Current through Register Vol. 41, No. 3, September 23, 2024
A. Ice cream is the
food prepared by freezing, while stirring, a pasteurized mix composed of one or
more of the optional ingredients specified in subsection C of this section,
sweetened with one or more of the optional sweetening ingredients specified in
subsection D of this section. One or more of the optional characterizing
ingredients specified in subsection B of this section and one or more of the
optional ingredients specified in subdivisions 5 to 10 of subsection D may be
used to characterize the ice cream. One or more of the optional caseinates
specified in subsection E and one or more of the optional ingredients specified
in subsection F of this section may be used, subject to the conditions
hereinafter set forth. The mix may be seasoned with salt, and may be
homogenized. The kind and quantity of optional dairy ingredients used, as
specified in subsection C of this section, and the content of milk fat and
nonfat milk solids therein, are such that the weights of milkfat and total milk
solids are not less than 10% and 20%, respectively, of the weight of the
finished ice cream; but in no case shall the content of milk solids not fat be
less than 6.0%, except that when one or more of the bulky optional ingredients
as specified in subdivisions 3 to 8 of subsection B, inclusive, of this
section, are used, the weights of milkfat and total milk solids (exclusive of
such fat and solids in any malted milk used) are not less than 10% and 20%,
respectively, of the remainder obtained by subtracting the weight of such
optional ingredients, modified as prescribed in this subsection, from the
weight of the finished ice cream; but in no case is the weight of milkfat or
total milk solids less than 8.0% and 16%, respectively, of the weight of the
finished ice cream. The optional caseinates specified in subsection E of this
section are not deemed to be milk solids. In calculating the reduction of
milkfat and total milk solids from the use of bulky optional ingredients,
chocolate and cocoa solids used shall be considered the bulky ingredients of
subdivision 3 of subsection B of this section. In order to make allowance for
additional sweetening ingredients needed when bulky ingredients are used, the
weight of chocolate or cocoa solids may be multiplied by 2.5; the weight of
fruit or nuts used may be multiplied by 1.4; and the weight of partially or
wholly dried fruits or fruit juices may be multiplied by appropriate factors to
obtain the original weights before drying and this weight multiplied by 1.4.
The finished ice cream contains not less than 1.6 pounds of total solids to the
gallon and weighs not less than 4.5 pounds to the gallon; except that when the
optional ingredient microcrystalline cellulose specified in subdivision 6 of
subsection F of this section is used, the finished ice cream contains not less
than 1.6 pounds of total solids to the gallon and weighs not less than 4.5
pounds to the gallon exclusive, in both cases, of the weight of the
microcrystalline cellulose. Artificial flavoring in any chocolate, cocoa,
confectionary, or other ingredient used is an optional ingredient of the
finished ice cream. Coloring, including artificial coloring, may be
added.
B. The optional
characterizing ingredients referred to in subsection A. of this section are:
1. Ground spice, ground vanilla beans,
infusion of coffee or tea, or any natural food flavoring.
2. Artificial food flavoring.
3. Chocolate or cocoa, which may be added as
such or as a suspension in sirup, and which may contain disodium phosphate or
sodium citrate in such quantity that the finished ice cream contains not more
than 0.2% by weight of disodium phosphate or sodium citrate. For the purposes
of this section, the term "cocoa" means one or any combination of two or more
of the following: Cocoa, breakfast cocoa, lowfat cocoa, and the unpulverized
residual material prepared by removing part of the fat from ground cacao
nibs.
4. Mature fruit or the juice
of mature fruit, either of which may be fresh, frozen, canned, concentrated, or
partially or wholly dried. The fruit may be whole, shredded, or comminuted; it
may be sweetened, thickened with pectin or with one or more of the ingredients
named in subdivision 2 of subsection F of this section, subject to the
restriction on the total quantity of such substances in ice cream prescribed in
that subdivision, and it may be acidulated with citric acid, ascorbic acid, or
phosphoric acid. The fruit is prepared by the removal of pits, seeds, skins,
and cores, where such removal is used in preparing that kind of fruit for
consumption as fresh fruit. In the case of fruit or fruit juice from which part
of the water is removed, the substances contributing flavor volatilized during
water removal may be condensed and reincorporated in the concentrated fruit or
fruit juice. In the case of the citrus fruits the whole fruit, including the
peel but excluding the seeds, may be used, and in the case of citrus juice or
concentrated citrus juice, cold-pressed citrus oil may be added in an amount
not exceeding that which would have been obtained if the peel from the whole
fruit had been used. For the purposes of this section the flesh of the coconut
shall be considered a fruit.
5. Nut
meats, which may be roasted, cooked in an edible fat or oil, or preserved in
sirup, and which may be salted.
6.
Malted milk.
7. Confectionary. For
the purposes of this section, the term "confectionery" means candy, cakes,
cookies, and glaced fruits.
8.
Properly prepared and cooked cereal.
9. Distilled alcoholic beverage, including
liqueurs or wine, in an amount not to exceed that required for flavoring the
ice cream.
