Section 39.23. Frozen yogurt

(a) Frozen yogurt is the food which is prepared by freezing while stirring a pasteurized mix consisting of the ingredients permitted for ice cream in § 39.12 (relating to ice cream and frozen custard), except that a sweetner that has been affirmed as generally recognized as safe or has been approved as a food additive for this use by the FDA may be used in place of, or in combination with, nutritive carbohydrate sweetners.

(1) The ingredients are cultured after pasteurization by one or more strains of Lactobacillus bulgaricus and Streptococcus thermophilus.

(2) Fruit, nuts or other flavoring materials may be added before or after the mix is pasteurized and cultured.

(3) The standard plate count requirement for frozen desserts applies to the mix prior to culturing.

(b) Frozen yogurt, exclusive of flavoring, contains not less than 3.25% milkfat, not less than 8.25% milk solids not fat and has a titratable acidity of at least 0.3% expressed as lactic acid. If the titratable acidity of the frozen yogurt mix is less than 0.3%, the manufacturer may establish compliance with this section by disclosing to the Department quality control records that demonstrate as a result of bacterial culture fermentation at least a 0.15% increase in titratable acidity, calculated as lactic acid, above the apparent titratable acidity of the uncultured dairy ingredients in the frozen yogurt mix. This characteristic acidity is developed as a result of the bacterial activity, and no heat or bacteriostatic treatment, other than refrigeration, which results in destruction or partial destruction of the organisms, may be applied to the product after culturing. The finished yogurt shall weigh at least 5 pounds per gallon. The name of the food is frozen yogurt.

(c) In addition to other required information, the label shall contain a complete list of ingredients, in accordance with 21 CFR 101.4 and 101.22 (relating to food; designation of ingredients and foods; labeling of spices, flavorings, colorings and chemical preservatives). On the label of frozen yogurt the strains of bacteria may be collectively referred to as yogurt culture.

The provisions of this § 39.23 adopted March 25, 1970; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2242; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5019. Immediately preceding text appears at serial page (89860).