[Title 21 CFR 131]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 21 - FOOD AND DRUGS]
[Chapter I - FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES--CONTINUED]
[Subchapter B - FOOD FOR HUMAN CONSUMPTION]
[Part 131 - MILK AND CREAM]
[From the U.S. Government Publishing Office]




  21
  FOOD AND DRUGS
  2
  1996-04-01
  1996-04-01
  false
  MILK AND CREAM
  131
  PART 131
  
    FOOD AND DRUGS
    FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES--CONTINUED
    FOOD FOR HUMAN CONSUMPTION
  


PART 131--MILK AND CREAM--Table of Contents




                      Subpart A--General Provisions

Sec.
131.3  Definitions.
131.25  Whipped cream products containing flavoring or sweetening.

    Subpart B--Requirements for Specific Standardized Milk and Cream

131.110  Milk.
131.111  Acidified milk.
131.112  Cultured milk.
131.115  Concentrated milk.
131.120  Sweetened condensed milk.
131.122  Sweetened condensed skimmed milk.
131.123  Lowfat dry milk.
131.125  Nonfat dry milk.
131.127  Nonfat dry milk fortified with vitamins A and D.
131.130  Evaporated milk.
131.132  Evaporated skimmed milk.
131.135  Lowfat milk.
131.136  Acidified lowfat milk.
131.138  Cultured lowfat milk.
131.143  Skim milk.
131.144  Acidified skim milk.
131.146  Cultured skim milk.
131.147  Dry whole milk.
131.149  Dry cream.
131.150  Heavy cream.
131.155  Light cream.
131.157  Light whipping cream.
131.160  Sour cream.
131.162  Acidified sour cream.
131.170  Eggnog.
131.180  Half-and-half.
131.185  Sour half-and-half.
131.187  Acidified sour half-and-half.
131.200  Yogurt.
131.203  Lowfat yogurt.
131.206  Nonfat yogurt.

    Authority: Secs. 201, 401, 403, 409, 701, 721 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321, 341, 343, 348, 371, 379e).

    Source: 42 FR 14360, Mar. 15, 1977, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 131.3   Definitions.

    (a) Cream means the liquid milk product high in fat separated from 
milk, which may have been adjusted by adding thereto: Milk, concentrated 
milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry 
milk. Cream contains not less than 18 percent milkfat.
    (b) Pasteurized when used to describe a dairy product means that 
every particle of such product shall have been heated in properly 
operated equipment to one of the temperatures specified in the table of 
this paragraph and held continuously at or above that temperature for 
the specified time (or other time/temperature relationship which has 
been demonstrated to be equivalent thereto in microbial destruction):

------------------------------------------------------------------------
               Temperature                              Time            
------------------------------------------------------------------------
145 deg.F\1\.............................  30 minutes.                  
161 deg.F\1\.............................  15 seconds.                  
191 deg.F................................  1 second.                    
204 deg.F................................  0.05 second.                 
212 deg.F................................  0.01 second.                 
------------------------------------------------------------------------
\1\If the dairy ingredient has a fat content of 10 percent or more, or  
  if it contains added sweeteners, the specified temperature shall be   
  increased by 5 deg.F.                                                 

    (c) Ultra-pasteurized when used to describe a dairy product means 
that such product shall have been thermally processed at or above 
280 deg.F for at least 2 seconds, either before or after packaging, so 
as to produce a product which has an extended shelf life under 
refrigerated conditions.



Sec. 131.25   Whipped cream products containing flavoring or sweetening.

    The unqualified name ``whipped cream'' should not be applied to any 
product other than one made by whipping the cream that complies with the 
standards of identity for whipping cream (Secs. 131.150 and 131.157 of 
this chapter). If flavoring and/or sweetening is added, the resulting 
product is a flavored and/or sweetened whipped cream, and should be so 
identified.



    Subpart B--Requirements for Specific Standardized Milk and Cream



Sec. 131.110   Milk.

    (a) Description. Milk is the lacteal secretion, practically free 
from colostrum, obtained by the complete milking of one or more healthy 
cows. Milk that is in final package form for beverage use shall have 
been pasteurized

[[Page 269]]

or ultrapasteurized, and shall contain not less than 8\1/4\ percent milk 
solids not fat and not less than 3\1/4\ percent milkfat. Milk may have 
been adjusted by separating part of the milkfat therefrom, or by adding 
thereto cream, concentrated milk, dry whole milk, skim milk, 
concentrated skim milk, or nonfat dry milk. Milk may be homogenized.
    (b) Vitamin addition (Optional). (1) If added, vitamin A shall be 
present in such quantity that each quart of the food contains not less 
than 2000 International Units thereof within limits of good 
manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
quart of the food contains 400 International Units thereof within limits 
of good manufacturing practice.
    (c) Optional ingredients. The following safe and suitable 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Characterizing flavoring ingredients (with or without coloring, 
nutritive sweetener, emulsifiers, and stabilizers) as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavorings.
    (d) Methods of analysis. Referenced methods are from ``Official 
Methods of Analysis of the Association of Official Analytical 
Chemists,'' 13th Ed. (1980), which is incorporated by reference. Copies 
may be obtained from the Association of Official Analytical Chemists, 
2200 Wilson Blvd., Suite 400, Arlington, VA 22201-3301, or may be 
examined at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat, Roese-Gottlieb Method--Official Final 
Action,'' section 16.059.
    (2) Milk solids not fat content--Calculated by subtracting the milk 
fat content from the total solids content as determined by the method 
``Total Solids, Method I--Official Final Action,'' section 16.032.
    (3) Vitamin D content--``Vitamin D--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``milk''. The name of the 
food shall be accompanied on the label by a declaration indicating the 
presence of any characterizing flavoring, as specified in Sec. 101.22 of 
this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half the height of the letters used 
in such name:
    (i) If vitamins are added, the phrase ``vitamin A'' or ``vitamin A 
added'', or ``vitamin D'' or ``vitamin D added'', or ``vitamin A and D'' 
or ``vitamins A and D added'', as is appropriate. The word ``vitamin'' 
may be abbreviated ``vit.''.
    (ii) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11822, Mar. 19, 1982; 
49 FR 10090, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 
6, 1993]



Sec. 131.111  Acidified milk.

    (a) Description. Acidified milk is the food produced by souring one 
or more of the optional dairy ingredients specified in pargaph (c) of 
this section with one or more of the acidifying ingredients specified in 
paragraph (d) of this section, with or without the addition of 
characterizing microbial organisms. One or more of the other optional 
ingredients specified in paragraphs (b) and (e) of this section may also 
be added. When one or more of the ingredients specified in paragraph 
(e)(1) of this section are used, they shall be included in the souring 
process. All ingredients used are safe and suitable. Acidified milk 
contains not less than 3.25 percent milkfat and not less than 8.25 
percent milk solids not fat and has a titratable acidity of not less 
than 0.5 percent, expressed as lactic acid. The food may be homogenized 
and shall be pasteurized or ultra-pasteurized prior to the addition of 
the microbial culture

[[Page 270]]

and, when applicable, the addition of flakes or granules of butterfat or 
milkfat.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Optional acidifying ingredients. Acetic acid, adipic acid, 
citric acid, fumaric acid, glucono-delta-lactone, hydrochloric acid, 
lactic acid, malic acid, phosphoric acid, succinic acid, and tartaric 
acid.
    (e) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present, shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulalting that of 
milkfat or butterfat.
    (5) Stabilizers.
    (6) Butterfat or milkfat, which may or may not contain color 
additives, in the form of flakes or granules.
    (7) Aroma- and flavor-producing microbial culture.
    (8) Salt.
    (9) Citric acid, in a maximum amount of 0.15 percent by weight of 
the milk used, or an equivalent amount of sodium citrate, as a flavor 
precursor.
    (f) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (g) Nomenclature. The name of the food is ``acidified milk''. The 
full name of the food shall appear on the principal display panel of the 
label in type of uniform size, style, and color. The name of the food 
shall be accompanied by a declaration indicating the presence of any 
characterizing flavoring as specified in Sec. 101.22 of this chapter, 
and may be accompanied by a declaration such as a traditional name of 
the food or the generic name of the organisms used, thereby indicating 
the presence of the characterizing microbial organisms or ingredients 
when used, e.g., ``acidified kefir milk'', ``acidified acidophilus 
milk'', or when characterizing ingredients such as those in paragraphs 
(e) (6), (7), (8), and (9) of this section are used, the food may be 
named ``acidified buttermilk''.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less

[[Page 271]]

than one-half of the height of the letters used in such name:
    (i) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit.''.
    (ii) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (h) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9934, Jan. 30, 1981, as amended at 47 FR 11822, Mar. 19, 1982; 47 
FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24892, June 
12, 1989; 58 FR 2890, Jan. 6, 1993]



Sec. 131.112  Cultured milk.

