[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR133.169]
[Page 346-348]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 133 CHEESES AND RELATED CHEESE PRODUCTS--Table of Contents
Subpart B Requirements for Specific Standardized Cheese and Related
Products
Sec. 133.169 Pasteurized process cheese.
(a)(1) Pasteurized process cheese is the food prepared by
comminuting and mixing, with the aid of heat, one or more cheeses of the
same or two or more varieties, except cream cheese, neufchatel cheese,
cottage cheese, lowfat cottage cheese, cottage cheese dry curd, cook
cheese, hard grating cheese, semisoft part-skim cheese, part-skim spiced
cheese, and skim milk cheese for manufacturing with an emulsifying agent
prescribed by paragraph (c) of this section into a homogeneous plastic
mass. One or more of the optional ingredients designated in paragraph
(d) of this section may be used.
(2) During its preparation, pasteurized process cheese is heated for
not less than 30 seconds at a temperature of not less than 150 [deg]F.
When tested for phosphatase by the method prescribed in Sec. 133.5(c),
the phenol equivalent of 0.25 gram of pasteurized process cheese is not
more than 3 micrograms.
(3)(i) The moisture content of a pasteurized process cheese made
from a single variety of cheese is not more than 1 percent greater than
the maximum moisture content prescribed by the definition and standard
of identity, if any there be, for the variety of cheese used; but in no
case is more than 43 percent, except that the moisture content of
pasteurized process washed curd cheese or pasteurized process colby
cheese is not more than 40 percent; the moisture content of pasteurized
process swiss cheese or pasteurized process gruyere cheese is not more
than 44 percent; and the moisture content of pasteurized process
limburger cheese is not more than 51 percent.
(ii) The fat content of the solids of a pasteurized process cheese
made from a single variety of cheese is not less than the minimum
prescribed by the definition and standard of identity, if any there be,
for the variety of cheese used, but in no case is less than 47 percent;
except that the fat content of the solids of pasteurized process swiss
cheese is not less than 43 percent, and the fat content of the solids of
pasteurized process gruyere cheese is not less than 45 percent.
(4)(i) The moisture content of a pasteurized process cheese made
from two or more varieties of cheese is not more than 1 percent greater
than the arithmetical average of the maximum moisture contents
prescribed by the definitions and standards of identity, if any there
be, for the varieties of cheese used; but in no case is the moisture
content more than 43 percent, except that the moisture content of a
pasteurized process cheese made from two or more of the varieties
cheddar cheese, washed curd cheese, colby cheese, and granular cheese is
not more than 40 percent, and the moisture content of a mixture of swiss
cheese and gruyere cheese is not more than 44 percent.
(ii) The fat content of the solids of a pasteurized process cheese
made from two or more varieties of cheese is not less than the
arithmetical average of the minimum fat contents prescribed by the
definitions and standards of identity, if any there be, for the
varieties of cheese used, but in no case is less than 47 percent, except
that the fat content of the solids of a pasteurized process gruyere
cheese made from a mixture of swiss cheese and gruyere cheese is not
less than 45 percent.
(5) Moisture and fat are determined by the methods prescribed in
Sec. 133.5(a), (b), and (d).
[[Page 347]]
(6) The weight of each variety of cheese in a pasteurized process
cheese made from two varieties of cheese is not less than 25 percent of
the total weight of both, except that the weight of blue cheese, nuworld
cheese, roquefort cheese, or gorgonzola cheese is not less than 10
percent of the total weight of both, and the weight of limburger cheese
is not less than 5 percent of the total weight of both. The weight of
each variety of cheese in a pasteurized process cheese made from three
or more varieties of cheese is not less than 15 percent of the total
weight of all, except that the weight of blue cheese, nuworld cheese,
roquefort cheese, or gorgonzola cheese is not less than 5 percent of the
total weight of all, and the weight of limburger cheese is not less than
3 percent of the total weight of all. These limits do not apply to the
quantity of cheddar cheese, washed curd cheese, colby cheese and
granular cheese in mixtures which are designated as ``American cheese''
as prescribed in paragraph (e)(2)(ii) of this section. Such mixtures are
considered as one variety of cheese for the purposes of this paragraph
(a)(6).
(7) For the purposes of this section, cheddar cheese for
manufacturing, washed curd cheese for manufacturing, colby cheese for
manufacturing, granular cheese for manufacturing, brick cheese for
manufacturing, muenster cheese for manufacturing, and swiss cheese for
manufacturing are considered as cheddar cheese, washed curd cheese,
colby cheese, granular cheese, brick cheese, muenster cheese, and swiss
cheese, respectively.
