[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.