§ 57.42. Specific labeling requirements.
(a) Special designations approved by the Department, suggesting extra milkfat, may be used with milk if the product contains not less the 4% milkfat.
(b) Additives, such as flavors, sweeteners, milk solids, lactose, stabilizers, emulsifiers, vitamins and minerals if used, shall be shown on the label in descending order of predominance. When vitamins, minerals or milk solids are added, the quantity or percentage of United States Recommended Daily Allowance (U.S. RDA) per serving shall be shown on the label.
(c) The word ‘‘Pasteurized’’ shall appear on the label if the product has been pasteurized. Homogenized products shall be so labeled. ‘‘Grade A’’ may precede the designation of a product described in this section, if the processing plant possesses a current Grade A rating, but type size may not be larger than letters in basic product name.
(d) The designation ‘‘Grade AA Pasteurized Milk’’ may appear on the carton or cap if the milk meets the requirements for Grade AA Pasteurized Milk in Chapter 59 (relating to milk sanitation). The size of the type may not be larger than the word ‘‘Milk.’’
(e) Reconstituted products shall be labeled so that the word ‘‘Reconstituted’’ is at least half the size of the name of the product which has been reconstituted and ‘‘Reconstituted’’ shall immediately precede or follow the name of the product.
(f) Protein fortified dairy products shall be labeled so that the words ‘‘Protein Fortified’’ is at least half the size of the name of the product which has been fortified and ‘‘Protein Fortified’’ immediately precede or follow the name of the product. The label shall include the percentage of milk solids not fat added or the percentage of U.S. RDA of protein, vitamins and minerals per serving on the information panel of the container.
(g) If an artificial color is used for a flavored milk other than chocolate, the label shall declare ‘‘Artificially Colored.’’
(h) If an artificial flavor is used for artificially flavored milk, it shall be declared and the product shall be labeled ‘‘Imitation (Name of flavor imitated) Flavored Milk.’’ The word imitation shall be in type at least 1/2 the size of the name of the product imitated.
(i) Lowfat milk shall be labeled so that the words ‘‘Lowfat Milk’’ are the same size and style of type, and the percentage of milkfat shall be shown.
(j) The word ‘‘pasteurized’’ shall appear in letters not less than 1/4 the height of letters in the basic product name. If desired, letters used in modifying terms and ‘‘pasteurized’’ may be the same size, but never larger than the product name. Printing shall be readily legible.
(k) Products which are cultured or acidulated after pasteurization may be alternately labeled ‘‘Made from pasteurized dairy products.’’
(l) A food is deemed to be misbranded if one of the following apply:
(1) It is an artificial dairy product as defined in § 57.1 (relating to definitions). A food is not misbranded if its label bears the word ‘‘artificial,’’ and immediately thereafter, the name of the standardized food imitated, and the letters in the word ‘‘artificial’’ and in the name of the standardized food imitated are in type of uniform size, style and prominence.
(2) It contains an ‘‘artificial dairy product’’ defined in § 57.1 as an ingredient which replaces portions of basic compositional ingredients in a food and is not labeled with the phrase ‘‘contains artificial
’’—the blank filled in with names of the basic compositional ingredients being simulated—immediately following the name of the food.(m) If specific labeling requirements are not prescribed in this section, 21 CFR Part 131 (relating to milk and cream) shall be followed.
Source The provisions of this § 57.42 adopted November 28, 1975, effective November 29, 1975, 5 Pa.B. 3100; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3285; corrected October 6, 1989, effective September 6, 1986, 19 Pa.B. 4276. Immediately preceding text appears at serial pages (137948) to (137950).
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