902 KAR 45:030. Bakery products.

 

      RELATES TO: KRS Chapter 217

      STATUTORY AUTHORITY: KRS 194.050, 217.125

      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 217 authorizes the Cabinet for Human Resources to set standards of identity and labeling requirements for food products. The purpose of this administrative regulation is to prescribe requirements for specific standardized bakery products.

 

      Section 1. Definitions. (1) "Bread" if used in the name of the food means the unit weighs one-half (1/2) pound or more after cooling.

      (2) "Rolls and buns" if used in the name of food means the unit weighs less than one-half (1/2) pound after cooling.

 

      Section 2. Bread, Rolls and Buns; Standard of Identity; Label Statement of Optional Ingredients. (1) Each of the foods bread, white bread, rolls, white rolls, buns, white buns is prepared by baking a kneaded yeast-leavened dough, made by moistening flour with water or with one (1) or more of the optional liquid ingredients specified in this section or with a mixture of water and one (1) or more of the ingredients. The potassium bromate in any bromated flour used and the monocalcium phosphate in any phosphated flour used shall be deemed to be optional ingredients in the bread or rolls. Each of the finished foods contains not less than sixty-two (62) percent total solids as determined by the method prescribed in subsection (2) of this section. The following optional ingredients may be used:

      (a) Shortening may be used with one (1) or any combination of two (2) or more of the following:

      1. Lecithin, hydroxylated lecithin (either of which may include related phosphatides derived from the corn oil or soybean oil from which the ingredients were obtained).

      2. Mono- and diglycerides of fat-forming fatty acids, diacetyl tartaric acid esters of mono- and diglycerides of fat-forming fatty acids, propylene glycol mono- and diesters of fat-forming fatty acids, and other ingredients that perform a similar function.

      (b) Milk or other dairy products in the quantity and composition as not to meet the requirements for milk or other dairy ingredients prescribed for milk bread by Section 4 of this administrative regulation. If nonfat milk solids in any form are used, approved carrageenan or salts of carrageenan may be used, in a quantity not in excess of eight-tenths (0.8) percent by weight of nonfat milk solids.

      (c) Egg products.

      (d) Nutritive carbohydrate sweeteners.

      (e) Enzyme active preparations.

      (f) Lactic-acid producing bacteria.

      (g) Nonwheat flours, nonwheat meals, nonwheat grits, wheat and nonwheat starches (which may be wholly or in part dextrinized), dextrinized wheat flour, or any combination of two (2) or more of these; if the total quantity is not more than three (3) parts for each 100 parts by weight of flour used.

      (h) Ground dehulled soybeans may be heat-treated and have oil removed, but retain enzymatic activity; but the quantity is not more than five-tenths (0.5) part of each 100 parts by weight of flour used.

      (i) Yeast nutrients and calcium salts; if the total quantity of the ingredients, with the exception of monocalcium phosphate and calcium propionate, is not more than 0.25 part for each 100 parts by weight of flour used. The quantity of monocalcium phosphate including the quantity in the flours used, is not more than 0.75 part for each 100 parts by weight of flour used. A calcium propionate used as a preservative in bread, rolls, or buns is not subject to the limitation prescribed in this subsection.

      (j) Potassium bromate, calcium bromate, potassium iodate, calcium iodate, calcium peroxide, or any combination of two (2) or more of these; if the total quantity, including the potassium bromate in any bromated flour used, is not more than 0.0075 part for each 100 parts by weight of flour used.

      (k) Azodicarbonamide; if the total quantity, including any quantity in the flour used, is not more than 0.0045 part for each 100 parts by weight of flour used.

      (l) Dough strengtheners and other dough conditioners not listed or referred to in this subsection; if the total quantities of the ingredients or combination is not more than five-tenths (0.5) part for each 100 parts by weight of flour used.

      (m) Spices, spice oil, and spice extract.

      (n) Coloring may not be added as part of another ingredient except as permitted by paragraph (m) of this subsection and except that coloring which may be present in butter or margarine if the intensity of the butter or margarine color does not exceed "medium high" (MH) if viewed under diffused light (7400 Kelvin) against the Munsell Butter Color Comparator. The MH designation corresponds to the Munsell renotation of 3.8Y 7.9/7.6.

      (o) Other ingredients that do not change the basic identity or adversely affect the physical and nutritional characteristics of the food.

      (2) Total solids are determined by the method prescribed in "Official Methods of Analysis of the Association of Official Agricultural Chemists", Fifteenth Edition (1990), Method No. 935.36(a) except that if the baked unit weighs one (1) pound or more, one (1) entire unit is used for the determination. If the baked unit weighs less than one (1) pound, enough units to weigh one (1) pound or more are used. Copies of the "Official Methods of Analysis of the Association of Official Analytical Chemists", incorporated by reference, may be viewed at the Office of the Commissioner, Department for Health Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, between the hours of 8 a.m. and 4:30 p.m. Copies may also be obtained from the Association of Official Analytical Chemists, 2200 Wilson Boulevard, Suite 400, Arlington, VA 22201-3301.

