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(a) "Cream" means the liquid milk product high in fat separated from milk, which may have been adjusted by adding thereto: Milk, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Cream contains not less than 18 percent milkfat.

(b) "Pasteurized" when used to describe a dairy product means that every particle of such product shall have been heated in properly operated equipment to one of the temperatures specified in the table of this paragraph and held continuously at or above that temperature for the specified time (or other time/temperature relationship which has been demon

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§ 131.25 Whipped cream products containing flavoring or sweetening.

The unqualified name "whipped cream" should not be applied to any product other than one made by whipping the cream that complies with the standards of identity for whipping cream (§§ 131.150 and 131.157 of this chapter). If flavoring and/or sweetening is added, the resulting product is a flavored and/or sweetened whipped cream, and should be so identified.

(Secs. 401, 403, 52 Stat. 1047, 1048; 21 U.S.C. 341, 343)

Subpart B-Requirements for Specific Standardized Milk and Cream

§ 131.110 Milk.

(a) Description. Milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in final package form for beverage use shall have been pasteurized or ultrapasteurized, and shall contain not less than 84 percent milk solids not fat and not less than 3 percent milkfat. Milk may have been adjusted by separating part of the milkfat therefrom, or by adding thereto cream, con centrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may be homogenized.

(b) Vitamin addition (Optional). (1) If added, vitamin A shall be present in such quantity that each quart of the

food contains not less than 2000 International Units thereof within limits of good manufacturing practice.

(2) If added, vitamin D shall be present in such quantity that each quart of the food contains 400 International Units thereof within limits of good manufacturing practice.

(c) Optional ingredients. The following safe and suitable ingredients may be used:

(1) Carriers for vitamins A and D.

(2) Characterizing flavoring ingredients (with or without coloring, nutritive sweetener, emulsifiers, and stabilizers) as follows:

(i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Natural and artificial food flavorings.

(d) Methods of analysis Referenced methods are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 11th Ed., 1970. 2

(1) Milk fat content-"Fat, RoeseGottlieb Method-Official Final

Action," section 16.052.2

(2) Milk solids not fat content-Calculated by subtracting the milk fat content from the total solids content as determined by the method "Total Solids, Method I-Official Action," section 16.032.2

Final

(3) Vitamin D content-"Vitamin D-Official Final Action," sections 39.149-39.162.2

(e) Nomenclature. The name of the food is "milk". The name of the food shall be accompanied on the label by a declaration indicating the presence of any characterizing flavoring, as specified in § 101.22 of this chapter.

(1) The following terms shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name:

or

(i) If vitamins are added, the phrase "vitamin A" or "vitamin A added", or "vitamin D" or "vitamin D added", "vitamin A and D" or "vitamins A and D added", as is appropriate. The word "vitamin" may be abbreviated "vit.".

2Copies may be obtained from: Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, D.C. 20044.

(ii) The word "ultra-pasteurized" if the food has been ultra-pasteurized.

(2) The following terms may appear on the label:

(i) The word "pasteurized" if the food has been pasteurized.

(ii) The word "homogenized" if the food has been homogenized.

(f) Label declaration. When used in the food, each of the ingredients specified in paragraphs (b) and (c)(2) of this section shall be declared on the label as required by the applicable sections of Part 101 of this chapter.

§ 131.115 Concentrated milk.

(a) Description. Concentrated milk is the liquid food obtained by partial removal of water from milk. The milkfat and total milk solids contents of the food are not less than 7.5 and 25.5 percent, respectively. It is pasteurized, but is not processed by heat so as to prevent spoilage. It may be homogenized.

(b) Vitamin addition (Optional). If added, vitamin D shall be present in such quantity that each fluid ounce of the food contains 25 International Units thereof, within limits of good manufacturing practice.

(c) Optional ingredients. The following safe and suitable optional ingredients may be used:

(1) Carriers for vitamins A and D.

(2) Characterizing flavoring ingredients, with or without coloring, as follows:

(i) Fruit and fruit juice, including concentrated fruit and fruit juice.

(ii) Natural and artificial food flavoring.

(d) Methods of analysis. Referenced methods are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 11th Ed., 1970.2

(1) Milkfat content-"Fat-Official Final Action," section 16.129.2

(2) Total milk solids-"Total SolidsOfficial Final Action," section 16.127.2 (3) Vitamin D content-"Vitamin D in Milk-Official Final Action," sections 39.149-39.162.2

(e) Nomenclature. The name of the food is "Concentrated milk" or alternatively "Condensed milk". If the food contains added vitamin D, the phrase "vitamin D" or "vitamin D added"

shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name. The word "homogenized” may appear on the label if the food has been homogenized. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in § 101.22 of this chapter.