C. The
optional dairy ingredients referred to in subsection A of this section are:
cream, dried cream, plastic cream (sometimes known as concentrated milkfat),
butter, butter oil, milk, concentrated milk, evaporated skim milk, condensed
skim milk, superheated condensed skim milk, sweetened 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, concentrated cheese whey, and dried cheese whey. 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%, has a titratable
acidity of not more than 0.17%, calculated as lactic acid. The term "milk" as
used in this section means cow's milk. Any concentrated cheese whey and dried
cheese whey used contribute not more than 25% by weight of the total nonfat
milk solids content of the finished food. Dried cheese whey is uniformly light
in color, free from brown and black scorched particles, and has an alkalinity
of ash, not more than 225 milliliters 0.1N HC1 per 100 grams, a bacterial count
of not more than 50,000 per gram, and, as adjusted with water to a total solids
content of 6.5%, a titratable acidity of not more than 0.16%, calculated as
lactic acid. Concentrated cheese whey has an alkalinity of ash, not more than
115 milliliters 0.1N HC1 per 100 grams, a bacterial count of not more than
50,000 per gram, and as adjusted with water to a total solids content of 6.5%,
calculated as lactic acid. The modified skim milk, when adjusted with water to
a total solids content of 9%, is substantially free of lactic acid as
determined by titration with 0.1N NaOH and it has a pH value in the range of
8.0 to 8.3.
D. The optional
sweetening ingredients referred to in subsection A of this section are:
1. Sugar (sucrose) or sugar sirup.
2. Dextrose.
3. Invert sugar (in paste or sirup
form).
4. Corn sirup, dried corn
sirup, glucose sirup, dried glucose sirup.
5. Maple sirup, maple sugar.
6. Honey.
7. Brown sugar.
8. Malt sirup, maltose sirup, malt
extract.
9. Dried malt sirup, dried
maltose sirup, dried malt extract.
10. Refiner's sirup.
11. Molasses (other than black
strap).
12. Lactose.
13. Fructose.
E. The optional caseinates referred to in
subsection A of this section which may be added to ice cream mix containing not
less than 20% total milk solids 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.
F. Other optional
ingredients referred to in subsection A of this section are:
1. Liquid eggs, frozen eggs, dried eggs, egg
yolks, frozen egg yolks, and dried egg yolks. Any egg ingredient used is added
to the mix before it is pasteurized. The total weight of egg yolk solids in the
finished ice cream from one or a combination of two or more such ingredients is
less than the minimum prescribed for frozen custard by
2VAC5-510-50 (1.4%).
2. Agar-agar, algin (sodium alginate),
calcium sulfate, gelatin, gum acacia, guar seed gum, gum karaya, locust bean
gum, oat gum, gum tragacanth, carrageenan, salts of carrageenan, furcelleran,
salts of furcelleran, lecithin, psyllium seed husk, sodium
carboxymethylcellulose. The total weight of the solids of any such ingredient
used singly or of any combination of two of more such ingredients used
(including any such ingredient and pectin added separately to the fruit
ingredient) is not more than 0.5% of the weight of the finished ice cream. Such
ingredients may be added in admixture with dextrin, propylene glycol, or
glycerin.
3. Monoglycerides or
diglycerides or both of fat-forming fatty acids. The total weight of such
ingredients is not more than 0.2% of the weight of the finished ice cream. If
the preparation used is one having a high proportion of monoglycerides (over
90%), it may be preblended with edible fat, but the amount of such fat does not
exceed 20% by weight of the blend, and the total amount of the blend used does
not exceed 0.2% of the weight of the finished ice cream.
4. Polysorabate 65, polysorbate 80, or both
may be used, with a limit on either, used separately or both used in
combination, of not more than 0.1% by weight of the finished frozen
dessert.
5. Propylene glycol
alginate limit of not more than 0.5% by weight of the finished frozen
dessert.
6. Microcrystalline
cellulose, in a quantity not to exceed 1.5% by weight of the finished frozen
dessert.
7. When one or more of the
optional thickening ingredients in subdivision 2 or 5 of this subsection are
used, dioctyl sodium sulfosuccinate may be used in a quantity not in excess of
0.5% by weight of such ingredients.
8.
a.
Sodium citrate, disodium phosphate, tetrasodium pyrophosphate, sodium
hexametaphosphate, or any combination of two or more of these; but the total
quantity of the solids of such ingredients (exclusive of any disodium phosphate
or sodium citrate present in chocolate or cocoa, as permitted by subdivision 3
of subsection B of this section) is not more than 0.2% by weight of the
finished ice cream.
b. Calcium
oxide, magnesium oxide, calcium hydroxide, magnesium hydroxide, calcium
carbonate, magnesium carbonate, or any combination of two or more of these; but
the total quantity of the solids of such ingredients is not more than 0.04% of
the weight of the finished ice cream.
G.
1. The
name of the food is "ice cream."
