Dairy Food Standards

It is the processor's responsibility to be aware of and conform to the legal requirements for the products they make. Many dairy products in the U.S. have defined ingredients, composition, and/or processing requirements called Standards of Identity that must be met for the product to legally be called by that name. These standards are found in the Code of Federal Regulations (CFR), and some examples are:

• "Yogurt" must contain both Lactobacillus bulgaricus and Streptococcus thermophilus (21 CFR 131.200)
• "Cheddar" cheese must have a maximum moisture content of 39% and a minimum of 50% fat in the remaining solids (21 CFR 133.113)
• "Colby" cheese may be made from unpasteurized (raw) milk as long as it is cured (aged) at a temperature not less than 35ºF (1.7ºC) for at least 60 days (21 CFR 113.118), but "Monterey Jack" must be made from pasteurized milk (21 CFR 133.153)

In addition to the Standards of Identity, processors may choose to have their products "graded" by the USDA to receive a quality shield for their label. The "grade" requirements are specific to the product type and quality attributes. This is a voluntary program, often used by large-scale manufacturers for sales to large-volume customers. An example of this is butter manufacturers that wish to market their product as U.S. Grade AA and put the USDA shield on their label.

Code of Federal Regulations

The Code of Federal Regulations (CFR) contains the regulations put forth by the Federal government. The CFR contains 50 "Titles" that cover everything from agriculture, food and drugs to transportation, aeronautics, national defense, and the office of the President. When new regulations are made or changes to existing regulations are proposed, the draft is published in the Federal Register and opened for public comments. These comments are reviewed by the FDA and are considered prior to finalizing the wording of the new or updated regulation.

The most relevant titles for dairy food processors are Title 21 Food and Drugs and Title 7 Agriculture.

The convention for referencing a regulation in the CFR is

          Title Number + "CFR" + Part Number.Section Number

For example, the regulations for cheese are found in 21 CFR 133, and Cheddar cheese is found in 21 CFR 133.113. This means you will find all the cheese regulations in Title 21 Part 133, and the specific Cheddar regulations in Title 21 of the Code of Federal Regulations Part 133, Section 113.

Title 21 Food and Drugs

Title 21 contains sections that cover all aspects of food and drugs for humans and animals. Parts 131, 133, and 135 contain information about standardized dairy foods. Not all dairy foods have standardized names and legal requirements. If there are questions about specific regulations, contact your local dairy foods inspector for clarification. Penn State Extension may be able to answer your questions, but the final, legal regulation of your product, composition, and labels is determined by the Pennsylvania Department of Agriculture, or your local governing body if you are outside of Pennsylvania.

In addition to dairy foods standards, Title 21 contains the very important section, 21 CFR 117 on Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Foods detailing the food safety regulations that food processors must follow. Title 21 also contains parts on food colors, food additives, and food labeling requirements including nutrient and health claims.

Part 131 Milk and Cream. Part 131 contains the requirements for 20 standardized dairy foods that fall in the category of milk and cream. These regulations include product descriptions, composition requirements, allowable ingredients, and other pertinent information for each product. The subparts are listed below, and the sections within these subparts contain the detailed information.

  A – General Provisions

  B – Requirements for Specific Standardized Milk and Cream

• Milk, Acidified milk, Cultured milk, Concentrated milk, Sweetened condensed milk, Nonfat dry milk, Nonfat dry milk fortified with vitamins A and D, Evaporated milk, Dry whole milk, Dry cream, Heavy cream, Light cream, Light whipping cream, Sour cream, Acidified sour cream, Eggnog, Half-and-half, Yogurt, Lowfat yogurt, and Nonfat yogurt.

Part 133 Cheese and Related Cheese Products. Part 133 contains the requirements for 72 standardized cheeses by name or by general category. These regulations include product descriptions, composition requirements, allowable ingredients, and other pertinent information for each product. The individual standard will indicate if the cheese must be made with pasteurized milk or if it may be made with unpasteurized (raw) milk and then aged for at least 60 days and not less than 35ºF (1.7ºC). The individual standard may indicate specific processing techniques that define the product such as the piercing of blue-veined cheeses to allow for mold growth or the stretching of Mozzarella to obtain the characteristic texture. 

There are common cheeses that do not have Standards of Identity, such as Brie and Feta. Additionally, cheesemakers are innovative and create new types of cheeses that do not fall under standardized categories. These cheeses may be regulated under the general categories of Hard cheese (133.150), Semi-soft cheeses (133.187), or soft ripened cheeses (133.182). Contact your local inspector for more details on how your non-standardized cheeses are regulated.

