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163.130 Milk 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: 21CFR163.130]

[Page 516-517]
 
                        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.  163.130  Milk chocolate.

    (a) Description. (1) Milk chocolate is the solid or semiplastic food 
prepared by intimately mixing and grinding chocolate liquor with one or 
more of the optional dairy ingredients and 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) Milk chocolate contains not less than 10 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 cacao fat therein and the weights of alkali, neutralizing 
and seasoning ingredients, multiplying the remainder by 2.2, dividing 
the result by the weight of the finished milk chocolate, and multiplying 
the quotient by 100. The finished milk chocolate contains not less than 
3.39 percent by weight of milkfat and not 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.
    (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; and
    (iii) Skim milk, concentrated skim milk, evaporated skim milk, 
sweetened condensed skim milk, nonfat dry 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 ``milk chocolate'' or 
``milk chocolate coating''.
    (1) When optional alkali ingredients are used in the preparation of 
the chocolate liquor or the cacao nibs from which the milk 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 milk 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.,

[[Page 517]]

``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 130


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