21 C.F.R. § 130.8

Conformity to definitions and standards of identity

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In the following conditions, among others, a food does not conform to the definition and standard of identity therefor:

(a) If it contains an ingredient for which no provision is made in such definition and standard, unless such ingredient is an incidental additive introduced at a nonfunctional and insignificant level as a result of its deliberate and purposeful addition to another ingredient permitted by the terms of the applicable standard and the presence of such incidental additive in unstandardized foods has been exempted from label declaration as provided in § 101.100 of this chapter.

(b) If it fails to contain any one or more ingredients required by such definition and standard;

(c) If the quantity of any ingredient or component fails to conform to the limitation, if any, prescribed therefor by such definition and standard.

Notes of Decisions

Cited in 2 cases, 1983–1990 · leading case: Henri's Food Prods. Co., Inc., Counterdefendant-Appellee v. Kraft, Inc., Counterplaintiff-Appellant, 717 F.2d 352 (7th Cir. 1983).

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Henri's Food Prods. Co., Inc., Counterdefendant-Appellee v. Kraft, Inc., Counterplaintiff-Appellant, 717 F.2d 352 (7th Cir. 1983). “Among other things, Kraft objects to Henri’s representation that Yogowhip is a salad dressing despite the fact that, according to Kraft, the Federal Standard of Identity for salad dressing does not permit yogurt as an ingredient, 21 C.F.R. §§ 130.8 (a), 169.150. Because “the…”

United States v. Dakota Cheese, Inc., United States of Am. v. James Dee, 906 F.2d 335 (8th Cir. 1990). “” 21 C.F.R. § 130.8 (a). Thus, we agree with the government that the language of the regulations is clear and that the contract specifications did not permit the use of calcium caseinate.”

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