      (3) Required label statement of identity.

      (a) If the baked product meets the requirements described in Sections 1 and 2(1) of this administrative regulation, then the product labeling shall declare the name to be "bread", "white bread", "rolls", "white rolls", "buns", or "white buns", as applicable. If the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be "egg bread", "egg rolls", or "egg buns", as applicable, accompanied by the statement "Contains - medium-sized egg(s) per pound" in easily legible bold face print or type, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth (1/5) egg but not greater than the amount actually present. For purposes of this administrative regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of nonegg solids which may be present in standardized and other commercial egg products. One (1) medium-sized egg is equivalent to 0.41 ounce of whole egg solids.

      (b) If the label bears a representation, other than in the ingredient listing, of the presence of egg in the food, e.g., the word egg or a phonetic equivalent spelling of the word egg, or a picture of an egg, the food shall contain not less than 2.56 percent of whole egg solids.

      (c) All ingredients used in the food shall be declared on the label.

 

      Section 3. Enriched Bread and Enriched Rolls or Enriched Buns; Identity; Label Statements of Optional Ingredients. (1) Each of the foods enriched bread, enriched rolls, and enriched buns conforms to the definitions and standard of identity prescribed in Sections 1 and 2 of this administrative regulation; and is subject to the requirements for label statement of optional ingredients prescribed for bread by Section 2(1) and (3) of this administrative regulation, except that:

      (a) Each food contains in each pound:

      1. One and eight-tenths (1.8) milligrams of thiamine;

      2. One and one-tenth (1.1) milligrams of riboflavin;

      3. Fifteen (15) milligrams of niacin; and

      4. Twelve and five-tenths (12.5) milligrams of iron.

      (b) Each food may contain added calcium in a quantity that the total calcium content is 600 milligrams per pound of the finished food. If insufficient calcium is added to meet the 600 milligram level per pound of the finished food, no claim may be made on the label for calcium as a nutrient.

      (c) The requirements of paragraphs (a) and (b) of this subsection will have been met if reasonable overages of the vitamins and minerals, within the limits of good manufacturing practice, are present to insure that the required levels of the vitamins and minerals are maintained throughout the expected shelf life of the food under customary conditions of distribution and storage. The quantitative content of the following vitamins shall be calculated in terms of the following chemically identifiable reference forms:

REFERENCE FORM

Vitamin

Name

Empirical

formula

Molecular

weight

Thiamine

Thiamine

chloride

hydrochloride

C12H17ClN4OS

HCl

337.28

Riboflavin

Riboflavin

C17H20N4O6

376.37

Niacin

Niacin

C6H5NO2

123.11

      (d) Each food may also contain wheat germ or partly defatted wheat germ, but the total quantity thereof, including any wheat germ or partly defatted wheat germ in any enriched flour used, shall not be more than five (5) percent of the flour ingredient.

      (e) Enriched flour may be used, in whole or in part, instead of flour. As used in this section, the term "enriched flour" includes enriched bromated flour.

      (f) The limitation prescribed by Section 2(1)(b) of this administrative regulation on the quantity and composition of milk and dairy ingredients does not apply.

      (g) The vitamins and minerals added to the food for enrichment purposes may be supplied by any safe and suitable substances. Niacin equivalents as derived from tryptophan content shall not be used in determining total niacin content.

      (2) If the baked product meets the requirements prescribed in Sections 1 and 2 of this administrative regulation and this section, then the product labeling shall declare the name to be "enriched bread", "enriched rolls", or "enriched buns", as applicable. If the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be "enriched egg bread", "enriched egg rolls", or "enriched egg buns", as applicable, accompanied by the statement "Contains - medium-sized egg(s) per pound" in easily legible bold face print or type. The blank shall be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth (1/5) egg, but not greater than the amount actually present. For purposes of this administrative regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of nonegg solids which may be present in standardized and other commercial egg products. One (1) medium-sized egg is equivalent to 0.41 ounce of whole egg solids. If the food complies with the requirements for milk and other dairy products content in Section 2 of this administrative regulation for milk bread, the name of the food may be "enriched milk bread", "enriched milk rolls", or "enriched milk buns", as applicable. If the food complies with the requirements for both enriched egg bread and enriched milk bread in this section, the name of the food may be "enriched milk and egg bread", "enriched milk and egg rolls", or "enriched milk and egg buns", as applicable, accompanied by the statement "Contains - medium-sized egg(s) per pound" in easily legible bold face print or type, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth (1/5) egg, but no greater than the amount actually present. For purposes of this administrative regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of nonegg solids which may be present in standardized or other commercial egg products. One (1) medium-sized egg is equivalent to 0.41 ounce of whole egg solids.

