What a food must legally contain to use its name: FDA standards of identity, in one table
The FDA standards of identity from 21 CFR Parts 131–169: for each standardized food, the composition minimums and maximums that a product must meet to be labeled with that name. Ice cream must contain not less than 10 percent milkfat and not less than 10 percent nonfat milk solids, and weigh not less than 4.5 pounds to the gallon (21 CFR 135.110); frozen custard is ice cream with at least 1.4 percent egg yolk solids, from the same section; peanut butter must be at least 90 percent peanuts (21 CFR 164.150); white chocolate, milk chocolate and the other cacao products each have their own minimums in Part 163. More than 250 standards exist, scattered across ~19 CFR parts, and no comprehensive table is published anywhere — FDA's own overview page describes the programme without tabulating it. Answers 'what has to be in ice cream legally?', 'what is the difference between ice cream and frozen custard?', 'does this product have an FDA standard of identity at all?'
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The data
| Standardized food | CFR section | Category (CFR part) | Composition requirements | What separates it from neighbours | Notable permitted / prohibited ingredients |
|---|---|---|---|---|---|
| Acidified milk | 21 CFR 131.111 | Milk and Cream | Acidified milk contains not less than 3.25 percent milkfat and not less than 8.25 percent milk solids not fat and has a titratable acidity of not less than 0.5 percent, expressed as lactic acid. | Acidified milk is the food produced by souring one or more of the optional dairy ingredients specified in paragraph (c) of this section with one or more of the acidifying ingredients specified in paragraph (d) of this section, with or without the addition of characterizing microbial organisms. | |
| Acidified sour cream | 21 CFR 131.162 | Milk and Cream | Acidified sour cream contains not less than 18 percent milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of milkfat is not less than 18 percent of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 14.4 percent milkfat. Acidified sour cream has a titratable acidity of not less than 0.5 percent, calculated as lactic acid. | Acidified sour cream results from the souring of pasteurized cream with safe and suitable acidifiers, with or without addition of lactic acid producing bacteria. | |
| Breakfast cocoa | 21 CFR 163.112 | Cacao Products | Breakfast cocoa contains not less than 22 percent by weight of cacao fat | ||
| Buttermilk chocolate | 21 CFR 163.135 | Cacao Products | The finished buttermilk chocolate contains less than 3.39 percent by weight of milkfat and not less than 12 percent by weight of sweet cream buttermilk solids | The optional dairy ingredients are limited to sweet cream buttermilk, concentrated sweet cream buttermilk, dried sweet cream buttermilk, and any combination of these | |
| Cacao nibs | 21 CFR 163.110 | Cacao Products | The cacao shell content is not more than 1.75 percent by weight, calculated on an alkali free basis | ||
| Chocolate liquor | 21 CFR 163.111 | Cacao Products | Chocolate liquor contains not less than 50 percent nor more than 60 percent by weight of cacao fat | ||
| Cocoa | 21 CFR 163.113 | Cacao Products | the cacao fat content is less than 22 percent, but not less than 10 percent by weight | the cacao fat content is less than 22 percent, but not less than 10 percent by weight | |
| Cocoa with dioctyl sodium sulfosuccinate for manufacturing | 21 CFR 163.117 | Cacao Products | the food additive contains dioctyl sodium sulfosuccinate (complying with the requirements of § 172.810 of this chapter , including the limit of not more than 0.4 percent by weight of the finished food additive). | ||
| Concentrated milk | 21 CFR 131.115 | Milk and Cream | The milkfat and total milk solids contents of the food are not less than 7.5 and 25.5 percent, respectively. | ||
| Cultured milk | 21 CFR 131.112 | Milk and Cream | Cultured milk contains not less than 3.25 percent milkfat and not less than 8.25 percent milk solids not fat and has a titratable acidity of not less than 0.5 percent, expressed as lactic acid. | Cultured milk is the food produced by culturing one or more of the optional dairy ingredients specified in paragraph (c) of this section with characterizing microbial organisms. | |
