196.856. Definitions of products subject to law.

MISSOURI STATUTES AND CODES

196.856. Definitions of products subject to law.

Definitions of products subject to law.

196.856. Only ingredients or products recognized by the department ofhealth and senior services in properly adopted rules may be used in additionto those ingredients or products defined in this section. For the purpose ofsections 196.851 to 196.895 the products within their purview are defined asfollows, and in each instance it is implied that the product is clean andsound:

(1) "Ice cream" is the food prepared by freezing, while stirring, apasteurized mix composed of one or more of the optional dairy ingredientsspecified in subdivision (2) of this section, sweetened with one or more ofthe optional sweetening ingredients specified in subdivision (3) of thissection, flavored with one or more of the optional flavoring ingredientsspecified in subdivision (4) of this section; one or more of the optional eggingredients specified in subdivision (5) may be used; one or more of theoptional stabilizing ingredients specified in subdivision (6) may be used; oneor more of the optional acidity standardizing ingredients specified insubdivision (7) may be used subject to the conditions set forth insubdivisions (5), (6) and (7), as the case may be. U.S. certified food colormay be added. The mix may be seasoned with salt and may be homogenized.Water may be added. The kind and quantity of optional dairy ingredients used,and the content of milk fat and total milk solids are such that the weight ofmilk fat and total milk solids are not less than ten percent and twentypercent, respectively, of the weight of the finished ice cream. If one ormore of the optional flavoring ingredients specified in paragraphs (d), (e),(f), (g), (h) and (i) of subdivision (4) of this section are used, the weightof milk fat and total milk solids are not to be less than ten percent andtwenty percent, respectively, except for such reduction in milk fat and intotal milk solids as is due to the addition of one or more of the optionalingredients specified in paragraphs (d), (e), (f), (g), (h) and (i) ofsubdivision (4) of this section but in no case shall it contain less thaneight percent of milk fat nor less than sixteen percent of total milk solids.Ice cream shall contain not less than one and six-tenths pounds of total foodsolids per gallon and shall weigh not less than four and one-half pounds pergallon.

(2) The optional dairy ingredients are sweet cream, dried cream, butter,butter oil, concentrated milk fat, milk, concentrated milk, evaporated milk,sweetened condensed milk, superheated condensed milk, dried milk, skim milk,concentrated (evaporated or condensed) skim milk, superheated condensed skimmilk, sweetened condensed skim milk, sweetened condensed partly skimmed milk,nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk,condensed sweet cream buttermilk, dried sweet cream buttermilk, and any of theforegoing products from which all or a portion of the lactose has been removedafter crystallization or the lactose has been converted to simple sugars byhydrolysis. Harmless optional ingredients may be used to prevent fatoxidation in any of the foregoing optional dairy ingredients in an amount notexceeding five-thousandths of one percent of the weight of the milk fatpresent in any of such dairy ingredients. Sour cream shall never be used asan ingredient.

(3) The optional sweetening ingredients are sugar, liquid sugar,dextrose, invert sugar (paste or sirup), lactose, fructose, corn sugar, driedor liquid corn sirup, maple sirup, maple sugar, honey, brown sugar, maltsirup, dried malt extract, molasses (other than blackstrap) and any othernutritive sweetening ingredient approved by the federal Food and DrugAdministration.

(4) The optional flavoring ingredients are:

(a) Natural food flavoring;

(b) Artificial food flavoring;

(c) Fruit juices, which may be fresh, frozen, canned, concentrated ordried and which may be sweetened and thickened with one or more of theoptional stabilizing ingredients specified in subdivision (6);

(d) Chocolate;

(e) Cocoa;

(f) Fruit which may be fresh, frozen, canned, concentrated, shredded,pureed, comminuted or dried and which may be sweetened, thickened withstabilizer, and acidulated with citric, tartaric, malic, lactic or ascorbicacid;

(g) Nut meats;

(h) Confectionery; and

(i) Vanilla flavoring may be fortified with vanillin only.

(5) Optional egg ingredients are liquid eggs, frozen eggs, dried eggs,egg yolks, frozen yolks, dried yolks; however, the total weight of egg yolksolids used singly, or in combination of two or more, must be less than theminimum prescribed in subdivision (8) for French ice cream.

(6) The optional stabilizing ingredients are gelatin, algin, extractiveof Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locustbean gum, gum tragacanth, cellulose gum, guar seed gum, monoglycerides ordiglycerides or both of fat forming fatty acids or other harmless stabilizersor emulsifiers; but the total weight of the active material contained in thesolids of any such ingredient used singly, or of any combination of two ormore such ingredients used, is not more than one-half of one percent of theweight of the finished ice cream.

