favor volatilized during water removal may be condensed and reincorporated in the concentrated fruit or fruit ice. In the case of citrus fruits, the hole fruit, including the peel but excuding the seeds, may be used, and in the case of citrus juice or concentrated Arus juices, cold-pressed citrus oil may e added thereto in an amount not exseding that which would have been obained if the whole fruit had been used. The quantity of fruit ingredients used such that, in relation to the weight of the finished sherbet, the weight of fruit fruit juice, as the case may be (includg water necessary to reconstitute partally or wholly dried fruits or fruit juices their original moisture content), is less than 2 percent in the case of trus sherbets, 6 percent in the case of ry sherbets, and 10 percent in the case of sherbets prepared with other ruits. For the purposes of this section, matoes and rhubarb are considered as Ends of fruit.

c) The optional dairy ingredients referred to in paragraph (a) of this secon are: Cream, dried cream, plastic, Team (sometimes known as concen

bated milk fat), butter, butter oil, milk, Concentrated milk, evaporated milk, superheated condensed milk, sweetened Condensed milk, dried milk, skim milk, concentrated skim milk, evaporated skim milk, condensed skim milk, superheated ondensed skim milk, sweetened condensed skim milk, sweetened condensed part-skim milk, nonfat dry milk, sweet cream buttermilk, condensed sweet cream buttermilk, dried sweet cream Buttermilk, skim milk that has been concentrated and from which part of the actose has been removed by crystallizaton, concentrated cheese whey, and tried cheese whey. Water may be added, or water may be evaporated from

mix. The sweet cream buttermilk and the concentrated sweet cream butermilk or dried sweet cream buttermilk, Then adjusted with water to a total solids content of 8.5 percent, has a titratable acidity of not more than 0.17 perent, calculated as lactic acid. The erm "milk" as used in this section means Cow's milk. Dried cheese whey is uniformly light in color, free from brown and black scorched particles, and has an alkalinity of ash, not more than 225 milliliters 0.1N HC1 per 100 grams, a bacterial count of not more than 50,000 yer gram, and, as adjusted with water to a total solids content of 6.5 percent,

a titratable acidity of not more than 0.16 percent calculated as lactic acid. Concentrated cheese whey has an alkalinity of ash, not more than 115 milliliters 0.1N HC1 per 100 grams, a bacterial count of not more than 50,000 per gram, and, as adjusted with water to a total solids content of 6.5 percent, a titratable acidity of not more than 0.18 percent, calculated as lactic acid.

(d) The optional sweetening ingredients referred to in paragraph (a) of this section are: Sugar (sucrose), dextrose, invert sugar (paste or sirup), glucose sirup, dried glucose sirup, corn sirup, dried corn sirup, malt sirup, malt extract, dried malt sirup, dried malt extract, maltose sirup, dried maltose sirup.

(e) Other optional ingredients referred to in paragraph (a) of this section

are:

(1) Liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks, dried yolks; but the weight of egg yolk solids therein is less than 0.5 percent of the weight of the finished fruit sherbet.

(2) Agar-agar, algin (sodium alginate), calcium sulfate, egg white, gelatin, gum acacia, guar seed gum, gum karaya, locust bean gum, oat gum, gum tragacanth, hydroxypropyl methylcellulose, carrageenan, salts of carrageenan, furcelleran, salts of furcelleran, lecithin, pectin, psyllium seed husk, sodium carboxymethylcellulose. The total weight of the solids of any such ingredient used singly or of any combination of two or more such ingredients used (including any such ingredient added separately to the fruit ingredient) is not more than 0.5 percent of the weight of the finished fruit sherbet. Such ingredients may be added in admixture with dextrin, propylene glycol, or glycerin.

(3) Monoglycerides or diglycerides or both of fat-forming fatty acids. The total weight of such ingredients is not more than 0.2 percent of the weight of the finished fruit sherbet. If the preparation used is one having a high proportion of monoglycerides (over 90 percent), it may be preblended with edible fat, but the amount of such fat does not exceed 20 percent by weight of the blend, and the total amount of the blend used does not exceed 0.2 percent of the weight of the finished fruit sherbet.

(4) Polyoxyethylene (20) sorbitan tristearate, polysorbate 80, or both (complying with the provisions of § 121.1008 and § 121.1009 of this chapter including the limit on either used separately or both

two varieties of cheese is not less than 25 percent of the total weight of both, except that the weight of blue cheese, nuworld cheese, roquefort cheese, or gorgonzola cheese is not less than 10 percent of the total weight of both, and the weight of limburger cheese is not less than 5 percent of the total weight of both. The weight of each variety of cheese in a cold-pack cheese made from three or more varieties of cheese is not less than 15 percent of the total weight of all, except that the weight of blue cheese, nuworld cheese, roquefort cheese, or gorgonzola cheese is not less than 5 percent of the total weight of all, and the weight of limburger cheese is not less than 3 percent of the total weight of all. These limits do not apply to the quality of cheddar cheese, washed curd cheese, colby cheese, and granular cheese in mixtures which are designated as "American cheese" as prescribed in paragraph (d) (2) of this section. Such mixtures are considered as one variety of cheese for the purpose of this subparagraph.

