Updated: 2005-11-29
Sec. 527.225 Cheese - Misbranding Due to Moisture and Fat (CPG 7106.06)
REGULATORY ACTION GUIDANCE:
The following represent criteria for direct reference seizure to Division of
Compliance Management and Operations (HFC-210) and for direct citation by
District Offices:
- Cheddar, washed curd, colby, granular, swiss, gruyere, brick, samsoe,
muenster, edam, gouda, monterey, high-moisture jack, asiago, cook, sap
sago, gammelost,
hard, semi-soft part-skim, pasteurized process, pasteurized blended and cold
pack cheese (with nothing added), and mozzarella, represented as standardized
cheese.
- For High Moisture
- If the average moisture of the vat, or lot if
no vat numbers present, is at least 2 percentage points above
the limit of the standard:
or
- If no vat numbers present, moisture of two subdivisions is
at least 4 percentage points above the limit of the standard, or
moisture
of
one subdivision is at
least 5 percentage points above the limit of the standard.
- For Insufficient Fat Content
- If the average fat of the vat, or lot if no vat numbers
present, is at least 1.5 percentage points less than the limit
of the standard:
or
- If no vat numbers present, the fat of two subdivisions is
at least 2.5 percentage points less than the limit of the standard,
or the fat of one
subdivision is
at least 3.5 percentage points less than the limit of
the
standard.
NOTE: Duplicate moisture determinations should check within
0.2% and check analysis within 0.3%. Duplicate fat determinations
on dry basis
should
check within 0.5% and check analysis within 0.6%
- Cottage
Cheese, Dry Curd Cottage Cheese, and Low Fat Cottage Cheese represented
as standardized.
- For High Moisture
- Cottage Cheese and Dry Curd Cottage Cheese. The
average moisture is 81.0% or more.
- Low Fat Cottage Cheese. The average
moisture is 83.5% or more.
- For Insufficient Fat Content
The average fat is 3.6% or less.
NOTE: Duplicate moisture determinations should check within 0.2% and check
analysis within 0.3%. Duplicate fat determinations and check analysis should
check within 0.2%.
SPECIMEN CHARGE (example for cheddar cheese):
Article misbranded when introduced into and while in interstate commerce within
meaning of *21 U.S.C. 343(g)(1),* in that it purports to be and is represented
as cheddar cheese, a food for which a definition and standard of identity has
been prescribed by Regulation (21 CFR 133.113) promulgated pursuant to 21 U.S.C.
341, and it fails to conform to such definition and standard, since *133.113(a)(1)*
of such definition and standard requires that cheddar cheese contain not more
than 39 percent of moisture, and that its solids contain not less than 50 percent
of milk fat; whereas the article contains more than 39 percent of moisture
and the solids of the article contain less than 50 percent of milk fat.
*Material between asterisks is new or revised.*
Issued: 10/1/80
Revised: 3/95, 8/96, 5/2005