N.Y. Comp. Codes R. & Regs. Tit. 1 § 319.700 - Oleomargarine or margarine

Agriculture and Markets Law, § 96-z-34

(a) Oleomargarine or margarine is the plastic food which is prepared in accordance with the provisions of paragraphs (1), (2), (3) and (4) of this subdivision. In this section the term "oleomargarine" is used to refer to such product whether it is sold as "oleomargarine" or margarine.

(1) It is prepared with one or more of the fat ingredients named in any one of the subparagraphs (i), (ii), (iii) and (iv) of this paragraph.

(i) The rendered fat or oil, or stearin derived therefrom (any or all of which may be hydrogenated), of cattle, sheep, swine, or goats, or any combination of two or more of such articles;

(ii) Any vegetable food fat or oil, or oil or stearin derived therefrom (any or all of which may be hydrogenated), or any combination of two or more of such articles;

(iii) Any combination of ingredients named under subparagraphs (i) and (ii) of this paragraph in such proportion that the weight of the ingredients named under subparagraph (i) of this paragraph either equals the weight of the ingredients named under subparagraph (ii) of this paragraph or exceeds such weight by a ratio not greater than nine to one;

(iv) Any combination of ingredients named under subparagraphs (i) and (ii) of this paragraph in such proportion that the weight of the ingredients named under subparagraph (ii) of this paragraph exceeds the weight of the ingredients named under subparagraph (i) of this paragraph by a ratio not greater than nine to one.

(2) One of the articles (or combinations) named under subparagraph (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), or (ix) of this paragraph is intimately mixed with the fat ingredient or ingredients. The ingredients named under subparagraphs (i), (ii), (iii), (iv), (v), (vi), and (vii) of this paragraph are pasturized and then may be subjected to the action of harmless bacterial starters. The term "milk" as used in this paragraph means "cow's milk".

(i) Cream;

(ii) Milk;

(iii) Skim milk;

(iv) Liquid sweet cream buttermilk;

(v) Any combination of dry or condensed sweet cream buttermilk and water with a total solids content of not less than eight and one-half percent;

(vi) Any combination of nonfat dry milk and water in which the weight of the nonfat dry milk is not less than 10 percent of the weight of the water;

(vii) Any combination of two or more of the articles (or combination) named under subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of this paragraph;

(viii) In case only of the fat ingredient named in subparagraph (1)(ii) of this subdivision, any combination of finely ground soybeans and water, in which the weight of the finely ground soybeans is not less than 10 percent of the weight of the water. The finely ground soybeans are subjected to a heat treatment before or after mixing with the water. The soybeans may or may not be dehulled;

(ix) Water in lieu of any of the articles (or combinations) designated in subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of this paragraph. Congealing is effected, either with or without contact with water, and the congealed mixture may be worked.

(3) It may contain one or more of the following optional ingredients in addition to the ingredients and articles named in paragraphs (1) and (2) of this subdivision.

(i) Artificial coloring. For the purpose of this subparagraph, pro-vitamin A shall be deemed to be artificial coloring;

(ii) Sodium benzoate, or benzoic acid, or a combination of these, in a quantity not to exceed 0.1 percent of the weight of the finished product;

(iii) Vitamin A (with or without any accompanying vitamin D and with or without vitamin D concentrate), in such quantity that the finished oleomargarine contains not less than 15,000 United States pharmacopeia units of vitamin A per pound, as determined by the method prescribed in the pharmacopeia of the United States for total biological vitamin A activity. The vitamin A potency prescribed may be furnished by fish liver oil; by concentrates of vitamin A or its fatty acid esters from animal sources; by synthetic vitamin A or its fatty acid esters; by mixtures of synthetic vitamin A or its fatty acid esters with harmless substances formed during the synthesis of the vitamin A, if the vitamin A or its fatty acid ester constitutes not less than 50 percent of the mixture; by pro-vitamin A; or by any combination of two or more of these. For the purposes of this subparagraph, the term "fatty acid" may include acetic acid;

(iv) Any safe and suitable artificial flavoring substance that imparts to the food a flavor in semblance of butter. Such artificial flavoring substances are deemed to be safe for use in oleomargarine which contains any fat ingredient named in subparagraph (1)(i) of this subdivision if they are not food additives as defined in section 201(s) of the Federal Food, Drug and Cosmetic Act, or if they are used in conformity with regulations established pursuant to section 409 of that act, and in either case if they have been approved for such use by the commissioner; and they are deemed to be safe for use in other oleomargarine if they are used in conformity with regulations established pursuant to section 409 of the Federal Food, Drug and Cosmetic Act or their use is otherwise lawful under that act;

(v)

(a) Lecithin, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(b) Monoglycerides or diglycerides of fat-forming fatty acids, or a combination of these, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(c) Such monoglycerides and diglycerides in combination with the sodium sulfoacetate derivatives thereof in a total amount not exceeding 0.5 percent the weight of the finished oleomargarine; or

