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163.123 Sweet chocolate.

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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: 21CFR163.123]

[Page 514-515]
 
                        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.  163.123  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.  
163.5(b).
    (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;

[[Page 515]]

    (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:


Source: U.S. Code of Federal Regulations - CFR Title 21, Part 163, Section 123


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