451 PART 139—MACARONI and NOODLE PRODUCTS Subpart A

Food and Drug Administration, HHS § 139.110

taken disposing of the objections, after pub- more than 2.0 percent of the weight of lic hearing thereon. the finished food. [42 FR 14402, Mar. 15, 1977, as amended at 47 (2) Disodium phosphate, in a quantity FR 11828, Mar. 19, 1982; 49 FR 10098, Mar. 19, not less than 0.5 percent and not more 1984; 54 FR 24894, June 12, 1989; 58 FR 2878, than 1.0 percent of the weight of the Jan. 6, 1993; 61 FR 8796, Mar 5, 1996] finished food. (3) Onions, celery, garlic, bay leaf, or PART 139—MACARONI AND any two or more of these, in a quantity NOODLE PRODUCTS which seasons the food. (4) Salt, in a quantity which seasons Subpart A [Reserved] the food. (5) Gum gluten, in such quantity that Subpart B—Requirements for Specific the protein content of the finished food Standardized Macaroni and Noodle is not more than 13 percent by weight. Products The finished macaroni product contains not less than 87 percent of total Sec. solids as determined by the method 139.110 Macaroni products. 139.115 Enriched macaroni products. prescribed in ‘‘Official Methods of 139.117 Enriched macaroni products with Analysis of the Association of Official fortified protein. Analytical Chemists,’’ 13th Ed. (1980), 139.120 Milk macaroni products. in section 14.133, under the heading 139.121 Nonfat milk macaroni products. ‘‘Vacuum Oven Method—Official Final 139.122 Enriched nonfat milk macaroni Action,’’ which is incorporated by ref- products. erence. Copies may be obtained from 139.125 Vegetable macaroni products. the AOAC INTERNATIONAL, 481 North 139.135 Enriched vegetable macaroni products. Frederick Ave., suite 500, Gaithersburg, 139.138 Whole wheat macaroni products. MD 20877, or may be examined at the 139.140 Wheat and soy macaroni products. National Archives and Records Admin- 139.150 Noodle products. istration (NARA). For information on 139.155 Enriched noodle products. the availability of this material at 139.160 Vegetable noodle products. NARA, call 202–741–6030, or go to: http:// 139.165 Enriched vegetable noodle products. www.archives.gov/federallregister/ 139.180 Wheat and soy noodle products. codeloflfederallregulations/ AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, ibrllocations.html. 379e. (6) Concentrated glyceryl monostea- SOURCE: 42 FR 14409, Mar. 15, 1977, unless rate (containing not less than 90 per- otherwise noted. cent monoester), in a quantity not ex- ceeding 2 percent by weight of the fin- Subpart A [Reserved] ished food. (b) Macaroni is the macaroni product the units of which are tube-shaped and Subpart B—Requirements for Spe- more than 0.11 inch but not more than cific Standardized Macaroni 0.27 inch in diameter. and Noodle Products (c) Spaghetti is the macaroni product the units of which are tube-shaped or § 139.110 Macaroni products. cord-shaped (not tubular) and more (a) Macaroni products are the class of than 0.06 inch but not more than 0.11 food each of which is prepared by dry- inch in diameter. ing formed units of dough made from (d) Vermicelli is the macaroni prod- semolina, durum flour, farina, flour, or uct the units of which are cord-shaped any combination of two or more of (not tubular) and not more than 0.06 these, with water and with or without inch in diameter. one or more of the optional ingredients (e) The name of each food for which a specified in paragraphs (a) (1) to (6), in- definition and standard of identity is clusive, of this section. prescribed by this section is ‘‘Macaroni (1) Egg white, frozen egg white, dried product’’; or alternatively, the name is egg white, or any two or all of these, in ‘‘Macaroni’’, ‘‘Spaghetti’’, or such quantity that the solids thereof ‘‘Vermicelli’’, as the case may be, when are not less than 0.5 percent and not the units of the food are of the shapes

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and sizes specified in paragraph (b), (c), not less than 13 mg and not more than or (d), respectively, of this section. 16.5 mg of iron (Fe); (f)(1) When disodium phosphate is (2) Each such food may also contain used the label shall bear the statement as an optional ingredient added vita- ‘‘Disodium phosphate added for quick min D in such quantity that each cooking’’. pound of the finished food contains not (2) When any ingredient specified in less than 250 U.S.P. units and not more paragraph (a)(3) of this section is used than 1000 U.S.P. units of vitamin D. the label shall bear the statement (3) Each such food may also contain ‘‘Seasoned with lll’’, the blank as an optional ingredient added cal- being filled in with the common name cium in such quantity that each pound of the ingredient; or in the case of bay of the finished food contains not less leaves the statement ‘‘Spiced’’, ‘‘Spice than 500 mg. and not more than 625 mg. added’’, or ‘‘Spiced with bay leaves’’. of calcium (Ca); (4) Each such food may also contain (3) When the ingredient specified in as an optional ingredient partly paragraph (a)(6) of this section is used, defatted wheat germ but the amount the label shall bear the statement thereof does not exceed 5 percent of the ‘‘Glyceryl monostearate added’’ or the weight of the finished food; statement ‘‘With added glyceryl mono- (5) Each such food may be supplied, stearate’’. wholly or in part, with the prescribed (4) Wherever the name of the food ap- quantity of any substance referred to pears on the label so conspicuously as in paragraphs (a) (1), (2), and (3) of this to be easily seen under customary con- section through the use of dried yeast, ditions of purchase, the words and dried torula yeast, partly defatted statements prescribed in this section, wheat