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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
subsp. bulgaricus and Streptococcus thermophilus. The ingredients specified in paragraphs b and c of this section may be homogenized and must be pasteurized or ultra-pasteurized before the addition of the characterizing bacterial culture. One or more of the other optional ingredients specified in paragraph d of this section may also be added. Yogurt, before the addition of bulky flavoring ingredients, contains not less than 3.25 percent milkfat and not less than 8.25 percent milk solids not fat and has either a titratable acidity of not less than 0.7 percent, expressed as lactic acid, or a pH of 4.6 or lower. To extend the shelf life of the food, yogurt may be treated after culturing to inactivate viable microorganisms.
b Basic dairy ingredients. Cream, milk, partially skimmed milk, skim milk, or the reconstituted versions of these ingredients may be used alone or in combination.
c Optional dairy ingredients. Other safe and suitable milk-derived ingredients may be used to increase the milk solids not fat content of the food above the minimum of 8.25 percent required in paragraph a of this section, provided that the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present must not be decreased as a result of adding such ingredients.
d Other optional ingredients. The following safe and suitable ingredients may be used:
1 Cultures, in addition to the characterizing bacterial culture specified in paragraph a of this section.
2 Nutritive carbohydrate sweeteners.
3 Flavoring ingredients.
4 Color additives.
5 Stabilizers.
6 Emulsifiers.
7 Preservatives.
8 Vitamin addition optional.
i If added, vitamin A must be present in such quantity that the food contains not less than 10 percent Daily Value per Reference Amount Commonly Consumed RACC thereof, within limits of current good manufacturing practice.
ii If added, vitamin D must be present in such quantity that the food contains not less than 25 percent Daily Value per Reference Amount Commonly Consumed RACC thereof, within limits of current good manufacturing practices.
e Methods of analysis1 Milki Milkfat content. As determined by the method prescribed in section 33.2.26, AOAC Official Method 989.05, Fat in Milk Modified Mojonnier Ether Extraction Method.
ii Milk solids not fat. Calculated by subtracting the milkfat content from the
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total solids content using the method prescribed in section 33.2.45, AOAC
Official Method 990.21, Solids-Not-Fat in Milk by Difference between Total Solids and Fat Contents.
iii Titratable acidity. As determined by the method prescribed in section 33.2.06, AOAC Official Method 947.05, Acidity of Milk Titrimetric Method.
2 pH. As determined by the potentiometric method described in 114.90a of this chapter.
3 Live and active cultures. As determined by the method described in ISO 7889:2003E/IDF 117:2003E, YogurtEnumeration of Characteristic MicroorganismsColony-Count Technique at 37 C.
f Nomenclature. The name of the food is yogurt. The name of the food must be accompanied by a declaration indicating the presence of any characterizing flavoring as specified in 101.22 of this chapter.
1 The following terms must accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half of the height of the letters used in such name:
i The word sweetened if a nutritive carbohydrate sweetener is added without the addition of characterizing flavor.
ii The phrase does not contain live and active cultures if the dairy ingredients have been treated after culturing to inactivate viable microorganisms.
iii The phrase vitamin A or vitamin A added, or vitamin D or vitamin D added, or vitamins A and D added, as appropriate. The word vitamin may be abbreviated vit.
2 The name of the food may be accompanied by the phrase contains live and active cultures or another appropriate descriptor if the food contains a minimum level of live and active cultures of 107 colony forming units per gram CFU/g at the time of manufacture with a reasonable expectation of 106 CFU/g through the manufacturers assigned shelf life of the product.
3 The term homogenized may appear on the label if the dairy ingredients used are homogenized.
g Label declaration. Each of the ingredients used in the food must be declared on the label as required by the applicable sections of parts 101 and 130
of this chapter.
h Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C.
552a and 1 CFR part 51. To enforce
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any edition other than that specified in this section, FDA must publish a document in the Federal Register, and the material must be available to the public. All approved material is available for inspection at the Food and Drug Administrations Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240
4027500, and is available from the sources indicated in this paragraph h.
It is also available for inspection at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@
nara.gov or go to www.archives.gov/
federal-register/cfr/ibr-locations.html.
1 AOAC INTERNATIONAL, 2275
Research Blvd., Suite 300, Rockville, MD 208503250:
i AOAC Official Method 947.05, Acidity of Milk Titrimetric Method, Section 33.2.06, Official Methods of Analysis, 21st edition, 2019, Vol. 1.
ii AOAC Official Method 989.05, Fat in Milk Modified Mojonnier Ether Extraction Method, Section 33.2.26, Official Methods of Analysis, 21st edition, 2019, Vol. 1.
iii AOAC Official Method 990.21, Solids-Not-Fat in Milk by Difference between Total Solids and Fat Contents, Section 33.2.45, Official Methods of Analysis, 21st edition, 2019, Vol. 1.
2 ISO, ISO Central Secretariat, Chemin de Blandonnet 8, CP 401, 1214
Vernier, Geneva, Switzerland.
i ISO 7889:2003E, Yogurt Enumeration of Characteristic MicroorganismsColony-Count Technique at 37 C, First edition, 2003
0201.
ii RESERVED
Note 1 to paragraph h2i: ISO
7889:2003E is co-published as IDF
117:2003E.
131.203

5. Remove 131.203.

131.206

Removed
Removed
6. Remove 131.206.

Dated: June 2, 2021.
Janet Woodcock, Acting Commissioner of Food and Drugs.
Dated: June 7, 2021.
Xavier Becerra, Secretary, Department of Health and Human Services.
FR Doc. 202112220 Filed 6921; 8:45 am BILLING CODE 416401P

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