[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30869]


[[Page Unknown]]

[Federal Register: December 15, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 135

[Docket No. 88P-0251]

 

Frozen Desserts: Removal of Standards of Identity for Ice Milk 
and Goat's Milk Ice Milk; Amendment of Standards of Identity for Ice 
Cream and Frozen Custard and Goat's Milk Ice Cream; Confirmation of 
Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; confirmation of effective date.

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SUMMARY: The Food and Drug Administration (FDA) is confirming the 
effective date of September 14, 1995, for compliance with the final 
rule that appeared in the Federal Register of September 14, 1994 (59 FR 
47072), that amended the frozen desserts standards of identity. Among 
other things, the amendments removed the standard of identity for ice 
milk and amended the standard of identity for ice cream and frozen 
custard to provide for the use, in these foods, of safe and suitable 
sweeteners; skim milk that may be concentrated, and from which part or 
all of the lactose has been removed by a safe and suitable procedure; 
and hydrolyzed milk proteins as stabilizers. This rule also removed the 
standard of identity for goat's milk ice milk and made comparable 
changes in the standard of identity for goat's milk ice cream, which 
cross-references the standard of identity for ice cream and frozen 
custard. The rule also required that all sweeteners other than 
nutritive carbohydrate sweeteners used in ice cream and frozen custards 
be declared as part of the name of the food until September 14, 1998.

DATES: Effective September 14, 1995, for all products initially 
introduced or initially delivered for introduction into interstate 
commerce on or after this date. Compliance with this rule may have 
begun on September 14, 1994. All sweeteners other than nutritive 
carbohydrate sweeteners used in ice cream and frozen custard products 
must be declared as part of the name of the food until September 14, 
1998.

FOR FURTHER INFORMATION CONTACT: Nannie H. Rainey, Center for Food 
Safety and Applied Nutrition (HFS-158), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204-0002, 202-205-5099.

SUPPLEMENTARY INFORMATION:
    In the Federal Register of September 14, 1994 (59 FR 47072), FDA 
amended the standards of identity for frozen desserts: (1) To remove 
the standards of identity for ice milk (Sec. 135.120 (21 CFR 135.120)) 
and goat's milk ice milk (Sec. 135.125 (21 CFR 135.125)); and (2) to 
amend the standards of identity for ice cream and frozen custard 
(Sec. 135.110 (21 CFR 135.110)), and, by cross-reference, goat's milk 
ice cream (Sec. 135.115 (21 CFR 135.115)), to provide for the use in 
these foods, of safe and suitable sweeteners and to allow for the use 
of skim milk that may be concentrated, and from which part or all of 
the lactose has been removed by a safe and suitable procedure, in the 
food. FDA also amended the standard of identity for ice cream and 
frozen custard to provide for the optional use of hydrolyzed milk 
proteins as stabilizers in the food at a level not to exceed 3 percent 
by weight to ice cream mix containing not less that 20 percent total 
milk solids, provided that any whey and modified whey products used 
contribute, singly or in combination, not more than 25 percent by 
weight of the total nonfat milk solids content of the finished food.
    FDA also amended the standard of identity for ice cream and frozen 
custard (Sec. 135.110) to provide for the use of sweeteners other than 
nutritive carbohydrate sweeteners. When such sweeteners are used in the 
food, their presence must be declared as part of the name of the food 
until September 14, 1998, to ensure that consumers will have an 
opportunity to become familiar with these new food products. After that 
time, the use of these sweeteners in ice cream will have to be 
reflected only in the ingredient statement on the label of the food.
    FDA gave interested persons until October 14, 1994, to file 
objections or requests for a hearing. The agency received no objections 
or requests for a hearing on the final rule. Therefore, FDA has 
concluded that the final rule published in the Federal Register of 
September 14, 1994, should be confirmed.

List of Subjects in 21 CFR Part 135

    Food grades and standards, Food labeling, Frozen foods, Ice cream.

    Therefore, under the Federal Food, Drug, and Cosmetic Act (secs. 
201, 401, 403, 409, 701, 721 (21 U.S.C. 321, 341, 343, 348, 371, 379e)) 
and under authority delegated to the Commissioner of Food and Drugs (21 
CFR 5.10), and redelegated to the Director, Office of Food Labeling, 
Center for Food Safety and Applied Nutrition (21 CFR 5.62), notice is 
given that the amendments of part 135 that were set forth in the 
Federal Register of September 14, 1994 (59 FR 47072) become effective 
September 14, 1995. Compliance with the amendments may have begun on 
September 14, 1994.

    Dated: December 1, 1994.
F. Edward Scarbrough,
Director, Office of Food Labeling, Center for Food Safety and Applied 
Nutrition.
[FR Doc. 94-30869 Filed 12-14-94; 8:45 am]
BILLING CODE 4160-01-F