#### § 104.47 Frozen “heat and serve” dinner.

(a) A product, for which a common or usual name is established in [§ 102.26 of this chapter](/on/2024-09-17/title-21/section-102.26), in order to be eligible to bear the guideline statement set forth at [§ 104.5(b)](/on/2024-09-17/title-21/section-104.5#p-104.5(b)), shall contain at least the following three components:

(1) One or more sources of protein derived from meat, poultry, fish, cheese, or eggs.

(2) One or more vegetables or vegetable mixtures other than potatoes, rice, or cereal-based product.

(3) Potatoes, rice, or cereal-based product (other than bread or rolls) or another vegetable or vegetable mixture.

(b) The three or more components named in [paragraph (a)](/on/2024-09-17/title-21/section-104.47#p-104.47(a)) of this section, including their sauces, gravies, breading, etc.:

(1) Shall contribute not less than the minimum levels of nutrients prescribed in [paragraph (d)](/on/2024-09-17/title-21/section-104.47#p-104.47(d)) of this section.

(2) Shall be selected so that one or more of the listed protein sources of [paragraph (a)(1)](/on/2024-09-17/title-21/section-104.47#p-104.47(a)(1)) of this section, excluding their sauces, gravies, breading, etc., shall provide not less than 70 percent of the total protein supplied by the components named in [paragraph (a)](/on/2024-09-17/title-21/section-104.47#p-104.47(a)) of this section.

(c) If it is necessary to add any nutrient(s) in order to meet the minimum nutrient levels prescribed in [paragraph (d)](/on/2024-09-17/title-21/section-104.47#p-104.47(d)) of this section, the addition of each such nutrient may not result in a total nutrient level exceeding 150 percent of the minimum level prescribed. Nutrients used for such addition shall be biologically available in the final product.

(d) Minimum levels of nutrients for a frozen “heat and serve” dinner are as follows:

| Nutrient | Minimum levels for frozen “heat and serve” dinner— | |
| --- | --- | --- |
| For each 100 Calories (keal) of the total components specified in par. (a) | For the total components specified in par. (a) |
| Protein, grams | 4.60 | 16.0 |
| Vitamin A, IU | 150.00 | 520.0 |
| Thiamine, mg | .05 | .2 |
| Riboflavin, mg | .06 | .2 |
| Niacin, mg | .99 | 3.4 |
| Pantothenic acid, mg | .32 | 1.1 |
| Vitamin, B6, mg | .15 | .5 |
| Vitamin, B1 | .33 | 1.1 |
| Iron, mg | .62 | 2.2 |

(1) A frozen “heat and serve” dinner prepared from conventional food ingredients listed in [paragraph (a)](/on/2024-09-17/title-21/section-104.47#p-104.47(a)) of this section will also contain folic acid, magnesium, iodine, calcium, and zinc. Minimum levels for these nutrients cannot be established at the present time but may be specified as additional data are obtained.

(2) The minimum levels for pantothenic acid, vitamin B-6, and vitamin B-12 are tentative. Final levels will be established when sufficient data are available. Until final levels are established, a product containing less than the tentative levels will not be deemed to be misbranded when labeled in accordance with [§ 104.5(b)](/on/2024-09-17/title-21/section-104.5#p-104.5(b)).

(3) When technologically practicable, iodized salt shall be used or iodine shall be present at a level equivalent to that which would be present if iodized salt were used in the manufacture of the product.

(4) When technologically practicable, product components and ingredients shall be selected to obtain the desirable calcium to phosphorous ratio of 1:1. Technological addition of phosphates shall be minimized and shall not exceed the amount necessary for the intended effect.

(e) If the product includes servings of food which are not prescribed by [paragraph (a)](/on/2024-09-17/title-21/section-104.47#p-104.47(a)) of this section (e.g., soup, bread or rolls, beverage, or dessert), their contribution shall not be considered in determining compliance with the nutrient levels established in [paragraph (d)](/on/2024-09-17/title-21/section-104.47#p-104.47(d)) of this section but shall be included in any nutrition labeling.

(f) For the purposes of labeling, an “average serving” shall be one entire frozen “heat and serve” dinner.

[[42 FR 14327](https://www.federalregister.gov/citation/42-FR-14327), Mar. 5, 1977]