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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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CPG Sec. 527.350 Eggnog; Egg Nog Flavored Milk - Common or Usual Names

BACKGROUND:

Standards of identity have not been promulgated for either eggnog or eggnog flavored milk.

The U.S. Public Health Service published in June 1966, after discussion with the Food and Drug Administration, definitions for "eggnog" and "eggnog flavored milk" for the benefit of communities interested in regulating them under the terms of the 1965 Recommended "Grade "A" Pasteurized Milk Ordinance." These definitions are incorporated in the 1993 revision of the "Ordinance" and are enforceable by those States and local authorities who have, by regulation, adopted the code.

POLICY:

Definitions for "eggnog" and "eggnog flavored milk" given in the "Grade "A" Pasteurized Milk Ordinance," 1993 Edition, are as follows:

Eggnog - Eggnog is a milk product consisting of a mixture of milk or milk products of at least 6.0 percent butterfat, at least 1.0 percent egg yolk solids, sweetener, and flavoring. Emulsifier and not over 0.5 percent stabilizer may be add.

Eggnog Flavored Milk - Eggnog flavored milk is a milk product consisting of a mixture of at least 3.25 percent butterfat, at least 0.5 percent egg yolk solids, sweetener, and flavoring, Emulsifier and a maximum of 0.5 percent stabilizer may be added.

The terms "eggnog" and "eggnog flavored milk" are each considered to be the common or usual name for the products so defined.

In the absence of a standard of identity, the definitions given in the Grade "A" Pasteurized Milk Ordinance will serve as compliance guides for the identity of "eggnog" and "eggnog flavored milk." A food represented as such should meet the compositional requirements of the definitions. If not otherwise adulterated or misbranded, such food is considered to be in compliance with the Federal Food, Drug, and Cosmetic Act.

The addition of yellow color may serve to adulterate the products under 403(b) of the Act since the use of such color would make the article appear to contain more egg yolk than it actually contains.

Labels of these foods *must list each ingredient by common or usual name in descending order of predominance by weight in accordance with 21 CFR 101.4(a)(1)*.

*Material between asterisks is new or revised.*

Issued: 12/3/73
Revised: 10/1/80, 3/95, 5/05

Updated:  11/29/05