No standard of identity has been established for malted milk. A definition for malted milk was published in Food Inspection Decision (F.I.D.) 170, issued March 31, 1917 and the same definition was included in S.R.A., F.D. No. 2, Revision 5, issued in November 1936. This definition was adopted as a guide in enforcing the Food and Drugs Act of 1906:
The product made by combining whole milk with the liquid separated from a mash of ground barley malt and wheat flour, with or without the addition of sodium chloride, sodium bicarbonate and potassium bicarbonate, in such a manner as to secure the full enzymatic action of the malt extract, and by removing water. The resulting product contains not less than 7.5 percent of butterfat and not more than 3.5 percent of moisture.
After enactment of the Federal Food, Drug, and Cosmetic Act of 1938, malted milk was among the foods exempted from label declaration of ingredients requirement for labeling of non-standardized foods. The exemption was based on the expectation that standards would soon be established. However, no standard was established and on September 17, 1959, the exemption was terminated. In lieu of a standard the revised definition that appeared in Service and Regulatory Announcement, F.D. No. 2, Revision 5, November 1936, has been used as a guide.
Trade Correspondence (TC-297) issued May 7, 1940 included the following:
"An investigation which we made some years ago showed that malted milk drinks as served at soda fountains normally contain at least 0.5 ounce of malted milk in 10 fluid ounces of beverage. We believe that if you retain the name 'Chocolate Flavored Malted Milk Drink' for your product, the manufacturing formula should be revised so that the finished beverage will contain at least 0.5 ounce of malted milk in 10 fluid ounces of beverage. ***"
In the absence of a standard of identity the definition published in S.R.A., F.D. No. 2, Rev. 5, November 1936, will serve as a compliance guide for the identity of malted milk.