This electronic document was downloaded from the GPO web site, November 2003,
and is provided for information purposes only. The Code of Federal Regulations,
Title 21, is updated April 1 of each year.
The most current version of the regulations may be found at the
GPO web site.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163]
[Page 509-510]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
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 sulfosuccinate for manufacturing.
[[Page 510]]
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 coating.
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.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.5]
[Page 510]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart A--General Provisions
Sec. 163.5 Methods of analysis.
Shell and cacao fat content in cacao products shall be determined by
the following methods of analysis prescribed in "Official Methods of
Analysis of the Association of Official Analytical Chemists," which are
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. 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 St. NW., suite 700 Washington, DC.
(a) Shell content--12th ed. (1975), methods 13.010-13.014, under the
heading "Shell in Cacao Nibs--Official Final Action," pp. 208-210.
(b) Fat content--15th ed. (1990), method 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]
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.110]
[Page 510-511]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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
Sec. 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 specified in paragraph (b)(1) of this section.
(3) The cacao nibs, or the cacao beans from which they are prepared,
as appropriate, may be further processed with one or more of the
optional neutralizing 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,
carbonate, 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 ingredients used)
than the neutralizing value of 3 parts by weight of anhydrous potassium
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 quantity of phosphoric acid used is not greater than
0.5 part by weight, expressed as P2O5. The total
amount, singly 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 paragraph (b)(1) of this section, the name of
the food shall be accompanied by the statement "Processed with alkali"
or "Processed with ------", the blank being filled in with the common
or usual name of the specific alkali ingredient used in the food.
(2) When the cacao nibs, or the cacao beans from which they are
prepared, are processed with neutralizing agents
[[Page 511]]
specified in paragraph (b)(2) of this section, the name of the food
shall be accompanied by the statement "Processed with neutralizing
agent" or "Processed with ------", 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 appears on the label so
conspicuously as to be easily seen under customary conditions 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 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.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.111]
[Page 511-512]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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 ingredients
specified in paragraph (b)(1) of this section to the cacao nibs.
Chocolate liquor contains not less than 50 percent nor more than 60
percent by weight of cacao fat as determined by the method prescribed in
Sec. 163.5(b).
(2) Optional alkali ingredients specified in paragraph (b)(2) of
this section may be used as such in the preparation of chocolate liquor
under the conditions and limitations specified in Sec. 163.110(b)(1).
(3) Optional neutralizing agents specified in paragraph (b)(3) of
this section may be used as such in the preparation of the chocolate
liquor under the conditions and limitations specified in
Sec. 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,
carbonate, 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 extract, 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",
"chocolate", "unsweetened chocolate", "bitter chocolate", "baking
chocolate", "cooking chocolate", "chocolate coating", or
"unsweetened chocolate coating".
(1) When any optional alkali ingredient 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 chocolate liquor was
prepared, the name of the food shall be accompanied by the statement
"Processed with alkali" or "Processed with ------", 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)(3) of this section is used, including those used in the preparation
of the cacao nibs and cocoas from which the chocolate liquor was
prepared, the name of the food shall be accompanied by the statement
"Processed with neutralizing agent" or "Processed with ------", the
blank being filled in with the common or usual name of the specific
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 section are used in the chocolate
liquor, the label shall bear an appropriate statement, e.g., "Spice
added", "Flavored with ------", "Seasoned with ------", or "With
------ added", the blank being filled in with the common or usual name
of the spice, flavoring, or seasoning used, in accordance with
Sec. 101.22 of this chapter.
[[Page 512]]
(4) When two or more of the statements set forth in this paragraph
are required, such statements may be combined in a manner that is
appropriate, but not misleading.
(5) Whenever the name of the food appears on the label so
conspicuously as to be easily seen under customary conditions of
purchase, the statements prescribed in this section, showing optional
ingredients used, shall precede or follow the name without intervening
printed or graphic matter.
(d) 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.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.112]
[Page 512]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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 Sec. 163.5(b).
(2) Optional alkali ingredients specified in paragraph (b)(1) of
this section may be used as such in the preparation of breakfast cocoa
under the conditions and limitations specified in Sec. 163.110(b)(1).
(3) Optional neutralizing agents specified in paragraph (b)(2) of
this section may be used as such in the preparation of the breakfast
cocoa under the conditions and limitations specified in
Sec. 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,
carbonate, 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 ingredient 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 ------", 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 ------", 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 ------", or "With ------ added", the blank
being filled in with the common or usual name of the spice, flavoring,
or seasoning used, in accordance with Sec. 101.22 of this chapter.
(4) When two or more of the statements set forth in this paragraph
are required, such statements may be combined in a manner that is
appropriate, but not misleading.
(5) Whenever the name of the food appears on the label so
conspicuously as to be easily seen under customary conditions 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 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.
[[Page 513]]
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.113]
[Page 513]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.113 Cocoa.
(a) Description. Cocoa is the food that conforms to the definition
and standard of identity, and is subject to the requirements for label
declaration of ingredients for breakfast cocoa in Sec. 163.112, except
that the cacao fat content is less than 22 percent, but not less than 10
percent by weight, as determined by the method prescribed in
Sec. 163.5(b).
