[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 164_TREE NUT AND PEANUT PRODUCTS--Table of Contents
Subpart B_Requirements for Specific Standardized Tree Nut and Peanut
Sec. 164.150 Peanut butter.
(a) Peanut butter is the food prepared by grinding one of the
shelled and roasted peanut ingredients provided for by paragraph (b) of
this section, to which may be added safe and suitable seasoning and
stabilizing ingredients provided for by paragraph (c) of this
section, but such seasoning and stabilizing ingredients do not in the
aggregate exceed 10 percent of the weight of the finished food. To the
ground peanuts, cut or chopped, shelled, and roasted peanuts may be
added. During processing, the oil content of the peanut ingredient may
be adjusted by the addition or subtraction of peanut oil. The fat
content of the finished food shall not exceed 55 percent when determined
as prescribed in ``Official Methods of Analysis of the Association of
Official Analytical Chemists,'' 13th Ed. (1980), section 27.006(a) under
``Crude Fat--Official First Action, Direct Method,'' in paragraph (a),
which is incorporated by reference. Copies may be obtained from the AOAC
INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD
20877, or may be examined at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
(b) The peanut ingredients referred to in paragraph (a) of this
(1) Blanched peanuts, in which the germ may or may not be included.
(2) Unblanched peanuts, including the skins and germ.
(c) The seasoning and stabilizing ingredients referred to in
paragraph (a) of this section are suitable substances which are not food
additives as defined in section 201(s) of the Federal Food, Drug, and
Cosmetic Act (the act), or if they are food additives as so defined,
they are used in conformity with regulations established pursuant to
section 409 of the act. Seasoning and stabilizing ingredients that
perform a useful function are regarded as suitable, except that
artificial flavorings, artificial sweeteners, chemical preservatives,
and color additives are not suitable ingredients in peanut butter. Oil
products used as optional stabilizing ingredients shall be hydrogenated
vegetable oils. For the purposes of this section, hydrogenated vegetable
oil shall be considered to include partially hydrogenated vegetable oil.
(d) If peanut butter is prepared from unblanched peanuts as
specified in paragraph (b)(2) of this section, the name shall show that
fact by some such statement as ``prepared from unblanched peanuts (skins
left on).'' Such statement shall appear prominently and conspicuously
and shall be in type of the same style and not less than half of the
point size of that used for the words ``peanut butter.'' This statement
shall immediately precede or follow the words ``peanut butter,'' without
intervening written, printed, or graphic matter.
(e) 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.
[42 FR 14475, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982;
49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2886, Jan.
6, 1993; 61 FR 9325, Mar. 8, 1996; 63 FR 14035, Mar. 24, 1998]
Additives that reference this regulation: