Food and Drug Administration, HHS § 133.169

the fruits, vegetables, or meats used, in ids of pasteurized process swiss order of predominance by weight. is not less than 43 percent, and the fat content of the solids of pasteurized [42 FR 14366, Mar. 15, 1977, as amended at 49 FR 10095, Mar. 19, 1977; 58 FR 2894, Jan. 6, process gruyere cheese is not less than 1993] 45 percent. (4)(i) The moisture content of a pas- § 133.169 Pasteurized process cheese. teurized process cheese made from two (a)(1) Pasteurized process cheese is or more varieties of cheese is not more the food prepared by comminuting and than 1 percent greater than the arith- mixing, with the aid of heat, one or metical average of the maximum mois- more of the same or two or ture contents prescribed by the defini- more varieties, except cheese, tions and standards of identity, if any neufchatel cheese, cottage cheese, there be, for the varieties of cheese lowfat cottage cheese, cottage cheese used; but in no case is the moisture dry , cook cheese, hard grating content more than 43 percent, except cheese, semisoft part-skim cheese, that the moisture content of a pasteur- part-skim spiced cheese, and skim ized process cheese made from two or cheese for manufacturing with an more of the varieties , emulsifying agent prescribed by para- washed curd cheese, , and graph (c) of this section into a homo- is not more than 40 geneous plastic mass. One or more of percent, and the moisture content of a the optional ingredients designated in mixture of swiss cheese and gruyere paragraph (d) of this section may be cheese is not more than 44 percent. used. (ii) The fat content of the solids of a (2) During its preparation, pasteur- pasteurized process cheese made from ized process cheese is heated for not two or more varieties of cheese is not less than 30 seconds at a temperature less than the arithmetical average of of not less than 150 °F. When tested for the minimum fat contents prescribed phosphatase by the method prescribed by the definitions and standards of in § 133.5(c), the phenol equivalent of identity, if any there be, for the vari- 0.25 gram of pasteurized process cheese eties of cheese used, but in no case is is not more than 3 micrograms. less than 47 percent, except that the fat (3)(i) The moisture content of a pas- content of the solids of a pasteurized teurized process cheese made from a process gruyere cheese made from a single variety of cheese is not more mixture of swiss cheese and gruyere than 1 percent greater than the max- cheese is not less than 45 percent. imum moisture content prescribed by (5) Moisture and fat are determined the definition and standard of identity, by the methods prescribed in § 133.5(a), if any there be, for the variety of (b), and (d). cheese used; but in no case is more (6) The weight of each variety of than 43 percent, except that the mois- cheese in a pasteurized process cheese ture content of pasteurized process made from two varieties of cheese is washed curd cheese or pasteurized not less than 25 percent of the total process colby cheese is not more than weight of both, except that the weight 40 percent; the moisture content of pas- of , nuworld cheese, roque- teurized process swiss cheese or pas- fort cheese, or gorgonzola cheese is not teurized process gruyere cheese is not less than 10 percent of the total weight more than 44 percent; and the moisture of both, and the weight of limburger content of pasteurized process lim- cheese is not less than 5 percent of the burger cheese is not more than 51 per- total weight of both. The weight of cent. each variety of cheese in a pasteurized (ii) The fat content of the solids of a process cheese made from three or pasteurized process cheese made from a more varieties of cheese is not less single variety of cheese is not less than than 15 percent of the total weight of the minimum prescribed by the defini- all, except that the weight of blue tion and standard of identity, if any cheese, nuworld cheese, roquefort there be, for the variety of cheese used, cheese, or gorgonzola cheese is not less but in no case is less than 47 percent; than 5 percent of the total weight of except that the fat content of the sol- all, and the weight of limburger cheese

