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scribed in section 16.032, "Method IOfficial Final Action," under the heading "Total Solids."

(3) Titratable acidity-As determined by the method prescribed in section 16.023, "Acidity (2)-Official Final Action," or by an equivalent potentiometric method.

(f) Nomenclature. The name of the food is "yogurt". 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.

(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 of the height of the letters used in such name:

(i) The word "sweetened" if nutritive carbohydrate sweetener is added without the addition of characterizing flavor.

(ii) The parenthetical phrase “(heattreated after culturing)" shall follow the name of the food if the dairy ingredients have been heat-treated after culturing.

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

(2) The term "homogenized" may appear on the label if the dairy ingredients used are homogenized.

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

[46 FR 9939, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983]

§ 131.203 Lowfat yogurt.

(a) Description. Lowfat yogurt is the food produced by culturing one or more of the optional dairy ingredients specified in paragraph (c) of this section with a characterizing bacterial culture that contains the lactic acidproducing bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. One or more of the other optional ingredients specified in paragraphs (b) and (d) of this section may also be added. When one or more of the ingre

dients specified in paragraph (d)(1) of this section are used, they shall be included in the culturing process. All ingredients used are safe and suitable. Lowfat yogurt, before the addition of bulky flavors, contains not less than 0.5 percent nor more than 2 percent milkfat and not less than 8.25 percent milk solids not fat, and has a titratable acidity of not less than 0.9 percent, expressed as lactic acid. The food may be homogenized and shall be pasteurized or ultra-pasteurized prior to the addition of the bacterial culture. Flavoring ingredients may be added after pasteurization or ultra-pasteurization. To extend the shelf life of the food, lowfat yogurt may be heat treated after culturing is completed, to destroy viable microorganisms.

(b) Vitamin addition (optional). (1) If added, vitamin A shall be present in such quantity that each 946 milliliters (quart) of the food contains not less than 2,000 International Units thereof, within limits of current good manufacturing practice.

(2) If added, vitamin D shall be present in such quantity that each 946 milliliters (quart) of the food contains 400 International Units thereof, within limits of current good manufacturing practice.

(c) Optional dairy ingredients. Cream, milk, partially skimmed milk, or skim milk, used alone or in combination.

(d) Other optional ingredients. (1) Concentrated skim milk, nonfat dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or whey modified by partial or complete removal of lactose and/or minerals, to increase the nonfat solids content of the food: Provided, That the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present shall not be decreased as a result of adding such ingredients.

(2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or cane; invert sugar (in paste or sirup form); brown sugar; refiner's sirup; molasses (other than blackstrap); high fructose corn sirup; fructose; fructose sirup; maltose, maltose sirup, dried maltose sirup; malt extract, dried malt extract; malt sirup, dried malt sirup; honey; maple sugar; or any of the sweeteners

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listed in Part 168 of this chapter, except table sirup.

(3) Flavoring ingredients. (4) Color additives.

(5) Stabilizers.

(e) Methods of analysis. The following referenced methods of analysis are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 13th Ed. (1980), which is incorporated by reference. Copies are available from the Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, DC 20044, or available for inspection at the Office of the Federal Register, 1100 L St. NW., Washington, DC 20408.

(1) Milkfat content-As determined by the method prescribed in section 16.059 "Roese-Gottlieb Method (Reference Method) (11)-Official Final Action," under the heading "Fat."

(2) Milk solids not fat content-Calculated by subtracting the milkfat content from the total solids content as determined by the method prescribed in section 16.032, "Method I— Official Final Action," under the heading "Total Solids."

(3) Titratable acidity-As determined by the method prescribed in section 16.023, "Acidity (2)-Official Final Action," or by an equivalent potentiometric method.

(f) Nomenclature. The name of the food is "lowfat yogurt". The full 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.

(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 of the height of the letters used in such name.

(i) The phrase “. % milkfat", the blank to be filled in with the fraction 1⁄2 or multiple thereof closest to the actual fat content of the food.

(ii) The word "sweetened" if nutritive carbohydrate sweetener is added without the addition of characterizing flavoring.

(iii) The parenthetical phrase "(heat-treated after culturing)" shall follow the name of the food if the dairy ingredients have been heattreated after culturing.

(iv) The phrase "vitamin A" or "vitamin A added", or "vitamin D" or "vitamin D added", or "vitamins A and D added", as appropriate. The word "vitamin" may be abbreviated "vit".

(2) The term "homogenized" may appear on the label if the dairy ingredients used are homogenized.

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

[46 FR 9939, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983]

§ 131.206 Nonfat yogurt.

(a) Description. Nonfat yogurt is the food produced by culturing one or more of the optional dairy ingredients specified in paragraph (c) of this section with a characterizing bacterial culture that contains the lactic acidproducing bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. One or more of the other optional ingredients specified in paragraphs (b) and (d) of this section may also be added. When one or more of the ingredients specified in paragraph (d)(1) of this section are used, they shall be included in the culturing process. All ingredients used are safe and suitable. Nonfat yogurt, before the addition of bulky flavors, contains less than 0.5 percent milkfat and not less than 8.25 percent milk solids not fat, and has a titratable acidity of not less than 0.9 percent, expressed as lactic acid. The food may be homogenized and shall be pasteurized or ultra-pasteurized prior to the addition of the bacterial culture. Flavoring ingredients may be added after pasteurization or ultrapasteurization. To extend the shelf life of the food, nonfat yogurt may be heat treated after culturing is completed, to destroy viable microorganisms.

(b) Vitamin addition (optional). (1) If added, vitamin A shall be present in such quantity that each 946 milliliters

(quart) of the food contains not less than 2,000 International Units thereof, within limits of good manufacturing practice.