| Dry cream | 21 CFR 131.149 | Milk and Cream | It contains not less than 40 percent but less than 75 percent by weight of milkfat on an as is basis. It contains not more than 5 percent by weight of moisture on a milk solids not fat basis. | ||
| Dry whole milk | 21 CFR 131.147 | Milk and Cream | It contains not less than 26 percent but less than 40 percent by weight of milkfat on an as is basis. It contains not more than 5 percent by weight of moisture on a milk solids not fat basis. | ||
| Eggnog | 21 CFR 131.170 | Milk and Cream | Eggnog contains not less than 6 percent milkfat and not less than 8.25 percent milk solids not fat. The egg yolk solids content is not less than 1 percent by weight of the finished food. | ||
| Evaporated milk | 21 CFR 131.130 | Milk and Cream | It contains not less than 6.5 percent by weight of milkfat, not less than 16.5 percent by weight of milk solids not fat, and not less than 23 percent by weight of total milk solids. | ||
| Goat's milk ice cream | 21 CFR 135.115 | Frozen Desserts | Goat's milk ice cream is the food prepared in the same manner prescribed in § 135.110 for ice cream, and complies with all the provisions of § 135.110 , except that the only optional dairy ingredients that may be used are those in paragraph (b) of this section; caseinates and hydrolyzed milk proteins may not be used; and paragraphs (f)(1) and (g) of § 135.110 shall not apply. | the only optional dairy ingredients that may be used are those in paragraph (b) of this section; caseinates and hydrolyzed milk proteins may not be used | goat's skim milk, goat's milk, and goat's cream |
| Half-and-half | 21 CFR 131.180 | Milk and Cream | Half-and-half is the food consisting of a mixture of milk and cream which contains not less than 10.5 percent but less than 18 percent milkfat. | ||
| Heavy cream | 21 CFR 131.150 | Milk and Cream | Heavy cream is cream which contains not less than 36 percent milkfat. | ||
| Ice cream and frozen custard | 21 CFR 135.110 | Frozen Desserts | Ice cream contains not less than 1.6 pounds of total solids to the gallon, and weighs not less than 4.5 pounds to the gallon. Ice cream contains not less than 10 percent milkfat, nor less than 10 percent nonfat milk solids | Except in the case of frozen custard, ice cream contains less than 1.4 percent egg yolk solids by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. Frozen custard shall contain 1.4 percent egg yolk solids by weight of the finished food | excluding other food fats, except such as are natural components of flavoring ingredients used or are added in incidental amounts to accomplish specific functions |
| Light cream | 21 CFR 131.155 | Milk and Cream | Light cream is cream which contains not less than 18 percent but less than 30 percent milkfat. | ||
| Light whipping cream | 21 CFR 131.157 | Milk and Cream | Light whipping cream is cream which contains not less than 30 percent but less than 36 percent milkfat. | ||
| Lowfat cocoa | 21 CFR 163.114 | Cacao Products | the cacao fat content is less than 10 percent by weight | ||
| Mellorine | 21 CFR 135.130 | Frozen Desserts | Mellorine contains not less than 1.6 pounds of total solids to the gallon, and weighs not less than 4.5 pounds to the gallon. Mellorine contains not less than 6 percent fat and 2.7 percent protein having a protein efficiency ratio (PER) not less than that of whole milk protein (108 percent of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than 4.8 percent or the protein content be less than 2.2 percent. | animal or vegetable fat, or both, only part of which may be milkfat | |
| Milk | 21 CFR 131.110 | Milk and Cream | shall contain not less than 8 1 ⁄ 4 percent milk solids not fat and not less than 3 1 ⁄ 4 percent milkfat. | ||
| Milk chocolate | 21 CFR 163.130 | Cacao Products | Milk chocolate contains not less than 10 percent by weight of chocolate liquor complying with the requirements of § 163.111 as calculated by subtracting from the weight of the chocolate liquor used the weight of cacao fat therein and the weights of alkali, neutralizing and seasoning ingredients, multiplying the remainder by 2.2, dividing the result by the weight of the finished milk chocolate, and multiplying the quotient by 100. The finished milk chocolate contains not less than 3.39 percent by weight of milkfat and not less than 12 percent by weight of total milk solids | ||