germ, enriched farina, or en- showing the optional ingredients used, riched flour, or through the direct ad- shall immediately and conspicuously ditions of any of the substances pre- precede or follow, or in part precede scribed in paragraphs (a) (1), (2), and (3) and in part follow, such name, without of this section. intervening written, printed, or graphic matter. Iron and calcium may be added only in (g) Label declaration. Each of the in- forms which are harmless and assimi- gredients used in the food shall be de- lable. The substances referred to in clared on the label as required by the paragraphs (a) (1) and (2) of this section applicable sections of parts 101 and 130 may be added in a harmless carrier of this chapter. which does not impair the enriched macaroni product, such carrier being [42 FR 14409, Mar. 15, 1977, as amended at 47 used only in the quantity reasonably FR 11828, Mar. 19, 1982; 49 FR 10099, Mar. 19, necessary to effect an intimate and 1984; 54 FR 24894, June 12, 1989; 58 FR 2878, uniform distribution of such sub- Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] stances in the finished enriched macaroni product. § 139.115 Enriched macaroni products. (b) Enriched macaroni is the enriched (a) Description. Enriched macaroni macaroni product the units of which products are the class of food each of conform to the specifications of shape which conforms to the definition and and size prescribed for macaroni by standard of identity and is subject to § 139.110(b). the requirements for label statement of (c) Enriched spaghetti is the enriched ingredients, prescribed for macaroni macaroni product the units of which products by § 139.110(a), (f), and (g), ex- conform to the specifications of shape cept that: and size prescribed for spaghetti by (1) Each such food contains in each § 139.110(c). pound not less than 4.0 milligrams (mg) (d) Enriched vermicelli is the en- and not more than 5.0 mg of thiamin, riched macaroni product the units of not less than 1.7 mg and not more than which conform to the specifications of 2.2 mg of riboflavin, not less than 27 mg shape and size prescribed for vermicelli and not more than 34 mg of niacin or by § 139.110(d). niacinamide, not less than 0.9 mg and (e) The name of each food for which a not more than 1.2 mg of folic acid, and definition and standard of identity is

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prescribed by this section is ‘‘Enriched the cooked food by the method in sec- Macaroni product’’; or alternatively, tions 43.212 through 43.216 of the offi- the name is ‘‘Enriched macaroni’’, cial methods. ‘‘Enriched spaghetti’’, or ‘‘Enriched (ii) The total solids content is not vermicelli’’, as the case may be, when less than 87 percent by weight as deter- the units of the food comply with the mined by the method in section 14.133 requirements of paragraphs (b), (c), or of the official methods. (d) respectively of this section. (b)(1) Each food covered by this sec- [42 FR 14409, Mar. 15, 1977, as amended at 58 tion contains in each pound 5 milli- FR 2878, Jan. 6, 1993; 61 FR 8797, Mar. 5, 1996] grams of thiamin, 2.2 milligrams of riboflavin, 34 milligrams of niacin or nia- § 139.117 Enriched macaroni products cinamide, and 16.5 milligrams of iron. with fortified protein. (2) Each pound of such food may also (a)(1) Each of the foods for which a contain 625 milligrams of calcium. standard of identity is prescribed by (3) Iron and calcium may be added this section is produced by drying only in forms which are harmless and formed units of dough made with one assimilable. The enrichment nutrients or more of the milled wheat ingredi- may be added in a harmless carrier ents designated in §§ 139.110(a) and used only in a quantity necessary to ef- 139.138(a), and other ingredients to en- fect a uniform distribution of the nu- able the finished food to meet the pro- trients in the finished food. The re- tein requirements set out in paragraph quirements of paragraphs (b) (1) and (2) (a)(2)(i) of this section. Edible protein of this section shall be deemed to have sources, including food grade flours or been met if reasonable overages, within meals made from nonwheat cereals or the limits of good manufacturing prac- from oilseeds, may be used. Vitamin tice, are present to assure that the pre- and mineral enrichment nutrients are scribed levels of the vitamins and min- added to bring the food into conformity eral(s) are maintained throughout the with the requirements of paragraph (b) expected shelf life of the food under of this section. Safe and suitable ingre- customary conditions of distribution. dients, as provided for in paragraph (c) (c) The safe and suitable ingredients of this section, may be added. The pro- referred to in paragraph (a) of this sec- portion of the milled wheat ingredient tion are ingredients that serve a useful is larger than the proportion of any purpose, e.g., to fortify the protein or other ingredient used. facilitate production of the food, but (2) Each such finished food, when they do not include color additives, ar- tested by the methods described in the tificial flavorings, artificial sweet- cited sections of ‘‘Official Methods of eners, chemical preservatives, or Analysis of the Association of Official starches. Ingredients deemed suitable Analytical Chemists,’’ 13th Ed. (1980), for use by this paragraph are added in which is incorporated by reference amounts that are not in excess of those (copies may be obtained from the reasonably required to achieve their in- AOAC INTERNATIONAL, 481 North tended purposes. Ingredients are Frederick Ave., suite 500, Gaithersburg, deemed to be safe if they are not food MD 20877, or may be examined