Food and Drug Administration, HHS § 163.124

fat therein and the weights therein of (1) When optional alkalizing ingredi- any alkali, neutralizing, and seasoning ents are used in the preparation of the ingredients, and multiplying the re- chocolate liquor or the cacao nibs from mainder by 2.2, dividing the result by which the chocolate was prepared, the the weight of the finished sweet choco- label shall bear the statement ‘‘Proc- late, and multiplying the quotient by essed with alkali’’, or ‘‘Processed with 100. The finished sweet chocolate con- lll’’, the blank being filled in with tains less than 12 percent by weight of the common or usual name of the spe- total milk solids based on those dairy cific alkali ingredient used in the food. ingredients specified in paragraph (2) When optional neutralizing agents (b)(4) of this section, exclusive of any are used in the preparation of the choc- added sweetener or other dairy derived olate liquor or the cacao nibs from ingredient that is added beyond that which the chocolate was prepared, the amount that is normally present in the label shall bear the statement ‘‘Proc- specified dairy ingredient. essed with neutralizing agents’’, or (3) Semisweet chocolate or bitter- ‘‘Processed with lll’’, the blank sweet chocolate is sweet chocolate that being filled in with the common or contains not less than 35 percent by usual name of the specific neutralizing weight of chocolate liquor complying agent used in the food. with the requirements of § 163.111 and (3) When one or more of the spices, calculated in the same manner as set flavorings, or seasonings specified in forth in paragraph (a)(2) of this section. paragraph (b)(3) of this section are used (4) Cacao fat is determined by the in the breakfast cocoa, the label shall method prescribed in § 163.5(b). bear an appropriate statement, e.g., (b) Optional ingredients. The following ‘‘Spice added’’, ‘‘Flavored with lll’’, safe and suitable ingredients may be or ‘‘With lll added’’, the blank being used: filled in with the common or usual (1) Cacao fat; name of the spice, flavoring, or sea- (2) Nutritive carbohydrate sweet- soning used, in accordance with § 101.22 eners; of this chapter. (3) Spices, natural and artificial (4) When two or more of the state- flavorings, ground whole nut meats, ments set forth in this paragraph are ground coffee, dried malted cereal ex- required, such statements may be com- tract, salt, and other seasonings that bined in a manner that is appropriate, do not either singly or in combination but not misleading. impart a flavor that imitates the flavor (5) Whenever the name of the food ap- of chocolate, milk, or butter; pears on the label so conspicuously as (4) Dairy ingredients: to be easily seen under customary con- (i) Cream, milkfat, butter; ditions of purchase, the statements (ii) Milk, concentrated milk, evapo- prescribed in this paragraph showing rated milk, sweetened condensed milk, optional ingredients used shall precede dried milk; or follow such name without inter- (iii) Skim milk, concentrated skim vening printed or graphic matter. milk, evaporated skim milk, sweetened (d) Label declaration. Each of the in- condensed skim milk, nonfat dry milk; gredients used in the food shall be de- (iv) Concentrated buttermilk, dried clared on the label as required by the buttermilk; and applicable sections of parts 101 and 130 (v) Malted milk; or of this chapter. (5) Emulsifying agents, used singly or in combination, the total amount of § 163.124 White chocolate. which does not exceed 1.0 percent by (a) Description. (1) White chocolate is weight. the solid or semiplastic food prepared (c) Nomenclature. The name of the by intimately mixing and grinding food is ‘‘sweet chocolate’’, ‘‘sweet choc- cacao fat with one or more of the op- olate coating’’, ‘‘semisweet chocolate’’, tional dairy ingredients specified in ‘‘semisweet chocolate coating’’, ‘‘bit- paragraph (b)(2) of this section and one tersweet chocolate’’, or ‘‘bittersweet or more optional nutritive carbo- chocolate coating’’, as appropriate. hydrate sweeteners and may contain