(7) The following harmless optional ingredients or combination of suchingredients may be added to control viscosity, adjust protein stability andadjust pH of the combined mix ingredients:

(a) Sodium bicarbonate;

(b) Magnesium oxide as such or as carbonate or hydroxide;

(d) Sodium citrate;

(e) Sodium phosphates. The total ingredients (a) through (c) shall not exceed one-tenth of onepercent by weight of the finished mix; nor shall the weight of ingredients (d)and (e) exceed two-tenths of one percent by weight of the finished mix. It isfurther provided that the percentage of developed lactic acid in the mix priorto the addition of the above listed optional ingredients shall not exceedthree one-thousandths of one percent by weight for each one percent ofmilk-solids-not-fat present in the mix.

(8) "French ice cream", "frozen custard", "French custard ice cream"conforms to the definition and standard of identity prescribed for ice creamby subdivision (1) that one or more of the optional egg ingredients permittedby subdivision (5) are used in such quantity that the total weight of egg yolksolids therein is not less than one and four-tenths percent of the weight ofthe finished French ice cream, except when any of the optional flavoringingredients specified in paragraphs (d), (e), (f), (g), (h) and (i) ofsubdivision (4) of this section are used, in which case the weight of the eggyolk solids is not less than one and twelve-hundredths percent of the weightof the finished French ice cream.

(9) "Ice milk" conforms in all respects to the definition and standardof identity for ice cream prescribed in subdivision (1), except that itcontains not less than two percent but not more than seven percent of milkfat and not less than fourteen percent total milk solids and except that itcontains not less than one and three-tenths pounds of food solids per gallon.

(10) "Sherbet" is the food prepared by freezing, while stirring, a mixcomposed of one or a combination of the optional pasteurized dairy ingredientsspecified in subdivision (2), one or more of the optional sweeteningingredients specified in subdivision (3), fruit, fruit juice, or flavoring ashereinafter provided. It may contain one or more of the optional stabilizingingredients specified in subdivision (6) or pectin provided the weight of suchstabilizer is not more than one-half of one percent of the weight of thefinished sherbet. The kind and quantity of optional dairy ingredients used issuch that the total milk solids content is not more than five percent byweight of the finished sherbet and the milk fat content is not more than twopercent and not less than one percent by weight of the finished sherbet. Itcontains fruit or fruit juice as prescribed in subdivisions (1), (2), (3) and(6) of subsection 4 of this section. It may contain citric, tartaric, malic,phosphoric, or lactic acid. The acidity of the finished sherbet shall be notless than thirty-five hundredths of one percent of acid as determined bytitrating with standard alkali and expressed as lactic acid. It weighs notless than six pounds per gallon.

(11) "Water ice" conforms in all respects to the definition and standardof identity for sherbet prescribed in subdivision (10) except that it does notcontain any of the optional dairy ingredients and consequently does not meetthe provision respecting total milk solids and milk fat.

(12) "Mellorine" is a vegetable fat frozen dessert product which is aclean, frozen or semifrozen food prepared by freezing, while stirring, apasteurized mix composed of edible vegetable fats, milk solids not fat, sugaror optional sweetening ingredients and optional flavoring ingredients asdefined in section 196.856. It may contain one or more optional stabilizingingredients and emulsifiers as specified in subdivision (6) of this section,in an amount not exceeding one percent of active ingredients, whether usedsingly or in combination, of the weight of the finished product.

(13) "Edible fats", the edible natural fats derived from vegetable ormilk sources including only such milk fat as is normally contained in theproducts enumerated in subdivision (2) of this section; the food fats may behydrogenated or nonhydrogenated. Harmless optional ingredients may be used toprevent fat oxidation in an amount not exceeding five-thousandths percent ofthe weight of the fat used.

(14) "Milk solids not fat", skim milk, concentrated (evaporated orcondensed) skim milk, superheated condensed skim milk, sweetened condensedskim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet creambuttermilk (whether fluid, condensed or dried), and any of the foregoingproducts from which all or a portion of the lactose has been removed aftercrystallization or the lactose has been converted to simple sugar byhydrolysis.

(15) "Mix" or "mixes", the liquid which contains the ingredients of avegetable or milk fat frozen dessert product and which, after freezing,becomes the vegetable or milk fat frozen dessert product.

(16) "Frozen dietary dairy dessert" and "frozen dietary desserts" is afood for any special dietary use, prepared by freezing, with or withoutagitation, composed of a pasteurized mix which may contain edible fat,protein, carbohydrates, natural or artificial sweeteners, flavoringstabilizers, emulsifiers, vitamins and minerals.