[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: 21CFR163.112]
[Page 513-514]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 163_CACAO PRODUCTS--Table of Contents
Subpart B_Requirements for Specific Standardized Cacao Products
Sec. 163.112 Breakfast cocoa.
(a) Description. (1) Breakfast cocoa is the food prepared by
pulverizing the material remaining after part of the cacao fat has been
removed from ground cacao nibs. Breakfast cocoa contains not less than
22 percent by weight of cacao fat as determined by the method prescribed
in Sec. 163.5(b).
(2) Optional alkali ingredients specified in paragraph (b)(1) of
this section may be used as such in the preparation of breakfast cocoa
under the conditions and limitations specified in Sec. 163.110(b)(1).
(3) Optional neutralizing agents specified in paragraph (b)(2) of
this section may be used as such in the preparation of the breakfast
cocoa under the conditions and limitations specified in Sec.
163.110(b)(2).
(4) Breakfast cocoa may be spiced, flavored, or seasoned with one or
more of the ingredients listed in paragraphs (b)(3) and (b)(4) of this
section.
(b) Optional ingredients. The following safe and suitable
ingredients may be used:
(1) Alkali ingredients. Ammonium, potassium, or sodium bicarbonate,
carbonate, or hydroxide, or magnesium carbonate or oxide, used as such,
or in aqueous solution;
(2) Neutralizing agents. Phosphoric acid, citric acid and L-tartaric
acid, used as such, or in aqueous solution;
(3) Spices, natural and artificial flavorings, and other seasonings
that do not either singly or in combination impart a flavor that
imitates the flavor of chocolate, milk, or butter; or
(4) Salt.
(c) Nomenclature. The name of the food is ``breakfast cocoa'', or
``high fat cocoa''.
(1) When any optional alkali ingredient specified in paragraph
(b)(1) of this section is used, including those used in the preparation
of the cacao nibs from which the breakfast cocoa was prepared, the name
of the food shall be accompanied by the statement ``Processed with
alkali'', or ``Processed with ------'', the blank being filled in with
the common or usual name of the specific alkali ingredient used in the
food.
(2) When any optional neutralizing agent specified in paragraph
(b)(2) of this section is used, including those used in the preparation
of the cacao nibs from which the breakfast cocoa was prepared, the name
of the food shall be accompanied by the statement ``Processed with
neutralizing agent'' or ``Processed with ------'', the blank being
filled in with the common or usual name of the specific neutralizing
agent used in the food.
(3) When one or more of the spices, flavorings, or seasonings
specified in paragraph (b)(3) of this section are used in the breakfast
cocoa, the label shall bear an appropriate statement, e.g., ``Spice
added'', ``Flavored with ------'', or ``With ------ added'', the blank
being filled in with the common or usual name of the spice, flavoring,
or seasoning used, in accordance with Sec. 101.22 of this chapter.
(4) When two or more of the statements set forth in this paragraph
are required, such statements may be combined in a manner that is
appropriate, but not misleading.
(5) Whenever the name of the food appears on the label so
conspicuously as to be easily seen under customary conditions of
purchase, the statements prescribed in this paragraph showing optional
ingredients used shall precede or follow the name without intervening
printed or graphic matter.
(d) Label declaration. Each of the ingredients used in the food
shall be declared on the label as required by the
[[Page 514]]
applicable sections of parts 101 and 130 of this chapter.
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