 

      Section 4. Milk Bread and Milk Rolls or Milk Buns; Identity; Label Statement of Optional Ingredients. (1) Each of the foods milk bread, milk rolls, and milk buns conforms to the definitions and standard of identity prescribed in Sections 1 and 2 of this administrative regulation and is subject to the requirements for label statement of optional ingredients prescribed for bread and rolls or buns by Section 2(1), (2) and (3) of this administrative regulation, except that:

      (a) The only moistening ingredient permitted in the preparation of the dough is milk or, as an alternative, a combination of dairy products in a proportion that the weight of the nonfat milk solids is not more than two and three-tenths (2.3) times and not less than one and two-tenths (1.2) times the weight of the milkfat therein, with or without water, in a quantity that provides not less than eight and two-tenths (8.2) parts milk solids for each 100 parts by weight of flour.

      (b) No buttermilk, buttermilk products, cheese whey, cheese whey product, or milk protein is used.

      (2) If the baked product meets the requirements prescribed in Sections 1 and 2 of this administrative regulation and this section, then the product labeling shall declare the name to be "milk bread", "milk rolls", or "milk buns", as applicable.

 

      Section 5. Raisin Bread and Raisin Rolls or Raisin Buns; Standard of Identity; Label Statement of Optional Ingredients. (1) Each of the foods raisin bread, raisin rolls, and raisin buns conforms to the definitions and standard of identity prescribed in Sections 1 and 2 of this administrative regulation and is subject to the requirements for label statement of optional ingredients, prescribed for bread and rolls or buns by Section 2(1) and (3) of this administrative regulation, except that:

      (a) Not less than fifty (50) parts by weight of seeded or seedless raisins are used for each 100 parts by weight of flour used.

      (b) Water extract of raisins may be used, but not to replace raisins.

      (c) The baked units may bear icing or frosting.

      (d) The limitation prescribed by Section 2(1)(b) of this administrative regulation on the quantity and composition of dairy ingredients does not apply.

      (e) The total solids are determined by the method prescribed in "Official Methods of Analysis of the Association of Official Analytical Chemists", Fifteenth Edition (1990) Method no. 935.36(b). The "Official Methods of Analysis of the Association of Official Analytical Chemists", incorporated by reference, may be viewed at the Office of the Commissioner for Health Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, between the hours of 8 a.m. and 4:30 p.m.

      (2) If the baked product meets the requirements prescribed in Sections 1 and 2 of this administrative regulation and this section, then the product labeling shall declare the name to be "raisin bread", "raisin rolls", or "raisin buns", as applicable. If the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be "raisin and egg bread", "raisin and egg rolls", or "raisin and egg buns", as applicable, accompanied by the statement "Contains - medium-sized egg(s) per pound" in easily legible bold face print or type, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth (1/5) egg, but not greater than the amount actually present. For purposes of this administrative regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of nonegg solids which may be present in standardized and other commercial egg products. One (1) medium-sized egg is equivalent to 0.41 ounce of whole egg solids.

 

      Section 6. Whole Wheat Bread, Graham Bread, Entire Wheat Bread, and Whole Wheat Rolls, Graham Rolls, Entire Wheat Rolls, or Whole Wheat Buns, Graham Buns, Entire Wheat Buns; Identity; Label Statement of Optional Ingredients. (1) Each of the foods whole wheat bread, graham bread, entire wheat bread, whole wheat rolls, graham rolls, entire wheat rolls, whole wheat buns, graham buns, entire wheat buns conforms to the definitions and standard of identity prescribed in Sections 1 and 2 of this administrative regulation and is subject to the requirements for label statement of optional ingredients, prescribed for bread, rolls, and buns by Section 2(1) and (3) of this administrative regulation, except that:

      (a) The dough is made from the optional ingredient whole wheat flour, bromated whole wheat flour, or a combination. No flour, bromated flour, or phosphated flour is used. The potassium bromate in the bromated whole wheat flour used is an additional optional ingredient in the whole wheat bread, whole wheat rolls, or whole wheat buns.

      (b) The limitation prescribed by Section 2(1)(b) of this administrative regulation on the quantity and composition of dairy ingredients does not apply.

      (2) If the baked product meets the requirements prescribed in Sections 1 and 2 of this administrative regulation and this section, then the product labeling shall declare the name to be "whole wheat bread", "graham bread", "entire wheat bread", "whole wheat rolls", "graham rolls", "entire wheat rolls", "whole wheat buns", "graham buns", or "entire wheat buns", as applicable. (FDC-9; 1 Ky.R. 537; eff. 3-12-75; Am. 20 Ky.R. 2199; eff. 3-14-94.)