N.J. Admin. Code § 8:21-7.7
Current through Register Vol. 56, No. 11, June 3, 2024
Section 8:21-7.7 - Frozen yogurt; identity; label statement(a) Rules concerning description of frozen yogurt are as follows: 1. Frozen yogurt is the food produced by freezing, while stirring, a mix containing safe and suitable ingredients, including, but not limited to, dairy ingredients, but excluding chemical preservatives. The mix may be homogenized and all of the dairy ingredients shall be pasteurized or ultrapasteurized. All or a portion of the dairy ingredients shall be cultured with a characterizing live bacterial culture that shall contain the lactic acid-producing bacteria Lactobacillus bulgaricus and Streptococcus thermophilus, and may contain other lactic acid-producing bacteria. The culturing of all or a portion of the dairy ingredients must take place to the extent that the finished, unflavored mix has an increased titratable acidity, calculated as lactic acid, and a decreased pH as a result of the fermentation process. The titratable acidity of the finished, unflavored frozen yogurt mix shall have been increased by a minimum of 0.15 percent, calculated as lactic acid, as a result of the fermentation process. Food grade acids or other acidogens may not be used for the purpose of raising the titratable acidity of the mix or lowering the pH. The frozen yogurt mix shall contain the characterizing live yogurt culture organisms. Sweetener(s), flavoring(s), color additive(s), and/or other characterizing food ingredients may be added to the mix before or after pasteurization or ultra-pasteurization, provided that any ingredient addition after pasteurization or ultra-pasteurization is done in accordance with good manufacturing practices. Any dairy ingredients added after culturing shall have been pasteurized or ultra-pasteurized. The standard plate count requirement for frozen desserts shall apply only to the dairy ingredients prior to culturing.2. Frozen yogurt, before addition of bulky characterizing ingredient(s) or sweetener(s) shall contain not less than 3.25 percent milkfat and 8.25 percent milk solids not fat. Frozen yogurt shall contain not less than 1.3 pounds of total solids per gallon, and shall weigh not less than 4.0 pounds per gallon.(b) The name of the food is "frozen yogurt." The name of the food shall be accompanied by a declaration indicating the presence of any characterizing flavoring as specified in 21 CFR 101.22.(c) Each of the ingredients used in the food shall be declared on the label as required by 21 CFR 101.(d) Frozen yogurt may be sold from a dispensing freezer or may be dipped from a properly labeled bulk container. When frozen yogurt is sold as provided above, a sign shall be displayed in such a location as it can be easily read by customers under normal conditions of sale, stating "Frozen Yogurt Sold Here."1. Such sign shall be in bold face capitals on a contrasting background. In addition, if items containing frozen yogurt are listed on a menu board the statement "Frozen Yogurt Served Here" shall be included on the menu board in reasonable proximity to the items containing frozen yogurt. The letters in such statement shall be bold face capitals at least as large as the letters used in listing items containing frozen yogurt and on a contrasting background.2. No such sign or menu board declaration shall be required if the only method of advising customers of what items are being offered for sale is a menu furnished to the customer. In such case, the menu shall contain the statement "Frozen Yogurt Served Here." Such statement shall be in reasonable proximity to the menu items containing frozen yogurt and the letters on such statement shall be bold face capitals at least as large as the letters used in listing items containing frozen yogurt. Any menu listing frozen yogurt or items prepared with frozen yogurt shall conform to the provisions of this paragraph.N.J. Admin. Code § 8:21-7.7
Amended by R.1990 d.563, effective 11/19/1990.
See: 22 New Jersey Register 2465(a), 22 New Jersey Register 3559(a).
Text deleted and replaced with latest FDA standard.
Recodified from N.J.A.C. 8:21-7.9 by R.1998 d.341, effective 7/6/1998.
See: 30 New Jersey Register 1361(a), 30 New Jersey Register 2516(c).
Former N.J.A.C. 8:21-7.7, Goat's milk ice cream; identity; label statement, repealed.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).