[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR164.150]

[Page 526]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 164_TREE NUT AND PEANUT PRODUCTS--Table of Contents
 
  Subpart B_Requirements for Specific Standardized Tree Nut and Peanut 
                                Products
 
Sec.  164.150  Peanut butter.

    (a) Peanut butter is the food prepared by grinding one of the 
shelled and roasted peanut ingredients provided for by paragraph (b) of 
this section, to which may be added safe and suitable seasoning and 
stabilizing ingredients provided for by paragraph (c) of this section, 
but such seasoning and stabilizing ingredients do not in the aggregate 
exceed 10 percent of the weight of the finished food. To the ground 
peanuts, cut or chopped, shelled, and roasted peanuts may be added. 
During processing, the oil content of the peanut ingredient may be 
adjusted by the addition or subtraction of peanut oil. The fat content 
of the finished food shall not exceed 55 percent when determined as 
prescribed in ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), section 27.006(a) under 
``Crude Fat--Official First Action, Direct Method,'' in paragraph (a), 
which is incorporated by reference. Copies may be obtained from the 
Association of Official Analytical Chemists International, 481 North 
Frederick Ave., suite 500, Gaithersburg, MD 20877-2504, or may be 
examined at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (b) The peanut ingredients referred to in paragraph (a) of this 
section are:
    (1) Blanched peanuts, in which the germ may or may not be included.
    (2) Unblanched peanuts, including the skins and germ.
    (c) The seasoning and stabilizing ingredients referred to in 
paragraph (a) of this section are suitable substances which are not food 
additives as defined in section 201(s) of the Federal Food, Drug, and 
Cosmetic Act (the act), or if they are food additives as so defined, 
they are used in conformity with regulations established pursuant to 
section 409 of the act. Seasoning and stabilizing ingredients that 
perform a useful function are regarded as suitable, except that 
artificial flavorings, artificial sweeteners, chemical preservatives, 
and color additives are not suitable ingredients in peanut butter. Oil 
products used as optional stabilizing ingredients shall be hydrogenated 
vegetable oils. For the purposes of this section, hydrogenated vegetable 
oil shall be considered to include partially hydrogenated vegetable oil.
    (d) If peanut butter is prepared from unblanched peanuts as 
specified in paragraph (b)(2) of this section, the name shall show that 
fact by some such statement as ``prepared from unblanched peanuts (skins 
left on).'' Such statement shall appear prominently and conspicuously 
and shall be in type of the same style and not less than half of the 
point size of that used for the words ``peanut butter.'' This statement 
shall immediately precede or follow the words ``peanut butter,'' without 
intervening written, printed, or graphic matter.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14475, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982; 
49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2886, Jan. 
6, 1993; 61 FR 9325, Mar. 8, 1996; 63 FR 14035, Mar. 24, 1998]