at the additives within the meaning of section National Archives and Records Admin- 201(s) of the Federal Food, Drug, and istration (NARA). For information on Cosmetic Act, or in case they are food the availability of this material at additives, if they are used in con- NARA, call 202–741–6030, or go to: http:// formity with regulations established www.archives.gov/federallregister/ pursuant to section 409 of the act. codeloflfederallregulations/ (d)(1) The name of any food covered ibrllocations.html.), meets the fol- by this section is ‘‘Enriched Wheat lowing specifications: lll Macaroni Product—with For- (i) The protein content (N × 6.25) is tified Protein’’, the blank being filled not less than 20 percent by weight (on in with appropriate word(s) such as a 13 percent moisture basis) as deter- ‘‘Soy’’ to show the source of any flours mined by the method in section 14.142. or meals used that were made from The protein quality is not less than 95 nonwheat cereals or from oilseeds. In percent that of casein as determined on lieu of the words ‘‘Macaroni Product’’

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the word ‘‘Macaroni’’, ‘‘Spaghetti’’, or the finished milk macaroni product; ‘‘Vermicelli’’, as appropriate, may be and used if the units conform in shape and (2) None of the optional ingredients size to the requirements of § 139.110 (b), permitted by § 139.110(a) (1) and (2) is (c), or (d). used. When the optional ingredient (2) When any ingredient, not des- gum gluten (§ 139.110(a)(5)) is added, the ignated in the part of the name pre- quantity is such that the protein described in paragraph (d)(1) of this sec- rived therefrom, together with the pro- tion, is added in such proportion as to tein derived from semolina, durum contribute 10 percent or more of the flour, farina, flour, or any combination quantity of protein contained in the of these used, does not exceed 13 per- finished food, the name shall include cent of the weight of the finished food. the statement ‘‘Made with lll’’, the (b) Milk macaroni is the milk maca- blank being filled in with the name of roni product the units of which con- each such ingredient, e.g., ‘‘Made with form to the specifications of shape and nonfat milk’’. size prescribed for macaroni by (3) When, in conformity with para- § 139.110(b). graph (d) (1) or (2) of this section, two (c) Milk spaghetti is the milk maca- or more ingredients are listed in the roni product the units of which con- name, their designations shall be ar- form to the specifications of shape and ranged in descending order of predomi- size prescribed for spaghetti by nance by weight. § 139.110(c). (d) Milk vermicelli is the milk maca- (4) In the case of a food made to com- roni product the units of which con- ply with another section of this part, form to the specifications of shape and but which also meets the size prescribed for vermicelli by compositional requirements of this sec- § 139.110(d). tion, it may alternatively bear the (e) The name of each food for which a name set out in that other section. definition and standard of identity is (e) Label declaration. Each of the in- prescribed by this section is ‘‘Milk gredients used in the food shall be de- Macaroni Product’’; or alternatively, clared on the label as required by the the name is ‘‘Milk macaroni’’, ‘‘Milk applicable sections of parts 101 and 130 spaghetti’’, or ‘‘Milk vermicelli’’, as of this chapter. the case may be, when the units of the [42 FR 14409, Mar. 15, 1977, as amended at 47 food comply with the requirements of FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, paragraph (b), (c), or (d), respectively, 1984; 54 FR 24894, June 12, 1989; 58 FR 2878, of this section. Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] (f) The milk ingredients referred to EFFECTIVE DATE NOTE: Section 139.117 was in paragraph (a)(1) of this section are stayed in its entirety at 43 FR 11695, Mar. 21, concentrated milk, evaporated milk, 1978. dried milk, and a mixture of butter with skim milk, concentrated skim § 139.120 Milk macaroni products. milk, evaporated skim milk, nonfat (a) Milk macaroni products are the dry milk (dried skim milk), or any two class of food, each of which conforms to or more of these, in such proportion the definition and standard of identity that the weight of nonfat milk solids in and is subject to the requirements for such mixture is not more than 2.275 label statement of ingredients pre- times the weight of milk fat therein. scribed for macaroni products by [42 FR 14409, Mar. 15, 1977, as amended at 58 § 139.110(a), (f)(2), (f)(3), and (g), except FR 2878, Jan. 6, 1993] that: (1) Milk is used as the sole moist- § 139.121 Nonfat milk macaroni prod- ening ingredient in preparing the ucts. dough; or in lieu of milk one or more of (a) Each of the macaroni products the milk ingredients specified in para- made with nonfat milk for which a def- graph (f) of this section is used, with or inition and standard of identity is pre- without water, in such quantity that scribed by this section conforms to the the weight of milk solids therein is not definition and standard of identity, and less than 3.8 percent of the weight of is subject to the requirements for label

