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(2) Physical appearance: May possess a slight unnatural color; free from lumps except those that break up readily under slight pressure and reasonably free from visible dark particles. The reliquefied product shall be reasonably free from graininess. For detailed classification of physical appearance characteristics see Table II.

(3) Laboratory tests: Shall be used to determine classification of the following quality characteristics:

(1) Bacterial estimate: Not more than 100,000 per gram standard plate count. (ii) Butterfat content: Not more than 1.50 percent.

(iii) Moisture content: Not more than 5.0 percent.

(iv) Scorched particle content: Not more than 22.5 mg.

(v) Solubility index: Not more than 2.0 ml., except that product classified as U.S. High Heat may have not more than 2.5 ml.

[23 FR. 9410, Dec. 5, 1958, as amended at 27 FR. 6187, June 30, 1962]

§ 58.2529 U.S. grade not assignable.

Nonfat dry milk which fails to meet the requirements for U.S. Standard Grade and/or shows a direct microscopic clump count exceeding 100 million per gram shall not be assigned a U.S. grade. [38 FR 5623, Mar. 2, 1973]

§ 58.2532 Test methods.

(a) Testing methods contained in Methods of Laboratory Analyses for Dry Whole Milk and Nonfat Dry Milk Solids, Dry Buttermilk and Dry Whey, Consumer and Marketing Service, United States Department of Agriculture, July 1954 (Mimeo.), or latest revision thereof, are used to determine bacterial estimate standard plate count, butterfat content, moisture content, scorched particle content, solubility index, titratable acidity and flavor examination.

(1) Direct microscopic clump count. The method used to determine the direct microscopic clump count shall be as outlined in Standard Methods for the Examination of Dairy Products, Tenth Edition, 1953, published by American Public Health Association, Inc., 1790 Broadway, New York 19, New York, Chapter 6, paragraph 6.39, or latest revision thereof. § 58.2537 Explanation of terms.

(a) With respect to flavor—(1) Slight. Detected only upon critical examination. (2) Definite. Easily detectable but not intense.

(3) Bitter. Similar to taste of quinine.

(4) Chalky. A tactual type of flavor, lacking in characteristic milk flavor.

(5) Cooked. Similar to a custard flavor and imparts a smooth aftertaste.

(6) Feed. Characteristic of the feed flavors in milk carried through into the nonfat dry milk. (7) Flat.

Lacking characteristic sweetness or full flavor.

(8) Oxidized. A flavor resembling cardboard and sometimes referred to as "cappy" or "tallowy".

(9) Scorched. A more intensified flavor than "cooked" and imparts a burnt aftertaste.

(10) Stale, storage. Lacking in freshness and imparting a "rough" aftertaste.

(11) Utensil. A flavor suggestive of improper or inadequate washing and sterilization of milking machines, utensils or factory equipment.

(b) With respect to physical appearance (1) Practically free. Present only upon very critical examination.

(2) Reasonably free. upon critical examination.

Present only

(3) Moderately free. Discernible upon careful examination.

(4) Very slight pressure. Lumps fall apart with only light touch.

(5) Slight pressure. Only sufficient pressure to disintegrate the lumps readily.

(6) Natural color. A color that is white or light cream.

(7) Grainy. Minute particles of undissolved powder appearing on the surface of a glass or tumbler in a thin film.

(8) Unnatural color. A color that is more intense than light cream and is brownish, dull or grey-like.

(9) Lumpy. Loss of powdery consistency but not caked into hard chunks.

(10) Visible dark particles. The presence of scorched or discolored specks. SUPPLEMENT TO U.S. STANDARDS FOR GRADES OF NONFAT DRY MILK (SPRAY PROCESS); U.S. HEAT TREATMENT CLASSIFICATION

§ 58.2538 Basis for obtaining heat treatment classification.

Heat treatment classification is not a U.S. Grade requirement except in cases when the higher solubility index specified for U.S. High Heat product is permitted. In all other instances, product submitted for USDA grading may be analyzed for heat treatment classification upon request of the applicant and the results shown on the grading certificate. Heat treatment classification will be made available only upon a U.S. graded product.

[27 F.R. 6187, June 30, 1962]

§ 58.2539 Nomenclature of U.S. Heat Treatment Classification.

The nomenclature of U.S. Heat Treatment Classification is as follows:

U.S. High Heat. U.S. Medium Heat. U.S. Low Heat.

§ 58.2540 Basis for determination of U.S. Heat Treatment Classification. The whey protein nitrogen test shall be used in determining the heat treatment classification as follows:

(a) U.S. High-heat. The finished product shall not exceed 1.5 mg. undenatured whey protein nitrogen per gram of nonfat dry milk. (b) U.S. Low-heat. The finished product shall show not less than 6.0 mg. undenatured whey protein nitrogen per gram of nonfat dry mlik.

(c) U.S. Medium-heat. The finished product shall show undenatured whey protein nitrogen between the levels of "high-heat" and "low-heat", (1.51 to 5.99 mg.).

§ 58.2541 Test method; whey protein nitrogen.

The method used shall be the modified Harland-Ashworth Method as outlined in "The Turbidimetric Estimation of Undenatured Serum Proteins in Nonfat Dry Milk Solids (NFDMS)" distributed by the American Dry Milk Institute, Inc., 221 North La Salle Street, Chicago 1, Illinois, March 20, 1956. Subpart M-United States Standards for Grades of Nonfat Dry Milk (Roller Process)

§ 58.2550 Nonfat dry milk.

"Nonfat dry milk" is the product resulting from the removal of fat and water from milk, and contains the lactose, milk proteins, and milk minerals in the same relative proportions as in the fresh milk from which made. It contains not over 5 percent by weight of moisture. The fat content shall not exceed 12 percent by weight.

(a) The term "milk" when used in this subpart means fresh, sweet milk produced by healthy cows, that has been pasteurized before or during the manufacture of the nonfat dry milk.1

1 Nonfat dry milk covered by these standards shall not contain buttermilk or any added preservative, neutralizing agent or other chemical.

§ 58.2552 Basis for determination of U.S. grades.

(a) The US. grades of nonfat dry milk-roller process—are determined on the basis of flavor and odor, physical appearance, bacterial estimate on the basis of standard plate count, butterfat, content, moisture content, scorched particle content, solubility index, and titratable acidity.

(b) The final U. S. grade shall be established on the basis of the lowest rating of any one of the quality characteristics.

§ 58.2553 Requirements for U.S. grades of nonfat dry milk.

(a) U.S. Extra. U.S. Extra grade shall conform to the following requirements:

(1) Flavor and odor (applies to reliquefied form): Shall be sweet and desirable, but may possess the following flavors to a slight degree: Chalky, feed, flat, and scorched. For detailed classification of flavor and odor characteristics see Table I.

(2) Physical appearance: Shall possess a uniform white to light cream natural color; free from lumps except those that break up readily with very slight pressure and reasonably free from visible dark particles. The reliquefied product shall be reasonably free from graininess. For detailed classification of physical appearance characteristics see Table II.

(3) Laboratory tests: Shall be used to determine classification of the following quality characteristics:

(1) Bacterial estimate: Not more than 50,000 per gram standard plate count.

(ii) Butterfat content: Not more than 1.25 percent.

(iii) Moisture content: Not more than 4.0 percent.

(iv) Scorched particle content: Not more than 22.5 mg.

(v) Solubility index: Not more than 15.0 ml.

(vi) Titratable acidity: Not more than 0.15 percent.

For detailed classification of laboratory analyses see Table III.

(b) U. S. Standard. U. S. Standard grade shall conform to the following requirements:

(1) Flavor and odor (applies to reliquefied form): Should possess a fairly desirable flavor but may possess the following to a slight degree: Bitter, oxidized, stale, storage and utensil; the following to a definite degree: Chalky, feed, flat, and scorched. For detailed classification of flavor and odor characteristics see Table I.

(2) Physical appearance: May possess a slight unnatural color; free from lumps except those that break up readily under slight pressure and moderately free from visible dark particles. The reliquefied product shall be reasonably free from graininess. For detailed classification of physical appearance characteristics see Table II.

(3) Laboratory tests: Shall be used to determine classification of the following quality characteristics:

(1) Bacterial estimate: Not more than 100,000 per gram standard plate count. (ii) Butterfat content: Not more than 1.50 percent.

(iii) Moisture content: Not more than 5.0 percent.

(iv) Scorched particle content: Not more than 32.5 mg.

(v) Solubility index: Not more than 15.0 ml.

(vi) Titratable acidity: Not more than 0.17 percent.

For detailed classification of laboratory analyses see Table III.

TABLE I-CLASSIFICATION OF FLAVOR AND ODOR CHARACTERISTICS FOR NONFAT DRY MILK-ROLLER PROCESS

§ 58.2554 U.S. grade not assignable. Nonfat dry milk which fails to meet the requirements for U.S. Standard Grade and/or shows a direct microscopic clump count exceeding 100 million per gram shall not be assigned a U.S. grade. [38 FR 5623, Mar. 2, 1973]

§ 58.2558 Test methods.

(7) Oxidized. A flavor resembling cardboard and sometimes referred to as "cappy" or "tallowy”.

(8) Scorched. A more intensified flavor than "cooked" and imparts a burnt aftertaste.

(9) Stale, storage. Lacking in freshness and imparting a "rough" aftertaste.