    (a) Description. Cultured milk is the food produced by culturing one 
or more of the optional dairy ingredients specified in paragraph (c) of 
this section with characterizing microbial organisms. One or more of the 
other optional ingredients specified in paragraphs (b) and (d) of this 
section may also be added. When one or more of the ingredients specified 
in paragraph (d)(1) of this section are used, they shall be included in 
the culturing process. All ingredients used are safe and suitable. 
Cultured milk contains not less than 3.25 percent milkfat and not less 
than 8.25 percent milk solids not fat and has a titratable acidity of 
not less than 0.5 percent, expressed as lactic acid. The food may be 
homogenized and shall be pasteurized or ultra-pasteurized prior to the 
addition to the microbial culture, and when applicable, the addition of 
flakes or granules of butterfat or milkfat.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present, shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulating that of 
milkfat or butterfat.
    (5) Stabilizers.
    (6) Butterfat or milkfat, which may or may not contain color 
additives, in the form of flakes or granules.
    (7) Aroma- and flavor-producing microbial culture.
    (8) Salt.
    (9) Citric acid, in a maximum amount of 0.15 percent by weight of 
the milk used, or an equivalent amount of sodium citrate, as a flavor 
precursor.
    (e) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--section 16.059, ``Roese-Gottlieb Method 
(Reference

[[Page 272]]

Method) (11)--Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the methods prescribed in 
section 16.023 ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (f) Nomenclature. The name of the food is ``cultured milk''. The 
full name of the food shall appear on the principal display panel in 
type of uniform size, style, and color. The name of the food shall be 
accompanied by a declaration indicating the presence of any 
characterizing flavoring as specified in Sec. 101.22 of this chapter, 
and may be accompanied by a declaration such as a traditional name of 
the food or the generic name of the organisms used, thereby indicating 
the presence of the characterizing microbial organisms or ingredients, 
e.g., ``kefir cultured milk'', ``acidophilus cultured milk'', or when 
characterizing ingredients such as those in paragraphs (d) (6), (7), 
(8), and (9) of this section, and lactic acid-producing organisms are 
used the food may be named ``cultured buttermilk''.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamin A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit.''.
    (ii) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (g) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9934, Jan. 30, 1981, as amended at 47 FR 11822, Mar. 19, 1982; 47 
FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24892, June 
12, 1989; 58 FR 2890, Jan. 6, 1993]



Sec. 131.115   Concentrated milk.

    (a) Description. Concentrated milk is the liquid food obtained by 
partial removal of water from milk. The milkfat and total milk solids 
contents of the food are not less than 7.5 and 25.5 percent, 
respectively. It is pasteurized, but is not processed by heat so as to 
prevent spoilage. It may be homogenized.
    (b) Vitamin addition (Optional). If added, vitamin D shall be 
present in such quantity that each fluid ounce of the food contains 25 
International Units thereof, within limits of good manufacturing 
practice.
    (c) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Carrier for vitamin D.
    (2) Characterizing flavoring ingredients, with or without coloring, 
as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavoring.
    (d) Methods of analysis. Referenced methods are from ``Official 
Methods of Analysis of the Association of Official Analytical 
Chemists,'' 13th Ed. (1980), which is incorporated by reference. Copies 
may be obtained from the Association of Official Analytical Chemists, 
2200 Wilson Blvd., Suite 400, Arlington, VA 22201-3301, or may be 
examined at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Total milk solids--``Total Solids--Official Final Action,'' 
section 16.169.
    (3) Vitamin D content--``Vitamin D in Milk--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Concentrated milk'' or 
alternatively ``Condensed milk''. If the food contains added vitamin D, 
the phrase ``vitamin D'' or ``vitamin D added'' shall accompany the name 
of the food

[[Page 273]]

wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half the height of the letters used 
in such name. The word ``homogenized'' may appear on the label if the 
food has been homogenized. The name of the food shall include a 
declaration of the presence of any characterizing flavoring, as 
specified in Sec. 101.22 of this chapter.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11822, Mar. 19, 1982; 
48 FR 13024, Mar. 29, 1983; 49 FR 10090, Mar. 19, 1984; 54 FR 24892, 
June 12, 1989; 58 FR 2890, Jan. 6, 1993]



Sec. 131.120  Sweetened condensed milk.

    (a) Description. Sweetened condensed milk is the food obtained by 
partial removal of water only from a mixture of milk and safe and 
suitable nutritive carbohydrate sweeteners. The finished food contains 
not less than 8 percent by weight of milkfat, and not less than 28 
percent by weight of total milk solids. The quantity of nutritive 
carbohydrate sweetener used is sufficient to prevent spoilage. The food 
is pasteurized and may be homogenized.
    (b) Optional ingredients. The following safe and suitable 
characterizing flavoring ingredients, with or without coloring and 
nutritive carbohydrate sweeteners, may be used:
    (1) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (2) Natural and artificial food flavoring.
    (c) Methods of analysis. The milkfat content is determined by the 
method prescribed in ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' 13th Ed. (1980), section 16.185, 
under ``Fat--Official Final Action,'' which is incorporated by 
reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (d) Nomenclature. The name of the food is ``Sweetened condensed 
milk.'' The word ``homogenized'' may appear on the label if the food has 
been homogenized. The name of the food shall include a declaration of 
the presence of any characterizing flavoring, as specified in 
Sec. 101.22 of this chapter.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 21670, May 19, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 49 
FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 
1993]



Sec. 131.122  Sweetened condensed skimmed milk.

    (a) Description. Sweetened condensed skimmed milk is the food 
obtained by the partial removal of water only from a mixture of skim 
milk and safe and suitable nutritive carbohydrate sweeteners. The 
finished food contains not more than 0.5 percent by weight of milkfat 
unless otherwise indicated and not less than 24 percent by weight of 
total milk solids. The quantity of nutritive carbohydrate sweeteners 
used is sufficient to prevent spoilage. The food is pasteurized and may 
be homogenized.
    (b) Optional ingredients. The following safe and suitable 
characterizing flavoring ingredients, with or without coloring, and 
nutritive carbohydrate sweeteners may be used:
    (1) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (2) Natural and artificial food flavoring.
    (c) Methods of analysis. The milkfat content is determined by the 
method prescribed in ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' 13th Ed. (1980), section 16.185, 
under ``Fat--Official Final Action,'' which is incorporated by 
reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (d) Nomenclature. The name of the food is ``Sweetened condensed 
skimmed milk.'' The word ``homogenized'' may appear on the label if the 
food has been homogenized. If the milkfat content is

[[Page 274]]

over 0.5 percent by weight, the name of the food shall be accompanied by 
the statement ``Contains ------------ % milkfat'', the blank to be 
filled in with the fraction ``\1/2\'', or multiple thereof, closest to 
the actual milkfat content of the product. The name of the food shall be 
accompanied by a declaration of the presence of any characterizing 
flavoring, as specified in Sec. 101.22 of ths chapter.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 21670, May 19, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 49 
FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 
1993]



Sec. 131.123  Lowfat dry milk.

    (a) Description. Lowfat dry milk is the product obtained by removal 
of water only from pasteurized lowfat milk, as defined in 
Sec. 131.135(a), which may have been homogenized. Alternatively, lowfat 
dry milk may be obtained by blending fluid, condensed, or dried nonfat 
milk with liquid or dried cream or with fluid, condensed, or dried milk, 
as appropriate, Provided, The resulting lowfat dry milk is equivalent in 
composition to that obtained by the method described in the first 
sentence of this paragraph. It contains not less than 5 percent but less 
than 20 percent by weight of milkfat on an as is basis. It contains not 
more than 5 percent by weight of moisture on a milk solids not fat 
basis. Lowfat dry milk contains added vitamin A as prescribed by 
paragraph (b) of this section.
    (b) Vitamin addition. (1) Vitamin A shall be present in such 
quantity that, when prepared according to label directions, each quart 
of the reconstituted product contains not less than 2,000 International 
Units thereof.
    (2) Addition of vitamin D is optional. If added, vitamin D shall be 
present in such quantity that, when prepared according to label 
directions, each quart of the reconstituted product contains 400 
International Units thereof.
    (3) The requirements of this paragraph will be met if reasonable 
overages, within limits of good manufacturing practice, are present to 
ensure that the required levels of vitamins are maintained throughout 
the expected shelf life of the food under customary conditions of 
distribution.
    (c) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Emulsifiers.
    (3) Stabilizers.
    (4) Anticaking agents.
    (5) Antioxidants.
    (6) Characterizing flavoring ingredients, with or without coloring 
and nutritive carbohydrate sweeteners, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavoring.
    (d) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat in Dried Milk--Official Final Action,'' 
sections 16.199-16.200.
    (2) Moisture content--``Moisture--Official Final Action,'' section 
16.192.
    (3) Vitamin D content--``Vitamin D--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Lowfat dry milk.'' The 
name of the food shall appear on the principal display panel of the 
label in type of uniform size, style, and color. The name of the food 
shall be accompanied by a declaration indicating the presence of any 
characterizing flavoring, as specified in Sec. 101.22 of this chapter. 
The following phrases in type size not less than one-half the height of 
the type size used in such name shall accompany the name of the food 
wherever it appears on the principal display panel or panels:
    (1) The phrase ``Contains -- % milkfat'', the blank to be filled in 
with

[[Page 275]]

the whole number closest to the actual fat content of the food.
    (2) The phrase ``vitamin A'' or ``vitamin A added'', and if vitamin 
D is added, the phrase ``vitamins A and D'' or ``vitamins A and D 
added'', as appropriate. The word ``vitamin'' may be abbreviated 
``vit.''
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 19835, May 9, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 48 
FR 13024, Mar. 29, 1983; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 
12, 1989; 58 FR 2890, Jan. 6, 1993]



Sec. 131.125   Nonfat dry milk.

