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135.140 Sherbet.

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[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR135.140]

[Page 364-366]
                        TITLE 21--FOOD AND DRUGS
                          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 365]]

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 366]]

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 
    (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 
    (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]

Additives that reference this regulation:

Source: U.S. Code of Federal Regulations - CFR Title 21, Part 135, Section 140

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