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is not less than 3 percent of the total therefrom is less than 5 percent of the weight of all. These limits do not apply weight of the pasteurized process to the quantity of cheddar cheese, cheese. washed curd cheese, colby cheese and (3) Water. granular cheese in mixtures which are (4) Salt. designated as ‘‘’’ as (5) Harmless artificial coloring. prescribed in paragraph (e)(2)(ii) of this (6) Spices or flavorings, other than section. Such mixtures are considered any which singly or in combination as one variety of cheese for the pur- with other ingredients simulate the poses of this paragraph (a)(6). flavor of a cheese of any age or variety. (7) For the purposes of this section, (7) Pasteurized process cheese in the cheddar cheese for manufacturing, form of slices or cuts in consumer-sized washed curd cheese for manufacturing, packages may contain an optional colby cheese for manufacturing, granu- mold-inhibiting ingredient consisting lar cheese for manufacturing, brick of not more than 0.2 percent by weight cheese for manufacturing, muenster of sorbic acid, potassium sorbate, so- cheese for manufacturing, and swiss dium sorbate, or any combination of cheese for manufacturing are consid- two or more of these, or consisting of ered as cheddar cheese, washed curd not more than 0.3 percent by weight of cheese, colby cheese, granular cheese, sodium propionate, calcium propio- , , and nate, or a combination of sodium pro- swiss cheese, respectively. pionate and calcium propionate. (b) Pasteurized process cheese may be (8) Pasteurized process cheese in the smoked, or the cheese or cheeses from form of slices or cuts in consumer-sized which it is made may be smoked, be- packages may contain lecithin as an fore comminuting and mixing, or it optional anti-sticking agent in an may contain substances prepared by amount not to exceed 0.03 percent by condensing or precipitating wood weight of the finished product. smoke. (9) Safe and suitable enzyme modified (c) The emulsifying agent referred to cheese. in paragraph (a) of this section is one (e) The name of a pasteurized process or any mixture of two or more of the cheese for which a definition and following: Monosodium phosphate, di- standard of identity is prescribed by sodium phosphate, dipotassium phos- this section is as follows: phate, trisodium phosphate, sodium (1) In case it is made from a single metaphosphate (sodium variety of cheese, its name is ‘‘Pas- hexametaphosphate), sodium acid teurized process lll cheese’’, the pyrophosphate, tetrasodium blank being filled in with the name of pyrophosphate, sodium aluminum the variety of cheese used. phosphate, sodium citrate, potassium (2) In case it is made from two or citrate, calcium citrate, sodium tar- more varieties of cheese, its name is trate, and sodium potassium tartrate, ‘‘Pasteurized process lll and lll in such quantity that the weight of the cheese’’, or ‘‘Pasteurized process lll solids of such emulsifying agent is not blended with lll cheese’’, or ‘‘Pas- more than 3 percent of the weight of teurized process blend of lll and the pasteurized process cheese. lll cheese’’, the blanks being filled (d) The optional ingredients referred in with the names of the varieties of to in paragraph (a) of this section are: cheeses used, in order of predominance (1) An acidifying agent consisting of by weight; except that: one or any mixture of two or more of (i) In case it is made from gruyere the following: A vinegar, lactic acid, cheese and swiss cheese, and the weight citric acid, acetic acid, and phosphoric of gruyere cheese is not less than 25 acid, in such quantity that the pH of percent of the weight of both, it may the pasteurized process cheese is not be designated ‘‘Pasteurized process below 5.3. gruyere cheese’’; and (2) Cream, anhydrous milkfat, dehy- (ii) In case it is made of cheddar drated cream, or any combination of cheese, washed curd cheese, colby two or more of these, in such quantity cheese, or granular cheese or any mix- that the weight of the fat derived ture of two or more of these, it may be

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designated ‘‘Pasteurized process Amer- (1) Its moisture content may be 1 per- ican cheese’’; or when cheddar cheese, cent more, and the milk fat content of washed curd cheese, colby cheese, its solids may be 1 percent less than granular cheese, or any mixture of two the limits prescribed by § 133.169 for or more of these is combined with moisture and fat in the corresponding other varieties of cheese in the cheese pasteurized process cheese. ingredient, any of such cheeses or such (2) It contains one or any mixture of mixture may be designated as ‘‘Amer- two or more of the following: Any prop- ican cheese’’. erly prepared cooked, canned, or dried The full name of the food shall appear fruit; any properly prepared cooked, on the principal display panel of the canned, or dried vegetable; any prop- label in type of uniform size, style, and erly prepared cooked or canned meat. color. Wherever any word or statement (3) When the added fruits, vegetables, emphasizing the name of any ingre- or meats contain fat, the method pre- dient appears on the label (other than scribed for the determination of fat by in an ingredient statement as specified § 133.5(b) is not applicable. in paragraph (g) of this section) so con- (b) The name of a pasteurized process spicuously as to be easily seen under cheese with fruits, vegetables, or meats customary conditions of purchase, the is the name prescribed by § 133.169 for full name of the food shall immediately the applicable pasteurized process and conspicuously precede or follow cheese, followed by the term ‘‘with such word or statement in type of at lll’’, the blank being filled in with least the same size as the type used in the common or usual name or names of such word or statement. the fruits, vegetables, or meats used, in (f) The name of the food shall include order of predominance by weight. a declaration of any flavoring, includ- [42 FR 14366, Mar. 15, 1977, as amended at 49 ing smoke and substances prepared by FR 10095, Mar. 19, 1984; 58 FR 2894, Jan. 6, condensing or precipitating wood 1993] smoke, that characterizes the product as specified in § 101.22 of this chapter § 133.171 Pasteurized process pimento and a declaration of any spice that cheese. characterizes the product. Pasteurized process (g) Each of the ingredients used in is the food which conforms to the defi- the food shall be declared on the label nition and standard of identity for pas- as required by the applicable sections teurized process cheese with fruits, of parts 101 and 130 of this chapter, ex- vegetables, or meats, and is subject to cept that cheddar cheese, washed curd the requirement for label statement of cheese, colby cheese, granular cheese, ingredients, except that: or any mixture of two or more of these (a) Its moisture content is not more may be designated as ‘‘American than 41 percent, and the fat content of cheese’’. its solids is not less than 49 percent. [42 FR 14366, Mar. 15, 1977, as amended at 49 (b) The cheese ingredient is cheddar FR 10095, Mar. 19, 1984; 58 FR 2894, Jan. 6, cheese, washed curd cheese, colby 1993] cheese, granular cheese or any mixture of two or more of these in any propor- § 133.170 Pasteurized process cheese tion. with fruits, vegetables, or meats. (c) For the purposes of this section, (a) Unless a definition and standard cheddar cheese for manufacturing, of identity specifically applicable is es- washed curd cheese for manufacturing, tablished by another section of this colby cheese for manufacturing, and part, a pasteurized process cheese with granular cheese for manufacturing fruits, vegetables, or meats, or mix- shall be considered as cheddar cheese, tures of these is a food which conforms washed curd cheese, colby cheese, and to the definition and standard of iden- granular cheese, respectively. tity, and is subject to the requirements (d) The only fruit, vegetable, or meat for label statement of ingredients, pre- ingredient is pimentos in such quantity scribed for pasteurized process cheese that the weight of the solids thereof is by § 133.169, except that: not less than 0.2 percent of the weight

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