    (a) Description. Nonfat dry milk is the product obtained by removal 
of water only from pasteurized skim milk. It contains not more than 5 
percent by weight of moisture, and not more than 1\1/2\ percent by 
weight of milkfat unless otherwise indicated.
    (b) Optional ingredients. Safe and suitable characterizing flavoring 
ingredients (with or without coloring and nutritive carbohydrate 
sweetener) as follows:
    (1) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (2) Natural and artificial food flavorings.
    (c) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700 Washington, DC.
    (1) Milkfat content--``Fat in Dried Milk--Official Final Action,'' 
sections 16.199-16.200.
    (2) Moisture content--``Moisture--Official Final Action,'' section 
16.192.
    (d) Nomenclature. The name of the food is ``Nonfat dry milk''. If 
the fat content is over 1\1/2\ percent by weight, the name of the food 
on the principal display panel or panels shall be accompanied by the 
statement ``Contains ----% milkfat'', the blank to be filled in with the 
percentage to the nearest one-tenth of 1 percent of fat contained, 
within limits of good manufacturing practice. The name of the food shall 
include a declaration of the presence of any characterizing flavoring, 
as specified in Sec. 101.22 of this chapter.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 43 FR 19836, May 9, 1978; 47 
FR 11823, Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 
12, 1989; 58 FR 2890, Jan. 6, 1993]



Sec. 131.127   Nonfat dry milk fortified with vitamins A and D.

    (a) Description. Nonfat dry milk fortified with vitamins A and D 
conforms to the standard of identity for nonfat dry milk, except that 
vitamins A and D are added as prescribed by paragraph (b) of this 
section.
    (b) Vitamin addition. (1) Vitamin A is added in such quantity that, 
when prepared according to label directions, each quart of the 
reconstituted product contains 2000 International Units thereof.
    (2) Vitamin D is added in such quantity that, when prepared 
according to label directions, each quart of the reconstituted product 
contains 400 International Units thereof.
    (3) The requirements of this paragraph will be deemed to have been 
met if reasonable overages, within limits of good manufacturing 
practice, are present to ensure that the required levels of vitamins are 
maintained throughout the expected shelf life of the food under 
customary conditions of distribution.
    (c) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Characterizing flavoring ingredients, with or without coloring 
and nutritive carbohydrate sweetener, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavorings.

[[Page 276]]

    (d) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat in Dried Milk--Official Final Action,'' 
sections 16.199-16.200.
    (2) Moisture content--``Moisture--Official Final Action,'' section 
16.192.
    (3) Vitamin D content--``Vitamin D--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Nonfat dry milk 
fortified with vitamins A and D''. If the fat content is over 1\1/2\ 
percent by weight, the name of the food on the principal display panel 
or panels shall be accompanied by the statement ``Contains --% 
milkfat'', the blank to be filled in to the nearest one-tenth of 1 
percent with the percentage of fat contained within limits of good 
manufacturing practice. The name of the food shall include a declaration 
of the presence of any characterizing flavoring, as specified in 
Sec. 101.22 of this chapter.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 43 FR 19836, May 9, 1978; 43 
FR 29769, July 11, 1978; 43 FR 36622, Aug. 18, 1978; 47 FR 11823, Mar. 
19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 
2890, Jan. 6, 1993]



Sec. 131.130   Evaporated milk.

    (a) Description. Evaporated milk is the liquid food obtained by 
partial removal of water only from milk. It contains not less than 6.5 
percent by weight of milkfat, not less than 16.5 percent by weight of 
milk solids not fat, and not less than 23 percent by weight of total 
milk solids. Evaporated milk contains added vitamin D as prescribed by 
paragraph (b) of this section. It is homogenized. It is sealed in a 
container and so processed by heat, either before or after sealing, as 
to prevent spoilage.
    (b) Vitamin addition. (1) Vitamin D shall be present in such 
quantity that each fluid ounce of the food contains 25 International 
Units thereof within limits of good manufacturing practice.
    (2) Addition of vitamin A is optional, If added, vitamin A shall be 
present in such quantity that each fluid ounce of the food contains not 
less than 125 International Units thereof within limits of good 
maufacturing practice.
    (c) Optional ingredients. The following safe and suitable 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Emulsifiers.
    (3) Stabilizers, with or without dioctyl sodium sulfosuccinate (when 
permitted by and complying with the provisions of Sec. 172.810 of this 
chapter) as a solubilizing agent.
    (4) Characterizing flavoring ingredients, with or without coloring 
and nutritive carbohydrate sweeteners, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavoring.
    (d) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Total milk solids--``Total Solids--Official Final Action,'' 
section 16.169.
    (3) Vitamin D content--``Vitamin D in Milk--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Evaporated milk.'' The 
phrase ``vitamin D'' or ``vitamin D added'', or ``vitamins A and D'' or 
``vitamins A and D added'', as is appropriate, shall immediately precede 
or follow the name of the food wherever it appears

[[Page 277]]

on the principal display panel or panels of the label in letters not 
less than one-half the height of the letters used in such name. The name 
of the food shall include a declaration of a the presence of any 
characterizing flavoring, as specified in Sec. 101.22 of this chapter.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 21670, May 19, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 49 
FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 
1993; 59 FR 17691, Apr. 14, 1994]



Sec. 131.132  Evaporated skimmed milk.

    (a) Description. Evaporated skimmed milk is the liquid food obtained 
by the partial removal of water only from skim milk. It contains not 
less than 20 percent by weight of total milk solids, and not more than 
0.5 percent by weight of milkfat unless otherwise indicated. Evaporated 
skimmed milk contains added vitamins A and D as prescribed by paragraph 
(b) of this section. It may be homogenized. It is sealed in a container 
and so processed by heat, either before or after sealing, as to prevent 
spoilage,
    (b) Vitamin addition. (1) Vitamin D shall be present in such 
quantity that each fluid ounce of the food contains 25 International 
Units thereof within limits of good manufacturing practice.
    (2) Vitamin A shall be present in such quantity that each fluid 
ounce of the food contains not less than 125 International Units thereof 
within limits of good manufacturing practice.
    (c) Optional ingredients. The following safe and suitable 
ingredients may be used:
    (1) Carriers for vitamin A and D.
    (2) Emulsifiers.
    (3) Stabilizers, with or without dioctyl sodium sulfosuccinate (when 
permitted by, and complying with provisions of Sec. 172.810 of this 
chapter) as a solubilizing agent.
    (4) Characterizing flavoring ingredients, with or without coloring 
and nutritive carbohydrate sweeteners, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavoring.
    (d) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Total milk solids--``Total Solids--Official Final Action,'' 
section 16.169.
    (3) Vitamin D content--``Vitamin D in Milk--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Evaporated skimmed 
milk.'' The phrase ``vitamins A and D'' or ``vitamins A and D added'', 
shall immediately precede or follow the name of the food wherever it 
appears on the principal display panel or panels of the label in letters 
not less than one-half of the height of the letters used in such name. 
If the milkfat content is over 0.5 percent by weight, the name of the 
food shall be accompanied by the statement, ``Contains ------------ % 
milkfat'', the blank to be filled in with the fraction ``\1/2\'', or 
multiple thereof, closest to the actual milkfat content of the product. 
The name of the food shall be accompanied by a declaration indicating 
the presence of any characterizing flavoring, as specified in 
Sec. 101.22 of this chapter.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 21671, May 19, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 49 
FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 
1993]



Sec. 131.135   Lowfat milk.