| Milk chocolate and vegetable fat coating | 21 CFR 163.155 | Cacao Products | conforms to the standard of identity, and is subject to the requirements for label declaration of ingredients for milk chocolate in § 163.130 or skim milk chocolate in § 163.140 , except that one or more optional ingredients specified in paragraph (b) of this section are used | Safe and suitable vegetable derived oils, fats, and stearins other than cacao fat. The oils, fats, and stearins may be hydrogenated | |
| Mixed dairy product chocolates | 21 CFR 163.145 | Cacao Products | The finished mixed dairy product chocolates shall contain not less than 12 percent by weight of total milk solids derived from those dairy products referred to in paragraph (a)(1) of this section, exclusive of any added sweetener or other dairy-derived ingredient that is added beyond that amount that is normally present in the specified dairy product, and may contain less than 3.39 percent by weight of milkfat. | ||
| Mixed nuts | 21 CFR 164.110 | Tree Nut and Peanut Products | Mixed nuts is the food consisting of a mixture of four or more of the optional shelled tree nut ingredients, with or without one or more of the optional shelled peanut ingredients, of the kinds prescribed by paragraph (b) of this section; except that when 2 ounces or less of the food is packed in transparent containers, three or more of the optional tree nut ingredients shall be present. Each such kind of nut ingredient when used shall be present in a quantity not less than 2 percent and not more than 80 percent by weight of the finished food. | color additives are not suitable ingredients of the food | |
| Nonfat dry milk | 21 CFR 131.125 | Milk and Cream | It contains not more than 5 percent by weight of moisture, and not more than 1 1 ⁄ 2 percent by weight of milkfat unless otherwise indicated. | ||
| Nonfat dry milk fortified with vitamins A and D | 21 CFR 131.127 | Milk and Cream | conforms to the standard of identity for nonfat dry milk, except that vitamins A and D are added as prescribed by paragraph (b) of this section. | ||
| Peanut butter | 21 CFR 164.150 | Tree Nut and Peanut Products | such seasoning and stabilizing ingredients do not in the aggregate exceed 10 percent of the weight of the finished food. To the ground peanuts, cut or chopped, shelled, and roasted peanuts may be added. During processing, the oil content of the peanut ingredient may be adjusted by the addition or subtraction of peanut oil. The fat content of the finished food shall not exceed 55 percent | artificial flavorings, artificial sweeteners, chemical preservatives, and color additives are not suitable ingredients in peanut butter. Oil products used as optional stabilizing ingredients must be hydrogenated vegetable oils. | |
| Shelled nuts in rigid or semirigid containers | 21 CFR 164.120 | Tree Nut and Peanut Products | The standard of fill for shelled nuts in rigid or semirigid containers is a fill such that the average volume of nuts, from the number of containers specified in § 164.110(d)(1) , is not less than 85 percent of the container volume | ||
| Sherbet | 21 CFR 135.140 | Frozen Desserts | Sherbet weighs not less than 6 pounds to the gallon. The milkfat content is not less than 1 percent nor more than 2 percent, the nonfat milk-derived solids content not less than 1 percent, and the total milk or milk-derived solids content is not less than 2 percent nor more than 5 percent by weight of the finished food. Sherbet that is characterized by a fruit ingredient shall have a titratable acidity, calculated as lactic acid, of not less than 0.35 percent. | ||
| Skim milk chocolate | 21 CFR 163.140 | Cacao Products | The finished skim milk chocolate contains less than 3.39 percent by weight of milkfat and not less than 12 percent by weight of skim milk solids | The optional dairy ingredients are limited to skim milk, evaporated skim milk, concentrated skim milk, sweetened condensed skim milk, nonfat dry milk, and any combination of these | |