(f) Label declaration. When used in the food, the optional ingredients specified in paragraph (b) of this section shall be declared on the label as required by the applicable sections of Part 101 of this chapter.

con

§ 131.120 Sweetened condensed milk. (a) Description. Sweetened densed milk is the food obtained by partial removal of water only from a mixture of milk and safe and suitable nutritive carbohydrate sweeteners. The finished food contains not less than 8 percent by weight of milkfat, and not less than 28 percent by weight of total milk solids. The quantity of nutritive carbohydrate sweetener used is sufficient to prevent spoilage. The food is pasteurized and may be homogenized.

(b) Optional ingredients. The following safe and suitable characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweeteners, may be used:

(1) Fruit and fruit juice, including concentrated fruit and fruit juice.

(2) Natural and artificial food flavoring.

(c) Method of analysis. The milkfat content is determined by the method prescribed in "Official Methods of Analysis of the Association of Official Analytical Chemists," 12th Ed., 1975, section 16.167, under "Fat-Official Final Action."2

(d) Nomenclature. The name of the food is "Sweetened condensed milk." The word "homogenized" may appear on the label if the food has been homogenized. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in § 101.22 of this chapter.

2See footnote 2 to § 131.110.

(e) Label declaration. The nutritive carbohydrate sweetener(s) required in paragraph (a) of this section and each of the optional ingredients specified in paragraph (b) of this section, when used in the food, shall be declared on the label as required by the applicable sections of Part 101 of this chapter. [43 FR 21670, May 19, 1978]

§ 131.122 Sweetened condensed skimmed milk.

(a) Description. Sweetened condensed skimmed milk is the food obtained by the partial removal of water only from a mixture of skim milk and safe and suitable nutritive carbohydrate sweeteners. The finished food contains not more than 0.5 percent by weight of milkfat unless otherwise indicated and not less than 24 percent by weight of total milk solids. The quantity of nutritive carbohydrate sweeteners used is sufficient to prevent spoilage. The food is pasteurized and may be homogenized.

(b) Optional ingredients. The following safe and suitable characterizing flavoring ingredients, with or without coloring, and nutritive carbohydrate sweeteners may be used:

(1) Fruit and fruit juice, including concentrated fruit and fruit juice.

(2) Natural and artificial food flavoring.

(c) Method of analysis. The milkfat content is determined by the method prescribed in "Official Methods of Analysis of the Association of Official Analytical Chemists," 12th Ed., 1975, section 16.167 under "Fat-Official Final Action."2

(d) Nomenclature. The name of the food is "Sweetened condensed skimmed milk." The word "homogenized" may appear on the label if the food has been homogenized. If the milkfat content is over 0.5 percent by weight, the name of the food shall be accompanied by the statement "Contains percent milkfat”, the blank to be filled in with the fraction "1⁄2", or multiple thereof, closest to the actual milkfat content of the product. The name of the food shall be accompanied by a declaration of the pres

ence of any characterizing flavoring, as specified in § 101.22 of ths chapter. (e) Label declaration. The nutritive carbohydrate sweetener required in paragraph (a) of this section and each of the optional ingredients specified in paragraph (b) of this section when used in the food, shall be declared on the label as required by the applicable sections of Part 101 of this chapter. [43 FR 21670, May 19, 1978]

§ 131.123 Lowfat dry milk.

(a) Description. Lowfat dry milk is the product obtained by removal of water only from pasteurized lowfat milk, as defined in § 131.135(a), which may have been homogenized. Alternatively, lowfat dry milk may be obtained by blending fluid, condensed, or dried nonfat milk with liquid or dried cream or with fluid, condensed, or dried milk, as appropriate, Provided, The resulting lowfat dry milk is equivalent in composition to that obtained by the method described in the first sentence of this paragraph. It contains not less than 5 percent but less than 20 percent by weight of milkfat on an as is basis. It contains not more than 5 percent by weight of moisture on a milk solids not fat basis. Lowfat dry milk contains added vitamin A as prescribed by paragraph (b) of this section.

(b) Vitamin addition. (1) Vitamin A shall be present in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains not less than 2,000 International Units thereof.

(2) Addition of vitamin D is optional. If added, vitamin D shall be present in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains 400 International Units thereof.

(3) The requirements of this paragraph will be met if reasonable overages, within limits of good manufacturing practice, are present to ensure that the required levels of vitamins are maintained throughout the expected shelf life of the food under customary conditions of distribution.

