Section 39.19. Nonfruit sherbet

(a) Description.

(1) Nonfruit sherbet is a food having a characteristic fruit flavor, but it shall not contain any fruit or fruit juice. Nonfruit sherbet is prepared by freezing while stirring pasteurized mix consisting of one or more of the optional dairy ingredients specified in subsection (b). Nonfruit sherbet may contain one or more of the optional caseinates specified in subsection (c), subject to the conditions set forth in this section, and any other safe and suitable nonmilk derived ingredients. Nonfruit sherbet shall exclude 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 1.0% nor more than 2.0%, the nonfat milk derived solids content not less than 1.0%, and 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.

(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 concentrate, 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) 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. The caseinates are not considered to be milk solids.

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

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

(1) Contain a complete list of ingredients, in accordance with 21 CFR 101.4 (relating to food; designation of ingredients).

(2) Comply with 21 CFR 101.22 (relating to foods; labeling of spices, flavorings, colorings and chemical preservatives).

(3) Contain the following statement ‘‘Imitation

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sherbet.’’ The blank is 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) shall be followed immediately by the words ‘‘contains no fruit or fruit juice’’ in letters at least half the size of those used in paragraph (3).

(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).

(6) When nonfruit sherbet is sold other than in properly labeled factory filled containers, a sign or menu board shall be conspicuously displayed on the sale premises or vehicle where it can be clearly read by customers under normal conditions of purchase, stating the name of the food and the information required in paragraphs (3) and (4). The statement shall be in reasonable proximity to the menu items containing nonfruit sherbet and the letters in the statement shall be bold face capitals at least as large as the letters used in listing items containing nonfruit sherbet. A menu listing nonfruit sherbet or items prepared with nonfruit sherbet shall conform to this paragraph.

(7) The sign or menu board required under paragraph (6) need not be used if the only method of advising customers on what items are being offered for sale is a menu furnished to the customer. In such case, the menu shall contain the name of the food and the information required in paragraphs (3), (4) and (6).

The provisions of this § 39.19 adopted June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242.