The subparts are listed below, and the sections within these subparts contain the detailed information.

  A – General Provisions

  B – Requirements for Specific Standardized Cheese and Related Products

• Asiago fresh and asiago soft cheese, Asiago medium cheese, Asiago old cheese, Blue cheese, Brick cheese, Brick cheese for manufacturing, Caciocavallo siciliano cheese, Cheddar cheese, Cheddar cheese for manufacturing, Low sodium cheddar cheese, Colby cheese, Colby cheese for manufacturing, Low sodium colby cheese, Cold-pack and club cheese, Cold-pack cheese food, Cold-pack cheese food with fruits, vegetables or meats, Cook cheese koch kaese, Cottage cheese, Dry curd cottage cheese, Cream cheese, Cream cheese with other foods, Washed curd and soaked curd cheese, Washed curd cheese for manufacturing, Edam, Gammelost cheese, Gorgonzola cheese, Gouda cheese, Granular and stirred curd cheese, Granular cheese for manufacturing, Grated cheeses, Grated American cheese food, Hard grating cheeses, Gruyere cheese, Hard cheeses, Limburger cheese, Monterey cheese and monterey jack cheese, High-moisture jack cheese, Mozzarella cheese and scamorza cheese, Low-moisture mozzarella and scamorza cheese, Part-skim mozzarella and scamorza cheese, Low-moisture part-skim mozzarella and scamorza cheese, Muenster and munster cheese, Muenster and munster cheese for manufacturing, Neufchatel cheese, Nuworld cheese, Parmesan and reggiano cheese, Pasteurized blended cheese, Pasteurized blended cheese with fruits, vegetables, or meats, Pasteurized process cheese, Pasteurized process cheese with fruits, vegetables or meats, Pasteurized process pimento cheese, Pasteurized process cheese food, Pasteurized process cheese food with fruits, vegetables, or meats, Pasteurized cheese spread, Pasteurized cheese spread with fruits, vegetables, or meats, Pasteurized neufchatel cheese spread with other foods, Pasteurized process cheese spread, Pasteurized process cheese spread with fruits, vegetables, or meats, Provolone cheese, Soft ripened cheeses, Romano cheese, Roquefort cheese, sheep's milk blue-mold and blue-mold cheese from sheep's milk, Samsoe cheese, Sap sago cheese, Semisoft cheeses, Semisoft part-skim cheeses, Skim milk cheese for manufacturing, Spiced cheeses, Part-skim spiced cheeses, Spiced, flavored standardized cheeses, Swiss and emmentaler cheese, and Swiss cheese for manufacturing.

Part 135 Frozen Desserts. Part 135 contains the requirements for 5 standardized frozen desserts. These regulations include product descriptions, composition requirements, allowable ingredients, and labeling information that is specific to frozen desserts. The subparts are listed below, and the sections within these subparts contain the detailed information.

  A – General Provisions

  B – Requirements for Specific Standardized Frozen Desserts

• Ice cream and frozen custard, Goat's milk ice cream, Mellorine, Sherbet, and Water ices.

Title 7 Agriculture

Title 7 contains the regulations that pertain to agriculture. Part 58 contains information for dairy foods processors.

Part 58 Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products. Part 58 contains information related to the grading and inspection of dairy processing plants and product standards for UDSA graded products (described in the next section). The subparts are listed below, and the sections within these subparts contain the detailed information.

  A – Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products

• Definitions, Administration, Inspection or grading service, Appeal inspection or grading and resinstatement of regrading, Licensing of inspectors or graders, Fees and charges, Marking, branding and identifying product, Prerequisites to packaging products with official identification, Violation, Miscellaneous

  B – General Specifications for Dairy Plants Approved for USDA Inspection and Grading Services 