557

VerDate Nov<24>2008 07:59 Apr 26, 2010 Jkt 220066 PO 00000 Frm 00567 Fmt 8010 Sfmt 8010 Y:\SGML\220066.XXX 220066 erowe on DSK5CLS3C1PROD with CFR § 163.130 21 CFR Ch. I (4–1–10 Edition)

one or more of the other optional in- ‘‘With lll added’’, the blank being gredients specified in paragraph (b) of filled in with the common or usual this section. White chocolate shall be name of the spice, flavoring, or sea- free of coloring material. soning used, in accordance with § 101.22 (2) White chocolate contains not less of this chapter. than 20 percent by weight of cacao fat (d) Label declaration. Each of the in- as calculated by subtracting from the gredients used in the food shall be de- weight of the total fat the weight of clared on the label as required by the the milkfat, dividing the result by the applicable sections of parts 101 and 130 weight of the finished white chocolate, of this chapter. and multiplying the quotient by 100. [67 FR 62177, Oct. 4, 2002] The finished white chocolate contains not less than 3.5 percent by weight of § 163.130 Milk chocolate. milkfat and not less than 14 percent by (a) Description. (1) Milk chocolate is weight of total milk solids, calculated the solid or semiplastic food prepared by using only those dairy ingredients by intimately mixing and grinding specified in paragraph (b)(2) of this sec- chocolate liquor with one or more of tion, and not more than 55 percent by the optional dairy ingredients and one weight nutritive carbohydrate sweet- or more optional nutritive carbo- ener. hydrate sweeteners, and may contain (b) Optional ingredients. The following one or more of the other optional in- safe and suitable ingredients may be gredients specified in paragraph (b) of used: this section. (1) Nutritive carbohydrate sweet- (2) Milk chocolate contains not less eners; than 10 percent by weight of chocolate (2) Dairy ingredients: liquor complying with the require- (i) Cream, milkfat, butter; ments of § 163.111 as calculated by sub- (ii) Milk, dry whole milk, con- tracting from the weight of the choco- centrated milk, evaporated milk, late liquor used the weight of cacao fat sweetened condensed milk; therein and the weights of alkali, neu- (iii) Skim milk, concentrated skim tralizing and seasoning ingredients, milk, evaporated skim milk, sweetened multiplying the remainder by 2.2, di- condensed skim milk, nonfat dry milk; viding the result by the weight of the (iv) Concentrated buttermilk, dried finished milk chocolate, and multi- buttermilk; and plying the quotient by 100. The finished (v) Malted milk; milk chocolate contains not less than (3) Emulsifying agents, used singly or 3.39 percent by weight of milkfat and in combination, the total amount of not less than 12 percent by weight of which does not exceed 1.5 percent by total milk solids based on those dairy weight; ingredients specified in paragraph (4) Spices, natural and artificial (b)(4) of this section, exclusive of any flavorings, ground whole nut meats, added sweetener or other dairy-derived ground coffee, dried malted cereal ex- ingredient that is added beyond that tract, salt, and other seasonings that amount that is normally present in the do not either singly or in combination specified dairy ingredient. impart a flavor that imitates the flavor (b) Optional ingredients. The following of chocolate, milk, or butter; safe and suitable ingredients may be (5) Antioxidants; and used: (6) Whey or whey products, the total (1) Cacao fat; amount of which does not exceed 5 per- (2) Nutritive carbohydrate sweet- cent by weight. eners; (c) Nomenclature. The name of the (3) Spices, natural and artificial food is ‘‘white chocolate’’ or ‘‘white flavorings, ground whole nut meats, chocolate coating.’’ When one or more ground coffee, dried malted cereal ex- of the spices, flavorings, or seasonings tract, salt, and other seasonings that specified in paragraph (b)(4) of this sec- do not either singly or in combination tion are used, the label shall bear an impart a flavor that imitates the flavor appropriate statement, e.g., ‘‘Spice of chocolate, milk, or butter; added’’, ‘‘Flavored with lll ’’, or (4) Dairy ingredients:

558

VerDate Nov<24>2008 07:59 Apr 26, 2010 Jkt 220066 PO 00000 Frm 00568 Fmt 8010 Sfmt 8010 Y:\SGML\220066.XXX 220066 erowe on DSK5CLS3C1PROD with CFR