§ 57.1. Definitions

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Artificial dairy product—A food manufactured, packaged or labeled so as to purport to resemble the identity, intended use, composition, physical and sensory properties of a dairy product for which there has been established a standard of identity.

   Basic compositional ingredient—An ingredient which contributes a significant portion of the nutritional value or characterizing ingredient of the food.

   Department—The Department of Agriculture of the Commonwealth.

   Milk products—Ice cream, ice cream mix, custard ice cream, french ice cream, frozen custard, ice milk, sherbet and other similar frozen and semifrozen products and dairy products used in the manufacture thereof.

   Organoleptic or sensory characteristics—Characteristics relating to the flavor, texture, smell or appearance—for example, package or label appearance—of a food product.

   Physical characteristics—Characteristics relating to the composition of a food including but not limited to fat and moisture content, nonfat solids content and functional ingredients or food additive content such as emulsifiers, stabilizers, flavor or color additives.

   Reconstituted dairy products—Reconstituted or recombined milk or dairy products resulting from the recombining of milk constitutents with potable water.

   Secretary—The Secretary of the Department.

   Standardized food—A food for which a standard of identity has been established by the Department.

   Sterile—A dairy product that has been processed and packaged so as to have extended shelf-life under nonrefrigerated conditions.

   The provisions of this §  57.1 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27102).

 (a)  Milk in final package form for beverage use may contain not less than 3.25% milkfat but not more than 6% milkfat and not less than 8.25% milk solids not fat. Milk may be adjusted by separating part of the milkfat, or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk and may be homogenized.

 (b)  Vitamin additions are optional.

   (1)  If added, vitamin A shall be present in such quantity that each quart of the food contains not less than 2,000 International Units, within limits of good manufacturing practice.

   (2)  If added, vitamin D shall be present in such quantity that each quart of the food contains 400 International Units, within limits of good manufacturing practice.

 (c)  The following safe and suitable ingredients may be used:

   (1)  Carriers for vitamin A and D.

   (2)  Characterizing flavoring ingredients, with or without coloring, nutritive sweetener, emulsifiers and stabilizers, as follows:

     (i)   Fruit and fruit juice, including concentrated fruit and fruit juices.

     (ii)   Natural and artificial food flavorings.

   The provisions of this §  57.1a adopted September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285.

 Acidified milk shall comply with 21 CFR 131.111 (relating to acidified milk).

 Cultured milk shall comply with 21 CFR 131.112 (relating to cultured milk).

 (a)  General. Lowfat milk is milk from which sufficient milkfat has been removed to produce a food having one of the following milkfat contents: .5%, 1%, 1.5% or 2%, within limits of good manufacturing practices. It may contain not less than 8.25% milk solids not fat and may be homogenized.

 (b)  Optional vitamin addition. If added, the vitamins shall be present as described in §  57.1a(b) (relating to milk).

 (c)  Optional ingredients. The following safe and suitable optional ingredients may be used:

   (1)  Carriers for vitamins A and D.

   (2)  Concentrated skim milk, nonfat dry milk or other milk derived ingredients to increase the nonfat solids content of the food. The ratio of protein to total nonfat solids of the food, and protein efficiency ratio of protein present, may not be decreased as a result of adding the ingredients. If these ingredients are used, emulsifiers, stabilizers, or both, may be added in an amount not to exceed 2% by weight of the solids added.

   (3)  Characterizing flavoring ingredients—with or without coloring, nutritive sweetener, emulsifiers and stabilizers—as follows: 

     (i)   Fruit and fruit juices—including concentrated fruit and fruit juices.

     (ii)   Natural and artificial food flavorings.

   The provisions of this §  57.4 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (27103).

 Acidified lowfat milk shall comply with 21 CFR 131.136 (relating to acidified lowfat milk).

 Cultured lowfat milk shall comply with 21 CFR 131.138 (relating to cultured lowfat milk).

 (a)  General. Skim milk is milk from which sufficient milkfat has been removed to reduce its milkfat content to less than 0.5%. Skim milk may contain not less than 8.25% milk solids not fat and may be homogenized.

 (b)  Optional vitamin addition. If vitamins are added, they shall be present as described in §  57.1a(b) (relating to milk).

