[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: 21CFR163.155]

[Page 515-516]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 163--CACAO PRODUCTS--Table of Contents
 
    Subpart B--Requirements for Specific Standardized Cacao Products
 
Sec. 163.155  Milk chocolate and vegetable fat coating.

    (a) Description. Milk chocolate and vegetable fat coating is the 
food that

[[Page 516]]

conforms to the standard of identity, and is subject to the requirements 
for label declaration of ingredients for milk chocolate in Sec. 163.130 
or skim milk chocolate in Sec. 163.140, except that one or more optional 
ingredients specified in paragraph (b) of this section are used. 
Compliance with the requirement in Sec. 163.130(a)(2) that the product 
contains not less than 12 percent by weight of nonfat milk solids shall 
be calculated using only those dairy ingredients referred to in 
Sec. 163.130(b)(4), exclusive of any added sweetener or other dairy-
derived ingredient that is added beyond that amount that is normally 
present in the specified dairy ingredient.
    (b) Optional ingredients. (1) Safe and suitable vegetable derived 
oils, fats, and stearins other than cacao fat. The oils, fats, and 
stearins may be hydrogenated;
    (2) Safe and suitable dairy-derived ingredients; and
    (3) Safe and suitable bulking agents, formulation aids, humectants, 
and texturizers.
    (c) Nomenclature. The name of the food is ``milk chocolate and 
vegetable fat coating'' or ``skim milk chocolate and vegetable fat 
coating'', as appropriate. Alternatively, the common or usual name of 
the vegetable derived fat ingredient may be used in the name of the 
food, e.g., ``milk chocolate and ______ oil coating'', the blank being 
filled in with the common or usual name of the specific vegetable fat 
used.