Sec.21a-58-18. Nonfruit sherbet: identity; label statement

(a) Description.

(1) Nonfruit sherbet is a food having a characteristic fruit-like flavor but shall not contain any fruit or fruit juice. Nonfruit sherbet is prepared by freezing, while stirring, a pasteurized mix consisting of one or more of the optional dairy ingredients specified in paragraph (b) of this section, and may contain one or more of the optional caseinates specified in paragraph (c) of this section subject to the conditions hereinafter set forth, and any other safe and suitable nonmilk-derived ingredients; and excluding other food fats, except such as are added in small amounts to accomplish specific functions. Nonfruit sherbet is sweetened with nutritive carbohydrate sweeteners and contains characteristic fruit-like flavor.

(2) Sherbet weighs not less than 6 pounds to the gallon. The milkfat content is not less than 1 per cent nor more than 2 per cent, the nonfat milk-derived solids content not less than 1 per cent, and the total milk or milk-derived solids content is not less than 2 per cent nor more than 5 per cent by weight of the finished food.

(b) Optional dairy ingredients. The optional dairy ingredients referred to in paragraph (a) of this section are: Cream, dried cream, plastic cream (sometimes known as concentrated milk fat), butter, butter oil, milk, concentrated milk, evaporated milk, superheated condensed milk, sweetened condensed milk, dried milk, skim milk, concentrated skim milk, evaporated skim milk, condensed skim milk, superheated condensed skim milk, sweetened condensed skim milk, sweetened condensed part skim milk, nonfat dry milk, sweet cream buttermilk, condensed sweet cream buttermilk, dried sweet cream buttermilk, skim milk that has been concentrated and from which part of the lactose has been removed by crystallization, and whey and those modified whey products (e.g., reduced lactose whey, reduced minerals whey, and whey prin concentrate) that have been determined by FDA to be generally recognized as safe (GRAS) for use in this type of food. Water may be added, or water may be evaporated from the mix. The sweet cream buttermilk and the concentrated sweet cream buttermilk or dried sweet cream buttermilk, when adjusted with water to a total solids content of 8.5 per cent, has a titratable acidity of not more than 0.17 per cent, calculated as lactic acid. The term "milk" as used in this section means cow's milk.

(c) Optional caseinates. The optional caseinates referred to in paragraph (a) of this section that may be added to nonfruit sherbet are: Casein prepared by precipitation with gums, ammonium caseinate, calcium caseinate, potassium caseinate, and sodium caseinate. Caseinates may be added in liquid or dry form, but must be free of excess alkali. Such caseinates are not considered to be milk solids.

(d) Nomenclature. The name of the food is "nonfruit sherbet."

(e) In addition to all other required information, the label shall:

(1) Contain a complete list of ingredients, in accordance with the provisions of 21 CFR 101.4.

(2) Comply with the provisions of 21 CFR 101.22.

(3) Contain the following statement "Imitation__________________sherbet." The blank to be filled in by the characterizing flavor used. The letters in the word imitation shall be the same size, type and color and on the same contrasting background as the name of the characterizing flavor and the word sherbet.

(4) The statement required in paragraph (3) of this subsection shall be followed immediately by the words "contains no fruit or fruit juice" in letters at least half the size of those used in statement (3) above.

(5) When a sign is used at the point of purchase to advertise nonfruit sherbet, it shall contain the same information as required in paragraphs (3) and (4) of this subsection.

(6) When nonfruit sherbet is sold other than in properly labeled factory-filled containers, a sign must be conspicuously displayed on the sale premises or vehicle where it can be clearly read by customers under normal conditions of purchase, stating the information required in paragraphs (3) and (4) above. The letters on such sign shall be bold face capitals at least three inches in height and in contrasting color to the background.

(7) The sign required as per paragraph (6) above need not be used if each customer is provided with a menu stating the information required by paragraph (3) and (4) above in bold face capitals as large as those used in listing most food items.

(Effective July 27, 1984)