    (a) Description. Lowfat milk is milk from which sufficient milkfat 
has been removed to produce a food having, within limits of good 
manufacturing practice, one of the following milkfat

[[Page 278]]

contents: \1/2\, 1, 1\1/2\, or 2 percent. Lowfat milk is pasteurized or 
ultra-pasteurized, contains added vitamin A as prescribed by paragraph 
(b) of this section, and contains not less than 8\1/4\ percent milk 
solids not fat. Lowfat milk may be homogenized.
    (b) Vitamin addition. (1) Vitamin A shall be present in such 
quantity that each quart of the food contains not less than 2000 
International Units thereof within limits of good manufacturing 
practice.
    (2) Addition of vitamin D is optional. If added, vitamin D shall be 
present in such quantity that each quart of the food contains 400 
International Units thereof within limits of good manufacturing 
practice.
    (c) Optional ingredients. The following safe and suitable 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Concentrated skim milk, nonfat dry milk, or other milk derived 
ingredients to increase the nonfat solids content of the food: Provided, 
That the ratio of protein to total nonfat solids of the food, and the 
protein efficiency ratio of all protein present, shall not be decreased 
as a result of adding such ingredients.
    (3) When one or more of the optional milk derived ingredients in 
paragraph (c)(2) of this section are used, emulsifiers, stabilizers, or 
both, in an amount not more than 2 percent by weight of the solids in 
such ingredients.
    (4) Characterizing flavoring ingredients (with or without coloring, 
nutritive sweetener, emulsifiers, and stabilizers) as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavorings.
    (d) Methods of analysis. Referenced methods are from ``Official 
Methods of Analysis of the Association of Official Analytical 
Chemists,'' 13th Ed. (1980), which is incorporated by reference. Copies 
may be obtained from the Association of Official Analytical Chemists, 
2200 Wilson Blvd., Suite 400, Arlington, VA 22201-3301, or may be 
examined at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat, Roese-Gottlieb Method--Official Final 
Action,'' section 16.059.
    (2) Milk solids not fat content (or total nonfat solids content)--
Calculated by subtracting the milkfat content from the total solids 
content as determined by the method ``Total Solids, Method I--Official 
Final Action,'' section 16.032.
    (3) Vitamin D content--``Vitamin D--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Lowfat milk''. The name 
of the food shall appear on the label in type of uniform size, style, 
and color. The name of the food shall be accompanied on the label by a 
declaration indicating the presence of any characterizing flavoring, as 
specified in Sec. 101.22 of this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The phrase ``----% milkfat'', the blank to be filled in with the 
fraction \1/2\, or multiple thereof, to indicate the actual fat content 
of the food.
    (ii) The phrase ``vitamin A'' or ``vitamin A added'', or, if vitamin 
D is added, the phrase ``vitamins A and D added''. The word ``vitamin'' 
may be abbreviated ``vit.''.
    (iii) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.
    (iv) The phrase ``with added milk solids not fat'' if the food 
contains not less than 10 percent milk-derived nonfat solids.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 45 FR 81737, Dec. 12, 1980; 
47 FR 11823, Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24893, 
June 12, 1989; 58 FR 2890, Jan. 6, 1993]

[[Page 279]]



Sec. 131.136  Acidified lowfat milk.

    (a) Description. Acidified lowfat milk is the food produced by 
souring one or more of the optional dairy ingredients specified in 
paragraph (c) of this section with one or more of the acidifying 
ingredients specified in paragraph (d) of this section, with or without 
the addition of characterizing microbial organisms. One or more of the 
other optional ingredients specified in paragraphs (b) and (e) of this 
section may also be added. When one or more of the ingredients specified 
in paragraph (e)(1) of this section are used, they shall be included in 
the souring process. All ingredients used are safe and suitable. 
Acidified lowfat milk contains not less than 0.5 percent nor more than 
2.0 percent milkfat and not less than 8.25 percent milk solids not fat 
and has a titratable acidity of not less than 0.5 percent, expressed as 
lactic acid. The food may be homogenized and shall be pasteurized or 
ultra-pasteurized prior to the addition of the microbial culture and, 
when applicable, the addition of flakes or granules of butterfat or 
milkfat.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Optional acidifying ingredients. Acetic acid, adipic acid, 
citric acid, fumaric acid, glucono-delta-lactone, hydrochloric acid, 
lactic acid, malic acid, phosphoric acid, succinic acid, and tartaric 
acid.
    (e) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present, shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulating that of 
milkfat or butterfat.
    (5) Stabilizers.
    (6) Butterfat or milkfat, which may or may not contain color 
additives, in the form of flakes or granules.
    (7) Aroma- and flavor-producing microbial culture.
    (8) Salt.
    (9) Citric acid, in a maximum amount of 0.15 percent by weight of 
the dairy ingredients used, or an equivalent amount of sodium citrate, 
as a flavor precursor.
    (f) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final

[[Page 280]]

Action,'' or by an equivalent potentiometric method.
    (g) Nomenclature. The name of the food is ``acidified lowfat milk''. 
The full name of the food shall appear on the principal display panel of 
the label in type of uniform size, style, and color. The name of the 
food shall be accompanied by a declaration indicating the presence of 
any characterizing flavoring as specified in Sec. 101.22 of this 
chapter, and may be accompanied by a declaration such as a traditional 
name of the food or the generic name of the organisms used, thereby 
indicating the presence of the characterizing microbial organisms or 
ingredients when used, e.g., ``acidified kefir lowfat milk'', 
``acidified acidophilus lowfat milk'', or when characterizing 
ingredients such as those in paragraphs (e) (6), (7), (8), and (9) of 
this section are used, the food may be named ``acidified lowfat 
buttermilk''.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The phrase ``---- % milkfat'', the blank to be filled in with 
the fraction \1/2\ or multiple thereof closest to the actual fat content 
of the food.
    (ii) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (iii) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit.''.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (h) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9936, Jan. 30, 1981, as amended at 47 FR 11823, Mar. 19, 1982; 47 
FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2890, Jan. 6, 1993]



Sec. 131.138  Cultured lowfat milk.

    (a) Description. Cultured lowfat milk is the food produced by 
culturing one or more of the optional dairy ingredients specified in 
paragraph (c) of this section with characterizing microbial organisms. 
One or more of the other optional ingredients specified in paragraphs 
(b) and (d) of this section may also be added. When one or more of the 
ingredients specified in paragraph (d)(1) of this section are used, they 
shall be included in the culturing process. All ingredients used are 
safe and suitable. Cultured lowfat milk contains not less than 0.5 
percent nor more than 2 percent milkfat and not less than 8.25 percent 
milk solids not fat and has a titratable acidity of not less than 0.5 
percent, expressed as lactic acid. The food may be homogenized and shall 
be pasteurized or ultra-pasteurized prior to the addition of the 
microbial culture and, when applicable, the addition of flakes or 
granules of butterfat or milkfat.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey;

[[Page 281]]

maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulating that of 
milkfat or butterfat.
    (5) Stabilizers.
    (6) Butterfat or milkfat, which may or may not contain color 
additives, in the form of flakes or granules.
    (7) Aroma- and flavor-producing microbial culture.
    (8) Salt.
    (9) Citric acid, in a maximum amount of 0.15 percent by weight of 
the milk used, or an equivalent amount of sodium citrate, as a flavor 
precursor.
    (e) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (f) Nomenclature. The name of the food is ``cultured lowfat milk.'' 
The full name of the food shall appear on the principal display panel of 
the label in type of uniform size, style, and color. The name of the 
food shall be accompanied by a declaration indicating the presence of 
any characterizing flavoring as specified in Sec. 101.22 of this 
chapter, and may be accompanied by a declaration such as a traditional 
name of the food or the generic name of the organisms used, thereby 
indicating the presence of the characterizing microbial organisms or 
ingredients, e.g., ``kefir cultured lowfat milk'', ``acidophilus 
cultured lowfat milk,'' or when characterizing ingredients such as those 
in paragraphs (d) (6), (7), (8), and (9) of this section, and lactic 
acid-producing organisms are used the food may be named ``cultured 
lowfat buttermilk''.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The phrase ``vitamin A'' or ``vitamin A added,'' or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit.''.
    (ii) The phrase ``-- % milkfat'', the blank to be filled in with the 
fraction \1/2\ or multiple thereof closest to the actual fat content of 
the food.
    (iii) The word ``sweetened'' if nutritive carbohydrate sweetner is 
added without the addition of characterizing flavoring.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (g) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9936, Jan. 30, 1981, as amended at 47 FR 11824, Mar. 19, 1982; 47 
FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.143   Skim milk.

    (a) Description. Skim milk is milk from which sufficient milkfat has 
been removed to reduce its milkfat content to less than 0.5 percent. 
Skim milk that is in final package form for beverage use shall have been 
pasteurized or ultra-pasteurized, shall contain added vitamin A as 
prescribed by paragraph (b) of this section, and shall contain not less 
than 8\1/4\ percent milk solids not fat. Skim milk may be homogenized.
    (b) Vitamin addition. (1) Vitamin A shall be present in such 
quantity that

[[Page 282]]

each quart of the food contains not less than 2000 International Units 
thereof within limits of good manufacturing practice.
    (2) Addition of vitamin D is optional. If added, vitamin D shall be 
present in such quantity that each quart of the food contains 400 
International Units thereof within limits of good manufacturing 
practice.
    (c) Optional ingredients. The following safe and suitable 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Concentrated skim milk, nonfat dry milk, or other milk derived 
ingredients to increase the nonfat solids content of the food: Provided, 
That the ratio of protein to total nonfat solids of the food, and the 
protein efficiency ratio of all protein present, shall not be decreased 
as a result of adding such ingredients.
    (3) When one or more of the optional milk derived ingredients in 
paragraph (c)(2) of this section are used, emulsifiers, stabilizers, or 
a combination of both, in an amount not more than 2 percent by weight of 
the solids in such ingredients.
    (4) Characterizing flavoring ingredients (with or without coloring, 
nutritive sweetener, emulsifiers, and stabilizers) as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavoring.
    (d) Methods of analysis. Referenced methods are from ``Official 
Methods of Analysis of the Association of Official Analytical 
Chemists,'' 13th Ed. (1980), which is incorporated by reference. Copies 
may be obtained from the Association of Official Analytical Chemists, 
2200 Wilson Blvd., Suite 400, Arlington, VA 22201-3301, or may be 
examined at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat, Roese-Gottlieb Method--Official Final 
Action,'' section 16.059.
    (2) Milk solids not fat content (or total nonfat solids content)--
Calculated by subtracting the milkfat content from the total solids 
content as determined by the method ``Total Solids, Method I--Official 
Final Action,'' section 16.032.
    (3) Vitamin D content--``Vitamin D--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Skim milk'' or 
alternatively ``Nonfat milk''. The name of the food shall appear on the 
label in type of uniform size, style, and color. The name of the food 
shall be accompanied on the label by a declaration indicating the 
presence of any characterizing flavoring, as specified in Sec. 101.22 of 
this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The phrase ``vitamin A'' or ``vitamin A added'', or, if vitamin 
D is added, the phrase ``vitamins A and D'' or ``vitamins A and D 
added''. The word ``vitamin'' may be abbreviated ``vit.''.
    (ii) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.
    (iii) The phrase ``with added milk solids not fat'' if the food 
contains not less than 10 percent milk-derived nonfat solids.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 45 FR 81737, Dec. 12, 1980. 
Redesignated at 46 FR 9934, Jan. 30, 1981, and amended at 47 FR 11824, 
Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 
58 FR 2891, Jan. 6, 1993]



Sec. 131.144  Acidified skim milk.

