ‘‘milk and skim milk chocolate’’. § 163.150 Sweet cocoa and vegetable fat coating. (a) Description. Sweet cocoa and vege table fat coating is the food that con forms to the definition and standard of identity, and is subject to the require ments for label declaration of ingredi ents for sweet chocolate in § 163.123, ex cept that: (1) In the preparation of the product, cocoa or a mixture of cocoa and choco late liquor is used in such quantity that the finished food contains not less than 6.8 percent by weight of nonfat cacao solids, calculated on a moisture free basis; (2) One or more optional ingredients specified in paragraph (b) of this sec tion are used; and (3) The requirement in § 163.123(a)(2) limiting the total milk solids content to less than 12 percent by weight does not apply. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00681 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 672 21 CFR Ch. I (4–1–16 Edition) § 163.153 (b) Optional ingredients. (1) Breakfast cocoa, cocoa, lowfat cocoa; (2) Chocolate liquor; (3) Safe and suitable vegetable de rived fats, oils, and stearins other than cacao fat. The fats, oils, and stearins may be hydrogenated; (4) Safe and suitable dairy-derived in gredients; and (5) Safe and suitable bulking agents, formulation aids, humectants, and texturizers. (c) Nomenclature. The name of the food is ‘‘sweet cocoa and vegetable fat coating’’. Alternatively, the common or usual name of the vegetable derived fat ingredient may be used in the name of the food, e.g., ‘‘sweet cocoa and lll oil coating’’, the blank being filled in with the common or usual name of the specific vegetable fat used. § 163.153 Sweet chocolate and vege table fat coating. (a) Description. Sweet chocolate and vegetable fat coating is the food that conforms to the definition and stand ard of identity, and is subject to the re quirements for label declaration of in gredients for sweet chocolate in § 163.123, except that one or more op tional ingredients specified in para graph (b) of this section are used. Com pliance with the requirement in § 163.123(a)(2) limiting the total milk solids content to less than 12 percent by weight shall be calculated by in cluding only those dairy ingredients re ferred to in § 163.123(b)(4), exclusive of any added sweetener or other dairy-de rived ingredient that is added beyond that amount that is normally present in the specified dairy ingredient. (b) Optional ingredients. (1) Safe and suitable vegetable derived fats, oils, and stearins other than cacao fat. The fats, oils, and stearins may be hydro genated; (2) Safe and suitable dairy-derived in gredients; and (3) Safe and suitable bulking agents, formulation aids, humectants, and texturizers. (c) Nomenclature. The name of the food is ‘‘sweet chocolate and vegetable fat coating’’. Alternatively, the com mon or usual name of the vegetable de rived fat ingredient may be used in the name of the food, e.g., ‘‘sweet choco late and lll oil coating’’, the blank being filled in with the common or usual name of the specific vegetable fat used. § 163.155 Milk chocolate and vegetable fat coating. (a) Description. Milk chocolate and vegetable fat coating is the food that conforms to the standard of identity, and is subject to the requirements for label declaration of ingredients for milk chocolate in § 163.130 or skim milk chocolate in § 163.140, except that one or more optional ingredients specified in paragraph (b) of this section are used. Compliance with the requirement in § 163.130(a)(2) that the product con tains not less than 12 percent by weight of nonfat milk solids shall be cal culated using only those dairy ingredi ents referred to in § 163.130(b)(4), exclu sive of any added sweetener or other dairy-derived ingredient that is added beyond that amount that is normally present in the specified dairy ingre dient. (b) Optional ingredients. (1) Safe and suitable vegetable derived oils, fats, and stearins other than cacao fat. The oils, fats, and stearins may be hydro genated; (2) Safe and suitable dairy-derived in gredients; and (3) Safe and suitable bulking agents, formulation aids, humectants, and texturizers. (c) Nomenclature. The name of the food is ‘‘milk chocolate and vegetable fat coating’’ or ‘‘skim milk chocolate and vegetable fat coating’’, as appro priate. Alternatively, the common or usual name of the vegetable derived fat ingredient may be used in the name of the food, e.g., ‘‘milk chocolate and lll oil coating’’, the blank being filled in with the common or usual name of the specific vegetable fat used. PART 164—TREE NUT AND PEANUT PRODUCTS Subpart A [Reserved] Subpart B—Requirements for Specific Standardized Tree Nut and Peanut Products Sec. 164.110 Mixed nuts. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00682 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