 (c)  Optional ingredients. Optional ingredients may be added as provided in §  57.4(c) (relating to lowfat milk).

 Acidified skim milk shall comply with 21 CFR 131.144 (relating to acidified skim milk).

 Cultured skim milk shall comply with 21 CFR 131.146 (relating to cultured skim milk).

   Buttermilk is a fluid product resulting from the manufacture of butter from approved milk or cream and containing not less than 8.25% milk solids not fat.

 Heavy cream shall comply with 21 CFR 131.150 (relating to heavy cream).

 Light cream shall comply with 21 CFR 131.155 (relating to light cream).

 Light whipping cream shall comply with 21 CFR 131.157 (relating to light whipping cream).

 Whipped light cream, whipped medium cream and whipped heavy cream are creams into which air or gas has been incorporated.

 Sour cream shall comply with 21 CFR 131.160 (relating to sour cream).

 (a)  Description. Lowfat sour cream shall comply with 21 CFR 131.160 (relating to sour cream), except that the food may not contain less than 6% nor more than 9% milkfat. Vitamin A may be added. When the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of the milkfat may not be less than 6% of the remainder obtained by subtracting the weight of the optional ingredients from the weight of the food. The food may not contain less than 4.8% milkfat.

 (b)  Vitamin addition. If added, Vitamin A shall be present in a quantity so that 2 tablespoons—1 fluid ounce—serving of the food contains not less than 175 International Units of Vitamin A, within limits of good manufacturing practice.

 (c)  Nomenclature. The name of the food is ‘‘Lowfat Sour Cream’’ or alternatively ‘‘Lite Sour Cream’’.

   The provisions of this §  57.15a issued under section 7 of the act of August 8, 1961 (P. L. 975, No. 436) (31 P. S. §  520-7).

 Acidified sour cream shall comply with 21 CFR 131.162 (relating to acidified sour cream).

 Eggnog shall comply with 21 CFR 131.170 (relating to eggnog).

 Half-and-half shall comply with 21 CFR 131.180 (relating to half-and-half).

 Sour half-and-half shall comply with 21 CFR 131.185 (relating to sour half-and-half).

 Acidified sour half-and-half shall comply with 21 CFR 131.187 (relating to sour half-and-half).

 Yogurt shall comply with 21 CFR 131.200 (relating to yogurt).

 Lowfat yogurt shall comply with 21 CFR 131.203 (relating to lowfat yogurt).

 Nonfat yogurt shall comply with 21 CFR 131.206 (relating to nonfat yogurt).

 Protein fortified lowfat milk or skim milk may contain less than 10% milk derived nonfat solids.

 (a)  The milkfat content standards prescribed by this chapter shall be determined by a milkfat testing method set forth in the latest edition of either of the following:

   (1)  Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists.

   (2)  Standard Methods for the Examination of Dairy Products, published by the American Public Health Association, Inc.

 (b)  Total solids, acidity, nonfat milk solids and moisture shall be determined by the testing procedures set forth in the latest edition of Official Methods of Analysis of the Association of Official Analytical Chemists.

 (c)  Modification of the test procedures in subsections (a) and (b), as approved by the Department, may be used.

 (a)  Milk and dairy products shall be approved by the Department before use in products defined in this subchapter.

 (b)  Other ingredients, if permitted, including but not limited to flavors, sweeteners, stabilizers, emulsifiers, vitamins and minerals shall be safe and suitable as defined by 21 CFR Subchapter B (relating to food for human consumption). Safe and suitable ingredients may be used at levels necessary to achieve their intended effects.

 A dairy product not specifically defined in this chapter shall conform with 21 CFR Parts 131 and 133 (relating to milk and cream and cheese).

 (a)  A dairy product to be sold in this Commonwealth shall conform with established definitions and standards of identity, except that a person holding a current milk or milk products permit, issued under the act of July 2, 1935 (P. L. 589, No. 210) (31 P. S. § §  645—660g), known as the Milk Sanitation Law, who wishes to process a dairy product for which a standard of identity has not been promulgated by the Secretary, may apply to the Secretary for a temporary permit to market the product.

