Current through Register Vol. 56, No. 6, March 18, 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.