(10) Utensil. A flavor suggestive of improper or inadequate washing and sterilization of milking machines, utensils, or factory equipment.

(b) With respect to physical appearance (1) Practically free. Present only upon very critical examination.

(2) Reasonably free. Present only upon critical examination.

(3) Moderately free. Discernible upon careful examination.

(4) Very slight pressure. Lumps fall apart with only light touch.

(5) Slight pressure. Only sufficient pressure to disintegrate lumps readily.

(6) Natural color. A color that is white or light cream.

(7) Grainy. Minute particles of undissolved powder appearing on the surface of a glass or tumbler in a thin film.

(8) Unnatural color. A color that is more intense than light cream and is brownish, dull or grey-like.

(9) Lumpy. Loss of powdery consistency but not caked into hard chunks.

(10) Visible dark particles. The presence of scorched or discolored specks. Subpart N United States Standards for Grades of Swiss Cheese, Emmentaler Cheese 1

SOURCE: The provisions of this Subpart N appear at 31 FR 9443, July 12, 1966, unless otherwise noted.

1 Compliance with these standards does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act.

"Swiss cheese," "Emmentaler cheese" is the cheese defined and identified in § 19.540 of the Definitions and Standards of Identity for Food and Food Products of the Food and Drug Administration (21 CFR Part 19).

(a) For the purposes of this subpart the words "Swiss" and "Emmentaler” are interchangeable.

(b) The Swiss cheese in these standards shall mean cheese of the rind or rindless type.

§ 58.2571 Types of packaging.

The following are the types of packaging for Swiss cheese:

(a) Rind. The cheese in wheel or block form is completely covered by a thick rind sufficient to protect the interior of the cheese. The cheese may or may not be paraffined.

(b) Rindless. The cheese in rindless form is properly enclosed in a wrapper or covering or by any other means of handling which will not impart any objectionable flavor, odor or color to the cheese. The wrapper or covering is of sufficiently low permeability to water vapor and air as to protect the surface, prevent the formation of rind, and prevent the entrance of air and further drying of the surface during curing and holding periods.

U.S. GRADES

§ 58.2572 Nomenclature of U.S. Grades. The nomenclature of the U.S. Grades is as follows:

(a) U.S. Grade A.

(b) U.S. Grade B.

(d) U.S. Grade D.

§ 58.2573

Basis for determination of U.S. Grades.

The U.S. Grades of Swiss cheese shall be determined on the basis of flavor, body, eyes and texture, finish and appearance, salt and color. From a drum type cheese, at least two full trier plugs, one from each flat face of the cheese at opposite points on circles located approximately one-half the distance from the center of the flat face to the edge of the same shall be drawn with a No. 8 trier from each cheese. If necessary, the drum cheese may be tried elsewhere to determine the correct grade, but not

more than four full trier plugs shall be drawn. Not more than two triers from the opposite sides of the cheese shall be taken from other styles of rind type cheese of rindless type cheese.

(a) U.S. Grade A. U.S. Grade A Swiss cheese conforms to the following requirements:

(1) Flavor. Is free from off-flavors. (i) Current make. May be lacking in characteristic Swiss cheese flavor.

(ii) Cured. Has a characteristic Swiss cheese flavor.

(2) Body. Is uniform, firm, and smooth, and is not dry and coarse, spongy, weak, pasty, or gassy.

(i) Current make. Is flexible and resilient.

(ii) Cured. Is flexible.

(3) Eyes and texture. A full plug drawn from the cheese appears free from glass, pinholes, and overdeveloped eyes; may have picks and checks within 1 inch from the surface; may have a limited number of picks and checks beyond 1 inch from the surface; shows not less than one and not more than eight eyes indicated to a trier. The eyes are round or slightly oval; majority of the eyes are at least one-half inch in diameter and are evenly distributed.

(1) Current make. May have an occasional dull glossy or shell eye. Shall be free from dead eyes.

(ii) Cured. May have dull glossy or shell eyes. May have some dead eyes.

(4) Finish and appearance. Rindless type cheese shall be well shaped. The wrapper or covering shall fully envelop the cheese, conform closely to its shape and adequately protect the surface, but may be wrinkled to a slight degree. The cheese shall be reasonably free from mold under the wrapper or covering in the current classification but may have slight mold under the wrapper or covering in the cured classification provided it can be removed without injuring the commercial value of the cheese. There shall be no evidence that mold has entered the cheese. Wrapped institutional cuts shall be free from mold.

(5) Salt. Is uniform.

(1) Current make. May be deficient in salt.

(ii) Cured. Is not deficient in salt. (6) Color. Is uniform.

(b) U.S. Grade B. U.S. Grade B Swiss cheese conforms to the following requirements:

(1) Flavor. May possess off-flavors.

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