 (b)  The application shall be on a form furnished by the Secretary and contain information as the Secretary may require. The permit shall be for a period not to exceed 1 year, although the temporary marketing may be extended for a period of up to 1 year by the Secretary if a new standard of identity has been introduced under section 7 of the act of August 8, 1961 (P. L. 975, No. 436) (31 P. S. §  520-7) known as the Milk Adulteration and Labeling Act.

 (c)  The Secretary may revoke a permit if the application contains misleading statements, or if the Secretary determines that unfair competitive advantage is gained through the issuance of the permit, or that the need no longer exists for a permit.

   The provisions of this §  57.33 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; reserved September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285. Immediately preceding text appears at serial page (73653).

Subchapter B. LABELING

Sec.

§ 57.41. General labeling requirements.

 (a)  Containers, including bulk containers, shall carry minimum labeling including, without limitation:

   (1)  Name of the product.

   (2)  Net contents.

   (3)  Milkfat content, in the case of lowfat dairy products.

   (4)  Name and address of the processor or distributor. When the name and address of a distributor appears in lieu of that of the processor such words as ‘‘Mfg. for,’’ ‘‘Dist. by,’’ or ‘‘Packed for’’ shall also appear on the package. Products showing a general address or the name and address of a distributor shall be further labeled to identify the processing plant by assigned numerical code or the plant name and address.

 (b)  Brand names, or breed names, if applicable, may not conflict with designations approved by the Department.

 (c)  Designations, including those for new products, shall be approved by the Department prior to use.

   The provisions of this §  57.41 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100.

 (a)  Special designations approved by the Department, suggesting extra milkfat, may be used with milk if the product contains not less the 4% milkfat.

 (b)  Additives, such as flavors, sweeteners, milk solids, lactose, stabilizers, emulsifiers, vitamins and minerals if used, shall be shown on the label in descending order of predominance. When vitamins, minerals or milk solids are added, the quantity or percentage of United States Recommended Daily Allowance (U.S. RDA) per serving shall be shown on the label.

 (c)  The word ‘‘Pasteurized’’ shall appear on the label if the product has been pasteurized. Homogenized products shall be so labeled. ‘‘Grade A’’ may precede the designation of a product described in this section, if the processing plant possesses a current Grade A rating, but type size may not be larger than letters in basic product name.

 (d)  The designation ‘‘Grade AA Pasteurized Milk’’ may appear on the carton or cap if the milk meets the requirements for Grade AA Pasteurized Milk in Chapter 59 (relating to milk sanitation). The size of the type may not be larger than the word ‘‘Milk.’’

 (e)  Reconstituted products shall be labeled so that the word ‘‘Reconstituted’’ is at least half the size of the name of the product which has been reconstituted and ‘‘Reconstituted’’ shall immediately precede or follow the name of the product.

 (f)  Protein fortified dairy products shall be labeled so that the words ‘‘Protein Fortified’’ is at least half the size of the name of the product which has been fortified and ‘‘Protein Fortified’’ immediately precede or follow the name of the product. The label shall include the percentage of milk solids not fat added or the percentage of U.S. RDA of protein, vitamins and minerals per serving on the information panel of the container.

 (g)  If an artificial color is used for a flavored milk other than chocolate, the label shall declare ‘‘Artificially Colored.’’

 (h)  If an artificial flavor is used for artificially flavored milk, it shall be declared and the product shall be labeled ‘‘Imitation (Name of flavor imitated) Flavored Milk.’’ The word imitation shall be in type at least 1/2 the size of the name of the product imitated.

 (i)  Lowfat milk shall be labeled so that the words ‘‘Lowfat Milk’’ are the same size and style of type, and the percentage of milkfat shall be shown.

 (j)  The word ‘‘pasteurized’’ shall appear in letters not less than 1/4 the height of letters in the basic product name. If desired, letters used in modifying terms and ‘‘pasteurized’’ may be the same size, but never larger than the product name. Printing shall be readily legible.

 (k)  Products which are cultured or acidulated after pasteurization may be alternately labeled ‘‘Made from pasteurized dairy products.’’