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statement of ingredients, prescribed amount such that the finished enriched for macaroni products by § 139.110(a), macaroni product made with nonfat (f)(2), (f)(3), (f)(4), and (g), except that: milk contains by weight not less than (1)(i) In preparing the dough, nonfat 12 percent and not more than 25 per- dry milk or concentrated skim milk, or cent of milk solids-not-fat. Carra- a mixture of these, is used in an geenan or the salts of carrageenan con- amount such that the finished maca- forming to the requirements of § 172.620 roni product made with nonfat milk and § 172.626 of this chapter may be contains by weight not less than 12 per- used in a quantity not in excess of 0.833 cent and not more than 25 percent of percent by weight of the milk solids- milk solids-not-fat. Carrageenan or not-fat used. salts of carrageenan conforming to the (ii) When the ingredient carrageenan requirements of §§ 172.620 and 172.626 of or the salts of carrageenan specified in this chapter may be used in a quantity paragraph (a)(1)(i) of this section is not in excess of 0.833 percent by weight used, the label shall bear the state- of the milk solids-not-fat used. ment, ‘‘Carrageenan added’’ or ‘‘Salts (ii) When the ingredient carrageenan of carrageenan added’’ or the state- or the salts of carrageenan specified in ment ‘‘With added carrageenan’’ or paragraph (a)(1)(i) of this section is ‘‘With added salts of carrageenan’’, in used, the label shall bear the state- the manner further prescribed by ment, ‘‘Carrageenan added’’ or ‘‘Salts § 139.110(f)(4). of carrageenan added’’ or the state- (2) None of the optional ingredients ment ‘‘With added carrageenan’’ or permitted by § 139.110(a) (1), (2), and (5) ‘‘With added salts of carrageenan’’, in are used. the manner further prescribed by (3) Each such food contains in each § 139.110(f)(4). pound not less than 4.0 milligrams (mg) (2) None of the optional ingredients and not more than 5.0 mg of thiamin, permitted by § 139.110(a) (1), (2), and (5) not less than 1.7 mg and not more than are used. 2.2 mg of riboflavin, not less than 27 mg (b) The name of each food for which and not more than 34 mg of niacin or a definition and standard of identity is niacinamide, not less than 0.9 mg and prescribed by this section is ‘‘Macaroni not more than 1.2 mg of folic acid, and products made with nonfat milk’’ or, not less than 13 mg and not more than alternatively, the name is ‘‘Macaroni 16.5 mg of iron (Fe). These substances made with nonfat milk’’, ‘‘Spaghetti may be added through direct addition made with nonfat milk’’ or ‘‘Vermicelli or wholly or in part through the use of made with nonfat milk’’, as the case dried yeast, dried torula yeast, partly may be when the units of the food con- defatted wheat germ (as provided for in form to the specifications of shape and paragraph (a)(4) of this section), en- size prescribed by § 139.110 (b), (c), or riched farina, or enriched flour. They (d), respectively. may be added in a harmless carrier, [42 FR 14409, Mar. 15, 1977, as amended at 58 such carrier being used only in the FR 2878, Jan. 6, 1993] quantity reasonably necessary to effect an intimate and uniform distribution § 139.122 Enriched nonfat milk maca- of such substances in the finished food. roni products. Iron may be added only in a form that (a) Each of the enriched macaroni is harmless and assimilable. products made with nonfat milk for (4) Each such food may also contain which a definition and standard of as an optional ingredient partly identity is prescribed by this section defatted wheat germ, but the amount conforms to the definition and stand- thereof does not exceed 5 percent by ard of identity, and is subject to the re- weight of the finished food. quirements for label statement of in- (b) The name of each food for which gredients, prescribed for macaroni a definition and standard of identity is products by § 139.110(a), (f)(2), (f)(3), prescribed by this section is ‘‘Enriched (f)(4), and (g), except that: macaroni product made with nonfat (1)(i) In preparing the dough, nonfat milk’’ or, alternatively, the name is dry milk or concentrated skim milk, or ‘‘Enriched macaroni made with nonfat a mixture of these, is used in an milk’’, ‘‘Enriched spaghetti made with

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nonfat milk’’, or ‘‘Enriched vermicelli natively, the name is ‘‘lll maca- made with nonfat milk,’’ as the case roni’’, ‘‘lll spaghetti’’, or ‘‘lll may be when the units of the food con- vermicelli’’, as the case may be, when form to the specifications of shape and the units of the food comply with the size prescribed by § 139.110 (b), (c), or requirements of paragraph (b), (c), or (d), respectively. (d) of this section, respectively, the blank in each instance being filled in [42 FR 14409, Mar. 15, 1977, as amended at 58 FR 2878, Jan. 6, 1993] with the name whereby the vegetable used is designated in paragraph (a) of § 139.125 Vegetable macaroni prod- this section. ucts. [42 FR 14409, Mar. 15, 1977, as amended at 58 (a) Vegetable macaroni products are FR 2878, Jan. 6, 1993] the class of food each of which conforms to the definition and standard of § 139.135 Enriched vegetable macaroni identity and is subject to the require- products. ments for label statement of ingredi- (a) Each of the macaroni products for ents prescribed for macaroni products which a definition and standard of by § 139.110(a), (f)(2), (f)(3), and (g), ex- identity is prescribed by this section cept that: conforms to the definition and stand- (1) Tomato (of any red variety), arti- ard of identity and is subject to the re- choke, beet, carrot, parsley, or spinach quirements for label statement of in- is added in such quantity that the sol- gredients prescribed for macaroni prod- ids thereof are not less than 3 percent ucts by § 139.110(a), (f), and (g), and in by weight of the finished vegetable addition is enriched to meet the re- macaroni product (the vegetable used quirements prescribed for enriched may be fresh, canned, dried, or in the macaroni products by § 139.115 and conform of puree or paste); and tains a vegetable