21 C.F.R. § 163.135

Buttermilk chocolate

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(a) Description. Buttermilk chocolate is the food that conforms to the standard of identity, and is subject to the requirements for label declaration of ingredients for milk chocolate in § 163.130, except that:

(1) The optional dairy ingredients are limited to sweet cream buttermilk, concentrated sweet cream buttermilk, dried sweet cream buttermilk, and any combination of these; and

(2) 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 based on those dairy ingredients specified 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 ingredient.

(b) Nomenclature. The name of the food is “buttermilk chocolate”, “buttermilk chocolate coating”, “sweet buttermilk chocolate”, “sweet buttermilk chocolate coating”, “sweet cream buttermilk chocolate”, or “sweet cream buttermilk chocolate coating”.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Puri v. Costco Wholesale Corp. (N.D. Cal. 2021).

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Puri v. Costco Wholesale Corp. (N.D. Cal. 2021). “at 7–9 21 (citing 21 C.F.R. §§ 163.135 and 163.155, and FDA Compliance Policy Guide § 515.”

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