Subchapter A. GENERAL REQUIREMENTS

§ 61.1. Scope; registration.

 All packaged nonalcoholic drinks shall be registered by the person responsible for their preparation. Included among the beverages subject to the provisions of this Chapter shall be the following:

   (1)  Diluted fruit or vegetable juices, whether sweetened or unsweetened, or seasoned or unseasoned with salt or spice.

   (2)  Still or carbonated mineral waters intended for use as beverages.

   (3)  Cereal beverages made in imitation of beer, bitter drinks and similar beverages.

   (4)  Artificially sweetened non-alcoholic drinks.

   (5)  Flavored beverages consisting in whole or part of milk or milk products which contain less than 3.25% butter fats.

 Registration under this chapter shall not be required for any of the following:

   (1)  Undiluted, concentrated fruit or vegetable juices.

   (2)  Concentrated fruit or vegetable juices when reconstituted to their original volume.

   (3)  Flavored or unflavored natural whole milk.

   (4)  Unflavored skim milk.

   (5)  Unflavored buttermilk.

 (a)  Applications for registration shall be made upon forms supplied by the Department of Agriculture and accompanied by a remittance in the amount of $50 payable to the Commonwealth of Pennsylvania. Applications shall be submitted by the person manufacturing, preparing and packaging nonalcoholic drinks for delivery, sale or consumption off the premises.

 (b)  Applications shall include the following:

   (1)  The name of the applicant.

   (2)  The location of the manufacturing plant or the place of preparation, mixing or compounding.

   (3)  The name of each brand and flavor to be registered.

   (4)  Such other information as the Department of Agriculture shall require for its confidential use.

 Certificates of registration shall not be transferable and shall be valid only as long as they relate to the named manufacturer at the location specified.

LABELING

§ 61.11. General requirements.

 (a)  Packages and containers shall show all of the following:

   (1)  The true name of the nonalcoholic drink contained therein.

   (2)  The name and address of the manufacturing or packaging plant.

   (3)  The net contents.

 (b)  The name and address of a distributor may appear instead of the name and address of the manufacturer. The containers shall be coded to indicate the actual place of manufacture. Codes shall be filed with but need not be assigned by the Department of Agriculture.

 (a)  Nonalcoholic drinks containing artificial colors, except caramel color, or artificial flavors shall be prominently labeled, stamped or embossed with the words ‘‘artificially flavored’’ or ‘‘artificially colored and flavored.’’

 (b)  Beverages containing imitation flavoring or natural products supplemented with artificial flavoring shall be distinctly marked, labeled or capped with the word ‘‘imitation’’ followed by the name of the flavor imitated. All words shall be in similar type at least one half the size of the name of the product imitated and on the same, contrasting background.

 (c)  The following examples, using cherry flavored beverages for illustration, indicate acceptable labeling:

   (1)  Products manufactured with artificial flavor and color:

     ‘‘IMITATION CHERRY SODA

     Artificially Colored and Flavored’’

   (2)  Products manufactured with artificial flavor and no color:

     ‘‘IMITATION CHERRY SODA

     Artificially Flavored’’

   (3)  Products manufactured only with those flavoring ingredients set forth for the respective flavors in §  61.42 (relating to acceptable beverages) and artificial color:

     ‘‘CHERRY SODA

     Artificially Colored’’

 (a)  Nonalcoholic drinks sweetened by the use of synthetic sweetening agents shall be conspicuously labeled ‘‘artificially sweetened’’ immediately preceding the name of the nonalcoholic drink, in similar type at least one half the size of the type used to name the nonalcoholic drink and on the same, contrasting background.

 (b)  The name of the beverage shall be immediately followed by a statement containing all the following information which shall be so conspicuous as to be easily seen under customary conditions of purchase:

   (1)  Purpose and use of the contents.

   (2)  Names of artificial (synthetic) sweetening agents.

   (3)  Names of each carbohydrate including sorbitol and mannitol (sucrose and dextrose are prohibited).

   (4)  Percentages of each permitted ingredient.

   (5)  The number of calories contributed by carbohydrates per fluid ounce and per unit of customary use or serving.

 (c)  The following example, using cherry flavored beverages for illustration, indicates acceptable labeling:

   ‘‘Artificially Sweetened

   CHERRY SODA

   This product is intended for use by those persons who must restrict their intake of carbohydrates. Contains - 0.02% saccharin, 2.0% sorbitol, natural cherry flavor and carbonated water. Not more than 3 calories per fluid ounce (24 calories per 8 fluid ounces). Contents: 29 fluid ounces.