(2) If added, vitamin D shall be present in such quantity that each 946 milliliters (quart) of the food contains 400 International Units thereof, within limits of good manufacturing practice.

(c) Optional dairy ingredients. Cream, milk, partially skimmed milk, or skim milk, used alone or in combination.

(d) Other optional ingredients. (1) Concentrated skim milk, nonfat dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or whey modified by partial or complete removal of lactose and/or minerals, to increase the nonfat solids content of the food: Provided, That the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present shall not be decreased as a result of adding such ingredients.

(2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or cane; invert sugar (in paste or sirup form); brown sugar; refiner's sirup; molasses (other than blackstrap); high fructose corn sirup; fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; malt extract, dired malt extract; malt sirup, dried malt sirup; honey; maple sugar; or any of the sweeteners listed in Part 168 of this chapter, except table sirup.

(3) Flavoring ingredients.
(4) Color additives.

(5) Stabilizers.

(e) Methods of analysis. The following referenced methods of analysis are from "Official Methods of Analysis of the Association of Official Analytical Chemists," 13th Ed. (1980), which is incorporated by reference. Copies are available from the Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, DC 20044, or available for inspection at the Office of the Federal Register, 1100 L St. NW., Washington, DC 20408.

(1) Milkfat content-As determined by the method prescribed in section 16.059, "Roese-Gottlieb Method (Reference Method) (11)-Official Final Action," under the heading "Fat."

(2) Milk solids not fat content-Calculated by subtracting the milkfat content from the total solids content as determined by the method prescribed in section 16.032, "Method IOfficial Final Action," under the heading "Total Solids."

(3) Titratable acidity-As determined by the method prescribed in section 16.023, "Acidity (2)-Official Final Action,” or by an equivalent potentiometric method.

(f) Nomenclature. The name of the food is "nonfat yogurt”. The full 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.

(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 of the height of the letters used in such name:

(i) The word "sweetened" if nutritive carbohydrate sweetener is added without the addition of characterizing flavoring.

(ii) The parenthetical phrase "(heattreated after culturing)" shall follow the name of the food if the dairy ingredients have been heat-treated after culturing.

(iii) The phrase "vitamin A" or "vitamin A added", or "vitamin D" or "vitamin D added", or "vitamins A and D added", as appropriate. The word “vitamin" may be abbreviated "vit”.

(2) The term "homogenized" may appear on the label if the dairy ingredients used are homogenized.

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

[46 FR 9940, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983]

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and dry whole milk. Water, in a sufficient quantity to reconstitute concentrated and dry forms, may be added.

(b) "Nonfat milk" means skim milk, concentrated skim milk, reconstituted skim milk, and nonfat dry milk. Water, in a sufficient quantity to reconstitute concentrated and dry forms, may be added.

(c) "Cream" means cream, reconstituted cream, dry cream, and plastic cream. Water, in a sufficient quantity to reconstitute concentrated and dry forms, may be added.

(d) "Pasteurized" when used to describe a dairy ingredient means that every particle of such ingredient 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 demonstrated to be equivalent thereto in microbial destruction):

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1 If the dairy ingredient has a fat content of 10 percent or more, the specified temperature shall be increased by 5° F.

(e) "Ultrapasteurized" when used to describe a dairy ingredient means that such ingredient shall have been thermally processed at or above 280° F for at least 2 seconds.

(Secs. 401, 701(e), 52 Stat. 1046, 70 Stat. 919 as amended (21 U.S.C. 341, 371(e)))

[48 FR 2742, Jan. 21, 1983; 48 FR 11426, Mar. 18, 1983]

§ 133.5 Methods of analysis.

Moisture, milkfat, and phosphatase levels in cheeses will be determined by the following methods of analysis from "Official Methods of Analysis of the Association of Official Analytical Chemists," 13th ed., 1980, which is incorporated by reference (copies are available from the Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, DC 20044, or available for inspec

tion at the Office of the Federal Register, 1100 L St. NW., Washington, DC 20408):

(a) Moisture content-section 16.233 "Method I (52)-Official Final Action", under the heading "Moisture".

(b) Milkfat content-section 16.255 "Fat (60)-Official Final Action".

(c) Phenol equivalent value-section 16.275 "Reagents", section 16.276 “Sampling”, and section 16.277 “Determination", under the heading "Residual Phosphatase (27) Official Final Action".

(d) Milkfat in solids (fat on a dry basis)-Subtract the percent of moisture found from 100; divide the remainder into the percent milkfat found. The quotient, multiplied by 100, shall be considered to be the percent of milkfat contained in the solids.

(Secs. 401, 701(e), 52 Stat. 1046, 70 Stat. 919 as amended (21 U.S.C. 341, 371(e)))

[48 FR 2742, Jan. 21, 1983; 48 FR 11426, Mar, 18, 1983]

§ 133.10 Notice to manufacturers, packers, and distributors of pasteurized blended cheese, pasteurized process cheese, cheese food, cheese spread, and related foods.

(a) Definitions and standards of identity have recently been promulgated under the authority of the Federal Food, Drug, and Cosmetic Act for a number of foods made in part from cheese, including pasteurized process cheese; pasteurized process cheese with fruits, vegetables, or meats; pasteurized blended cheese; pasteurized process cheese food; pasteurized process cheese spread, and related foods. These standards prescribe the name for each such food. The act requires that this name appear on the label. Many of these names consist of several words. In the past it has been the practice of some manufacturers to subordinate the words "pasteurized," "blended," "process," "food," and "spread" to give undue prominence to the word "cheese" and to words naming the variety of cheese involved.

(b) When placing the names of these foods on labels so as to comply with the requirements of section 403 (a), (f), and (g) of the act, all the words

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