(b) Nomenclature. The name of the food is "cocoa" or "medium fat
cocoa".
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.114]
[Page 513]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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 declaration of ingredients for breakfast cocoa in
Sec. 163.112, except that the cacao fat content is less than 10 percent
by weight, as determined by the method prescribed in Sec. 163.5(b).
(b) Nomenclature. The name of the food is "lowfat cocoa".
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.117]
[Page 513]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.117 Cocoa with dioctyl sodium sulfosuccinate for manufacturing.
(a) Description. Cocoa with dioctyl sodium sulfosuccinate for
manufacturing is the food additive complying with the provisions
prescribed in Sec. 172.520 of this chapter. It conforms to the
definition and standard of identity, and is subject to the requirements
for label declaration of ingredients, for breakfast cocoa in
Sec. 163.112, or for cocoa in Sec. 163.113, or for lowfat cocoa in
Sec. 163.114, except that the food additive contains dioctyl sodium
sulfosuccinate (complying with the requirements of Sec. 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 sodium sulfosuccinate for manufacturing" to which is added any
modifier of the word "cocoa" required by the definition and standard
of identity to which the food additive otherwise conforms. When the food
additive is used in a fabricated food, the phrase "for manufacturing"
may be omitted from any declaration of ingredients required under
Sec. 101.4 of this chapter.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.123]
[Page 513-514]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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 optional nutritive carbohydrate sweeteners, 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 requirements of Sec. 163.111, as
calculated by subtracting from the weight of the chocolate liquor used
the weight of the cacao fat therein and the weights therein of any
alkali, neutralizing, and seasoning ingredients, and multiplying the
remainder by 2.2, dividing the result by the weight of the finished
sweet chocolate, and multiplying the quotient by 100. The finished sweet
chocolate contains 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 bittersweet chocolate is sweet chocolate
that contains not less than 35 percent by weight of chocolate liquor
complying with the requirements of Sec. 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
Sec. 163.5(b).
(b) Optional ingredients. The following safe and suitable
ingredients may be used:
(1) Cacao fat;
(2) Nutritive carbohydrate sweeteners;
(3) Spices, natural and artificial flavorings, ground whole nut
meats, ground coffee, dried malted cereal extract, 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, evaporated milk, sweetened condensed
milk, dried milk;
[[Page 514]]
(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 chocolate coating", "semisweet chocolate", "semisweet
chocolate coating", "bittersweet chocolate", or "bittersweet
chocolate coating", as appropriate.
(1) When optional alkalizing ingredients 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 "Processed with alkali",
or "Processed with ------", 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 chocolate liquor or the cacao nibs from which the chocolate was
prepared, the label shall bear the statement "Processed with
neutralizing agents", or "Processed with ------", 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 ------", or "With ------ added", the blank
being filled in with the common or usual name of the spice, flavoring,
or seasoning used, in accordance with Sec. 101.22 of this chapter.
(4) When two or more of the statements set forth in this paragraph
are required, such statements may be combined in a manner that is
appropriate, but not misleading.
(5) Whenever the name of the food appears on the label so
conspicuously as to be easily seen under customary conditions of
purchase, the statements prescribed in this paragraph showing optional
ingredients used shall precede or follow such name without intervening
printed or graphic matter.
(d) 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.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.124]
[Page 514-515]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.124 White chocolate.
Effective Date Note: At 67 FR 62177, Oct. 4, 2002, Sec. 163.124 was
added to Subpart B of part 163, effective Jan. 1, 2004.
(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 optional dairy ingredients specified in paragraph (b)(2) of
this section and one or more optional nutritive carbohydrate sweeteners
and may contain one or more of the other optional ingredients 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 section, and not more than 55 percent by weight nutritive
carbohydrate sweetener.
(b) Optional ingredients. The following safe and suitable
ingredients may be used:
(1) Nutritive carbohydrate sweeteners;
(2) Dairy ingredients:
(i) Cream, milkfat, butter;
(ii) Milk, dry whole milk, concentrated 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;
[[Page 515]]
(4) Spices, natural and artificial flavorings, ground whole nut
meats, ground coffee, dried malted cereal extract, 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 percent 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 section are used,
the label shall bear an appropriate statement, e.g., "Spice added",
"Flavored with ------ ", or "With ------ added", the blank being
filled in with the common or usual name of the spice, flavoring, or
seasoning used, in accordance with Sec. 101.22 of this chapter.
(d) 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.
[67 FR 62177, Oct. 4, 2002]
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.130]
[Page 515-516]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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 or more optional
nutritive carbohydrate sweeteners, and may contain one or more of the
other optional ingredients specified in paragraph (b) of this section.