    (a) Description. Acidified skim milk is the food produced by souring 
one or more of the optional dairy ingredients specified in paragraph (c) 
of this section with one or more of the acidifying ingredients specified 
in paragraph (d) of this section, with or without the addition of 
characterizing microbial

[[Page 283]]

organisms. One or more of the other opitonal ingredients specified in 
paragraphs (b) and (e) of this section may also be added. When one or 
more of the ingredients specified in paragraph (e)(1) of this section 
are used, they shall be included in the souring process. All ingredients 
used are safe and suitable. Acidified skim milk contains less than 0.5 
percent milkfat and not less than 8.25 percent milk solids not fat and 
has a titratable acidity of not less than 0.5 percent, expressed as 
lactic acid. The food may be homogenized and shall be pasteurized or 
ultra-pasteurized prior to the addition of the microbial culture and 
when applicable, the addition of flakes or granules of butterfat or 
milkfat.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Optional acidifying ingredients. Acetic acid, adipic acid, 
citric acid, fumaric acid, glucono-delta-lactone, hydrochloric acid, 
lactic acid, malic acid, phosphoric acid, succinic acid, and tartaric 
acid.
    (e) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present, shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweetners listed in part 168 of this chapter, 
except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulating that of 
milkfat or butterfat.
    (5) Stabilizers.
    (6) Butterfat or milkfat, which may or may not contain color 
additives, in the form of flakes or granules.
    (7) Aroma- and flavor-producing microbial culture.
    (8) Salt.
    (9) Citric acid, in a maximum amount of 0.15 percent by weight of 
the dairy ingredients used, or an equivalent amount of sodium citrate, 
as a flavor precursor.
    (f) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids conttent as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (g) Nomenclature. The name of the food is ``acidified skim milk'' or 
alternatively, ``acidified nonfat milk''. The full name of the food 
shall appear on the principal display panel of the food in type of 
uniform size, style and color. The name of the food shall be accompanied 
by a declaration indicating the

[[Page 284]]

presence of any characterizing flavoring as specified in Sec. 101.22 of 
this chapter, and may be accompanied by a declaration such as a 
traditional name of the food or the generic name of the organisms used, 
thereby indicating the presence of the characterizing microbial 
organisms or ingredients when used, e.g., ``acidified kefir skim milk'', 
``acidified acidophilus skim milk'', or when characterizing ingredients 
such as those in paragraph (e)(6), (7), (8), and (9) of this section are 
used, the food may be named ``acidified skim milk buttermilk'' or 
alternatively ``acidified nonfat buttermilk''.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit.''.
    (ii) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (h) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9937, Jan. 30, 1981, as amended at 47 FR 11824, Mar. 19, 1982; 47 
FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.146  Cultured skim milk.

    (a) Description. Cultured skim milk is the food produced by 
culturing one or more of the optional dairy ingredients specified in 
paragraph (c) of this section with characterizing microbial organisms. 
One or more of the other optional ingredients specified in paragraphs 
(b) and (d) of this section may also be added. When one or more of the 
ingredients specified in paragraph (d)(1) of this section are used, they 
shall be included in the culturing process. All ingredients used are 
safe and suitable. Cultured skim milk contains less than 0.5 percent 
milkfat and not less than 8.25 percent milk solids not fat and has a 
titratable acidity of not less than 0.5 percent, expressed as lactic 
acid. The food may be homogenized and shall be pasterurized or ultra-
pasterurized prior to the addition of the microbial culture and, when 
applicable, the addition of flakes or granules of butterfat or milkfat.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulating that of 
milkfat or butterfat.
    (5) Stabilizers.
    (6) Butterfat or milkfat, which may or may not contain color 
additives, in the form of flakes or granules.
    (7) Aroma- and flavor-producing microbial culture.

[[Page 285]]

    (8) Salt.
    (9) Citric acid, in a maximum amount of 0.15 percent by weight of 
the milk used, or an equivalent amount of sodium citrate, as a flavor 
precursor.
    (e) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (f) Nomenclature. The name of the food is ``cultured skim milk'' or 
alternatively, ``cultured nonfat milk''. The full name of the food shall 
appear on the principal display panel of the label in type of uniform 
size, style and color. The name of the food shall be accompanied by a 
declaration indicating the presence of any characterizing flavoring as 
specified in Sec. 101.22 of this chapter, and may be accompanied by a 
declaration such as a traditional name of the food or the generic name 
of the organisms used, thereby indicating the presence of the 
characterizing microbial organisms or ingredients, e.g., ``kefir 
cultured nonfat milk'', ``acidophilus cultured nonfat milk'', or when 
characterizing ingredients such as those in paragraph (d) (6), (7), (8), 
and (9) of this section, and lactic acid-producing organisms are used 
the food may be named ``cultured skim milk buttermilk'' or alternatively 
``cultured nonfat buttermilk''.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name.
    (i) The phrase ``vitamin A'' or ``vitamin A added'' or ``vitamin D'' 
or ``vitamin D added'', or ``vitamins A and D added'', as appropriate. 
The word ``vitamin'' may be abbreviated ``vit.''.
    (ii) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (g) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9937, Jan. 30, 1981, as amended at 47 FR 11824, Mar. 19, 1982; 47 
FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.147  Dry whole milk.

    (a) Description. Dry whole milk is the product obtained by removal 
of water only from pasteurized milk, as defined in Sec. 131.110(a), 
which may have been homogenized. Alternatively, dry whole milk may be 
obtained by blending fluid, condensed, or dried nonfat milk with liquid 
or dried cream or with fluid, condensed, or dried milk, as appropriate, 
provided the resulting dry whole milk is equivalent in composition to 
that obtained by the method described in the first sentence of this 
paragraph. It contains the lactose, milk proteins, milkfat, and milk 
minerals in the same relative proportions as the milk from which it was 
made. It contains not less than 26 percent but less than 40 percent by 
weight of milkfat on an as is basis. It contains not more than 5 percent 
by weight of moisture on a milk solids not fat basis.
    (b) Vitamin addition. (1) Addition of vitamin A is optional. If 
added, vitamin A shall be present in such quantity that, when prepared 
according to label directions, each quart of the reconstituted product 
shall contain not

[[Page 286]]

less than 2,000 International Units thereof.
    (2) Addition of vitamin D is optional. If added, vitamin D shall be 
present in such quantity that, when prepared according to label 
directions, each quart of the reconstituted product shall contain 400 
International Units thereof.
    (3) The requirements of this paragraph will be met if reasonable 
overages, within limits of good manufacturing practice, are present to 
ensure that the required levels of vitamins are maintained throughout 
the expected shelf life of the food under customary conditions of 
distribution.
    (c) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Carriers for vitamins A and D.
    (2) Emulsifiers.
    (3) Stabilizers.
    (4) Anticaking agents.
    (5) Antioxidants.
    (6) Characterizing flavoring ingredients (with or without coloring 
and nutritive carbohydrate sweetener) as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavoring.
    (d) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat in Dried Milk--Official Final Action,'' 
sections 16.199-16.200.
    (2) Moisture content--``Moisture--Official Final Action,'' section 
16.192.
    (3) Vitamin D content--``Vitamin D--Official Final Action,'' 
sections 43.195-43.208.
    (e) Nomenclature. The name of the food is ``Dry whole milk.'' The 
name of the food shall appear on the principal display panel of the 
label in type of uniform size, style, and color. The name of the food 
shall be accompanied by a declaration indicating the presence of any 
characterizing flavoring as specified in Sec. 101.22 of this chapter. 
The following phrases in type size not less than one-half the height of 
the type size used in such name shall accompany the name of the food 
wherever it appears on the principal display panel or panels.
    (1) The phrase ``Contains -- % milkfat'', the blank to be filled in 
with the whole number closest to the actual fat content of the food.
    (2) If vitamins are ``added'', the phrase ``vitamin A'', or 
``vitamin A added'', or ``vitamin D'', or ``vitamin D added'', or 
``vitamins A and D'', or ``vitamins A and D added'', as appropriate. The 
word ``vitamin'' may be abbreviated ``vit.''
    (f) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 19836, May 9, 1978, as amended at 47 FR 11824, Mar. 19, 1982; 49 
FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 
1993]



Sec. 131.149   Dry cream.

