[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
PART 163_CACAO PRODUCTS--Table of Contents
Subpart B_Requirements for Specific Standardized Cacao Products
Sec. 163.123 Sweet chocolate.
(a) Description. (1) Sweet chocolate is the solid or semiplastic
food prepared by intimately mixing and grinding chocolate liquor with
one or more optional nutritive carbohydrate sweeteners, and may contain
one or more of the other optional ingredients specified in paragraph (b)
of this section.
(2) Sweet chocolate contains not less than 15 percent by weight of
chocolate liquor complying with the requirements of Sec. 163.111, as
calculated by subtracting from the weight of the chocolate liquor used
the weight of the cacao fat therein and the weights therein of any
alkali, neutralizing, and seasoning ingredients, and multiplying the
remainder by 2.2, dividing the result by the weight of the finished
sweet chocolate, and multiplying the quotient by 100. The finished sweet
chocolate contains less than 12 percent by weight of total milk solids
based on those dairy ingredients specified in paragraph (b)(4) of this
section, exclusive of any added sweetener or other dairy derived
ingredient that is added beyond that amount that is normally present in
the specified dairy ingredient.
(3) Semisweet chocolate or bittersweet chocolate is sweet chocolate
that contains not less than 35 percent by weight of chocolate liquor
complying with the requirements of Sec. 163.111 and calculated in the
same manner as set forth in paragraph (a)(2) of this section.
(4) Cacao fat is determined by the method prescribed in Sec.
(b) Optional ingredients. The following safe and suitable
ingredients may be used:
(1) Cacao fat;
(2) Nutritive carbohydrate sweeteners;
(3) Spices, natural and artificial flavorings, ground whole nut
meats, ground coffee, dried malted cereal extract, salt, and other
seasonings that do not either singly or in combination impart a flavor
that imitates the flavor of chocolate, milk, or butter;
(4) Dairy ingredients:
(i) Cream, milkfat, butter;
(ii) Milk, concentrated milk, evaporated milk, sweetened condensed
milk, dried milk;
(iii) Skim milk, concentrated skim milk, evaporated skim milk,
sweetened condensed skim milk, nonfat dry milk;
(iv) Concentrated buttermilk, dried buttermilk; and
(v) Malted milk; or
(5) Emulsifying agents, used singly or in combination, the total
amount of which does not exceed 1.0 percent by weight.
(c) Nomenclature. The name of the food is ``sweet chocolate'',
``sweet chocolate coating'', ``semisweet chocolate'', ``semisweet
chocolate coating'', ``bittersweet chocolate'', or ``bittersweet
chocolate coating'', as appropriate.
(1) When optional alkalizing ingredients are used in the preparation
of the chocolate liquor or the cacao nibs from which the chocolate was
prepared, the label shall bear 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 optional neutralizing agents are used in the preparation of
the chocolate liquor or the cacao nibs from which the chocolate was
prepared, the label shall bear the statement ``Processed with
neutralizing agents'', 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 such 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 applicable sections of
parts 101 and 130 of this chapter.
Additives that reference this regulation: