[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR102.23]
[Page 171-173]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 102--COMMON OR USUAL NAME FOR NONSTANDARDIZED FOODS--Table of Contents
Subpart B--Requirements for Specific Nonstandardized Foods
Sec. 102.23 Peanut spreads.
(a) The common or usual name of a spreadable peanut product that
does not conform to Sec. 164.150 of this chapter, and more than 10
percent of which consists of nonpeanut ingredients, shall consist of the
term ``peanut spread'' and a statement of the percentage by weight of
peanuts in the product in the manner set forth in Sec. 102.5(b), except
[[Page 172]]
that peanut percentages shall be based on the amount of peanuts used to
make the finished food and shall be declared in 5-percent increments
expressed as a multiple of 5, not to exceed the actual percentage of
peanuts in the products.
(b) A spreadable peanut product that is nutritionally inferior to
peanut butter shall be labeled as an imitation of peanut butter under
Sec. 101.3(e)(2) of this chapter; a spreadable peanut product shall be
considered nutritionally equivalent to peanut butter if it meets all of
the following conditions:
(1) Protein. (i) The protein content of the product is at least 24
percent by weight of the finished product, and the overall biological
quality of the protein contained in the product is at least 68 percent
that of casein; or
(ii) The protein content of the product is at least 16.6 percent by
weight of the finished product, and the overall biological quality of
the protein contained in the product is equal to or greater than that of
casein.
(2) Other nutrients. The product contains the following levels of
nutrients per 100 grams of product:
------------------------------------------------------------------------
Amount
Nutrient (milligrams)
------------------------------------------------------------------------
Niacin.................................................... 15.3
Vitamin B6................................................ 0.33
Folic acid................................................ 0.08
Iron...................................................... 2.0
Zinc...................................................... 2.9
Magnesium................................................. 173.0
Copper.................................................... 0.6
------------------------------------------------------------------------
(c) Compliance with the requirements of paragraph (b) of this
section shall be determined by methods described in the following
references except that in determining protein quantity in products with
mixed protein sources a nitrogen conversion factor of 6.25 may be used.
(1) Protein quantity: ``Official Methods of Analysis of the
Association of Official Analytical Chemists'' (AOAC), 13th Ed. (1980),
using the method described in section 27.007, which is incorporated by
reference. Copies may be obtained from the Association of Official
Analytical Chemists International, 481 North Frederick Ave., suite 500,
Gaithersburg, MD 20877-2504, or may be examined at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
(2) Biological quality of protein: AOAC, 13th Ed. (1980), using the
method described in sections 43.212-43.216, which is incorporated by
reference. The availability of this incorporation by reference is given
in paragraph (c)(1) of this section.
(3) Niacin: AOAC, 13th Ed. (1980), using the method described in
sections 43.044-43.046, which is incorporated by reference. The
availability of this incorporation by reference is given in paragraph
(c)(1) of this section.
(4) Vitamin B6: AOAC, 13th Ed. (1980), using the method
described in sections 43.188-43.193, which is incorporated by reference.
The availability of this incorporation by reference is given in
paragraph (c)(1) of this section.
(5) Folic acid: Using the method described in U.S. Department of
Agriculture Handbook No. 29, modified by use of ascorbate buffer as
described by Ford and Scott, Journal of Dairy Research, 35:85-90 (1968),
which is incorporated by reference. Copies are available from the Center
for Food Safety and Applied Nutrition (HFS-800), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or
available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
(6) Iron: AOAC, 13th Ed. (1980), using the method described in
sections 43.217-43.219, which is incorporated by reference. The
availability of this incorporation by reference is given in paragraph
(c)(1) of this section.
(7) Zinc: AOAC, 13th Ed. (1980), using the method described in
sections 25.150-25.153, which is incorporated by reference. The
availability of this incorporation by reference is given in paragraph
(c)(1) of this section.
(8) Copper: AOAC, 13th Ed. (1980), using the method described in
sections 25.038-25.043, which is incorporated by reference. The
availability of this incorporation by reference is given in paragraph
(c)(1) of this section.
(9) Magnesium: AOAC, 13th Ed. (1980), using the method described in
sections 2.109-2.113, which is incorporated by
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reference. The availability of this incorporation by reference is given
in paragraph (c)(1) of this section.
[42 FR 36455, July 15, 1977, as amended at 47 FR 11821, Mar. 19, 1982;
49 FR 5609, Feb. 14, 1984; 54 FR 24891, June 12, 1989; 61 FR 14479, Apr.
2, 1996; 63 FR 14035, Mar. 24, 1998; 66 FR 17358, Mar. 30, 2001; 66 FR
56035, Nov. 6, 2001]