For many years the name "potato chips" has been applied to thin slices of potatoes fried in deep fat.
*In the past,* firms have marketed articles they wish to identify as "potato chips" although these are not made by the traditional process of frying thin slices of potatoes in deep fat. These are made from dehydrated potatoes, with or without added carbohydrates from other sources, plus other ingredients commonly used in preparation of potato chips. Complaints were received both from individual manufacturers of potato chips and their trade association concerning the labeling of these new articles as "potato chips."
*The common or usual name regulation describing these products is codified at 21 CFR 102.41.*
Ingredients commonly used in preparing traditional potato chips, in addition to the potato ingredients, include shortening used as a frying medium; salt and sometimes other seasonings; antioxidants; preservatives such as ascorbic acid, sodium phosphate, sodium bisulfite; emulsifiers; and sufficient added dextrose to control browning of the chips.
The name "potato chips" may be used without qualification to describe the article made by frying thin slices of potato in deep fat.
The words "potato chips" will not be considered misleading in labeling an article whose composition differs from that of traditional potato chips only in having been processed from dried potatoes *provided that the food conforms to 21 CFR 102.41.*
The words "potato chips" will be considered misleading in labeling articles made from dried potatoes with significant amounts of added rice flour, corn starch, or other carbohydrates from sources other than potatoes, or which contain other ingredients not normally used in traditional potato chips.
*Material between asterisks is new or revised.*
Submit comments on this guidance document electronically via docket ID: FDA-2013-S-0610 - Specific Electronic Submissions Intended For FDA's Dockets Management Staff (i.e., Citizen Petitions, Draft Proposed Guidance Documents, Variances, and other administrative record submissions)
If unable to submit comments online, please mail written comments to:
Food and Drug Administration
5630 Fishers Lane, Rm 1061
Rockville, MD 20852
All comments should be identified with the title of the guidance.