§11-29-7 - Definitions and standards for other foods; exceptions.

§11-29-7 Definitions and standards for other foods; exceptions.

The definitions and standards of identity and quality for foods, food products, and food by-products not spc identified or standardized by this chapter shall be identical with the following regulations issued by the United States Food and Drug Administration:

21 CFR Part 103 Quality Standards for Foods With No Identity Standards;

21 CFR Part 130 Food Standards: General;

21 CFR Part 133 Cheeses and Related Cheese Products;

21 CFR Part 136 Bakery Products;

21 CFR Part 137 Cereal Flours and Related Products;

21 CFR Part 139 Macaroni and Noodle Products;

21 CFR Part 145 Canned Fruits;

21 CFR Part 146 Canned Fruit Juices;

21 CFR Part 150 Fruit Butters, Jellies, Preserves, and Related Products;

21 CFR Part 152 Fruit Pies;

21 CFR Part 155 Canned Vegetables;

21 CFR Part 156 Vegetable Juices;

21 CFR Part 158 Frozen Vegetables;

21 CFR Part 160 Eggs and Egg Products;

21 CFR Part 161 Fish and Shellfish;

21 CFR Part 163 Cacao Products;

21 CFR Part 164 Tree Nut and Peanut Products;

21 CFR Part 165 Nonalcoholic Beverages;

21 CFR Part 166 Margarine;

21 CFR Part 168 Sweeteners and Table Syrups;

21 CFR Part 169 Food Dressings and Flavorings;

provided, however, the exceptions to the provisions of §11-29-7 are:

(1) 21 CFR Part 139 relating to the standards of identity for macaroni and noodle products shall not apply to oriental type noodle products, which include, but are not limited to "Saimin," "Udon," "Wun tun," "Chow Funn," "Japanese noodles," "Ramen noodles," "Chinese noodles," etc. Although these oriental type noodles are sometimes made without egg solids and the shape and size may resemble the products described in 21 CFR Part 139, such a product will not be considered in violation of 21 CFR Part 139 if:

(A) Such product is not represented as a macaroni or noodle product described in 21 CFR Part 139.

(B) When such product is labeled as "Noodles," the word "noodles" is immediately preceded or followed by a qualifying term such as "Chinese," "Chow Mein," "Japanese," "Japanese Style," "Ramen," "Oriental," or "Oriental Style," in print of the uniform size, style, color, and background contrast as the word "noodles." Furthermore, when coloring is added, the name ofthe product is immediately preceded or followed by the words "Artificially Colored,"' "Artificial Coloring Added," or "With Artificial Coloring Added," in print of the same style, color, and background contrast as the name of the product. The size ofthe print ofsuch words shall be at least one-halfthe size ofthe name ofthe product, provided that in no case shall the size of the print be less than one-eighth of an inch high.

(C) Such product bears a complete listing of ingredients in accordance with 21 CFR Part 101.

(2) The provisions of part IV, Sections 328-71, 328-72, and 328-73, HRS, shall apply to enriched bread and flour.

        [Eff: Nov. 5, 1981] (Auth: HRS §§321-9, 321-10, 321-11, 328-8, 328-19.1, 328-21) (Imp: HRS §§328-6, 328-8, 328-10, 328-19.1)

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