§ 135.115 21 CFR Ch. I (4–1–10 Edition)

§ 135.115 ’s ice . § 135.130 Mellorine. (a) Description. Goat’s milk (a) Description. (1) Mellorine is a food is the food prepared in the same man- produced by freezing, while stirring, a ner prescribed in § 135.110 for ice cream, pasteurized mix consisting of safe and and complies with all the provisions of suitable ingredients including, but not § 135.110, except that the only optional limited to, milk-derived nonfat solids ingredients that may be used are and animal or vegetable fat, or both, those in paragraph (b) of this section; only part of which may be milkfat. caseinates and hydrolyzed milk pro- Mellorine is sweetened with nutritive teins may not be used; and paragraphs carbohydrate sweetener and is charac- (f)(1) and (g) of § 135.110 shall not apply. terized by the addition of flavoring in- (b) Optional dairy ingredients. The op- gredients. tional dairy ingredients referred to in (2) Mellorine contains not less than paragraph (a) of this section are goat’s 1.6 pounds of total solids to the gallon, skim milk, goat’s milk, and goat’s and weighs not less than 4.5 pounds to cream. These optional dairy ingredi- the gallon. Mellorine contains not less ents may be used in liquid, con- than 6 percent fat and 2.7 percent pro- centrated, and/or dry form. tein having a protein efficiency ratio (c) Nomenclature. (1) The name of the (PER) not less than that of whole milk food is ‘‘goat’s milk ice cream’’ or, al- protein (108 percent of casein) by ternatively, ‘‘ice cream made with weight of the food, exclusive of the goat’s milk’’, except that when the egg weight of any bulky flavoring ingredi- yolk solids content of the food is in ex- ents used. In no case shall the fat con- tent of the finished food be less than 4.8 cess of that specified for ice cream in percent or the protein content be less paragraph (a) of § 135.110, the name of than 2.2 percent. The protein to meet the food is ‘‘goat’s milk frozen cus- the minimum protein requirements tard’’ or, alternatively, ‘‘frozen custard shall be provided by milk solids, not made with goat’s milk’’, or ‘‘goat’s fat and/or other milk-derived ingredi- milk french ice cream’’, or, alter- ents. natively, ‘‘french ice cream made with (3) When calculating the minimum goat’s milk’’, or ‘‘goat’s milk french amount of milkfat and protein required custard ice cream’’, or, alternatively, in the finished food, the solids of choc- ‘‘french custard ice cream made with olate or cocoa used shall be considered goat’s milk’’. a bulky flavoring ingredient. In order (2) Until September 14, 1998, when to make allowance for additional safe and suitable sweeteners other than sweetening ingredients needed when nutritive carbohydrate sweeteners are certain bulky ingredients are used, the used in the food, their presence shall be weight of or cocoa solids declared by their common or usual used may be multiplied by 2.5; the name on the principal display panel of weight of fruit or nuts used may be the label as part of the statement of multiplied by 1.4; and the weight of identity in letters that shall be no less partially or wholly dried fruits or fruit than one-half the size of the type used may be multiplied by appro- in the term ‘‘goat’s milk ice cream’’ priate factors to obtain the original but in any case no smaller than one- weights before drying and this weight sixteenth of an inch. If the food pur- may be multiplied by 1.4. ports to be or is represented for special (b) Fortification. Vitamin A is present dietary use, it shall bear labeling in ac- in a quantity which will ensure that 40 cordance with the requirements of part international units (IU) are available 105 of this chapter. for each gram of fat in mellorine, with- (d) Label declaration. Each of the in- in limits of good manufacturing prac- gredients used in the food shall be de- tice. clared on the label as required by the (c) Methods of analysis. Fat and pro- applicable sections of parts 101 and 130 tein content, and the PER shall be de- of this chapter. termined by following the methods [47 FR 41526, Sept. 21, 1982, as amended at 58 contained in ‘‘Official Methods of Anal- FR 2896, Jan. 6, 1993; 59 FR 47080, Sept. 14, ysis of the Association of Official Ana- 1994] lytical Chemists,’’ 13th Ed. (1980),

