Published October 28, 2015 by John-Michael Seibler (The Daily Signal)
Pushing the boundaries of jelly science is risky. You may sell food labeled as “jelly” only if it has a combination of two, three, four or five fruit juice ingredients pursuant to the specifications in paragraph (b)(1) of section 150.140 of title 21 of the Code of Federal Regulations.
You are free to sell a jelly that combines Dewberry, Gooseberry, Loganberry and Youngberry. The Food and Drug Administration appears to be OK with that mixture under 21 C.F.R § 150.140(b)(2). You could even sell a jelly with the same recipe that adds Boysenberry or Prickly Pear. But if you add Boysenberry and Prickly Pear, you’ve got six fruit juices, and you can’t label and sell your food as “jelly.” If you do, you’re a criminal.
You might try to feign ignorance of 21 C.F.R. § 150.140(a)–(e), but the Supreme Court established that only police can get the law wrong and not face charges.If you mistakenly think your six-fruit jelly is legal, that’s just sour grapes.
These federal regulations, under paragraph g of section 343 of Title 21 of the U.S. Code, do indeed make it a federal crime to sell a food product labeled as “jelly” unless the food meets specific definitions and standards.