ingredient in compli- (2) None of the optional ingredients ance with the requirements prescribed permitted by § 139.110(a) (1) and (2) is for vegetable macaroni products by used. When the optional ingredient § 139.125. gum gluten (§ 139.110(a)(5)) is added, the (b) The name of each food for which quantity is such that the protein de- a definition and standard of identity is rived therefrom, together with the pro- prescribed by this section is ‘‘Enriched tein derived from the semolina, durum lll macaroni product’’, or, alter- flour, farina, flour or any combination natively, the name is ‘‘Enriched lll of these used, does not exceed 13 per- macaroni’’, ‘‘Enriched lll spa- cent of the weight of the finished food. ghetti’’, or ‘‘Enriched lll (b) Vegetable macaroni is the vege- vermicelli’’, when the units comply table macaroni product the units of with the shape and size requirements which conform to the specifications of prescribed for macaroni, spaghetti, or shape and size prescribed for macaroni vermicelli in § 139.110 (b), (c), or (d). by § 139.110(b). The blank in each instance is filled in (c) Vegetable spaghetti is the vege- with the name of the vegetable used, as table macaroni product the units of specified in § 139.125(a). For example, which conform to the specifications of the name of an enriched macaroni shape and size prescribed for spaghetti product containing the prescribed by § 139.110(c). amount of spinach and made in units (d) Vegetable vermicelli is the vege- not conforming in shape and size to the table macaroni product, the units of requirements for macaroni, spaghetti, which conform to the specifications of or vermicelli is ‘‘Enriched spinach shape and size prescribed for vermicelli macaroni product’’. by § 139.110(d). [42 FR 14409, Mar. 15, 1977, as amended at 58 (e) The name of each food for which a FR 2878, Jan. 6, 1993] definition and standard of identity is prescribed by this section is ‘‘lll § 139.138 Whole wheat macaroni prod- macaroni product’’, the blank being ucts. filled in with the name whereby the (a) Whole wheat macaroni products vegetable used is designated in para- are the class of food each of which con- graph (a) of this section; or alter- forms to the definition and standard of

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identity and is subject to the require- used. When the optional ingredient ments for label statement of ingredi- gum gluten (§ 139.110(a)(5)) is added, the ents, prescribed for macaroni products quantity is such that the protein de- by § 139.110(a), (f)(2), (f)(3), and (g), ex- rived therefrom, together with the pro- cept that: tein derived from semolina, durum (1) Whole wheat flour or whole durum flour, farina, flour or any combination wheat flour or both are used as the sole of these used, does not exceed 13 per- wheat ingredient; and cent of the weight of the finished food. (2) None of the optional ingredients (b) Wheat and soy macaroni is the permitted by § 139.110(a) (1), (2), and (5) is used. wheat and soy macaroni product the (b) Whole wheat macaroni is the units of which conform to the speci- whole wheat macaroni product the fications of shape and size prescribed units of which conform to the speci- for macaroni by § 139.110(b). fications of shape and size prescribed (c) Wheat and soy spaghetti is the for macaroni by § 139.110(b). wheat and soy macaroni product the (c) Whole wheat spaghetti is the units of which conform to the speci- whole wheat macaroni product the fications of shape and size prescribed units of which conform to the speci- for spaghetti by § 139.110(c). fications of shape and size prescribed (d) Wheat and soy vermicelli is the for spaghetti by § 139.110(c). wheat and soy macaroni product the (d) Whole wheat vermicelli is the units of which conform to the speci- whole wheat macaroni product the fications of shape and size prescribed units of which conform to the speci- for vermicelli by § 139.110(d). fications of shape and size prescribed (e) The name of each food for which a for vermicelli by § 139.110(d). definition and standard of identity is (e) The name of each food for which a prescribed by this section is ‘‘Wheat definition and standard of identity is and soy macaroni product’’, ‘‘Wheat prescribed by this section is ‘‘Whole wheat macaroni product’’; or alter- and soybean macaroni product’’, natively, the name is ‘‘Whole wheat ‘‘lll and soy macaroni product’’, or macaroni’’, ‘‘Whole wheat spaghetti’’, ‘‘lll and soybean macaroni prod- or ‘‘Whole wheat vermicelli’’, as the uct’’, the blank in each instance being case may be, when the units of the food filled in with the name whereby the comply with the requirements of para- wheat ingredient used is designated in graph (b), (c), or (d), respectively, of § 139.110(a); or alternatively, the name this section. is ‘‘Wheat and soy macaroni’’, ‘‘Wheat and soybean macaroni’’, ‘‘lll and [42 FR 14409, Mar. 15, 1977, as amended at 58 FR 2878, Jan. 6, 1993] soy macaroni’’, or ‘‘lll and soybean macaroni’’ when the units of the food § 139.140 Wheat and soy macaroni comply with the requirements of para- products. graph (b) of this section; or ‘‘Wheat and (a) Wheat and soy macaroni products soy spaghetti’’, ‘‘Wheat and soybean are the class of food each of which con- spaghetti’’, ‘‘lll and soy spaghetti’’, forms to the definition and standard of or ‘‘lll and soybean spaghetti’’ when identity and is subject to the require- such units comply with the requirements for label statement of ingredi- ments of paragraph (c) of this section; ents, prescribed for macaroni products or ‘‘Wheat and soy vermicelli’’, ‘‘Wheat by § 139.110(a), (f)(2), (f)(3), and (g), ex- and soybean vermicelli’’, ‘‘lll and cept that: soy vermicelli’’, or ‘‘lll and soybean (1) Soy flour is added in a quantity vermicelli’’ when such units comply not less than 12.5 percent of the com- with the requirements of paragraph (d) bined weight of the wheat and soy in- of this section, the blank in each ingredients used (the soy flour used is stance being filled in with the name made from heat-processed, dehulled whereby the wheat ingredient used is soybeans, with or without the removal designated in § 139.110(a). of fat therefrom); and (2) None of the optional ingredients [42 FR 14409, Mar. 15, 1977, as amended at 58 permitted by § 139.110(a) (1) and (2) is FR 2878, Jan. 6, 1993]