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which is incorporated by reference. paragraph (c) of this section subject to Copies may be obtained from the AOAC the conditions hereinafter set forth, INTERNATIONAL, 481 North Frederick and other safe and suitable nonmilk- Ave., suite 500, Gaithersburg, MD 20877, derived ingredients; and excluding or may be examined at the National other food fats, except such as are Archives and Records Administration added in small amounts to accomplish (NARA). For information on the avail- specific functions or are natural com- ability of this material at NARA, call ponents of flavoring ingredients used. 202–741–6030, or go to: http:// Sherbet is sweetened with nutritive www.archives.gov/federallregister/ carbohydrate sweeteners and is charac- codeloflfederallregulations/ terized by the addition of one or more ibrllocations.html. of the characterizing fruit ingredients (1) Fat content shall be determined specified in paragraph (d) of this sec- by the method: ‘‘Fat, Roese-Gottlieb tion or one or more of the nonfruit- Method—Official Final Action,’’ sec- characterizing ingredients specified in tion 16.287. paragraph (e) of this section. (2) Protein content shall be deter- (2) Sherbet weighs not less than 6 mined by one of the following methods: pounds to the gallon. The milkfat con- ‘‘Nitrogen—Official Final Action,’’ tent is not less than 1 percent nor more Kjeldahl Method, section 16.285, or Dye than 2 percent, the nonfat milk-derived Binding Method, section 16.286. solids content not less than 1 percent, (3) PER shall be determined by the and the total milk or milk-derived sol- method: ‘‘Biological Evaluation of Pro- ids content is not less than 2 percent tein Quality—Official Final Action,’’ nor more than 5 percent by weight of sections 43.212–43.216. the finished food. Sherbet that is char- (d) Nomenclature. The name of the acterized by a fruit ingredient shall food is ‘‘mellorine’’. The name of the have a titratable acidity, calculated as food on the label shall be accompanied lactic acid, of not less than 0.35 per- by a declaration indicating the pres- cent. ence of characterizing flavoring in the (b) Optional dairy ingredients. The op- same manner as is specified in tional dairy ingredients referred to in § 135.110(c). paragraph (a) of this section are: (e) Label declaration. Each of the in- Cream, dried cream, plastic cream gredients used shall be declared on the (sometimes known as concentrated label as required by the applicable sec- milkfat), , butter oil, milk, con- tions of parts 101 and 130 of this chap- centrated milk, , ter, except that sources of milkfat or superheated condensed milk, sweetened milk solids not fat may be declared in condensed milk, dried milk, skim milk, descending order of predominance ei- concentrated skim milk, evaporated ther by the use of the terms ‘‘milkfat skim milk, condensed skim milk, and nonfat milk’’ when one or any sweetened condensed skim milk, sweet- combination of two or more of the in- ened condensed part-skim milk, nonfat gredients listed in § 101.4(b)(3), (b)(4), dry milk, sweet cream , con- (b)(8), and (b)(9) of this chapter are densed sweet cream buttermilk, dried used, or alternatively as permitted in sweet cream buttermilk, skim milk § 101.4 of this chapter. that has been concentrated and from [42 FR 19137, Apr. 12, 1977, as amended at 47 which part of the lactose has been re- FR 11826, Mar. 19, 1982; 49 FR 10096, Mar. 19, moved by crystallization, and 1984; 54 FR 24894, June 12, 1989; 58 FR 2896, and those modified whey products (e.g., Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] reduced lactose whey, reduced minerals whey, and whey protein concentrate) § 135.140 Sherbet. that have been determined by FDA to (a) Description. (1) Sherbet is a food be generally recognized as safe (GRAS) produced by freezing, while stirring, a for use in this type of food. Water may pasteurized mix consisting of one or be added, or water may be evaporated more of the optional dairy ingredients from the mix. The sweet cream butter- specified in paragraph (b) of this sec- milk and the concentrated sweet cream tion, and may contain one or more of buttermilk or dried sweet cream but- the optional caseinates specified in termilk, when adjusted with water to a

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