[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR130.3]

[Page 283]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                           SERVICES--CONTINUED
 
PART 130--FOOD STANDARDS: GENERAL--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 130.3  Definitions and interpretations.


    (a) The definitions and interpretations of terms contained in 
section 201 of the act shall be applicable also to such terms when used 
in regulations promulgated under the act.
    (b) If a regulation prescribing a definition and standard of 
identity for a food has been promulgated under section 401 of the act 
and the name therein specified for the food is used in any other 
regulation under section 401 or any other provision of the act, such 
name means the food which conforms to such definition and standard, 
except as otherwise specifically provided in such other regulation.
    (c) No provision of any regulation prescribing a definition and 
standard of identity or standard of quality or fill of container under 
section 401 of the act shall be construed as in any way affecting the 
concurrent applicability of the general provisions of the act and the 
regulations thereunder relating to adulteration and misbranding. For 
example, all regulations under section 401 contemplate that the food and 
all articles used as components or ingredients thereof shall not be 
poisonous or deleterious and shall be clean, sound, and fit for food. A 
provision in such regulations for the use of coloring or flavoring does 
not authorize such use under circumstances or in a manner whereby damage 
or inferiority is concealed or whereby the food is made to appear better 
or of greater value than it is.
    (d) Safe and suitable means that the ingredient:
    (1) Performs an appropriate function in the food in which it is 
used.
    (2) Is used at a level no higher than necessary to achieve its 
intended purpose in that food.
    (3) Is not a food additive or color additive as defined in section 
201 (s) or (t) of the Federal Food, Drug, and Cosmetic Act as used in 
that food, or is a food additive or color additive as so defined and is 
used in conformity with regulations established pursuant to section 409 
or 721 of the act.
    (e) Section 403(i) of the act requires the listing of all 
ingredients in standardized foods. All ingredients must be listed in 
accordance with the requirements of part 101 of this chapter, except 
that where a definition and standard of identity has specific labeling 
provisions for optional ingredients, optional ingredients may be 
declared in accordance with those provisions.

[42 FR 14357, Mar. 15, 1977, as amended at 58 FR 2876, Jan. 6, 1993]