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§ 139.150 Noodle products. and more than 0.11 inch but not more (a) Noodle products are the class of than 0.27 inch in diameter. food each of which is prepared by dry- (d) Egg spaghetti is the noodle prod- ing formed units of dough made from uct the units of which are tube-shaped semolina, durum flour, farina, flour, or or cord-shaped (not tubular) and more any combination of two or more of than 0.06 inch but not more than 0.11 these, with liquid eggs, frozen eggs, inch in diameter. dried eggs, egg yolks, frozen yolks, (e) Egg vermicelli is the noodle prod- dried yolks, or any combination of two uct the units of which are cord-shaped or more of these, with or without water (not tubular) and not more than 0.06 and with or without one or more of the inch in diameter. optional ingredients specified in para- (f) The name of each food for which a graphs (a) (1) to (4) of this section in- definition and standard of identity is clusive: prescribed by this section is ‘‘Noodle (1) Onions, celery, garlic, bay leaf, or product’’ or ‘‘Egg noodle product’’; or any two or more of these, in a quantity alternatively, the name is ‘‘Noodles’’ which seasons the food. or ‘‘Egg noodles’’, ‘‘Egg macaroni’’, (2) Salt, in a quantity which seasons ‘‘Egg spaghetti’’, or ‘‘Egg vermicelli’’, the food. as the case may be, when the units of (3) Gum gluten, in such quantity that the food are of the shapes and sizes the protein derived therefrom, together with the protein derived from semo- specified in paragraph (b), (c), (d), or lina, durum flour, farina, flour or any (e), respectively, of this section. combination of these used, does not ex- (g)(1) When any ingredient specified ceed 13 percent of the weight of the fin- in paragraph (a)(1) of this section is ished food. used, the label of the noodle product (4) Concentrated glyceryl monostea- shall bear the statement ‘‘Seasoned rate (containing not less than 90 per- with lll’’, the blank being filled in cent monoester) in a quantity not ex- with the common name of the ingre- ceeding 3 percent by weight of the fin- dient; or in the case of bay leaves, the ished food. statement ‘‘Spiced’’, ‘‘Spice added’’, or The finished noodle product contains ‘‘Spiced with bay leaves’’. not less than 87 percent of total solids (2) When the ingredient specified in as determined by the method pre- paragraph (a)(4) of this section is used, scribed in ‘‘Official Methods of Anal- the label shall bear the statement ysis of the Association of Official Ana- ‘‘Glyceryl monostearate added’’ or the lytical Chemists,’’ 13th Ed. (1980), in statement ‘‘With added glyceryl mono- section 14.133, under the heading ‘‘Vac- stearate’’. uum Oven Method—Official Final Ac- (h) Wherever the name of the food ap- tion,’’ which is incorporated by ref- pears on such label so conspicuously as erence. Copies may be obtained from to be easily seen under customary con- the AOAC INTERNATIONAL, 481 North ditions of purchase, the words and Frederick Ave., suite 500, Gaithersburg, statements prescribed in this section, MD 20877, or may be examined at the showing the ingredients used shall im- National Archives and Records Admin- mediately and conspicuously precede istration (NARA). For information on or follow, or in part precede and in part the availability of this material at follow, such name without intervening NARA, call 202–741–6030, or go to: http:// written, printed, or other graphic mat- www.archives.gov/federallregister/ ter. codeloflfederallregulations/ ibrllocations.html. The total solids of (i) Label declaration. Each of the in- noodle products contains not less than gredients used in the food shall be de- 5.5 percent by weight of the solids of clared on the label as required by the egg, or egg yolk. applicable sections of parts 101 and 130 (b) Noodles, egg noodles, is the noo- of this chapter. dle product the units of which are rib- [42 FR 14409, Mar. 15, 1977, as amended at 47 bon-shaped. FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, (c) Egg macaroni is the noodle prod- 1984; 54 FR 24894, June 12, 1989; 58 FR 2879, uct the units of which are tube-shaped Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]