(b) Coldpack cheese may be smoked, or the cheese or cheeses from which it is made may be smoked, before comminuting and mixing, or it may contain substances prepared by condensing or precipitating wood smoke.

(c) The optional ingredients referred to in paragraph (a) of this section are:

(1) An acidifying agent consisting of one or any mixture of two or more of the following: A vinegar, lactic acid, citric acid, acetic acid, and phosphoric acid, in such quantity that the pH of the finished cold-pack cheese is not below 4.5. the purposes of this section vinegar is considered to be acetic acid.

(2) Water.

(3) Salt.

(4) Harmless artificial coloring.

For

(2) If the cold-pack cheese is mad cheddar cheese, washed curd che colby cheese, or granular cheese or mixture of two or more of these, it be designated "Cold-pack Ameri cheese"; or when cheddar cheese, was curd cheese, colby cheese, or gran cheese or any mixture of two or mor these is combined with other varie of cheese in the cheese ingredient an such cheeses or such mixture may be ignated as "American cheese."

(e) (1) If cold-pack cheese is smo! or made from cheeses which have b smoked, the world "smoked" shall cede or follow the name of the cold-p cheese or the name of the cheese gredient which was smoked.

(2) If it contains a substance p pared by condensing or precipitat wood smoke, the label shall bear statement "with added

the blank being filled in with the co mon or usual name of such ingredie

(3) If it contains spice, the label sh bear the statement "spiced" or "sp added" or "with added spice," or in 1 of the word "spice" the common or us name of the spice or spices used.

(4) If it contains added flavoring, label shall bear the statement "flavor added" or "with added flavoring" "flavored with "the bla

being filled in with the common or us name of the flavoring used; if the flav ing is artificial, the word "artificial” sh precede the word “flavoring" or the w "artificially"" shall precede the sta ment "flavored with

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(5) If it contains an added acidifyi agent as prescribed in paragraph (c) ( of this section, the label shall bear t statement added as chemical preservative," the blank bei filled in with the name or names of t acidifying agents used.

(6) If cold-pack cheese in consume sized packages contains sorbic acid, t label shall bear the statement "Sorl acid added to retard mold growth" "Sorbic acid added as a preservative."

(f) Wherever the name of the fo appears on the label so conspicuously to be easily seen under customary co ditions of purchase, the words and stat ments herein specified, showing t optional ingredients used, shall immed ately and conspicuously precede or fo low such name, without intervening wri ten, printed, or graphic matter.

[24 F.R. 6498, Aug. 2, 1959, as amended 24 F.R. 6582, Aug. 13, 1959]

19.787 Cold-pack cheese food; identity; label statement of optional ingredients.

(1) Cold-pack cheese food is the od prepared by comminuting and ng, without the aid of heat, one or e of the optional cheese ingredients ribed in paragraph (c) of this secwith one or more of the optional ingredients prescribed in paraaph (d) of this section, into a homoous plastic mass. One or more of e optional ingredients specified in agraph (e) of this section may be d

2) All cheeses used in a cold-pack ese food are made from pasteurized

or are held for not less than 60 as at a temperature of not less than F. before being comminuted.

3) The moisture content of a coldcheese food is not more than 44 pert, and the fat content is not less than percent.

(4) Moisture and fat are determined the methods prescribed in § 19.500 except that in determining moisture te loss in weight which occurs in drying 5 hours, under the conditions prebed in such method, is taken as the ight of moisture.

5) The weight of the cheese ingrediprescribed by subparagraph (1) of paragraph constitutes not less than percent of the weight of the finished ald-pack cheese food.

(6) The weight of each variety of heese in the cold-pack cheese food made th two varieties of cheese is not less aan 25 percent of the total weight of th, except that the weight of blue heese, nuworld cheese, roquefort cheese, Ergonzola cheese, or limburger cheese not less than 10 percent of the total eight of both. The weight of each vaety of cheese in the cold-pack cheese od made with three or more varieties cheese is not less than 15 percent of the total weight of all, except that the Feight of blue cheese, nuworld cheese, quefort cheese, gorgonzola cheese, or mburger cheese is not less than 5 perent of the total weight of all. These mits do not apply to the quantity of heddar cheese, washed curd cheese, by cheese, and granular cheese in mixres which are designated as "American heese" as prescribed in paragraph (f) 16 of this section. Such mixtures are nsidered as one variety of cheese for purposes of this subparagraph. b) Cold-pack cheese food may be

smoked, or the cheese or cheeses from which it is made may be smoked, before comminuting and mixing, or it may contain substances prepared by condensing or precipitating wood smoke.