   Blank Bottling Works

   Hometown, Pa.’’

SANITATION REQUIREMENTS

§ 61.21. General conditions.

 The following requirements shall apply to all establishments packaging non-alcoholic drinks:

   (1)  The entire establishment and its immediate premises, including the fixtures and furnishings, the machinery, apparatus, implements, utensils, and receptacles used in the production, keeping, storing, handling or distributing of the nonalcoholic drinks or the materials used shall be maintained and operated in a clean, sanitary manner.

   (2)  The nonalcoholic drinks and the materials used therein shall be clean, wholesome and protected from any foreign or injurious contamination which might tend to render the beverages unfit for human consumption.

   (3)  The clothing, personal habits and conduct of the employes shall be conducive to cleanliness and sanitation.

   (4)  There shall be proper, suitable and adequate toilets and lavatories constructed, maintained and operated in a clean and sanitary manner.

   (5)  Separate and properly ventilated, lighted and screened syrup rooms shall be installed and maintained in a clean and sanitary manner. The syrup room floor and parts of the plant where bottle washing and filling machines are operated shall be constructed with an impervious material.

   (6)  The use of reusable containers shall comply with the following provisions:

     (i)   Containers shall be cleaned in the same plant by soaking in a hot caustic solution containing not less than 3.0% caustic expressed in terms of sodium hydroxide for a period of not less than 5 minutes at a temperature of not less than 120°F.

     (ii)   Equipment presently in use and maintained in an effective condition may be operated at a temperature of not less than 110°F.

     (iii)   The use of other cleansing materials by a procedure which is equivalent in cleansing and germicidal effectiveness shall be permitted when approved by the Department of Agriculture.

     (iv)   Cleaning of bottles shall be followed by thoroughly rinsing with potable water.

     (v)   Cleansing solutions shall be changed as often as is necessary in order to prevent their becoming foul or insanitary.

   (7)  Nonalcoholic drink shall not be manufactured, mixed, compounded, stored or packaged in any container which may contribute any toxic metal or other toxic material to the nonalcoholic drink, nor shall nonalcoholic drinks be manufactured, mixed, compounded or stored in unlined wooden pails, tubs or barrels.

   (8)  Nonalcoholic drinks shall not be made from any ingredient which has been stored in any manner whereby it may tend to become insanitary or which is insanitary, filthy or decomposed, or if it contains a substance which makes it unsafe for human consumption.

   (9)  Operation of plants in basements and cellars shall be permitted only where the following conditions are present:

     (i)   Proper ventilation and light.

     (ii)   A separate and outside entrance.

     (iii)   A nonporous, properly drained floor.

     (iv)   Separation of coal bins, heaters and toilets from the manufacturing, packaging and storage areas.

     (v)   Clean, sanitary surroundings which are free from probable floodwater damage.

   (10)  All washing and filling machinery, apparatus and similar equipment shall be maintained and operated in a clean and sanitary manner. Filling or capping machines is prohibited if the operator comes in direct contact with that side of the cap, crown package exposed to the beverage.

   (11)  All water from nonmunicipal sources used for the manufacture of non-alcoholic drinks shall be potable and free from contamination. The plant shall have on file a certificate not more than 3 months old from an accepted laboratory indicating that the water is safe for use in the manufacture of non-alcoholic beverages.

   (12)  The cleansing of containers in one plant and their transfer to another for filling is prohibited.

   (13)  Reusable containers shall be filled only if cleansing and rinsing has immediately preceded the filling operation.

   (14)  All areas adjacent to the plant shall be clean and free of trash and rubbish to prevent the breeding of insects and rodents.

   (15)  Mechanical soakers are recommended for proper cleansing. Soakers shall be approved only when it has been demonstrated that they can be and are operated in such a manner as to meet the requirements of the law.

INGREDIENTS

§ 61.31. Generally permitted ingredients.

 Nonalcoholic drinks, unless otherwise specifically provided in this chapter, shall be made from any of the following ingredients:

   (1)  Syrup containing ingredients specified in §  61.32 (relating to sweetening agents).

   (2)  Wholesome natural or imitation flavoring materials, including extracts of cola, tea, mate or other caffeine bearing extracts or caffeine in such amounts that the total caffeine content shall not exceed 32.4 milligrams per 6 fluid ounces of beverage.