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§ 139.155 Enriched noodle products. ucts the units of which conform to the (a) Enriched noodle products are the specifications of shape and size pre- class of food each of which conforms to scribed for noodles in § 139.150(b). (c) Enriched egg macaroni is the en- the definition and standard of identity, riched noodle product the units of and is subject to the requirements for which conform to the specifications of label statement of ingredients, pre- shape and size prescribed for egg maca- scribed for noodle products by § 139.150 roni in § 139.150(c). (a), (g), and (i), except that: (d) Enriched egg spaghetti is the en- (1) Each such food contains in each riched noodle product the units of pound not less than 4 milligrams (mg) which conform to the specifications of and not more than 5 mg of thiamin, not shape and size prescribed for egg spa- less than 1.7 mg and not more than 2.2 ghetti in § 139.150(d). mg of riboflavin, not less than 27 mg (e) Enriched egg vermicelli is the en- and not more than 34 mg of niacin or riched noodle product the units of niacinamide, not less than 0.9 mg and which conform to the specifications of not more than 1.2 mg of folic acid, and shape and size prescribed for egg not less than 13 mg and not more than vermicelli in § 139.150(e). 16.5 mg of iron (Fe); (f) The name of each food for which a (2) Each such food may also contain definition and standard of identity is as an optional ingredient added vita- prescribed by this section is ‘‘Enriched min D in such quantity that each noodle product’’ or ‘‘Enriched egg noo- pound of the finished food contains not dle product’’; or alternatively, the less than 250 U.S.P. units and not more name is ‘‘Enriched noodles’’, or ‘‘En- than 1000 U.S.P. units of vitamin D; riched egg noodles’’, ‘‘Enriched egg (3) Each such food may also contain macaroni’’, ‘‘Enriched egg spaghetti’’, as an optional ingredient added cal- or ‘‘Enriched egg vermicelli’’, as the cium in such quantity that each pound of the finished food contains not less case may be, when the units of the food than 500 mg. and not more than 625 mg. comply with the requirements of para- of calcium (Ca); graph (b), (c), (d), or (e) respectively of (4) Each such food may also contain this section. as an optional ingredient partly [42 FR 14409, Mar. 15, 1977, as amended at 58 defatted wheat germ, but the amount FR 2879, Jan. 6, 1993] thereof does not exceed 5 percent of the weight of the finished food; § 139.160 Vegetable noodle products. (5) Each such food may be supplied, (a) Vegetable noodle products are the wholly or in part, with the prescribed class of food each of which conforms to quantity of any substance referred to the definition and standard of identity, in paragraphs (a) (1), (2), and (3) of this and is subject to the requirements for section through the use of dried yeast, label statement of ingredients, pre- dried torula yeast, partly defatted scribed for noodle products by wheat germ, enriched farina, or en- § 139.150(a), (g), and (i), except that to- riched flour, or through the direct ad- mato (of any red variety), artichoke, ditions of any of the substances pre- beet, carrot, parsley, or spinach is scribed in paragraphs (a) (1), (2), and (3) added in such quantity that the solids of this section. thereof are not less than 3 percent by Iron and calcium may be added only in weight of the finished vegetable noodle forms which are harmless and assimi- product (the vegetable used may be lable. The substances referred to in fresh, canned, dried, or in the form of paragraphs (a) (1) and (2) of this section puree or paste). may be added in a harmless carrier (b) Vegetable noodles, vegetable egg which does not impair the enriched noodles, is the vegetable noodle prod- noodle product, such carrier being used uct the units of which are ribbon- only in the quantity reasonably nec- shaped. essary to effect an intimate and uni- (c) Vegetable egg macaroni is the form distribution of such substances in vegetable noodle product the units of the finished enriched noodle product. which conform to the specifications of (b) Enriched noodles, enriched egg shape and size prescribed for egg maca- noodles are the enriched noodle prod- roni by § 139.150(c).

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(d) Vegetable egg spaghetti is the dles’’, ‘‘Enriched lll egg macaroni’’, vegetable noodle product the units of ‘‘Enriched lll egg spaghetti’’, or which conform to the specifications of ‘‘Enriched lll egg vermicelli’’, when shape and size prescribed for egg spa- the units comply with the size and ghetti by § 139.150(d). shape requirements for noodles, maca- (e) Vegetable egg vermicelli is the roni, spaghetti, or vermicelli in § 139.150 vegetable noodle product the units of (b), (c), (d), or (e). The blank in each in- which conform to the specifications of stance is filled in with the name of the shape and size prescribed for egg vegetable used, as specified in vermicelli by § 139.150(e). § 139.160(a). (f) The name of each food for which a [42 FR 14409, Mar. 15, 1977, as amended at 58 definition and standard of identity is FR 2879, Jan. 6, 1993] prescribed by this section is ‘‘lll noodle product’’ or ‘‘lll egg noodle § 139.180 Wheat and soy noodle prod- product’’, the blank being filled in with ucts. the name whereby the vegetable used is (a) Wheat and soy noodle products designated in paragraph (a) of this sec- are the class of food each of which con- tion; or alternatively, the name is forms to the definition and standard of ‘‘lll noodles’’ or ‘‘lll egg noo- identity and is subject to the require- dles’’, ‘‘lll egg macaroni’’, ‘‘lll ments for label statement of ingredi- egg spaghetti’’, or ‘‘lll egg ents prescribed for noodle products by vermicelli’’, as the case may be, when § 139.150(a), (g), and (i), except that soy the units of the food comply with the flour is added in a quantity not less requirements of paragraph (b), (c), (d), than 12.5 percent of the combined or (e) of this section, respectively, the weight of the wheat and soy ingredi- blank in each instance being filled in ents used (the soy flour used is made with the name whereby the vegetable from heat-processed, dehulled soy- is designated in paragraph (a) of this beans, with or without the removal of section. fat therefrom). [42 FR 14409, Mar. 15, 1977, as amended at 58 (b) Wheat and soy noodles, wheat and FR 2879, Jan. 6, 1993] soy egg noodles, is the wheat and soy noodle product the units of which are § 