    (a) Description. Dry cream is the product obtained by removal of 
water only from pasteurized milk or cream or a mixture thereof, which 
may have been homogenized. Alternatively, dry cream may be obtained by 
blending dry milks as defined in Secs. 131.123(a), 131.125(a), and 
131.147(a) with dry cream as appropriate: Provided, That the resulting 
product is equivalent in composition to that obtained by the method 
described in the first sentence of this paragraph. It contains not less 
than 40 percent but less than 75 percent by weight of milkfat on an as 
is basis. It contains not more than 5 percent by weight of moisture on a 
milk solids not fat basis.
    (b) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Emulsifiers.
    (2) Stabilizers.
    (3) Anticaking agents.
    (4) Antioxidants.
    (5) Nutritive carbohydrate sweeteners.

[[Page 287]]

    (6) Characterizing flavoring ingredients, with or without coloring, 
as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Natural and artificial food flavoring.
    (c) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies may be obtained from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or may be examined at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--``Fat in Dried Milk--Official Final Action,'' 
sections 16.199-16.200.
    (2) Moisture content--``Moisture--Official Final Action,'' section 
16.192.
    (d) Nomenclature. The name of the food is ``Dry cream.'' The name of 
the food shall appear on the principal display panel of the label in 
type of uniform size, style, and color. The name of the food shall be 
accompanied by a declaration indicating the presence of any 
characterizing flavoring as specified in Sec. 101.22 of this chapter. 
The following terms shall accompany the name of the food wherever it 
appears on the principal display panel or panels of the label, in 
letters not less than one-half of the height of the letters used in such 
name:
    (1) The phrase ``Contains -- % milkfat'', the blank to be filled in 
with the whole number closest to the actual fat content of the food.
    (2) The word ``sweetened'' if no characterizing flavoring 
ingredients are used but nutritive carbohydrate sweetener is added.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[43 FR 19836, May 9, 1978, as amended at 44 FR 3965, Jan. 19, 1979; 47 
FR 11824, Mar. 19, 1982; 48 FR 13024, Mar. 29, 1983; 49 FR 10092, Mar. 
19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.150   Heavy cream.

    (a) Description. Heavy cream is cream which contains not less than 
36 percent milkfat. It is pasteurized or ultra-pasteurized, and may be 
homogenized.
    (b) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Emulsifiers.
    (2) Stabilizers.
    (3) Nutritive sweeteners.
    (4) Characterizing flavoring ingredients (with or without coloring) 
as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavoring.
    (c) Methods of analysis. The milkfat content is determined by the 
method prescribed in ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' 13th Ed. (1980), sections 16.156 and 
16.059, under ``Fat, Roese-Gottlieb Method--Official Final Action,'' 
which is incorporated by reference. Copies may be obtained from the 
Association of Official Analytical Chemists, 2200 Wilson Blvd., Suite 
400, Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (d) Nomenclature. (1) The name of the food is ``Heavy cream'' or 
alternatively ``Heavy whipping cream''. The name of the food shall be 
accompanied on the label by a declaration indicating the presence of any 
characterizing flavoring, as specified in Sec. 101.22 of this chapter. 
The following terms shall accompany the name of the food wherever it 
appears on the principal display panel or panels of the label in letters 
not less than one-half the height of the letters used in such name:
    (i) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.
    (ii) The word ``sweetened'' if no characterizing flavoring 
ingredients are used, but nutritive sweetener is added.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (e) Label declaration. Each of the ingredients used in the food 
shall be

[[Page 288]]

declared on the label as required by the applicable sections of parts 
101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 
49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.155   Light cream.

    (a) Description. Light cream is cream which contains not less than 
18 percent but less than 30 percent milkfat. It is pasteurized or ultra-
pasteurized, and may be homogenized.
    (b) Optional ingredients. The following safe and suitable 
ingredients may be used:
    (1) Stabilizers.
    (2) Emulsifiers.
    (3) Nutritive sweeteners.
    (4) Characterizing flavoring ingredients (with or without coloring) 
as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavoring.
    (c) Methods of analysis. The milkfat content is determined by the 
method prescribed in ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' 13th Ed. (1980), sections 16.156 and 
16.059, under ``Fat, Roese-Gottlieb Method--Official Final Action,'' 
which is incorporated by reference. Copies may be obtained from the 
Association of Official Analytical Chemists, 2200 Wilson Blvd., Suite 
400, Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (d) Nomenclature. The name of the food is ``Light cream'', or 
alternatively ``Coffee cream'' or ``Table cream''. The name of the food 
shall be accompanied on the label by a declaration indicating the 
presence of any characterizing flavoring, as specified in Sec. 101.22 of 
this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half the height of the letters used 
in such name:
    (i) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.
    (ii) The word ``sweetened'' if no characterizing flavoring 
ingredients are used, but nutritive sweetener is added.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 
49 FR 10092, Mar. 1, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.157   Light whipping cream.

    (a) Description. Light whipping cream is cream which contains not 
less than 30 percent but less than 36 percent milkfat. It is pasteurized 
or ultra-pasteurized, and may be homogenized.
    (b) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Emulsifiers.
    (2) Stabilizers.
    (3) Nutritive sweeteners.
    (4) Characterizing flavoring ingredients (with or without coloring) 
as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavoring.
    (c) Methods of analysis. The milkfat content is determined by the 
method prescribed in ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' 13th Ed. (1980), sections 16.156 and 
16.059, under ``Fat, Roese-Gottlieb Method--Official Final Action,'' 
which is incorporated by reference. Copies may be obtained from the 
Association of Official Analytical Chemists, 2200 Wilson Blvd., Suite 
400, Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (d) Nomenclature. The name of the food is ``Light whipping cream'' 
or alternatively ``Whipping cream''. The name of the food shall be 
accompanied on the label by a declaration indicating the presence of any 
characterizing

[[Page 289]]

flavoring, as specified in Sec. 101.22 of this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half the height of the letters used 
in such name:
    (i) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.
    (ii) The word ``sweetened'' if no characterizing flavoring 
ingredients are used, but nutritive sweetener is added.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 
49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.160   Sour cream.

    (a) Description. Sour cream results from the souring, by lactic acid 
producing bacteria, of pasteurized cream. Sour cream contains not less 
than 18 percent milkfat; except that when the food is characterized by 
the addition of nutritive sweeteners or bulky flavoring ingredients, the 
weight of the milkfat is not less than 18 percent of the remainder 
obtained by subtracting the weight of such optional ingredients from the 
weight of the food; but in no case does the food contain less than 14.4 
percent milkfat. Sour cream has a titratable acidity of not less than 
0.5 percent, calculated as lactic acid.
    (b) Optional ingredients. (1) Safe and suitable ingredients that 
improve texture, prevent syneresis, or extend the shelf life of the 
product.
    (2) Sodium citrate in an amount not more than 0.1 percent may be 
added prior to culturing as a flavor precursor.
    (3) Rennet.
    (4) Safe and suitable nutritive sweeteners.
    (5) Salt.
    (6) Flavoring ingredients, with or without safe and suitable 
coloring, as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Safe and suitable natural and artificial food flavoring.
    (c) Methods of analysis. Referenced methods in paragraph (c) (1) and 
(2) of this section are from ``Official Methods of Analysis of the 
Association of Official Analytical Chemists,'' 13th Ed. (1980), which is 
incorporated by reference. Copies may be obtained from the Association 
of Official Analytical Chemists, 2200 Wilson Blvd., Suite 400, 
Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Titratable acidity--``Acidity--Official Final Action,'' section 
16.023.
    (d) Nomenclature. The name of the food is ``Sour cream'' or 
alternatively ``Cultured sour cream''. The full name of the food shall 
appear on the principal display panel of the label in type of uniform 
size, style, and color. The name of the food shall be accompanied by a 
declaration indicating the presence of any flavoring that characterizes 
the product, as specified in Sec. 101.22 of this chapter. If nutritive 
sweetener in an amount sufficient to characterize the food is added 
without addition of characterizing flavoring, the name of the food shall 
be preceded by the word ``sweetened''.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 
49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.162   Acidified sour cream.

