Findings of fact and standards of identity for fruit jellies were published in the Federal Register of September 5, 1940. There are, however, jellies made from juices of fruits other than those named in the standard of identity. Jellied products resembling jelly are also made from extractions and juices of products other than fruits. The Food and Drug Administration has not objected to manufacture and sale of these nonstandardized or non-fruit jellies provided they are informatively labeled and do not purport to be standardized articles.
The record of hearing and findings of fact which form the basis for the standard of identity also form the basis for and support of requirements with respect to nonstandardized jellies. The findings most readily applicable to nonstandardized jellies are as follows:
A jelly is the semi-solid food of gelatinous consistency obtained by concentrating, by the application of heat, a mixture of fruit juice or diluted or concentrated fruit juice and saccharine ingredients, in which the fruit juice is not less than 45 parts by weight and the saccharine ingredients no more than 55 parts by weight.
One of the factors on the basis of which a product is identified as a jelly is its consistency.
Pectin and acid, substances naturally present in all fruits used for making jelly, are essential to the jellying of jelly.
Acid deficiency of a fruit juice ingredient is supplied by adding a suitable quantity of a vinegar, or lemon juice, or lime juice, or citric acid, or lactic acid, or malic acid, or tartaric acid, or any combination of two or more of these.
By adding abnormally large quantities of pectin or acid, or both, a substantial part of the normal fruit juice content of jelly can be replaced by water and excessive saccharine ingredients; such a product through its consistency and appearance, purports to be jelly and such use of pectin and acid is regarded as deceptive.
When fruit juice content and the degree of concentration of jelly are fixed at proper limits, any inducement for adding pectin or acid or both, in quantities greater than are required to supply the natural deficiency of those substances is eliminated.
The name of a jelly in which a single fruit juice ingredient is used is “jelly” preceded or followed by the name of the fruit from which the fruit juice was extracted.
Nonstandardized fruit jellies should be made with 45 parts of fruit to 55 parts of sugar and concentrated to 65 percent soluble solids with the exception of black currant jelly.
Due to a high pectin content, black currants cannot be used in the 45/55 ratio to produce satisfactory preserves, jams or jelly. Instead, a fruit/sugar ratio of 27 parts black currants to 55 parts sugar is ordinarily used.
Nonstandardized non-fruit jellies should have a soluble solids content of 65 percent and organoleptic characteristics suggested by the name. Although mixtures of standardized and nonstandardized jellies are not provided for by the standard of identity, the Food and Drug Administration recognizes that articles that are acceptable to the consumer can be fabricated from mixtures of these foods. Therefore no objection will be taken to such mixtures provided they are informatively labeled in a truthful and non-misleading fashion.
In labeling nonstandardized jellies, the word “jelly” in the name should be preceded or followed by the name or names of the fruit or flavor source. All ingredients must be listed by specific common or usual name in *descending order of predominance by weight in accordance* with section 403(i)(2) of the Federal Food, Drug, and Cosmetic Act and regulations *(21 CFR 101.4(a)(1))*.
*Material between asterisks is new or revised*