   (3)  Potable water, whether plain or carbonated.

   (4)  Edible harmless organic acids, ortho phosphoric acid and ortho phosphates not in excess of 0.1%.

   (5)  Milk or milk products.

 (a)  Permitted sweetening agents include the following:

   (1)  Carbohydrates in the form of sucrose, dextrose, invert sugar or corn syrup, any one of which may be in dry or syrup form.

   (2)  Pure honey.

   (3)  Saccharin or its salts.

 (b)  Nonalcoholic drinks prepared with synthetic sweetening agents shall not contain any added carbohydrate solids in the form of a sugar or any other carbohydrates in excess of 2.0%, except that when it can be demonstrated that the use of glucose or dextrose in combination with synthetic sweetening agents serves a useful functional purpose other than sweetening, such mixture shall not be prescribed or restricted as to quantity.

 (c)  Nonalcoholic drinks other than those labeled as ‘‘dry’’ and those containing artificial sweetening agents shall contain not less than 8.0% carbohydrate solids by weight.

 (d)  The 8.0% carbohydrate solids requirement shall not apply to mineral waters, cereal beverages and bitter drinks.

 (e)  Cereal beverages and bitter drinks shall contain less than 0.5% alcohol by volume.

 (a)  Preservatives shall be used only when the applicant for license has proved their safety to the satisfaction of the Department of Agriculture.

 (a)  Only caramel color, natural color and certified harmless coal tar colors may be used in nonalcoholic beverages.

 (b)  The presence of color shall be declared, except for caramel color.

FLAVORING STANDARDS

§ 61.41. Mineral waters.

 The following beverages have been found acceptable. Specific flavorings and modifying materials shall be indicated in each category:

   (1)  Banana drink or soda. Banana flavor shall be derived solely from bananas.

   (2)  Birch beer. Flavor shall be derived from the use of wholesome extractives obtained from fruits, herbs, barks, roots, or berries, or sweet birch oil, or oil of wintergreen, or methyl salicylate, vanilla, or an acceptable imitation vanilla flavor. Coumarin is not acceptable.

   (3)  Black cherry drink or soda. Black cherry flavor shall be solely derived from the fruit, with or without other natural flavors.

   (4)  Breakfast citrus drinks. Citrus drinks which by declaration or inference imply that they are intended for use as part of the breakfast meal shall contain not less than 5 milligrams of Vitamin C or ascorbic acid per fluid ounce. The actual amount of Vitamin C or ascorbic acid per fluid ounce shall be declared.

   (5)  Caffeine-containing drinks. Such drinks shall not contain more than 32.4 milligrams of caffeine per 6 fluid ounces of beverage obtained from caffeine or caffeine bearing plant extractives.

   (6)  Celery drink or soda. Celery flavor shall be derived solely from the celery plant.

   (7)  Cherry drink or soda. Cherry flavor shall be derived solely from the fruit, with or without other natural flavors.

   (8)  Chocolate drink. These drinks shall contain cocoa or chocolate liquor, milk or milk products, a stabilizer acceptable to the Department of Agriculture, salt, vanilla or an acceptable imitation vanilla flavor. Coumarin is not acceptable.

   (9)  Chocolate soda. These drinks shall contain cocoa or chocolate liquor.

   (10)  Cream soda. Flavor shall be derived from vanilla flavoring or an acceptable imitation vanilla flavor. Coumarin is not acceptable.

   (11)  Fruit ades, fruit crushes, fruit nectors, fruit punches. Beverages where the name of the fruit is compounded with a prefix or suffix, or is combined with ‘‘ade,’’ ‘‘crush,’’ ‘‘nector,’’ ‘‘punch’’ or similar words, shall have the flavor imparted by the fruit juices of the fruits named and the associated natural, normal flavors, with or without the normal fruit pulp.

   (12)  Ginger ale. Ginger flavor, ginger root, citrus oil or wholesome or pungent plant extractives shall be the flavoring agents.

   (13)  Ginger beer. Ginger flavor, ginger root, citrus oil or wholesome or pungent plant extractives shall be the flavoring agents.

   (14)  Grape ade. Grape juice shall be present in an amount of not less than 15%.

   (15)  Grape drink. The beverage shall contain grape juice with or without grape flavor solely derived from the fruit, and contain not less than 6.0% grape juice.

   (16)  Grape soda. Grape juice or grape flavor shall be solely derived from the fruit, with or without other natural flavors.