2.
a. If the food contains no artificial flavor,
the name on the principal display panel or panels of the label shall be
accompanied by the common or usual name of the characterizing flavor, e.g.,
"vanilla," in letters not less than one-half the height of the letters used in
the words "ice cream."
b. If the
food contains both a natural characterizing flavor and an artificial flavor
simulating it, and if the natural flavor predominates, the name on the
principal display panel or panels of the label shall be accompanied by the
common name of the characterizing flavor, in letters not less than one-half the
height of the letters used in the words "ice cream," followed by the word
"flavored," in letters not less than one-half the height of the letters in the
name of the characterizing flavor, e.g., "VANILLA flavored," or "PEACH
flavored," or "VANILLA flavored STRAWBERRY flavored."
c. If the food contains both a natural
characterizing flavor and an artificial flavor simulating it, and if the
artificial flavor predominates, or if artificial flavor is used alone, the name
on the principal display panel or panels of the label shall be accompanied by
the common name of the characterizing flavor, in letters not less than one-half
the height of the letters used in the words "ice cream," preceded by
"artificial" or "artificially flavored," in letters not less than one-half the
height of the letters in the name of the characterizing flavor, e.g.,
"artificial VANILLA," or "artificially flavored STRAWBERRY" or "artificially
flavored VANILLA and artificially flavored STRAWBERRY."
3.
a. If
the food is subject to the requirements of subdivision 2 b of this subsection
or if it contains any artificial flavor not simulating the characterizing
flavor, the label also shall bear the words "artificial flavor added" or
"artificial ______ flavor added," the blank being filled with the common name
of the flavor simulated by the artificial flavor in letters of the same size
and prominence as the words that precede and follow it.
b. When the optional ingredient
microcrystalline cellulose specified in subdivision 6 of subsection F of this
section is used, the label shall bear the statement "microcrystalline cellulose
added" or "with microcrystalline cellulose."
c. When two or more of the optional
ingredients specified in subdivision 2 of subsection B and subdivision 6 of
subsection F of this section are used, such words may be combined; for example,
"microcrystalline cellulose and artificial flavor added."
d. Wherever the name of the characterizing
flavor appears on the label so conspicuously as to be easily seen under
customary conditions of purchase, the words prescribed by this subparagraph
shall immediately and conspicuously precede or follow such name, in a size
reasonably related to the prominence of the name of the characterizing flavor
and in any event the size of the type is not less than 6-point on packages
containing less than one pint, not less than 8-point on packages containing at
least one pint but less than one-half gallon, but less than one gallon, and not
less than 12-point on packages containing one gallon or over; however, that
where the characterizing flavor and a trademark or brand are presented
together, other written, printed, or graphic matter that is a part of or is
associated with the trademark or brand, may intervene if the required words are
in such relationship with the trademark or brand as to be clearly related to
the characterizing flavor: And provided further, that if the finished product
contains more than one flavor of ice cream subject to the requirements of this
subparagraph, the statements required by this subparagraph need appear only
once in each statement of characterizing flavors present in such ice cream,
e.g., "VANILLA flavored, CHOCOLATE and STRAWBERRY flavored, artificial flavors
added."
4. If the food
contains both a natural characterizing flavor and an artificial flavor
simulating the characterizing flavor, any reference to the natural
characterizing flavor, except as otherwise authorized by this subsection, shall
be accompanied by a reference to the artificial flavor, displayed with
substantially equal prominence, e.g., "strawberry and artificial strawberry
flavor."
5. An artificial flavor
simulating the characterizing flavor shall be deemed to predominate:
a. In the case of vanilla beans or vanilla
extract used in combination with vanillin if the amount of vanillin used is
greater than one ounce per unit of vanilla constituent.
b. In the case of fruit or fruit juice used
in combination with artificial fruit flavor, if the quantity of the fruit or
fruit juice used is such that, in relation to the weight of the finished ice
cream, the weight of the fruit or fruit juice, as the case may be (including
water necessary to reconstitute partially or wholly dried fruits or fruit
juices to their original moisture content) is less than 2.0% in the case of
citrus ice cream, 6.0% in the case of berry or cherry ice cream, 10% in the
case of ice cream prepared with other fruits.
c. In the case of nut meats used in
combination with artificial nut flavor, if the quantity of nut meats used is
such that, in relation to the finished ice cream, the weight of the nut meats
is less than 2.0%.
d. In the case
of two or more fruit or fruit juices, or nut meats, or both, used in
combination with artificial flavors simulating the natural flavors and
dispersed throughout the food, if the quantity of any fruit or fruit juice or
nut meat is less than one-half the applicable percentage specified in
subparagraphs b or c of this paragraph. For example, if a combination ice cream
contains less than 5.0% of bananas and less than 1.0% of almonds it would be
"Artificially flavored banana-almond ice cream." However, if it contains more
than 5.0% of bananas and more than 1.0% of almonds it would be "Banana-almond
flavored ice cream."
6.
If two or more flavors of ice cream are distinctively combined in one package,
e.g., "Neapolitan" ice cream, the applicable provisions of this subsection
shall govern each flavor of ice cream comprising the combination.
H. Optional ingredients other than
those included in subsections B, C, D and F may be used when permitted for use
in ice cream by the Federal Food and Drug Administration.
Statutory Authority
§§ 3.2-5201 and 3.2-5212 of the Code of
Virginia.