(d) A combination of the substances specified in (a) and (b) of this subparagraph in which the amount of neither exceeds that stated in (a) and (b); or

(e) A combination of the substances specified in (a) and (c) of this subparagraph a total amount not exceeding 0.5 percent of the weight of the finished oleomargarine. The weight of the diglycerides in each of the ingredients specified in (b), (c), (d) and (e) of this subparagraph is calculated at one-half actual weight;

(vi) Butter;

(vii) Salt;

(viii) Citric acid incorporated in the fat or oil ingredient used;

(ix) Isopropyl citrates incorporated in the fat or oil ingredient used, in an amount not to exceed 0.02 percent by weight of the finished oleomargarine;

(x) Stearyl citrate incorporated in the fat or oil ingredient in an amount not to exceed 0.15 percent by weight of the finished oleomargarine;

(xi) Potassium sorbate, in an amount not to exceed 0.1 percent by weight of the finished oleomargarine;

(xii) Calcium disodium EDTA (calcium disodium ethylenediaminetetraacetate) in an amount not to exceed 75 parts per million by weight of the finished oleomargarine.

(xiii) BHA (butylated hydroxyanisole) or BHT (butylated hydroxytoluene), or a combination of these, incorporated in any animal fat ingredient permitted by paragraph (1)(i) of this subdivision, in an amount not to exceed 0.02 percent by weight of such animal fat content.

(4) The finished oleomargarine contains not less than 80 percent fat, as determined by the method prescribed in the current "Official Methods of Analysis of the Association of Official Analytical Chemists".

(b) The name of the food for which a definition and standard of identity are prescribed by this section is "oleomargarine" or "margarine". The presence of ingredients, provided for in subdivision (a) of this section, in the finished product shall be declared as follows:

(1) Fat ingredients shall be declared first in the ingredient statement by the name of the specific fat or oil or stearin used. Where combinations of fat ingredients are used, the names shall be arranged in order of decreasing predominance. If any fat ingredient is hydrogenated, the ingredient statement shall include the word "hydrogenated" or "hardened" at such place or places in the list of fats as to indicate which fats are hydrogenated; for example, "corn oil, hardened soybean oil". If any animal fat ingredient contains an ingredient provided for in subdivision (a)(3)(xiii) of this section, the statement "with ____ added as (a) preservative(s)" or "with ____ added to retard rancidity" shall appear at such place or places in the list of fats as to indicate which animal fats contain these ingredients. The blank is to be filled in with "BHA" and/or "BHT" as appropriate; for example, "beef fat with BHA and BHT added as preservatives".

(2) Immediately following the listing of fat ingredients, other ingredients used shall be named in the descending order of predominance.

(i) The optional ingredients butter, salt, water, cream, milk, skim milk, sweet cream buttermilk, dried sweet cream buttermilk and water, condensed sweet cream buttermilk and water, nonfat dry milk and water, ground soybeans and water, lecithin, mono or diglycerides, and sodium sulfoacetate derivatives of mono or diglycerides shall each be declared by those terms;

(ii) Artificial colors shall be declared by the statement "Artificially colored" or "Artificial coloring added" or "With added artificial coloring";

(iii) Artificial flavors shall be declared by the statement "Artificially flavored" or "Artificial flavoring added" or "With added artificial flavoring";

(iv) Oleomargarine that contains the optional ingredients citric acid, isopropyl citrate, stearyl citrate, or calcium disodium EDTA shall be labeled by the statement "____ added as a preservative" or "____ added to protect flavor". Oleomargarine that contains the optional ingredient sodium benzoate or benzoic acid shall be labeled by the statement "____ added as a preservative" or "____ as a preservative" or "With added ____ as a preservative". Oleomargarine that contains the optional ingredient potassium sorbate shall be labeled by the statement "____ added as a preservative" or "____added to retard mold growth". The blank in each of the statements in this subparagraph shall be filled in with the common name of the preservative ingredient used;

(v) Vitamin A shall be declared by the statement "Vitamin A added" or "With added Vitamin A". Vitamin D shall be declared by the statement "Vitamin D added" or "With added Vitamin D". Oleomargarine containing added vitamin A or vitamin D, or both, is subject to the regulations for foods for special dietary use promulgated under the provisions of section 403(j) of the Federal Food, Drug and Cosmetic Act;

(vi) Where two or more optional ingredients named in paragraph (a)(3) of this section are used, the words "Added" or "With Added" need appear only once, either at the beginning or end of the list of such ingredients declared.

(3) Whenever the name "oleomargarine" or "margarine" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements prescribed in this section, showing the ingredients used, shall immediately and conspicuously precede or follow, or in part precede and in part follow, such name, without intervening written, printed, or other graphic matter.

(c) Colored oleomargarine or colored margarine which is packed for retail sale and contains any ingredient named in subparagraph (a)(1)(i) of this section must also comply with the requirements of section 317.8(b)(24) of this Article.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 1 § 319.700