(c) Optional ingredients. The following safe and suitable optional ingredients may be used:

(1) Carriers for vitamins A and D.

(2) Emulsifiers. (3) Stabilizers.

(4) Anticaking agents. (5) Antioxidants.

(6) Characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweeteners, as follows:

(i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial food flavoring.

(d) Methods of analysis. The following referenced methods of analysis are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 12th Ed., 1975.2

(1) Milkfat content-"Fat in Dried Milk-Official Final Action," sections 16.131-16.182.2

(2) Moisture content-"MoistureOfficial Final Action," section 16.174.2 (3) Vitamin D content-"Vitamin D-Official Final Action," sections 43.166-43.179.2

(e) Nomenclature. The name of the food is "Lowfat dry milk." The name of the food shall appear on the principal display panel of the label in type of uniform size, style, and color. The name of the food shall be accompanied by a declaration indicating the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. The following phrases in type size not less than one-half the height of the type size used in such name shall accompany the name of the food wherever it appears on the principal display panel or panels:

(1) The phrase "Contains percent milkfat", the blank to be filled in with the whole number closest to the actual fat content of the food.

(2) The phrase "vitamin A" or "vitamin A added", and if vitamin D is added, the phrase "vitamins A and D" or "vitamins A and D added", as appropriate. The word "vitamin” may be abbreviated "vit."

(f) Label declaration. Each of the optional ingredients used shall be declared on the label as required by the applicable sections of Part 101 of this chapter.

[43 FR 19835, May 9, 1978]

2See footnote 2 to § 130.110.

§ 131.125 Nonfat dry milk.

(a) Description. Nonfat dry milk is the product obtained by removal of water only from pasteurized skim milk. It contains not more than 5 percent by weight of moisture, and not more than 12 percent by weight of milkfat unless otherwise indicated.

(b) Optional ingredients. Safe and suitable characterizing flavoring ingredients (with or without coloring and nutritive carbohydrate sweetener) as follows:

(1) Fruit and fruit juice, including concentrated fruit and fruit juice.

(2) Natural and artificial food flavorings.

(c) Methods of analysis. The following referenced methods of analysis are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 12th Ed. 1975.2

(1) Milkfat content-"Fat in Dried Milk-Official Final Action," sections 16.181-16.182.2

(2) Moisture

content-"MoistureOfficial Final Action," section 16.174.2

(d) Nomenclature. The name of the food is "Nonfat dry milk". If the fat content is over 11⁄2 percent by weight, the name of the food on the principal display panel or panels shall be accompanied by the statement "Contains

-% milkfat", the blank to be filled in with the percentage to the nearest one-tenth of 1 percent of fat contained, within limits of good manufacturing practice. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in § 101.22 of this chapter.

(e) Label declaration. Each of the optional ingredients used shall be declared on the label as required by the applicable sections of Part 101 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 43 FR 19836, May 9, 1978]

§ 131.127 Nonfat dry milk fortified with vitamins A and D.

(a) Description. Nonfat dry milk fortified with vitamins A and D conforms to the standard of identity for nonfat dry milk, except that vitamins A and

2 See footnote 2 to § 131.110.

D are added as prescribed by paragraph (b) of this section.

(b) Vitamin addition. (1) Vitamin A is added in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains 2000 International Units thereof.

(2) Vitamin D is added in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains 400 International Units thereof.

(3) The requirements of this paragraph will be deemed to have been met if reasonable overages, within limits of good manufacturing practice, are present to ensure that the required levels of vitamins are maintained throughout the expected shelf life of the food under customary conditions of distribution.

(c) Optional ingredients. The following safe and suitable optional ingredients may be used:

(1) Carriers for vitamins A and D.

(2) Characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweetener, as follows:

(i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial food flavorings.

(d) Methods of analysis. The following referenced methods of analysis are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 12th Ed. 1975.2

(1) Milkfat content-"Fat in Dried Milk-Official Final Action," sections 16.181-16.182.2

(2) Moisture content-"MoistureOfficial Final Action," section 16.174.2 (3) Vitamin D content-"Vitamin D-Official Final Action," sections 43.166-43.179.2

(e) Nomenclature. The name of the food is "Nonfat dry milk fortified with vitamins A and D". If the fat content is over 11⁄2 percent by weight, the name of the food on the principal display panel or panels shall be accompanied by the statement "Contains -% milkfat", the blank to be filled in to the nearest one-tenth of 1 percent with the percentage of fat contained within limits of good manufacturing practice. The name of the food shall

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