   (17)  Grapefruit soda. Grapefruit juice, with or without grapefruit flavor, shall be derived solely from the fruit.

   (18)  Grapefruit drink. Grapefruit juice, with or without grapefruit flavor, shall be solely derived from the fruit. The beverage shall contain not less than 6.0% grapefruit juice.

   (19)  Lemonade. The beverage shall contain lemon juice, with or without terpeneless oil of lemon containing not less than 5.0% lemon juice, and no more pulp than that normally obtained from the amount of juice employed.

   (20)  Lemon drink or soda. The beverage shall contain lemon juice or terpeneless oil of lemon and no more pulp than that normally obtained from the amount of juice employed.

   (21)  Lemon and lime drink or soda. The beverage shall contain lemon juice, lime juice, or terpeneless oil of lemon or lime and no more pulp than that normally obtained from the amount of juice employed shall be present.

   (22)  Lime ade. The beverage shall contain lime juice, with or without terpeneless oil of lime containing not less than 5.0% lime juice, and no more pulp than that normally obtained from the amount of juice employed.

   (23)  Lime drink or soda. The beverage shall contain lime juice, with or without terpeneless oil of lime, and no more pulp than that normally obtained from the amount of juice employed.

   (24)  Lime rickey. The beverage shall contain lime juice, with or without terpeneless oil of lime, and no more pulp than that normally obtained from the amount of juice employed, with or without a clouding agent.

   (25)  Orange ade. The beverage shall contain orange juice, with or without terpeneless oil of orange containing not less than 15% orange juice, and no more pulp than that normally obtained from the amount of juice employed.

   (26)  Orange drink. The beverage shall contain orange juice, with or without terpeneless oil of orange containing not less than 6.0% orange juice, and no more pulp than that normally obtained from the amount of juice employed.

   (27)  Orange soda. The beverage shall contain orange juice or terpeneless oil of orange and no more pulp than that normally obtained from the amount of juice employed.

   (28)  Orange juice drink. The beverage shall contain orange juice, with or without terpeneless oil of orange containing not less than 33% orange juice, and no more pulp than that normally obtained from the amount of juice employed. It shall contain not less than three milligrams of Vitamin C or ascorbic acid per fluid ounce, and the actual amount per fluid ounce shall be declared.

   (29)  Pear drink or soda. Pear flavor shall be derived solely from the fruit.

   (30)  Peach drink or soda. Peach flavor shall be derived solely from the fruit.

   (31)  Pineapple drink or soda. Pineapple flavor shall be derived solely from the fruit.

   (32)  Quinine (Tonic) water. The beverage shall contain a suitable quinine salt, with or without citrus flavors.

   (33)  Raspberry drink or soda. Raspberry flavor shall be derived solely from the fruit with or without other natural flavors.

   (34)  Reconstituted fruit juices. Beverages prepared by dilution of a concentrated fruit juice to its original volume shall be labeled so as to include ‘‘Reconstituted’’ either immediately preceding or immediately following the name of the product in type size which is readily legible. The following example indicates acceptable labeling:

     ‘‘Reconstituted ORANGE JUICE’’ or

     ‘‘ORANGE JUICE Reconstituted’’

   (35)  Root beer. Flavor shall be derived from the use of wholesome extractives obtained from fruits, herbs, barks, roots or berries, or oil of sweet birch, oil of wintergreen, or methyl salicylate, with or without vanilla flavor or an acceptable imitation vanilla flavor, with or without other appropriate ingredients acceptable as safe chemical additives. Coumarin is not acceptable.

   (36)  Sarsaparilla drink or soda. Flavor shall be derived from the use of wholesome extractives obtained from fruits, herbs, barks, roots or berries, or oil of sweet birch, oil of wintergreen, or methyl salicylate, with or without vanilla flavor or an acceptable imitation vanilla flavor, with or without other appropriate ingredients acceptable as safe chemical additives. Coumarin is not acceptable.

   (37)  Strawberry drink or soda. Strawberry flavor shall be derived solely from the fruit.

   (38)  Teaberry drink or soda. The beverage shall contain oil of wintergreen, oil of birch or methyl salicylate.

   (39)  Wild cherry drink or soda. Wild cherry flavor shall be derived solely from the fruit, with or without other natural flavors.

 When other natural flavors are permitted but not used, the words ‘‘true fruit’’ or ‘‘fruity’’ may be used. When other natural flavors are used a declaration of artificial flavor shall not be required.