139.165 Enriched vegetable noodle ribbon-shaped. products. (c) Wheat and soy egg macaroni is (a) Each of the noodle products for the wheat and soy noodle product the which a definition and standard of units of which conform to the speci- identity is prescribed by this section fications of shape and size prescribed conforms to the definition and stand- for egg macaroni by § 139.150(c). ard of identity and is subject to the re- (d) Wheat and soy egg spaghetti is quirements for label declaration of in- the wheat and soy noodle product the gredients prescribed for noodle prod- units of which conform to the speci- ucts by § 139.150 (a), (g), (h), and (i), and fications of shape and size prescribed in addition is enriched to meet the re- for egg spaghetti by § 139.150(d). quirements prescribed for enriched (e) Wheat and soy egg vermicelli is noodle products by § 139.155 and, except the wheat and soy noodle product the as hereinafter provided, contains a veg- units of which conform to the speci- etable ingredient in compliance with fications of shape and size prescribed the requirements prescribed for vege- for egg vermicelli by § 139.150(e). table noodle products by § 139.160. Be- (f) The name of each food for which a cause they are apt to impart an egg- definition and standard of identity is yolk color, carrots are not used in en- prescribed by this section is ‘‘Wheat riched vegetable noodle products. and soy noodle product’’, ‘‘Wheat and (b) The name of each food for which soy egg noodle product’’, ‘‘Wheat and a definition and standard of identity is soybean noodle product’’, ‘‘Wheat and prescribed by this section is ‘‘Enriched soybean egg noodle product’’, ‘‘lll lll noodle product’’, ‘‘Enriched and soy noodle product’’, ‘‘lll and lll egg noodle product’’, or, alter- soy egg noodle product’’, ‘‘lll and natively, the name is ‘‘Enriched lll soybean noodle product’’, or ‘‘lll noodles’’, or ‘‘Enriched lll egg noo- and soybean egg noodle product’’, the

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blank in each instance being filled in 145.136 Artificially sweetened canned fruit with the name whereby the wheat in- cocktail. gredient used is designated in 145.140 Canned seedless grapes. § 139.150(a); or alternatively, the name 145.145 Canned grapefruit. 145.170 Canned peaches. is ‘‘Wheat and soy noodles’’, ‘‘Wheat 145.171 Artificially sweetened canned peach- and soy egg noodles’’, ‘‘Wheat and soy- es. bean noodles’’, ‘‘Wheat and soybean 145.175 Canned pears. egg noodles’’, ‘‘lll and soy noodles’’, 145.176 Artificially sweetened canned pears. ‘‘lll and soy egg noodles’’, ‘‘lll 145.180 Canned pineapple. and soybean noodles’’, or ‘‘lll and 145.181 Artificially sweetened canned pine- soybean egg noodles’’ when the units of apple. 145.185 Canned plums. the food comply with the requirements 145.190 Canned prunes. of paragraph (b) of this section; or ‘‘Wheat and soy egg macaroni’’, AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, ‘‘Wheat and soybean egg macaroni’’, 379e. ‘‘lll and soy egg macaroni’’, or SOURCE: 42 FR 14414, Mar. 15, 1977, unless ‘‘lll and soybean egg macaroni’’ otherwise noted. when such units comply with the requirements of paragraph (c) of this sec- Subpart A—General Provisions tion; or ‘‘Wheat and soy egg spaghetti’’, ‘‘Wheat and soybean egg spa- § 145.3 Definitions. ghetti’’, ‘‘lll and soy egg spaghetti’’, For the purposes of this part: or ‘‘lll and soybean egg spaghetti’’ (a) The term corn sirup means a clari- when such units comply with the re- fied, concentrated aqueous solution of quirements of paragraph (d) of this sec- the products obtained by the incom- tion; or ‘‘Wheat and soy egg plete hydrolysis of cornstarch, and in- vermicelli’’, ‘‘Wheat and soybean egg cludes dried corn sirup. The solids of vermicelli’’, ‘‘lll and soy egg corn sirup and of dried corn sirup con- vermicelli’’, or ‘‘lll and soybean egg tain not less than 40 percent by weight vermicelli’’, when such units comply of reducing sugars calculated as anhy- with the requirements of paragraph (e) drous dextrose. of this section, the blank in each in- (b) The term dextrose means the hy- stance being filled in with the name drated or anhydrous, refined whereby the wheat ingredient used is monosaccharide obtained from designated in § 139.150(a). hydrolyzed starch. (c) The term dried glucose sirup means [42 FR 14409, Mar. 15, 1977, as amended at 58 FR 2879, Jan. 6, 1993] the product obtained by drying ‘‘glucose sirup.’’ (d) The term glucose sirup means a PART 145—CANNED FRUITS clarified, concentrated, aqueous solution of the products obtained by the in- Subpart A—General Provisions complete hydrolysis of any edible Sec. starch. The solids of glucose sirup con- 145.3 Definitions. tain not less than 40 percent by weight of reducing sugars calculated as anhy- Subpart B—Requirements for Specific drous dextrose. Standardized Canned Fruits (e) The term invert sugar sirup means an aqueous solution of inverted or 145.110 Canned applesauce. partly inverted, refined or partly re- 145.115 Canned apricots. fined sucrose, the solids of which con- 145.116 Artificially sweetened canned apri- tain not more than 0.3 percent by cots. weight of ash, and which is colorless, 145.120 Canned berries. 145.125 Canned cherries. odorless, and flavorless, except for 145.126 Artificially sweetened canned cher- sweetness. ries. (f) The term sugar means refined su- 145.130 Canned figs. crose. 145.131 Artificially sweetened canned figs. (g) The terms edible organic acid and 145.134 Canned preserved figs. edible organic salt refer to any edible or- 145.135 Canned fruit cocktail. ganic acid and any edible organic salt

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