| Sour cream | 21 CFR 131.160 | Milk and Cream | Sour cream contains not less than 18 percent milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of the milkfat is not less than 18 percent of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 14.4 percent milkfat. Sour cream has a titratable acidity of not less than 0.5 percent, calculated as lactic acid. | Sour cream results from the souring, by lactic acid producing bacteria, of pasteurized cream. | |
| Sweet chocolate | 21 CFR 163.123 | Cacao Products | Sweet chocolate contains not less than 15 percent by weight of chocolate liquor complying with the requirements of § 163.111 , as calculated by subtracting from the weight of the chocolate liquor used the weight of the cacao fat therein and the weights therein of any alkali, neutralizing, and seasoning ingredients, and multiplying the remainder by 2.2, dividing the result by the weight of the finished sweet chocolate, and multiplying the quotient by 100. The finished sweet chocolate contains less than 12 percent by weight of total milk solids | Semisweet chocolate or bittersweet chocolate is sweet chocolate that contains not less than 35 percent by weight of chocolate liquor | |
| Sweet chocolate and vegetable fat coating | 21 CFR 163.153 | Cacao Products | conforms to the definition and standard of identity, and is subject to the requirements for label declaration of ingredients for sweet chocolate in § 163.123 , except that one or more optional ingredients specified in paragraph (b) of this section are used | Safe and suitable vegetable derived fats, oils, and stearins other than cacao fat. The fats, oils, and stearins may be hydrogenated | |
| Sweet cocoa and vegetable fat coating | 21 CFR 163.150 | Cacao Products | the finished food contains not less than 6.8 percent by weight of nonfat cacao solids, calculated on a moisture-free basis | The requirement in § 163.123(a)(2) limiting the total milk solids content to less than 12 percent by weight does not apply | |
| Sweetened condensed milk | 21 CFR 131.120 | Milk and Cream | The finished food contains not less than 8 percent by weight of milkfat, and not less than 28 percent by weight of total milk solids. | ||
| Water ices | 21 CFR 135.160 | Frozen Desserts | Water ices are the foods each of which is prepared from the same ingredients and in the same manner prescribed in § 135.140 for sherbets, except that the mix need not be pasteurized, and complies with all the provisions of § 135.140 (including the requirements for label statement of ingredients), except that no milk or milk-derived ingredient and no egg ingredient, other than egg white, is used. | no milk or milk-derived ingredient and no egg ingredient, other than egg white, is used | |
| White chocolate | 21 CFR 163.124 | Cacao Products | White chocolate contains not less than 20 percent by weight of cacao fat as calculated by subtracting from the weight of the total fat the weight of the milkfat, dividing the result by the weight of the finished white chocolate, and multiplying the quotient by 100. The finished white chocolate contains not less than 3.5 percent by weight of milkfat and not less than 14 percent by weight of total milk solids, calculated by using only those dairy ingredients specified in paragraph (b)(2) of this section, and not more than 55 percent by weight nutritive carbohydrate sweetener. | prepared by intimately mixing and grinding cacao fat with one or more of the optional dairy ingredients | White chocolate shall be free of coloring material |
| Yogurt | 21 CFR 131.200 | Milk and Cream | Yogurt contains not less than 3.25 percent milkfat, except as provided for in paragraph (g) of this section, and not less than 8.25 percent milk solids not fat and has a pH of 4.6 or lower measured on the finished product within 24 hours after filling. | with a characterizing bacterial culture that contains the lactic acid-producing bacteria, Lactobacillus delbrueckii subsp. bulgaricus and Streptococcus thermophilus. |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 4 sources this dataset was assembled from.
- ecfr.govhttps://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-131
- ecfr.govhttps://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-163
- ecfr.govhttps://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-135
- ecfr.govhttps://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-164
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.