[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.