[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30869]
[[Page Unknown]]
[Federal Register: December 15, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 135
[Docket No. 88P-0251]
Frozen Desserts: Removal of Standards of Identity for Ice Milk
and Goat's Milk Ice Milk; Amendment of Standards of Identity for Ice
Cream and Frozen Custard and Goat's Milk Ice Cream; Confirmation of
Effective Date
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; confirmation of effective date.
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SUMMARY: The Food and Drug Administration (FDA) is confirming the
effective date of September 14, 1995, for compliance with the final
rule that appeared in the Federal Register of September 14, 1994 (59 FR
47072), that amended the frozen desserts standards of identity. Among
other things, the amendments removed the standard of identity for ice
milk and amended the standard of identity for ice cream and frozen
custard to provide for the use, in these foods, of safe and suitable
sweeteners; skim milk that may be concentrated, and from which part or
all of the lactose has been removed by a safe and suitable procedure;
and hydrolyzed milk proteins as stabilizers. This rule also removed the
standard of identity for goat's milk ice milk and made comparable
changes in the standard of identity for goat's milk ice cream, which
cross-references the standard of identity for ice cream and frozen
custard. The rule also required that all sweeteners other than
nutritive carbohydrate sweeteners used in ice cream and frozen custards
be declared as part of the name of the food until September 14, 1998.
DATES: Effective September 14, 1995, for all products initially
introduced or initially delivered for introduction into interstate
commerce on or after this date. Compliance with this rule may have
begun on September 14, 1994. All sweeteners other than nutritive
carbohydrate sweeteners used in ice cream and frozen custard products
must be declared as part of the name of the food until September 14,
1998.
FOR FURTHER INFORMATION CONTACT: Nannie H. Rainey, Center for Food
Safety and Applied Nutrition (HFS-158), Food and Drug Administration,
200 C St. SW., Washington, DC 20204-0002, 202-205-5099.
SUPPLEMENTARY INFORMATION:
In the Federal Register of September 14, 1994 (59 FR 47072), FDA
amended the standards of identity for frozen desserts: (1) To remove
the standards of identity for ice milk (Sec. 135.120 (21 CFR 135.120))
and goat's milk ice milk (Sec. 135.125 (21 CFR 135.125)); and (2) to
amend the standards of identity for ice cream and frozen custard
(Sec. 135.110 (21 CFR 135.110)), and, by cross-reference, goat's milk
ice cream (Sec. 135.115 (21 CFR 135.115)), to provide for the use in
these foods, of safe and suitable sweeteners and to allow for the use
of skim milk that may be concentrated, and from which part or all of
the lactose has been removed by a safe and suitable procedure, in the
food. FDA also amended the standard of identity for ice cream and
frozen custard to provide for the optional use of hydrolyzed milk
proteins as stabilizers in the food at a level not to exceed 3 percent
by weight to ice cream mix containing not less that 20 percent total
milk solids, provided that any whey and modified whey products used
contribute, singly or in combination, not more than 25 percent by
weight of the total nonfat milk solids content of the finished food.
FDA also amended the standard of identity for ice cream and frozen
custard (Sec. 135.110) to provide for the use of sweeteners other than
nutritive carbohydrate sweeteners. When such sweeteners are used in the
food, their presence must be declared as part of the name of the food
until September 14, 1998, to ensure that consumers will have an
opportunity to become familiar with these new food products. After that
time, the use of these sweeteners in ice cream will have to be
reflected only in the ingredient statement on the label of the food.
FDA gave interested persons until October 14, 1994, to file
objections or requests for a hearing. The agency received no objections
or requests for a hearing on the final rule. Therefore, FDA has
concluded that the final rule published in the Federal Register of
September 14, 1994, should be confirmed.
List of Subjects in 21 CFR Part 135
Food grades and standards, Food labeling, Frozen foods, Ice cream.
Therefore, under the Federal Food, Drug, and Cosmetic Act (secs.
201, 401, 403, 409, 701, 721 (21 U.S.C. 321, 341, 343, 348, 371, 379e))
and under authority delegated to the Commissioner of Food and Drugs (21
CFR 5.10), and redelegated to the Director, Office of Food Labeling,
Center for Food Safety and Applied Nutrition (21 CFR 5.62), notice is
given that the amendments of part 135 that were set forth in the
Federal Register of September 14, 1994 (59 FR 47072) become effective
September 14, 1995. Compliance with the amendments may have begun on
September 14, 1994.
Dated: December 1, 1994.
F. Edward Scarbrough,
Director, Office of Food Labeling, Center for Food Safety and Applied
Nutrition.
[FR Doc. 94-30869 Filed 12-14-94; 8:45 am]
BILLING CODE 4160-01-F