• General
  Definitions, Purpose, Approved plants, Premises, buildings, facilities, equipment, and utensils, Personnel, cleanliness and health
• Protection and Transport of Raw Milk and Cream
  Equipment and facilities, Quality specifications for raw milk, Operations and operating procedures, Packaging and general identification, Storage of finished product, Inspection, grading and official identification, Explanation of terms
• Supplemental Specifications for Plants Manufacturing, Processing, and Packaging Nonfat Dry Milk, Instant Nonfat Dry Milk, Dry Whole Milk, and Dry Buttermilk
  Definitions, Rooms and compartments, Equipment and utensils, Quality specifications for raw materials, Operating and operating procedures, Requirements for finished products bearing USDA official identification
• Supplemental Specifications for Plants Manufacturing, Processing and Packaging Butter and Butter Related Products
  Definitions, Rooms and compartments, Equipment and utensils, Quality specification for raw material, Operations and operating procedures, Requirements for finished products bearing USDA official identification
• Supplemental Specifications for Plants Manufacturing and Packaging Cheese
  Definitions, Rooms and compartments, Equipment and utensils, Quality specification for raw material, Operations and operating procedures, Requirements for finished products bearing USDA official identification
• Supplemental Specifications for Plants Manufacturing and Packaging Cottage Cheese
  Definitions, Rooms and compartments, Equipment and utensils, Quality specification for raw material, Operations and operating procedures, Requirements for cottage cheese bearing USDA official identification
• Supplemental Specifications for Plants Manufacturing, Processing and Packaging Frozen Desserts
  Definitions, Rooms and compartments, Equipment and utensils, Quality specification for raw material, Operations and operating procedures, Requirements for finished products bearing USDA official identification
• Supplemental Specifications for Plants Manufacturing and Packaging Pasteurized Process Cheese and Related Products
  Definitions, Equipment and utensils, Quality specification for raw material, Operations and operating procedures, Requirements for processed cheese bearing USDA official identification, Quality specifications for finished products
• Supplemental Specifications for Plants Manufacturing, Processing and Packaging Whey, Whey Products and Lactose
  Definitions, Rooms and compartments, Equipment and utensils, Quality specification for raw material, Operations and operating procedures, Requirements for finished products bearing USDA official identification
• Supplemental Specifications for Plants Manufacturing, Processing and Packaging Evaporated and Condensed Milk or Ultra-pasteurized Products
  Definitions, Equipment and utensils, Operations and operating procedures, Quality specification for raw material, Requirements for finished products bearing USDA official identification

C – [Reserved]

W – United States Department of Agriculture Standards for Ice Cream
United States standard for ice cream, General identification, Official identification

USDA Grades and Standards

The United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) provides a grading service for commodity products including dairy foods, meats, eggs, seafood, grains, nuts, flowers, cotton, wool, and other products. The quality standards for each grade are determined for the specific commodity and product, and provide a common language of quality.

USDA grading is a voluntary program. The use of the USDA grade and shield assures customers that the product has undergone review by a trained inspector and meets the appropriate standards. This program is often used by large-scale manufacturers for sales to large-volume customers and for export as proof that their products meet quality standards. An example that may be familiar to many home consumers is the presence of the USDA shield and the term "Grade AA" on butter purchased from the grocery store.

The USDA grading standards for dairy products encompass various aspects of quality including appearance, composition, and performance standards. The regulations for USDA inspection and grading are covered under 7 CFR 58, which was discussed above.

The products that fall under USDA grading include:

• American cheese, Butter, Cheddar cheese, Colby cheese, Dry buttermilk and dry buttermilk products, Dry whey, Dry whole milk, Edible dry casein (acid), Ice cream, Instant nonfat dry milk, Monterey (Monterey Jack) cheese, Nonfat dry milk (roller process), Nonfat dry milk (spray process), Swiss cheese and Emmentaler cheese, and Whipped butter

The AMS also has Dairy Product Quality Specifications that establish minimum acceptable requirements for some products not covered under the main grade standards. These products include:

• Light butter, Margarine/butter blend, Vegetable oil margarine, Ghee, Mozzarella cheese, Shredded cheddar cheese, Loaf, sliced, shredded, and diced muenster cheese, Cottage cheese and dry curd cottage cheese, Cream cheese, cream cheese with other foods and related products, Reduced fat cheddar cheese, Ricotta cheeses, Yogurt, lowfat yogurt and nonfat yogurt, Sour cream and acidified sour cream, Instant dry whole milk, Dry whey protein concentrate

Summary

It is the processor's responsibility to be aware of and conform to the legal requirements for the products they make. Many dairy foods have federal standards based on composition, manufacturing, and quality requirements that must be met for the legal labeling of a product. These legal Standards of Identify are found in the Code of Regulations and must be met by all manufacturers of a standardized dairy food product. The USDA provides a voluntary grading service for some commodity dairy products to ensure quality standards are met.