Current through Register Vol. 56, No. 18, September 16, 2024
(a) Rules
concerning descriptions of non-fruit sherbet are as follows:
1. Non-fruit sherbet is a food having a
characteristic fruit-like flavor but shall not contain any fruit or fruit
juice. Non-fruit sherbet is prepared by freezing while stirring a pasteurized
mix consisting of one or more of the optional dairy ingredients specified in
(b) below, one or more of the optional caseinates specified in (c) below
subject to the conditions hereinafter set forth, and any other safe and
suitable non-milk-derived ingredients; and excluding other food fats, except
such as are added in small amounts to accomplish specific functions. Non-fruit
sherbet is sweetened with nutritive carbohydrate sweeteners and contains
characteristic fruit-like flavor.
2. Sherbet weighs not less than six pounds to
the gallon. The milkfat content is not less than one percent nor more than two
percent, the nonfat milk-derived solids content not less than one percent, and
the total milk or milk derived solids content is not less than two percent nor
more than five percent by weight of the finished food.
(b) The optional dairy ingredients referred
to in (a) above are: cream, dried cream, plastic cream (sometimes known as
concentrated milk fat), butter, butter oil, milk, concentrated milk, evaporated
milk, sweetened condensed milk, superheated condensed milk, dried milk, skim
milk, concentrated skim milk, sweetened condensed skim milk, evaporated skim
milk, condensed skim milk, superheated condensed skim milk, sweetened condensed
part-skim milk, nonfat dry milk, sweet cream buttermilk, condensed sweet cream
buttermilk, dried sweet cream buttermilk, skim milk that has been concentrated
and from which part of the lactose has been removed by crystallization, skim
milk in concentrated or dried form which has been modified by treating the
concentrated skim milk with calcium hydroxide and disodium phosphate and whey
and those modified whey products (for example, reduced lactose whey, reduced
minerals whey, and whey protein concentrate) that have been determined by
F.D.A. to be generally recognized as safe (GRAS) for use in this type of food.
Water may be added, or water may be evaporated from the mix. The sweet cream
buttermilk and the concentrated sweet cream buttermilk or dried sweet cream
buttermilk, when adjusted with water to a total solids content of 8.5 percent,
has a titratable acidity of not more than 0.17 percent, calculated as lactic
acid. The term "milk" as used in this section means cow's milk.
(c) The optional caseinates referred to in
(a) above that may be added to non fruit sherbet are: casein prepared by
precipitation with gums, ammonium caseinate, calcium caseinate, potassium
caseinate and sodium caseinate. Caseinates may be added in liquid or dry form,
but must be free of excess alkali. Such caseinates are not considered to be
milk solids.
(d) In addition to all
other required information, the label shall:
1. Contain a complete list of ingredients in
accordance with the provisions of
21 CFR
101.4;
2. Comply with the provisions of
21
CFR 101.22;
3. Contain the following statement
("Imitation ......... Sherbet.") The blank to be filled in by the
characterizing flavor used. The letters in the word imitation shall be the same
size, type and color and on the same contrasting background as the name of the
characterizing flavor and the word sherbet;
4. The statement required in 3 above shall be
followed immediately by the words "contains no fruit or fruit juice" in letters
at least half the size of those used in statement three above;
5. When a sign is used at the point of
purchase to advertise non-fruit sherbet, it shall contain the same information
as required in 3 and 4 above;
6.
When non-fruit sherbet is sold other than in properly labeled factory-filled
containers, a sign must be conspicuously displayed on the sale premises or
vehicle where it can be clearly read by customers under normal conditions of
purchase stating the name of the food and the information required in 3 and 4
above. The letters on such sign shall be bold face capitals in contrasting
color to the background;
7. The
sign required in 6 above need not be used if the only method of advising
customers on what items are being offered for sale is a menu furnished to the
customer. In such case, the menu shall contain the name of the food and the
information required in 3 and 4 above. Such statements shall be in reasonable
proximity to the menu items containing non-fruit sherbet and the letters in
such statement shall be bold face capitals at least as large as the letters
used in listing items containing non-fruit sherbet. Any menu listing non-fruit
sherbet or items prepared with non-fruit sherbet shall conform to the
provisions of this paragraph.