(c) The optional cheese ingredients referred to in paragraph (a) of this section are: One or more cheeses of the same or two or more varieties, except that cream cheese, neufchatel cheese, cottage cheese, creamed cottage cheese, cook cheese, and skim-milk cheese for manufacturing are not used, and except that semisoft part-skim cheese, partskim spiced cheese, and hard grating cheese may not be used, alone or in combination with each other, as the cheese ingredient.

(d) The optional dairy ingredients referred to in paragraph (a) of this section are: Cream, milk, skim milk, cheese whey, or any mixture of two or more of these or any of the foregoing from which part of the water has been removed, skim-milk cheese for manufacturing, and albumin from cheese whey. All optional dairy ingredients used in coldpack cheese food are pasteurized or made from products which have been pasteurized.

(e) The other optional ingredients referred to in paragraph (a) of this section are:

(1) An acidifying agent consisting of one or any mixture of two or more of the following: A vinegar, lactic acid, citric acid, acetic acid, and phosphoric acid, in such quantity that the pH of the finished cold-pack cheese food is not below 4.5.

(2) Water. (3) Salt.

(4) Harmless artificial coloring.

(5) Spices or flavorings, other than any which singly or in combination with other ingredients simulate the flavor of cheese of any age or variety.

(6) A sweetening agent consisting of one or any mixture of two or more of the following: Sugar, dextrose, corn sugar, corn sirup, corn sirup solids, glucose sirup, glucose sirup solids, maltose, malt sirup, and hydrolyzed lactose, in a quantity necessary for seasoning.

(7) Cold-pack cheese food in consumer-size packages may contain not more than 0.2 percent by weight of sorbic acid or not more than 0.3 percent by weight of sodium propionate, calcium propionate, or a combination of sodium propionate and calcium propionate.

(8) In the preparation of cold-pack cheese food, guar gum may be used in a quantity not to exceed 0.3 percent of the weight of the finished food. When such optional ingredient is used, dioctyl sodium sulfosuccinate complying with the requirements of § 121.1137 of this chapter may be used in a quantity not in excess of 0.5 percent by weight of such ingredient.

(f) The label of a cold-pack cheese food shall bear the common or usual names of the optional ingredients used, as specified in paragraphs (c), (d), and (e) (1), (2), (3), and (6) of this section, and:

(1) If it is smoked, or made from cheeses which have been smoked, the word "smoked" shall precede or follow the name of the cold-pack cheese food or the name of the cheese ingredient which was smoked.

(2) If it contains a substance prepared by condensing or precipitating wood smoke, the label shall bear the statement "with added

the blank being filled in with the common or usual name of such ingredient.

(3) If it contains spice, the label shall bear the statement "spiced," or "spice added," or "with added spice" or in lieu of the word "spice" the common or usual name of the spice used.

(4) If it contains added flavoring, the label shall bear the statement "flavoring added," "with added flavoring," or "flavored with "the blank

being filled in with the common or usual name of the flavoring used. If the flavoring is artificial, the word "artificial" shall precede the word "flavoring," or the word "artificially" shall precede the word "flavored," or the word "artificially" shall precede the statement "flavored with

(5) If it contains added artificial coloring the label shall bear the statement "artificially colored" or "contains artificial color."

(6) If the cheese ingredient contains cheddar cheese, washed curd cheese, colby cheese, or granular cheese or any mixture of two or more of these, such cheese or such mixture may be designated as "American cheese."

(7) If an optional acidifying agent is used so that the pH of the finished food is less than 5.0, there shall appear after its name the words "a chemical preservative." In case vinegar is the only acidifying agent added it shall be considered to be acetic acid when the pH of the

finished food is less than 5.0. In c vinegar and other acidifying agents used and the pH of the finished food less than 5.0, the name of the acidify agents other than vinegar shall be lowed by the statement "a chem preservative."

(8) If cold-pack cheese food in c sumer-sized packages contains So acid, or sodium propionate, calci propionate, or a combination of sodi propionate and calcium propionate, label shall bear the statement ". added to retard mold growth" added as a preservativ the blank being filled in with the na or names of the substance or substan used.

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(9) When the optional ingredient g gum is present in cold-pack cheese fo the label shall bear the statement “g gum added" or "with added guar gur

(g) Wherever the name of the fo appears on the label so conspicuously to be easily seen under customary co ditions of purchase, the words and sta ments herein specified, showing the d tional ingredients used, shall imme ately and conspicuously precede or f low such name, without interveni written, printed, or graphic matter.