(2) Milk chocolate contains not less than 10 percent by weight of
chocolate liquor complying with the requirements of Sec. 163.111 as
calculated by subtracting from the weight of the chocolate liquor used
the weight of cacao fat therein and the weights of alkali, neutralizing
and seasoning ingredients, multiplying the remainder by 2.2, dividing
the result by the weight of the finished milk chocolate, and multiplying
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 sweeteners;
(3) Spices, natural and artificial flavorings, ground whole nut
meats, ground coffee, dried malted cereal extract, 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, evaporated 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 chocolate liquor or the cacao nibs from which the milk chocolate was
prepared, the label shall bear the statement "Processed with alkali",
or "Processed with ------", 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 chocolate 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 ------", 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 ------",
[[Page 516]]
or "With ------ added", the blank being filled in with the common or
usual name of the spice, flavoring, or seasoning used, in accordance
with Sec. 101.22 of this chapter.
(4) When two or more of the statements set forth in this paragraph
are required, such statements may be combined in a manner that is
appropriate, but not misleading.
(5) Whenever the name of the food appears on the label so
conspicuously as to be easily seen under customary conditions of
purchase, the statements prescribed in this paragraph showing optional
ingredients used shall precede or follow such name without intervening
printed or graphic matter.
(d) 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.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.135]
[Page 516]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.135 Buttermilk chocolate.
(a) Description. Buttermilk chocolate 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 Sec. 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
(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 buttermilk solids based on those dairy ingredients specified
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
normally present in the specified dairy ingredient.
(b) Nomenclature. The name of the food is "buttermilk chocolate",
"buttermilk chocolate coating", "sweet buttermilk chocolate",
"sweet buttermilk chocolate coating", "sweet cream buttermilk
chocolate", or "sweet cream buttermilk chocolate coating".
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.140]
[Page 516]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.140 Skim milk chocolate.
(a) Description. Skim milk chocolate 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 Sec. 163.130, except
that:
(1) The optional dairy ingredients are limited to skim milk,
evaporated skim milk, concentrated skim milk, sweetened 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 specified 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 normally present in
the specified dairy ingredient.
(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".
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.145]
[Page 516-517]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.145 Mixed dairy product chocolates.
(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 Sec. 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 Sec. 163.130;
(ii) Any dairy ingredients specified in Sec. 163.135;
(iii) Any dairy ingredients specified in Sec. 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 solids derived from those
dairy products referred to 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 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
[[Page 517]]
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 section in order
of predominance by weight, e.g., "milk and skim milk chocolate".
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.150]
[Page 517]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.150 Sweet cocoa and vegetable fat coating.
(a) Description. Sweet cocoa and vegetable fat coating is the food
that conforms to the definition and standard of identity, and is subject
to the requirements for label declaration of ingredients for sweet
chocolate in Sec. 163.123, except that:
(1) In the preparation of the product, cocoa or a mixture of cocoa
and chocolate 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 section are used; and
(3) The requirement in Sec. 163.123(a)(2) limiting the total milk
solids content to less than 12 percent by weight does not apply.
(b) Optional ingredients. (1) Breakfast cocoa, cocoa, lowfat cocoa;
(2) Chocolate liquor;
(3) Safe and suitable vegetable derived fats, oils, and stearins
other than cacao fat. The fats, oils, and stearins may be hydrogenated;
(4) Safe and suitable dairy-derived ingredients; 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 ------ oil coating", the blank being filled in
with the common or usual name of the specific vegetable fat used.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.153]
[Page 517]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 163.153 Sweet chocolate and vegetable fat coating.
(a) Description. Sweet chocolate and vegetable fat coating is the
food that conforms to the definition and standard of identity, and is
subject to the requirements for label declaration of ingredients for
sweet chocolate in Sec. 163.123, except that one or more optional
ingredients specified in paragraph (b) of this section are used.
Compliance with the requirement in Sec. 163.123(a)(2) limiting the total
milk solids content to less than 12 percent by weight shall be
calculated by including only those dairy ingredients referred to in
Sec. 163.123(b)(4), 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. (1) Safe and suitable vegetable derived
fats, oils, and stearins other than cacao fat. The fats, oils, and
stearins may be hydrogenated;
(2) Safe and suitable dairy-derived ingredients; 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 common or usual name of the
vegetable derived fat ingredient may be used in the name of the food,
e.g., "sweet chocolate and ------ oil coating", the blank being filled
in with the common or usual name of the specific vegetable fat used.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR163.155]
[Page 517-518]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163--CACAO PRODUCTS--Table of Contents
Subpart B--Requirements for Specific Standardized Cacao Products
Sec. 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
Sec. 163.130 or skim milk chocolate in Sec. 163.140, except that one or
more optional ingredients specified in paragraph (b) of this section are
used. Compliance with the requirement in Sec. 163.130(a)(2) that the
product contains not less than 12 percent by weight
[[Page 518]]
of nonfat milk solids shall be calculated using only those dairy
ingredients referred to in Sec. 163.130(b)(4), 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. (1) Safe and suitable vegetable derived
oils, fats, and stearins other than cacao fat. The oils, fats, and
stearins may be hydrogenated;
(2) Safe and suitable dairy-derived ingredients; 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 appropriate. 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 ------ oil coating", the blank being
filled in with the common or usual name of the specific vegetable fat
used.
