5 replies to this topic

[OrRedFood]

Good morning - Can anyone guide me to the CFR reference which explains that regulations for when you must list water as an ingredient, and when it is a "processing aid"?

 

The product is a fruit syrup, water is added at 0.5% to hydrate the pectin. Can the argument be made that it cooks off during its 190F processing?

The customer says it's a processing aid, and I'm trying to find a citation to support him, or to refute him. Thanks!

[AltonBrownFanClub]

21 CFR 101.4© 

 

"When water is added to reconstitute, completely or partially, an ingredient permitted by paragraph (b) of this section to be declared by a class name, the position of the ingredient class name in the ingredient statement shall be determined by the weight of the unreconstituted ingredient plus the weight of the quantity of water added to reconstitute that ingredient, up to the amount of water needed to reconstitute the ingredient to single strength. Any water added in excess of the amount of water needed to reconstitute the ingredient to single strength shall be declared as “water” in the ingredient statement."

 

or possibly 21CFR101.100 (ii) (a)

 

"The following foods are exempt from compliance with the requirements of section 403(i)(2) of the act (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients)

...

Processing aids, which are as follows:

(a ) Substances that are added to a food during the processing of such food but are removed in some manner from the food before it is packaged in its finished form."

[OrRedFood]

Thanks for your reply.  Since we are not reconstituting the pectin, but hydrating it, the second reference would be applicable if heat processing the product removed the water via evaporation. Is that how you're reading it?

[AltonBrownFanClub]

That's how I interpreted it, or at least how you could argue against labeling the water.

I couldn't find anything dealing with syrups though.

 

Maybe you could analyze the water activity BEFORE processing and after?

This would show that some water is removed. There's no way to differentiate between water evaporating from the pectin vs water evaporating from from the fruit though...

 

I'm interested to hear what other people think. This was a section I remembered reading recently, but there may be a more applicable section elsewhere.

[AltonBrownFanClub]

 Check this out. I found some guidance from the FDA. 

https://www.fda.gov/...t-or-adulterant

 

Quote from the link

"If all water added during processing is subsequently removed by baking or some other means during processing, water need not be declared as an ingredient (2l CFR *101.100(a)(3)*)."

 

21 CFR 101.100(a)(3)

Incidental additives that are present in a food at insignificant levels and do not have any technical or functional effect in that food. For the purposes of this paragraph (a)(3), incidental additives are:

(i) Substances that have no technical or functional effect but are present in a food by reason of having been incorporated into the food as an ingredient of another food, in which the substance did have a functional or technical effect.

(ii) Processing aids, which are as follows:

(a) Substances that are added to a food during the processing of such food but are removed in some manner from the food before it is packaged in its finished form.

(b) Substances that are added to a food during processing, are converted into constituents normally present in the food, and do not significantly increase the amount of the constituents naturally found in the food.

(c) Substances that are added to a food for their technical or functional effect in the processing but are present in the finished food at insignificant levels and do not have any technical or functional effect in that food.

(iii) Substances migrating to food from equipment or packaging or otherwise affecting food that are not food additives as defined in section 201(s) of the act; or if they are food additives as so defined, they are used in conformity with regulations established pursuant to section 409 of the act.

[OrRedFood]

This is very applicable to our situation, particularly ©. We add just enough water to dissolve the thickener, and then it's cooked at 190F for at least 15 minutes.  And the water is at 0.5% before the heat processing.  I will share this with the customer. Thank you for your help!  I also consulted with the developer of our nutritional label software, who came to the same conclusion. :)