[24 F.R. 6498, Aug. 12, 1959; 24 F.R. 68 Aug. 21, 1959, as amended at 28 FR. 45 May 4, 1963; 30 F.R. 3528, Mar. 17, 1965; F.R. 1128, Feb. 1, 1967]

(a) Cold-pack cheese food with frui vegetables, or meats or mixtures of the is the food which conforms to the de nition and standard of identity, and subject to the requirements for lab statement of optional ingredients, pr scribed for cold-pack cheese food § 19.787, except that:

(1) Its milk fat content is not le than 22 percent.

(2) It contains one or any mixture two or more of the following: Any prop erly prepared fresh, cooked, canned, dried vegetable; any properly prepare cooked or canned meat.

(3) When the added fruits, vegetaple or meats contain fat, the method pre scribed for the determination of fat b § 19.500 (c) is not applicable.

(b) The name of a cold-pack chees food with fruits, vegetables or meats "Cold-pack cheese food with

the blank being filled in with the commo

isual name or names of the fruits, etables, or meats used, in order of jominance by weight.

FR. 6499, Aug. 12, 1959]

1790 Grated American cheese food; identity; label statement of optional ingredients.

(1) Grated American cheese food le food prepared by mixing, with or out the aid of heat, one or more of optional cheese ingredients preed in paragraph (b) of this section one or more of the optional ingrets prescribed in paragraph (c) of section, into a uniformly blended, ially dehydrated, powdered or granmixture.

) Grated American cheese food con3 not less than 23 percent of milk as determined by the methods preed in § 19.500 (c).

> The optional cheese ingredients rred to in paragraph (a) of this on are cheddar cheese, washed curd se, colby cheese, and granular cheese. > The other optional ingredients reed to in paragraph (a) of this section

) Nonfat dry milk. ) Dried whey.

) An emulsifying agent consisting ne or any mixture of two or more of emulsifying ingredients named in 765 (e) (1), in such quantity that the ht of the solids thereof is not more 13 percent of the weight of the ed American cheese food.

) An acidifying agent consisting of or more of the acid-reacting inlients named in § 19.765 (e) (2). i) Salt.

;) Artificial coloring.

i) (1) The label of grated American ese food shall bear the common name he optional ingredients used as prebed in paragraphs (b) and (c) (1), (3), (4), and (5) of this section, ept that the cheese ingredient may be ignated as "American cheese."

2) If artificial coloring is used, the el shall bear the statement "artifily colored" or "contains artificial r."

e) Wherever the name of the food Dears on the label so conspicuously to be easily seen under customary ditions of purchase, the words and tements specified in this section, wing the optional ingredients used, all immediately and conspicuously pre

cede or follow such name, without intervening written, printed, or graphic matter.

[24 F.R. 6499, Aug. 12, 1959, as amended at 28 F.R. 12664, Nov. 28, 1963]

PART 20-FROZEN DESSERTS

Sec. 20.1 20.2 Frozen custard, french ice cream, french custard ice cream; identity; label statement of optional ingredients.

Ice cream; identity; label statement of optional ingredients.

20.3 Ice milk; identity; label statement of optional ingredients.

20.4 Fruit sherbets; identity; label statement of optional ingredients. 20.5 Water ices; identity; label statement of optional ingredients.

AUTHORITY: The provisions of this Part 20 issued under secs. 401, 701, 52 Stat. 1046, as amended, 1055, as amended; 21 U.S.C. 341, 371.

CROSS-REFERENCES: For other regulatons in this chapter relating to ingredients permitted in frozen desserts, see also §§ 121.1008, 121.1009, and 121.1015.

§ 20.1

Ice cream; identity; label statement of optional ingredients.

(a) Ice cream is the food prepared by freezing, while stirring, a pasteurized mix composed of one or more of the optional ingredients specified in paragraph (c) of this section, sweetened with one or more of the optional sweetening ingredients specified in paragraph (d) of this section. One or more of the optional characterizing ingredients specified in paragraph (b) of this section and one or more of the optional ingredients specified in paragraph (d) (5) to (10) may be used to characterize the ice cream. One or more of the optional caseinates specified in paragraph (e) and one or more of the optional ingredients specified in paragraph (f) of this section may be used, subject to the conditions hereinafter set forth. The mix may be seasoned with salt, and may be homogenized. The kind and quantity of optional dairy ingredients used, as specified in paragraph (c) of this section, and the content of milk fat and nonfat milk solids therein, are such that the weights of milk fat and total milk solids are not less than 10 percent and 20 percent, respectively, of the weight of the finished ice cream; but in no case shall the content of milk solids not fat be less than 6 percent, except that when one or more of the bulky optional ingredients as