Section 39.18. Sherbet

(a) Description.

(1) Sherbet is a food produced by freezing, while stirring, a pasteurized mix consisting of one or more of the optional dairy ingredients specified in subsection (b), and may contain one or more of the optional caseinates specified in subsection (c), subject to the conditions set forth in this section, and other safe and suitable nonmilk derived ingredients. Sherbet excludes other food fats, except those added in small amounts to accomplish specific functions or natural components of flavoring ingredients used. Sherbet is sweetened with nutritive carbohydrate sweeteners and is characterized by the addition of one or more of the characterizing fruit ingredients specified in subsection (d) or one or more of the nonfruit characterizing ingredients specified in subsection (e).

(2) Sherbet weighs not less than 6 pounds to the gallon. The milkfat content is not less than 1.0% nor more than 2.0%. The nonfat milk derived solids content is not less than 1.0%. The total milk or milk derived solids content is not less than 2.0% nor more than 5.0% by weight of the finished food. Sherbet characterized by a fruit ingredient shall have a titratable acidity, calculated as lactic acid, of not less than 0.35%.

(b) Optional dairy ingredients. The optional dairy ingredients referred to in subsection (a) are: Cream, dried cream, plastic cream, (sometimes known as concentrated milkfat), 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, such as, reduced lactose whey reduced minerals whey, and whey protein concentrates, that have been determined by the Food and Drug Administration 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%, has a titratable acidity of not more than 0.17%, 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 subsection (a ) which may be added to sherbet mix 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) Optional fruit characterizing ingredients. The optional fruit characterizing ingredients referred to in subsection (a) are any mature fruit or the juice of any mature fruit. The fruit or fruit juice used may be fresh, frozen, canned, concentrated, or partially or wholly dried. The fruit may be thickened with pectin or other optional ingredients. The fruit is prepared by the removal of pits, seeds, skins, and cores, where such removal is usual in preparing that kind of fruit for consumption as fresh fruit. The fruit may be screened, crushed, or otherwise comminuted. The fruit may be acidulated. In the case of concentrated fruit or fruit juice, from which part of the water is removed, substances contributing flavor volatilized during water removal may be condensed and reincorporated in the concentrated fruit or fruit juice. In the case of citrus fruits, the whole fruit, including the peel but excluding the seeds, may be used. In the case of citrus juice or concentrated citrus juices, cold-pressed citrus oil may be added in an amount not exceeding that which would have been obtained if the whole fruit had been used. The quantity of fruit ingredients used is such that, in relation to the weight of the finished sherbet, the weight of fruit or fruit juice, including water necessary to reconstitute partially or wholly dried fruits or fruit juices to their original moisture content, is not less than 2.0% in the case of citrus sherbets, 6.0% in the case of berry sherbets, and 10% in the case of sherbets prepared with other fruits. For the purpose of this section, tomatoes and rhubarb are considered as kinds of fruits.

(e) Optional nonfruit characterizing ingredients. The optional nonfruit characterizing ingredients referred to in subsection (a) include, but are not limited to, the following:

(1) Ground spice or infusion of coffee or tea.

(2) Chocolate or cocoa, including syrup.

(3) Confectionery.

(4) Distilled alcoholic beverage, including liqueurs or wine, in an amount not to exceed that required for flavoring the sherbet.

(5) Any natural or artificial food flavoring, except any having a characteristic fruit or fruit-like flavor.

(f) Nomenclature.

(1) The name of each sherbet is as follows:

(i) The name of each fruit sherbet is

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sherbet, the blank being filled in with the common name of the fruits from which the fruit ingredients used are obtained. When the names of two or more fruits are included, such names shall be arranged in order of predominance, if any, by weight of the respective fruit ingredients used.

(ii) The name of each nonfruit flavored sherbet is

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sherbet, the blank being filled in with the common or usual name or names of the characterizing flavor or flavors, for example, ‘‘peppermint,’’ except that if the characterizing flavor used is vanilla, the name of the food is

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sherbet, the blank being filled in as specified by § 39.12(e)(2) and (8) (relating to ice cream and frozen custard).

(2) When the optional ingredients, artificial flavoring, or artificial coloring are used in sherbet, they shall be named on the label as follows:

(i) If the flavor ingredients consist exclusively of artificial flavoring, the label designation shall be ‘‘artificially flavored.’’

(ii) If the flavoring ingredients are a combination of natural and artificial flavors, the label designation shall be ‘‘artificial and natural flavoring added.’’

(iii) The label shall designate coloring by the statement ‘‘artificially colored,’’ ‘‘artificial coloring added,’’ ‘‘with added artificial coloring,’’ or ‘‘

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, an artificial color added,’’ the blank being filled in with the name of the artificial coloring used.

(g) Characterizing flavors. Wherever there appears on the label any representation as to the characterizing flavors of the food and such flavors consist in whole or in part of artificial flavoring, the statement required by subsection (f)(2)(i) and (ii), as appropriate, shall immediately and conspicuously precede or follow such representation, without intervening written, printed, or graphic matter, except that the word ‘‘sherbet’’ may intervene, in a size reasonably related to the prominence of the name of the characterizing flavor and in any event the size of the type shall not be less than 6-point on packages containing less than 1 pint, not less than 8-point on packages containing at least 1 pint but less than one-half gallon, not less than 10-point on packages containing at least one-half gallon but less than 1 gallon, and not less than 12-point on packages containing 1 gallon or over.

(h) Display of statements required. Except as specified in subsection (g), the statements required by subsection (f)(2) shall be set forth on the principal display panels of the label with such prominence and conspicuousness as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(i) Label declarations. Each of the optional ingredients used shall be declared on the label, as required by the applicable sections of 21 CFR Part 101 (relating to food labeling).

The provisions of this § 39.18 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242. Immediately preceding text appears at serial pages (1512) to (1513).

Notation

Cross References

This section cited in 7 Pa. Code § 39.20 (relating to water ice).