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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations yogurt, e.g., by adjustment of the fat content, at the end of the process rather than the beginning, would reduce water usage for cleaning blend storage silos and flushing lines between blends. The comment also stated that energy costs would be reduced because the pasteurizer could operate more efficiently with fewer stoppages for changeovers between blends.
Response 15 We decline to revise the rule to permit optional dairy ingredients after culturing, regardless of whether the optional dairy ingredients are pasteurized and handled in a manner to prevent post-pasteurization contamination. The goal of the standard of identity is to preserve the basic nature and the essential characteristics of yogurt consistent with consumer expectations. Yogurt has long been considered a cultured dairy product where the dairy ingredients are combined and cultured together. As we explained in response 5, the yogurt standard must ensure that the cultured and fermented yogurt reaches the desired titratable acidity 0.7 or maximum pH of 4.6 solely by the fermentation action of bacterial culture.
This ensures not only the taste and texture characteristics of yogurt are developed, but also maintains the products safety and characteristics.
Unlike cottage cheese, adding optional dairy ingredients after culturing is not consistent with the development of yogurts characteristic flavor and acidity. Because more than 90 different compounds are responsible for the flavor and aroma of fermented yogurt Ref. 3, it is essential that the dairy ingredients be cultured together.
Likewise, regardless of the potential to conserve water and energy in manufacturing, the addition of pasteurized milk-derived ingredients after culturing at the end of the process, rather than the beginning, may negatively affect the essential characteristic flavor and aroma of yogurt. Therefore, we decline to revise the rule to permit the addition of milkderived ingredients after culturing.
Comment 16 One comment agreed with our proposal to not require a minimum amount of dairy ingredients.
Another comment stated that we should set a percentage higher than 51 percent because, according to the comment, yogurt should be mostly made of dairy ingredients.
Response 16 As explained in the proposed rule, the yogurt standard requires a minimum milkfat of 3.25
percent and a minimum of milk solids not fat of 8.25 percent before the addition of bulky flavoring ingredients 74 FR 2443 at 2447. As noted
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previously, the 3.25 percent minimum milkfat requirement is consistent with the USDA FoodData Central database for the total fat content of yogurt, plain, whole milk 3.25 grams/100 gram serving or 3.25 percent Ref. 2. With respect to the minimum milk solids not fat, a minimum of 8.25 percent is consistent with the standards found in fluid milk. Both of these minimum requirements contribute to yogurts characteristic texture. We noted in the proposed rule that the yogurt standard currently requires that the basic ingredients of yogurt be either milk or certain milk-derived ingredients and that yogurt must contain a specified minimum amount of milk solids not fat 74 FR 2443 at 2453. We did not propose to require a minimum amount of dairy ingredients in yogurt because the existing yogurt standard 131.200a, b, and c adequately ensures that appropriate amounts of dairy ingredients are used in the manufacture of yogurt id.. Therefore, we decline to require a minimum percentage amount of dairy ingredients in yogurt.
F. Section 131.200dOther Optional Ingredients The proposed rule, at 131.200d, would allow other optional safe and suitable ingredients in the manufacture of yogurt, specifically cultures in addition to the characterizing bacterial cultures, sweeteners, flavoring ingredients, color additives, stabilizers, emulsifiers, and preservatives. In addition, the proposed rule would revoke the provisions on optional addition of vitamins A and D 74 FR
2443 at 2454.
Comment 17 Most comments generally supported the use of safe and suitable ingredients, specifically cultures, in addition to the characterizing bacterial cultures. The comments stated that explicitly providing for the use of other optional safe and suitable bacterial cultures provides regulatory clarity for the use of microorganisms such as probiotic strains in yogurt products. One comment also stated that the proposal provides industry flexibility while maintaining the products basic nature and essential characteristics.
Response 17 We are finalizing 131.200d1 without change.
Comment 18 The proposed rule, at 131.200d2, would allow the use of sweeteners rather than nutritive carbohydrate sweeteners as an optional ingredient, to permit the use of any safe and suitable sweetening ingredient rather than certain nutritive carbohydrate sweeteners. We explained
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that the proposed changes would allow consumers to still be informed of the presence of the sweetening ingredient through its declaration by its common or usual name in the ingredient statement of the yogurt 74 FR 2443 at 2452. However, in response to the NYA
petitions request for the sweetener being declared in the ingredient statement of the food so that nonnutritive sweeteners may be used in yogurt without a specific declaration of its presence in the name of the food, we tentatively concluded that there is no basis to make this change 74 FR
2443 at 2451 through 2452.
Several comments supported the change to sweeteners, stating that there should be no requirement for the declaration of nonnutritive sweeteners in the name of the food because consumers would be adequately informed of the presence of a sweetening ingredient through the declaration by its common or usual name in the ingredient statement of the yogurt. The comments also stated that amending the rule to refer to sweeteners rather than a specific list of nutritive carbohydrate sweeteners would provide manufacturing flexibility, encourage more low-calorie yogurt options for consumers, and be consistent with the sweetener provision in the standard of identity for ice cream and frozen custard 21 CFR 135.110, which refers to safe and suitable sweeteners.
However, other comments opposed a change to sweeteners as an optional ingredient. Some comments opposed the use of nonnutritive sweeteners in the yogurt standard of identity because of perceived safety concerns, with some opposing the use of specific artificial sweeteners in yogurt. For example, some comments said that people with sensitivities to a specific artificial sweetener would be unaware the product contained the specific artificial sweetener and could be adversely affected. Other comments stated that, if nonnutritive sweeteners are used, they must be labeled in such a way that consumers are adequately and accurately informed. Several comments would require listing nonnutritive sweeteners in the ingredient statement.
Response 18 We have decided not to revise 131.200d2 to specify the use of sweeteners in yogurt rather than nutritive carbohydrate sweeteners. If we were to amend 131.200d2 to refer to sweeteners, then both nutritive carbohydrate sweeteners and nonnutritive sweeteners would be optional ingredients under the yogurt standard. Consequently, manufacturers could use nonnutritive sweeteners in yogurt to reduce calories without
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