[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: 21CFR135.140]
[Page 370-372]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 135 FROZEN DESSERTS--Table of Contents
Subpart B Requirements for Specific Standardized Frozen Desserts
Sec. 135.140 Sherbet.
(a) Description. (1) Sherbet is a food produced by freezing, while
stirring, a pasteurized mix consisting of one or more of the optional
dairy ingredients specified in paragraph (b) of this section, and may
contain one or more of the optional caseinates specified in
[[Page 371]]
paragraph (c) of this section subject to the conditions hereinafter set
forth, and other safe and suitable nonmilk-derived ingredients; and
excluding other food fats, except such as are added in small amounts to
accomplish specific functions or are natural components of flavoring
ingredients used. Sherbet is sweetened with nutritive carbohydrate
sweeteners and is characterized by the addition of one or more of the
characterizing fruit ingredients specified in paragraph (d) of this
section or one or more of the nonfruit-characterizing ingredients
specified in paragraph (e) of this section.
(2) Sherbet weighs not less than 6 pounds to the gallon. The milkfat
content is not less than 1 percent nor more than 2 percent, the nonfat
milk-derived solids content not less than 1 percent, and the total milk
or milk-derived solids content is not less than 2 percent nor more than
5 percent by weight of the finished food. Sherbet that is characterized
by a fruit ingredient shall have a titratable acidity, calculated as
lactic acid, of not less than 0.35 percent.
(b) Optional dairy ingredients. The optional dairy ingredients
referred to in paragraph (a) of this section are: Cream, dried cream,
plastic cream (sometimes known as concentrated milkfat), butter, butter
oil, milk, concentrated milk, evaporated milk, superheated condensed
milk, sweetened condensed milk, dried milk, skim milk, concentrated skim
milk, evaporated skim milk, condensed skim milk, sweetened condensed
skim milk, sweetened condensed part-skim milk, nonfat dry milk, sweet
cream buttermilk, condensed sweet cream buttermilk, dried sweet cream
buttermilk, skim milk that has been concentrated and from which part of
the lactose has been removed by crystallization, and whey and those
modified whey products (e.g., reduced lactose whey, reduced minerals
whey, and whey protein concentrate) that have been determined by FDA to
be generally recognized as safe (GRAS) for use in this type of food.
Water may be added, or water may be evaporated from the mix. The sweet
cream buttermilk and the concentrated sweet cream buttermilk or dried
sweet cream buttermilk, when adjusted with water to a total solids
content of 8.5 percent, has a titratable acidity of not more than 0.17
percent calculated as lactic acid. The term ``milk'' as used in this
section means cow's milk.
(c) Optional caseinates. The optional caseinates referred to in
paragraph (a) of this section which may be added to sherbet mix are:
Casein prepared by precipitation with gums, ammonium caseinate, calcium
caseinate, potassium caseinate, and sodium caseinate. Caseinates may be
added in liquid or dry form, but must be free of excess alkali, such
caseinates are not considered to be milk solids.
(d) Optional fruit-characterizing ingredients. The optional fruit-
characterizing ingredients referred to in paragraph (a) of this section
are any mature fruit or the juice of any mature fruit. The fruit or
fruit juice used may be fresh, frozen, canned, concentrated, or
partially or wholly dried. The fruit may be thickened with pectin or
other optional ingredients. The fruit is prepared by the removal of
pits, seeds, skins, and cores, where such removal is usual in preparing
that kind of fruit for consumption as fresh fruit. The fruit may be
screened, crushed, or otherwise comminuted. It may be acidulated. In the
case of concentrated fruit or fruit juices, from which part of the water
is removed, substances contributing flavor volatilized during water
removal may be condensed and reincorporated in the concentrated fruit or
fruit juice. In the case of citrus fruits, the whole fruit, including
the peel but excluding the seeds, may be used, and in the case of citrus
juice or concentrated citrus juices, cold-pressed citrus oil may be
added thereto in an amount not exceeding that which would have been
obtained if the whole fruit had been used. The quantity of fruit
ingredients used is such that, in relation to the weight of the finished
sherbet, the weight of fruit or fruit juice, as the case may be
(including water necessary to reconstitute partially or wholly dried
fruits or fruit juices to their original moisture content), is not less
than 2 percent in the case of citrus sherbets, 6 percent in the case of
berry sherbets, and 10 percent in the case of sherbets prepared with
other fruits. For the purpose of
[[Page 372]]
this section, tomatoes and rhubarb are considered as kinds of fruit.
(e) Optional nonfruit characterizing ingredients. The optimal
nonfruit characterizing ingredients referred to in paragraph (a) of this
section include but are not limited to the following:
(1) Ground spice or infusion of coffee or tea.
(2) Chocolate or cocoa, including sirup.
(3) Confectionery.
(4) Distilled alcoholic beverage, including liqueurs or wine, in an
amount not to exceed that required for flavoring the sherbet.
(5) Any natural or artificial food flavoring (except any having a
characteristic fruit or fruit-like flavor).
(f) Nomenclature. (1) The name of each sherbet is as follows:
(i) The name of each fruit sherbet is ``------ sherbet'', the blank
being filled in with the common name of the fruit or fruits from which
the fruit ingredients used are obtained. When the names of two or more
fruits are included, such names shall be arranged in order of
predominance, if any, by weight of the respective fruit ingredients
used.
(ii) The name of each nonfruit sherbet is ``------ sherbet'', the
blank being filled in with the common or usual name or names of the
characterizing flavor or flavors; for example, ``peppermint'', except
that if the characterizing flavor used is vanilla, the name of the food
is ``------ sherbet'', the blank being filled in as specified by Sec.
135.110(e) (2) and (5)(i).
(2) When the optional ingredients, artificial flavoring, or
artificial coloring are used in sherbet, they shall be named on the
label as follows:
(i) If the flavoring ingredient or ingredients consists exclusively
of artificial flavoring, the label designation shall be ``artificially
flavored''.
(ii) If the flavoring ingredients are a combination of natural and
artificial flavors, the label designation shall be ``artificial and
natural flavoring added''.
(iii) The label shall designate artificial coloring by the statement
``artificially colored'', ``artificial coloring added'', ``with added
artificial coloring'', or ``------, an artificial color added'', the
blank being filled in with the name of the artificial coloring used.
(g) Characterizing flavor(s). Wherever there appears on the label
any representation as to the characterizing flavor or flavors of the
food and such flavor or flavors consist in whole or in part of
artificial flavoring, the statment required by paragraph (f)(2) (i) and
(ii) of this section, as appropriate, shall immediately and
conspicuously precede or follow such representation, without intervening
written, printed, or graphic matter (except that the word ``sherbet''
may intervene) in a size reasonably related to the prominence of the
name of the characterizing flavor and in any event the size of the type
is not less than 6-point on packages containing less than 1 pint, not
less than 8-point on packages containing at least 1 pint but less than
one-half gallon, not less than 10-point on packages containing at least
one-half gallon but less than 1 gallon, and not less than 12-point on
packages containing 1 gallon or over.
(h) Display of statements required by paragraph (f)(2). Except as
specified in paragraph (g) of this section, the statements required by
paragraph (f)(2) of this section shall be set forth on the principal
display panel or panels of the label with such prominence and
conspicuousness as to render them likely to be read and understood by
the ordinary individual under customary conditions of purchase and use.
(i) 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 4599, Feb. 3, 1978, as amended at 46 FR 44434, Sept. 4, 1981; 58
FR 2896, Jan. 6, 1993]
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