    (a) Description. Acidified sour cream results from the souring of 
pasteurized cream with safe and suitable acidifiers, with or without 
addition of lactic acid producing bacteria. Acidified sour cream 
contains not less than 18 percent milkfat; except that when the food is 
characterized by the addition of

[[Page 290]]

nutritive sweeteners or bulky flavoring ingredients, the weight of 
milkfat is not less than 18 percent of the remainder obtained by 
subtracting the weight of such optional ingredients from the weight of 
the food; but in no case does the food contain less than 14.4 percent 
milkfat. Acidified sour cream has a titratable acidity of not less than 
0.5 percent, calculated as lactic acid.
    (b) Optional ingredients. (1) Safe and suitable ingredients that 
improve texture, prevent syneresis, or extend the shelf life of the 
product.
    (2) Rennet.
    (3) Safe and suitable nutritive sweeteners.
    (4) Salt.
    (5) Flavoring ingredients, with or without safe and suitable 
coloring, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Safe and suitable natural and artificial food flavoring.
    (c) Methods of analysis. Referenced methods in paragraphs (c) (1) 
and (2) of this section are from ``Official Methods of Analysis of the 
Association of Official Analytical Chemists,'' 13th Ed. (1980), which is 
incorporated by reference. Copies may be obtained from the Association 
of Official Analytical Chemists, 2200 Wilson Blvd., Suite 400, 
Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Titratable acidity--``Acidity--Official Final Action,'' section 
16.023.
    (d) Nomenclature. The name of the food is ``Acidified sour cream''. 
The full name of the food shall appear on the principal display panel of 
the label in type of uniform size, style, and color. The name of the 
food shall be accompanied by a declaration indicating the presence of 
any flavoring that characterizes the product, as specified in 
Sec. 101.22 of this chapter. If nutritive sweetener in an amount 
sufficient to characterize the food is added without addition of 
characterizing flavoring, the name of the food shall be preceded by the 
word ``sweetened''.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11825, Mar. 19, 1982; 
49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.170  Eggnog.

    (a) Description. Eggnog is the food containing one or more of the 
optional dairy ingredients specified in paragraph (b), one or more of 
the optional egg yolk-containing ingredients specified in paragraph (c) 
of this section, and one or more of the optional nutritive carbohydrate 
sweeteners specified in paragraph (d) of this section. One or more of 
the optional ingredients specified in paragraph (e) of this section may 
also be added. All ingredients used are safe and suitable. Eggnog 
contains not less than 6 percent milkfat and not less than 8.25 percent 
milk solids not fat. The egg yolk solids content is not less than 1 
percent by weight of the finished food. The food shall be pasteurized or 
ultra-pasteurized and may be homogenized. Flavoring ingredients and 
color additives may be added after the food is pasteurized or ultra-
pasteurized.
    (b) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (c) Egg yolk-containing ingredients. Liquid egg yolk, frozen egg 
yolk, dried egg yolk, liquid whole eggs, frozen whole eggs, dried whole 
eggs, or any one or more of the foregoing ingredients with liquid egg 
white or frozen egg white.
    (d) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (e) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete

[[Page 291]]

removal of lactose and/or minerals, to increase the nonfat solids 
content of the food: Provided, That the ratio of protein to total nonfat 
solids of the food, and the protein efficiency ratio of all protein 
present shall not be decreased as a result of adding such ingredients.
    (2) Salt.
    (3) Flavoring ingredients.
    (4) Color additives that do not impart a color simulating that of 
egg yolk, milkfat, or butterfat.
    (5) Stabilizers.
    (f) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (g) Nomenclature. The name of the food is ``eggnog''. The name of 
the food shall be accompanied by a declaration indicating the presence 
of any characterizing flavoring as specified in Sec. 101.22 of this 
chapter. If the food is ultra-pasteurized, the phrase ``ultra-
pasteurized'' shall accompany the name of the food wherever it appears 
on the label in letters not less than one-half of the height of the 
letters used in the name. The following terms may accompany the name of 
the food on the label:
    (1) The word ``pasteurized'' if the food has been pasteurized.
    (2) The word ``homogenized'' if the food has been homogenized.
    (h) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9938, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 
FR 41524, Sept. 21, 1982; 47 FR 49638, Nov. 2, 1982; 48 FR 24869, June 
3, 1983; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.180   Half-and-half.

    (a) Description. Half-and-half is the food consisting of a mixture 
of milk and cream which contains not less than 10.5 percent but less 
than 18 percent milkfat. It is pasteurized or ultra-pasteurized, and may 
be homogenized.
    (b) Optional ingredients. The following safe and suitable optional 
ingredients may be used:
    (1) Emulsifiers.
    (2) Stabilizers.
    (3) Nutritive sweeteners.
    (4) Characterizing flavoring ingredients (with or without coloring) 
as follows:
    (i) Fruit and fruit juice (including concentrated fruit and fruit 
juice).
    (ii) Natural and artificial food flavoring.
    (c) Methods of analysis. The milkfat content is determined by the 
method prescribed in ``Official Methods of Analysis of the Association 
of Official Analytical Chemists,'' 13th Ed. (1980), in sections 16.156 
and 16.059, under ``Fat, Roese-Gottlieb Method--Official Final Action,'' 
which is incorporated by reference. Copies may be obtained from the 
Association of Official Analytical Chemists, 2200 Wilson Blvd., Suite 
400, Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (d) Nomenclature. The name of the food is ``Half-and-half''. The 
name of the food shall be accompanied on the label by a declaration 
indicating the presence of any characterizing flavoring, as specified in 
Sec. 101.22 of this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half the height of the letters used 
in such name:
    (i) The word ``ultra-pasteurized'' if the food has been ultra-
pasteurized.

[[Page 292]]

    (ii) The word ``sweetened'' if no characterizing flavor ingredients 
are used, but nutritive sweetener is added.
    (2) The following terms may appear on the label:
    (i) The word ``pasteurized'' if the food has been pasteurized.
    (ii) The word ``homogenized'' if the food has been homogenized.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11825, Mar. 19, 1982; 
49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.185   Sour half-and-half.

    (a) Description. Sour half-and-half results from the souring, by 
lactic acid producing bacteria, of pasteurized half-and-half. Sour half-
and-half contains not less than 10.5 percent but less than 18 percent 
milkfat; except that when the food is characterized by the addition of 
nutritive sweeteners or bulky flavoring ingredients, the weight of 
milkfat is not less than 10.5 percent of the remainder obtained by 
subtracting the weight of such optional ingredients from the weight of 
the food; but in no case does the food contain less than 8.4 percent 
milkfat. Sour half-and-half has a titratable acidity of not less than 
0.5 percent, calculated as lactic acid.
    (b) Optional ingredients. (1) Safe and suitable ingredients that 
improve texture, prevent syneresis, or extend the shelf life of the 
product.
    (2) Sodium citrate in an amount not more than 0.1 percent may be 
added prior to culturing as a flavor precursor.
    (3) Rennet.
    (4) Safe and suitable nutritive sweeteners.
    (5) Salt.
    (6) Flavoring ingredients, with or without safe and suitable 
coloring, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Safe and suitable natural and artificial food flavoring.
    (c) Methods of analysis. Referenced methods in paragraph (c) (1) and 
(2) of this section are from ``Official Methods of Analysis of the 
Association of Official Analytical Chemists,'' 13th Ed. (1980), which is 
incorporated by reference. Copies may be obtained from the Association 
of Official Analytical Chemists, 2200 Wilson Blvd., Suite 400, 
Arlington, VA 22201-3301, or may be examined at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Titratable acidity--``Acidity--Official Final Action,'' section 
16.023.
    (d) Nomenclature. The name of the food is ``Sour half-and-half'' or 
alternatively ``Cultured sour half-and-half''. The full name of the food 
shall appear on the principal display panel of the label in type of 
uniform size, style, and color. The name of the food shall be 
accompanied by a declaration indicating the presence of any flavoring 
that characterizes the product, as specified in Sec. 101.22 of this 
chapter. If nutritive sweetener in an amount sufficient to characterize 
the food is added without addition of characterizing flavoring, the name 
of the food shall be preceded by the word ``sweetened''.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11825, Mar. 19, 1982; 
49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.187   Acidified sour half-and-half.

    (a) Description. Acidified sour half-and-half results from the 
souring of pasteurized half-and-half with safe and suitable acidifiers, 
and with or without addition of lactic acid producing bacteria. 
Acidified sour half-and-half contains not less than 10.5 percent but 
less than 18 percent milkfat; except that when the food is characterized 
by the addition of nutritive sweeteners or bulky flavoring ingredients, 
the weight of milkfat is not less than 10.5 percent of the remainder 
obtained by subtracting the weight of such optional ingredients from the 
weight of the food; but in no case does the food contain less than 8.4 
percent milkfat. Acidified sour half-and-half has a titratable acidity 
of not

[[Page 293]]

less than 0.5 percent, calculated as lactic acid.
    (b) Optional ingredients. (1) Safe and suitable ingredients to 
improve texture, prevent syneresis, or extend the shelf life of the 
product.
    (2) Rennet.
    (3) Safe and suitable nutritive sweeteners.
    (4) Salt.
    (5) Flavoring ingredients, with or without safe and suitable 
coloring, as follows:
    (i) Fruit and fruit juice, including concentrated fruit and fruit 
juice.
    (ii) Safe and suitable natural and artificial food flavoring.
    (c) Methods of analysis. Referenced methods in paragraph (c) (1) and 
(2) of this section are from ``Official Methods of Analysis of the 
Association of Official Analytical Chemists,'' 13th Ed. (1980), which is 
incorporated by reference. Copies may be obtained from the Association 
of Official Analytical Chemists, 2200 Wilson Blvd., Suite 400, 
Arlington, VA 22201-3301, Washington, DC 20044, or may be examined at 
the Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (1) Milkfat content--``Fat--Official Final Action,'' section 16.172.
    (2) Titratable acidity--``Acidity--Official Final Action,'' section 
16.023.
    (d) Nomenclature. The name of the food is ``Acidified sour half-and-
half''. The full name of the food shall appear on the principal display 
panel of the label in type of uniform size, style, and color. The name 
of the food shall be accompanied by a declaration indicating the 
presence of any flavoring that characterizes the product, as specified 
in Sec. 101.22 of this chapter. If nutritive sweetener in an amount 
sufficient to characterize the food is added without addition of 
characterizing flavoring, the name of the food shall be preceded by the 
word ``sweetened''.
    (e) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11825, Mar. 19, 1982; 
49 FR 10093, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 
6, 1993]



Sec. 131.200  Yogurt.