 (l)  A food is deemed to be misbranded if one of the following apply:

   (1)  It is an artificial dairy product as defined in §  57.1 (relating to definitions). A food is not misbranded if its label bears the word ‘‘artificial,’’ and immediately thereafter, the name of the standardized food imitated, and the letters in the word ‘‘artificial’’ and in the name of the standardized food imitated are in type of uniform size, style and prominence.

   (2)  It contains an ‘‘artificial dairy product’’ defined in §  57.1 as an ingredient which replaces portions of basic compositional ingredients in a food and is not labeled with the phrase ‘‘contains artificial

 (m)  If specific labeling requirements are not prescribed in this section, 21 CFR Part 131 (relating to milk and cream) shall be followed.

   The provisions of this §  57.42 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285; corrected October 6, 1989, effective September 6, 1986, 19 Pa.B. 4276. Immediately preceding text appears at serial pages (137948) to (137950).

   This section cited in 7 Pa. Code §  59.21 (relating to general labeling requirements).

Subchapter C. OTHER DAIRY PRODUCTS

Sec.

§ 57.51. Butter.

   Butter is the food product, usually known as butter, which is made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter and contains not less than 80% by weight of milkfat.

 Dry whole milk shall comply with 21 CFR 131.147 (relating to dry whole milk).

 Dry buttermilk—made by the spray process or the atmospheric roller process—is the product resulting from drying liquid buttermilk derived from the manufacture of sweet cream butter to which no alkali or other chemical has been added and which has been pasteurized either before or during the process of manufacture at a temperature of 161°F for 15 seconds or its equivalent in bacterial destruction.

 Whey is the fluid obtained by separating the coagulum from milk, cream or skim milk in cheesemaking. The acidity of the whey may be adjusted by the addition of safe and suitable pH adjusting ingredients. Salt drippings—moisture removed from cheese curd as a result of salting—may not be collected for further processing as whey.

 Dry whey is the product resulting from drying fresh whey which has been pasteurized and to which nothing has been added as a preservative. It contains constituents, except moisture, in the same relative proportions as in the whey.

 Evaporated skimmed milk shall comply with 21 CFR 131.132 (relating to evaporated skim milk).

 Sweetened condensed skimmed milk shall comply with 21 CFR 131.122 (relating to sweetened condensed skimmed milk).

   Dairy shake is a pasteurized or ultrapasteurized semiviscous drink consisting of one or more optional dairy ingredients and other safe and suitable nonmilk derived ingredients—sweeteners, stabilizers, flavors and colors—excluding other food fats. The finished product contains not less than 3.25% milkfat and not less than 11% total milk solids.

 Milk shake is a semiviscous drink made by combining pasteurized milk with ice cream or ice milk, and may contain other safe and suitable nonmilk derived ingredients—sweeteners, flavors and colors—excluding other food fats.

 Concentrated milk shall comply with 21 CFR 131.115 (relating to concentrated milk).

 Evaporated milk shall comply with 21 CFR 131.130 (relating to evaporated milk).

 Sweetened condensed milk shall comply with 21 CFR 131.120 (relating to sweetened condensed milk).

 Lowfat dry milk shall comply with 21 CFR 131.123 (relating to lowfat dry milk).

 Nonfat dry milk shall comply with 21 CFR 131.125 (relating to nonfat dry milk).

 Nonfat dry milk fortified with vitamins A and D shall comply with 21 CFR 131.127 (relating to nonfat dry milk fortified with vitamins A and D).

 Dry cream shall comply with 21 CFR 131.149 (relating to dry cream).

 Other dairy products not listed in this subchapter shall comply with 21 CFR Part 131 (relating to milk and cream).

   The provisions of this §  57.67 adopted September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285.

Subchapter D. CHEESE AND RELATED CHEESE PRODUCTS

Sec.

§ 57.71. Cheese and related cheese products.

 Cheese and related cheese products shall comply with 21 CFR Part 133 (relating to cheeses and related cheese products).

   The provisions of this §  57.71 adopted September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285.

Subchapter E. SPECIAL PROVISIONS

Sec.

§ 57.81. Conditions of sale.

 Artificial dairy products served in an eating place shall be identified by menu, menu board or individual serving container labeled in a manner that is easily recognized by the consumer.

   The provisions of this §  57.81 adopted September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285.