Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.100 Cochineal extract; carmine. ( a ) *Identity.* ( 1 ) The color additive cochineal extract is the concentrated solution obtained after removing the alcohol from an aqueous-alcoholic extract of cochineal (*Dactylopius coccus costa* (*Coccus cacti* L.)). The coloring principle is chiefly carminic acid.
( 2 ) The color additive carmine is the aluminum or calcium-aluminum lake on an aluminum hydroxide substrate of the coloring principles, chiefly carminic acid, obtained by an aqueous extraction of cochineal (*Dactylopius coccus costa* (*Coccus cacti* L.)).
( 3 ) Color additive mixtures for food use made with cochineal extract or carmine may contain only diluents that are suitable and that are listed in this subpart as safe in color additive mixtures for coloring foods.
( b ) *Specifications.* ( 1 ) Cochineal extract shall conform to the following specifications: pH, not less than 5.0 and not more than 5.5 at 25 °C. Protein (N × 6.25), not more than 2.2 percent. Total solids, not less than 5.7 and not more than 6.3 percent. Methyl alcohol, not more than 150 parts per million. Lead (as Pb), not more than 10 parts per million. Arsenic (as As), not more than 1 part per million. Carminic acid, not less than 1.8 percent.
( 2 ) Carmine shall conform to the following specifications: Volatile matter (at 135 °C. for 3 hours), not more than 20.0 percent. Ash, not more than 12.0 percent. Lead (as Pb), not more than 10 parts per million. Arsenic (as As), not more than 1 part per million. Carminic acid, not less than 50.0 percent.
Carmine and cochineal extract shall be pasteurized or otherwise treated to destroy all viable Salmonella microorganisms. Pasteurization or such other treatment is deemed to permit the adding of safe and suitable substances (other than chemical preservatives) that are essential to the method of pasteurization or other treatment used. For the purposes of this paragraph, safe and suitable substances are those substances that perform a useful function in the pasteurization or other treatment to render the carmine and cochineal extract free of viable Salmonella microorganisms, which substances are not food additives as defined in section 201(s) of the act or, if they are food additives as so defined, are used in conformity with regulations established pursuant to section 409 of the act.
( c ) *Uses and restrictions.* Carmine and cochineal extract may be safely used for coloring foods generally in amounts consistent with good manufacturing practice, except that they may not be used to color foods for which standards of identity have been promulgated under section 401 of the act unless added color is authorized by such standards.
( d ) *Labeling requirements.* ( 1 ) The label of the color additives and any mixtures intended solely or in part for coloring purposes prepared therefrom shall conform to the requirements of § 70.25 of this chapter.
( 2 ) The label of food products intended for human use, including butter, cheese, and ice cream, that contain cochineal extract or carmine shall specifically declare the presence of the color additive by listing its respective common or usual name, “cochineal extract” or “carmine,” in the statement of ingredients in accordance with § 101.4 of this chapter.
( e ) *Exemption from certification.* Certification of these color additives is not necessary for the protection of the public health, and therefore batches thereof are exempt from the certification requirements of section 721(c) of the act.
[42 FR 15643, Mar. 22, 1977, as amended at 74 FR 216, Jan. 5, 2009]