(b) Pasteurized process cheese may be smoked, or the cheese or
cheeses from which it is made may be smoked, before comminuting and
mixing, or it may contain substances prepared by condensing or
precipitating wood smoke.
(c) The emulsifying agent referred to in paragraph (a) of this
section is one or any mixture of two or more of the following:
Monosodium phosphate, disodium phosphate, dipotassium phosphate,
trisodium phosphate, sodium metaphosphate (sodium hexametaphosphate),
sodium acid pyrophosphate, tetrasodium pyrophosphate, sodium aluminum
phosphate, sodium citrate, potassium citrate, calcium citrate, sodium
tartrate, and sodium potassium tartrate, in such quantity that the
weight of the solids of such emulsifying agent is not more than 3
percent of the weight of the pasteurized process cheese.
(d) The optional ingredients referred to in paragraph (a) of this
section are:
(1) An acidifying agent consisting of one or any mixture of two or
more of the following: A vinegar, lactic acid, citric acid, acetic acid,
and phosphoric acid, in such quantity that the pH of the pasteurized
process cheese is not below 5.3.
(2) Cream, anhydrous milkfat, dehydrated cream, or any combination
of two or more of these, in such quantity that the weight of the fat
derived therefrom is less than 5 percent of the weight of the
pasteurized process cheese.
(3) Water.
(4) Salt.
(5) Harmless artificial coloring.
(6) Spices or flavorings, other than any which singly or in
combination with other ingredients simulate the flavor of a cheese of
any age or variety.
(7) Pasteurized process cheese in the form of slices or cuts in
consumer-sized packages may contain an optional mold-inhibiting
ingredient consisting of not more than 0.2 percent by weight of sorbic
acid, potassium sorbate, sodium sorbate, or any combination of two or
more of these, or consisting of not more than 0.3 percent by weight of
sodium propionate, calcium propionate, or a combination of sodium
propionate and calcium propionate.
(8) Pasteurized process cheese in the form of slices or cuts in
consumer-sized packages may contain lecithin as an optional anti-
sticking agent in an amount not to exceed 0.03 percent by weight of the
finished product.
(9) Safe and suitable enzyme modified cheese.
(e) The name of a pasteurized process cheese for which a definition
and standard of identity is prescribed by this section is as follows:
(1) In case it is made from a single variety of cheese, its name is
``Pasteurized process ------ cheese'', the blank being filled in with
the name of the variety of cheese used.
[[Page 348]]
(2) In case it is made from two or more varieties of cheese, its
name is ``Pasteurized process ------ and ------ cheese'', or
``Pasteurized process ------ blended with ------ cheese'', or
``Pasteurized process blend of ------ and ------ cheese'', the blanks
being filled in with the names of the varieties of cheeses used, in
order of predominance by weight; except that:
(i) In case it is made from gruyere cheese and swiss cheese, and the
weight of gruyere cheese is not less than 25 percent of the weight of
both, it may be designated ``Pasteurized process gruyere cheese''; and
(ii) In case it is made of cheddar cheese, washed curd cheese, colby
cheese, or granular cheese or any mixture of two or more of these, it
may be designated ``Pasteurized process American cheese''; or when
cheddar cheese, washed curd cheese, colby cheese, granular cheese, or
any mixture of two or more of these is combined with other varieties of
cheese in the cheese ingredient, any of such cheeses or such mixture may
be designated as ``American cheese''.
The full name of the food shall appear on the principal display panel of
the label in type of uniform size, style, and color. Wherever any word
or statement emphasizing the name of any ingredient appears on the label
(other than in an ingredient statement as specified in paragraph (g) of
this section) so conspicuously as to be easily seen under customary
conditions of purchase, the full name of the food shall immediately and
conspicuously precede or follow such word or statement in type of at
least the same size as the type used in such word or statement.
(f) The name of the food shall include a declaration of any
flavoring, including smoke and substances prepared by condensing or
precipitating wood smoke, that characterizes the product as specified in
Sec. 101.22 of this chapter and a declaration of any spice that
characterizes the product.
(g) 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, except that cheddar cheese, washed curd cheese, colby
cheese, granular cheese, or any mixture of two or more of these may be
designated as ``American cheese''.
[42 FR 14366, Mar. 15, 1977, as amended at 49 FR 10095, Mar. 19, 1984;
58 FR 2894, Jan. 6, 1993]
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