    (a) Description. Yogurt is the food produced by culturing one or 
more of the optional dairy ingredients specified in paragraph (c) of 
this section with a characterizing bacterial culture that contains the 
lactic acid-producing bacteria, Lactobacillus bulgaricus and 
Streptococcus thermophilus. One or more of the other optional 
ingredients specified in paragraphs (b) and (d) of this section may also 
be added. When one or more of the ingredients specified in paragraph 
(d)(1) of this section are used, they shall be included in the culturing 
process. All ingredients used are safe and suitable. Yogurt, before the 
addition of bulky flavors, contains not less than 3.25 percent milkfat 
and not less than 8.25 percent milk solids not fat, and has a titratable 
acidity of not less than 0.9 percent, expressed as lactic acid. The food 
may be homogenized and shall be pasteurized or ultra-pasteurized prior 
to the addition of the bacterial culture. Flavoring ingredients may be 
added after pasteurization or ultra-pasteurization. To extend the shelf 
life of the food, yogurt may be heat treated after culturing is 
completed, to destroy viable microorganisms.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of current good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of current good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all

[[Page 294]]

protein present shall not be decreased as a result of adding such 
ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives.
    (5) Stabilizers.
    (e) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059 ``Roese-Gottlieb Method (Reference Method) (11)--Official 
Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (f) Nomenclature. The name of the food is ``yogurt''. The name of 
the food shall be accompanied by a declaration indicating the presence 
of any characterizing flavoring as specified in Sec. 101.22 of this 
chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavor.
    (ii) The parenthetical phrase ``(heat-treated after culturing)'' 
shall follow the name of the food if the dairy ingredients have been 
heat-treated after culturing.
    (iii) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit''.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (g) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9939, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 
FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.203  Lowfat yogurt.

    (a) Description. Lowfat yogurt is the food produced by culturing one 
or more of the optional dairy ingredients specified in paragraph (c) of 
this section with a characterizing bacterial culture that contains the 
lactic acid-producing bacteria, Lactobacillus bulgaricus and 
Streptococcus thermophilus. One or more of the other optional 
ingredients specified in paragraphs (b) and (d) of this section may also 
be added. When one or more of the ingredients specified in paragraph 
(d)(1) of this section are used, they shall be included in the culturing 
process. All ingredients used are safe and suitable. Lowfat yogurt, 
before the addition of bulky flavors, contains not less than 0.5 percent 
nor more than 2 percent milkfat and not less than 8.25 percent milk 
solids not fat, and has a titratable acidity of not less than 0.9 
percent, expressed as lactic acid. The food may be homogenized and shall 
be pasteurized or ultra-pasteurized prior to the addition of the 
bacterial culture. Flavoring ingredients may be added after 
pasteurization or ultra-pasteurization. To extend the shelf life of the 
food, lowfat yogurt may be heat treated after culturing is

[[Page 295]]

completed, to destroy viable microorganisms.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of current good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of current good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose, maltose sirup, dried maltose sirup; 
malt extract, dried malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives.
    (5) Stabilizers.
    (e) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059 ``Roese-Gottlieb Method (Reference Method) (11)--Official 
Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (f) Nomenclature. The name of the food is ``lowfat yogurt''. The 
full name of the food shall appear on the principal display panel of the 
label in type of uniform size, style, and color. The name of the food 
shall be accompanied by a declaration indicating the presence of any 
characterizing flavoring as specified in Sec. 101.22 of this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name.
    (i) The phrase ``-- % milkfat'', the blank to be filled in with the 
fraction \1/2\ or multiple thereof closest to the actual fat content of 
the food.
    (ii) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (iii) The parenthetical phrase ``(heat-treated after culturing)'' 
shall follow the name of the food if the dairy ingredients have been 
heat-treated after culturing.
    (iv) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit''.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (g) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the

[[Page 296]]

applicable sections of parts 101 and 130 of this chapter.

[46 FR 9939, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 
FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2891, Jan. 6, 1993]



Sec. 131.206  Nonfat yogurt.

    (a) Description. Nonfat yogurt is the food produced by culturing one 
or more of the optional dairy ingredients specified in paragraph (c) of 
this section with a characterizing bacterial culture that contains the 
lactic acid-producing bacteria, Lactobacillus bulgaricus and 
Streptococcus thermophilus. One or more of the other optional 
ingredients specified in paragraphs (b) and (d) of this section may also 
be added. When one or more of the ingredients specified in paragraph 
(d)(1) of this section are used, they shall be included in the culturing 
process. All ingredients used are safe and suitable. Nonfat yogurt, 
before the addition of bulky flavors, contains less than 0.5 percent 
milkfat and not less than 8.25 percent milk solids not fat, and has a 
titratable acidity of not less than 0.9 percent, expressed as lactic 
acid. The food may be homogenized and shall be pasteurized or ultra-
pasteurized prior to the addition of the bacterial culture. Flavoring 
ingredients may be added after pasteurization or ultra-pasteurization. 
To extend the shelf life of the food, nonfat yogurt may be heat treated 
after culturing is completed, to destroy viable microorganisms.
    (b) Vitamin addition (optional). (1) If added, vitamin A shall be 
present in such quantity that each 946 milliliters (quart) of the food 
contains not less than 2,000 International Units thereof, within limits 
of good manufacturing practice.
    (2) If added, vitamin D shall be present in such quantity that each 
946 milliliters (quart) of the food contains 400 International Units 
thereof, within limits of good manufacturing practice.
    (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, 
or skim milk, used alone or in combination.
    (d) Other optional ingredients. (1) Concentrated skim milk, nonfat 
dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or 
whey modified by partial or complete removal of lactose and/or minerals, 
to increase the nonfat solids content of the food: Provided, That the 
ratio of protein to total nonfat solids of the food, and the protein 
efficiency ratio of all protein present shall not be decreased as a 
result of adding such ingredients.
    (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or 
cane; invert sugar (in paste or sirup form); brown sugar; refiner's 
sirup; molasses (other than blackstrap); high fructose corn sirup; 
fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; 
malt extract, dired malt extract; malt sirup, dried malt sirup; honey; 
maple sugar; or any of the sweeteners listed in part 168 of this 
chapter, except table sirup.
    (3) Flavoring ingredients.
    (4) Color additives.
    (5) Stabilizers.
    (e) Methods of analysis. The following referenced methods of 
analysis are from ``Official Methods of Analysis of the Association of 
Official Analytical Chemists,'' 13th Ed. (1980), which is incorporated 
by reference. Copies are available from the Association of Official 
Analytical Chemists, 2200 Wilson Blvd., Suite 400, Arlington, VA 22201-
3301, or available for inspection at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (1) Milkfat content--As determined by the method prescribed in 
section 16.059, ``Roese-Gottlieb Method (Reference Method) (11)--
Official Final Action,'' under the heading ``Fat.''
    (2) Milk solids not fat content--Calculated by subtracting the 
milkfat content from the total solids content as determined by the 
method prescribed in section 16.032, ``Method I--Official Final 
Action,'' under the heading ``Total Solids.''
    (3) Titratable acidity--As determined by the method prescribed in 
section 16.023, ``Acidity (2)--Official Final Action,'' or by an 
equivalent potentiometric method.
    (f) Nomenclature. The name of the food is ``nonfat yogurt''. The 
full name of the food shall appear on the principal display panel of the 
label in type of uniform size, style, and color. The name of the food 
shall be accompanied by a declaration indicating the

[[Page 297]]

presence of any characterizing flavoring as specified in Sec. 101.22 of 
this chapter.
    (1) The following terms shall accompany the name of the food 
wherever it appears on the principal display panel or panels of the 
label in letters not less than one-half of the height of the letters 
used in such name:
    (i) The word ``sweetened'' if nutritive carbohydrate sweetener is 
added without the addition of characterizing flavoring.
    (ii) The parenthetical phrase ``(heat-treated after culturing)'' 
shall follow the name of the food if the dairy ingredients have been 
heat-treated after culturing.
    (iii) The phrase ``vitamin A'' or ``vitamin A added'', or ``vitamin 
D'' or ``vitamin D added'', or ``vitamins A and D added'', as 
appropriate. The word ``vitamin'' may be abbreviated ``vit''.
    (2) The term ``homogenized'' may appear on the label if the dairy 
ingredients used are homogenized.
    (g) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.

[46 FR 9940, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 
FR 41524, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 
12, 1989; 58 FR 2891, Jan. 6, 1993]