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FEDERAL

REGISTER
9 3 4

VOLUME 9

Í/A/ITEO

NUMBER 243

Washington, Wednesday, December 6, 1944
Regulations TITLE 21FOOD AND DRUGS
Chapter IFood and Drug Administra tion, Federal Security Agency Docket No. FDC-26
P art 14 C acao P roducts DEFINITIONS AND STANDARDS OF IDENTITY

By virtue of the authority vested in the Federal Security Administrator by provisions of the Federal Pood, Drug and Cosmetic Act secs. 401, 701; E2 Stat.
1046, 1055;- 21 U.S.C. 341, 371, 1940 ed. ;
the Reorganization Act of 1939 53 Stat.
561 f t ; 5 U.S.C. 133-133V Supp. V, 1939 ; and Reorganization Plans No. I
53 Stat. 1423 and No. IV 54 Stat.
1234 ; upon the basis of evidence of rec ord herein; and upon consideration of exceptions filed to the proposed order issued by the Acting Federal Security Administrator on April 8, 1944 9 F.R.
3911, the following order is hereby pro mulgated:
Findings of fact Cacao nibs. 1. The dried or cured cacao bean is the basic raw material from which cacao products are made.
2. The cacao product commonly and usually known as cacao nibs, cocoa nibs, or cracked cocoa, is prepared by clean ing, heating, cracking, and removing the shell therefrom see finding 4.
3. The shell o f the cacao bean is a hard, fibrous, and unpalatable material of little nutritional value. It has only limited commercial uses and sells at prices very much lower than the prices of cacao nibs. The presence of excess shell in nibs used in the manufacture of cacao products results in a coarse, gritty, and cheapened product; it has long been the practice of manufacturers to remove the shell as completely as is practicable.
4. The shell is removed from cacao nibs by sieving and winnowing the cleaned, heated, and cracked beans. The extent to which it is practicable to re move the shell from the nibs depends on several factors, including the equip ment used, the variety of the cacao
beans, the manner of curing, and. the extent of heating. Although the shell is usually removed to such extent that the finished cacao mibs contain not more than about 1 percent by weight of shell, it is difficult to remove the shell of some cacao beans down to 1.5 percent. When good manufacturing practices are fol lowed, a limit of not more than 1.75 per cent by weight is a practicable and rea sonable maximum for shell in the cacao nibs.
5. The quantity of shell in cacao nibs can be determined accurately by the method prescribed in Official and Ten tative Methods of Analysis of the Asso ciation of Official Agricultural Chem ists, Fifth Edition, 1940, beginning on page 208 under the heading Shell in Cacao Nibs Tentative. This publica tion, hereinafter referred to as Meth ods of AnalysisA. O. A. C., 5th Ed. , is well known to and commonly used by food chemists.
6. Sometimes manufacturers heat all or part of a given lpt of cacao nibs, or the cacao beans from which such nibs are made, with one or more alkalis. The effect of such alkali processing is to darken the color of the nibs, to change their flavor, aroma, and perhaps other physical or chemical characteristics.
These changed characteristics render the nibs more desirable for some uses, and appear in finished cacao products made from cacao nibs so processed.
7. One or more of the following alkalis áre used in the processing of cacao nibs and are suitable for such use in a quan tity not greater than that specified in finding 9: Ammonium carbonate, am monium bicarbonate, ammonium hy droxide, magnesium carbonate, magne sium oxide, potassium carbonate, potas sium bicarbonate; potassium hydroxide, sodium carbonate, sodium bicarbonate, and sodium hydroxide. They are added as such or in water solutions.
8. When used in reference to alkaliprocessed cacao products the term al kali is the name whereby the sub stances specified in finding 7 are desig nated collectively, and such term is com monly used as an alternative to the speContinued on next page
CONTENTS
REGULATIONS AND NOTICES
A l ie n P r o per ty C u s t o d ia n :

Vesting orders:
American Felsol Co. 2 docu ments_______ ____ 14344, Bierend, Helena_____________
Busch, Margaretha 2 docu ments_____ _____
Eck, Gustav__________________
Gradl, Christoph____________
Hermann, Anna-__________
Kalmbach, Anna Elizabeth___
Kovacs, Steve________________
Lindenberg, Minna________
Oppenheimer, Julius_______
Pouch, Frank_______________
Rikimaru Bros. & Co________
Shutoku, Teru______________

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C oast G uard :

Inspection and navigation;
miscellaneous amendments. 14342
F ederal C o m m u n ic a tio n s C o m m is
s io n :

Hearing; Hiawathaland Broadcasting Co_______________ 14344
F ood
and
D rug A d m in is t r a t io n :

Cacao products; definitions and standards of identity______ 14329
o f f ic e of
D efense T r a n s po r t a tio n :

Certificates of war necessity, procedure for review of terms and conditions______ 14343
O ffice
of
P rice A d m in is t r a t io n :

Adjustments i General Electric Co_________ 14350
Korth, Fred W., & Co________ 14350
Sun Oil Co_________________ . 14350
Dairy products RM PR 289, Am.
18___
14339
Dry-cleaning or pressing estab lishments, posting require ments RM PR 165, Order 42 _____
14349
Electric irons itev. SR 14, Am.
192 _______________________ 14341
Fuel oil Rev. RO 11, Am. 3 8 1 4 3 4 1
Mica M PR 347, Order 8 _____ 14351
Onion sets 2d Rev. M PR 371, Am. 1____________
14341
Wooden boxes, industrial 2d Rev. M PR 195, Am. 1 ____ 14340
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