(a) Whey protein concentrate is the substance obtained by the removal of sufficient nonprotein constituents from whey so that the finished dry product contains not less than 25 percent protein. Whey protein concentrate is produced by physical separation techniques such as precipitation, filtration, or dialysis. As with whey, whey protein concentrate can be used as a fluid, concentrate, or dry product form. The acidity of whey protein concentrate may be adjusted by the addition of safe and suitable pH-adjusting ingredients.

(b) The whey protein concentrate meets the following specifications:

(1) The analysis of whey protein concentrate, on a dry product basis, based on analytical methods in the referenced sections of “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th ed. (1980), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, is given in paragraphs (b)(1)(i) through (b)(1)(vii) of this section. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

(i) Protein content, minimum 25 percent—as determined by the methods prescribed in section 16.036 (liquid sample), entitled “Total Nitrogen—Officials Final Action” under the heading “Total Solids,” or in section 16.193 (dry sample), entitled “Kjeldahl Method” under the heading “Protein—Official Final Action.”

(ii) Fat content, 1 to 10 percent—as determined by the methods prescribed in section 16.059 (liquid sample), “Reese-Gottlieb Method [Reference Method] (11)—Official Final Action” under the heading “Fat,” or in section 16.199 (dry sample), entitled “Fat in Dried Milk (45)—Official Final Action.”

(iii) Ash content, 2 to 15 percent—as determined by the methods prescribed in section 16.035 (liquid sample), entitled “Ash (5)—Official Final Action” under the heading “Total Solids,” or in section 16.196 (dry sample), entitled “Ash—Official Final Action” under the heading “Dried Milk, Nonfat Dry Milk, and Malted Milk.”

(iv) Lactose content, maximum 60 percent—as determined by the methods prescribed in section 16.057 (liquid sample), entitled “Gravimetric Method—Official Final Action” under the heading “Lactose,” or in section 31.061 (dry sample), entitled “Lane-Eynon General Volumetric Method” under the heading “Lactose—Chemical Methods—Official Final Action.”

(v) Moisture content, 1 to 6 percent—as determined by the methods prescribed in section 16.192, entitled “Moisture (41)—Official Final Action” under the heading “Dried Milk, Nonfat Dry Milk, and Malted Milk.”

(vi) Solids content, variable—as determined by the methods prescribed in section 16.032, entitled “Method I—Official Final Action” under the heading “Total Solids.”

(vii) Titratable Acidity, variable—as determined by the methods prescribed in section 16.023, entitled “Acidity (2)—Official Final Action” under the heading “Milk,” or by an equivalent potentiometric method.

(2) Limits of impurities are: Heavy metals (as lead). Not more than 10 parts per million (0.001 percent), as determined by the method described in the “Food Chemicals Codex,” 4th ed. (1996), pp. 760-761, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the National Academy Press, Box 285, 2101 Constitution Ave. NW., Washington, DC 20055 (Internet address http://www.nap.edu), or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

(3) The whey protein concentrate shall be derived from milk that has been pasteurized, or the whey protein concentrate shall be subjected to pasteurization techniques or its equivalent before use in food.

(c) The whey protein concentrate may be used in food in accordance with good manufacturing practice as indicated in §184.1(b)(1).

(d) The percent of protein present on a dry product basis, i.e., “whey protein concentrate (__% protein),” shall be declared on the label of the package sold to food manufacturers. The percent of protein may be declared in 5-percent increments, expressed as a multiple of 5, not greater than the actual percentage of protein in the product, or as an actual percentage provided that an analysis of the product on which the actual percentage is based is supplied to the food manufacturer.

(e) The presence of whey protein concentrate in a finished food product shall be listed as “whey protein concentrate”.

[46 FR 44441, Sept. 4, 1981, as amended at 54 FR 24899, June 12, 1989; 64 FR 1761, Jan. 12, 1999; 81 FR 5596, Feb. 3, 2016]