WASHINGTON — The Food and Drug Administration in the Nov. 22 issue of the Federal Register issued a temporary permit that allows Barry Callebaut USA L.L.C. to market test a product identified as ruby chocolate even though it deviates from the U.S. standards of identity for chocolate products. The permit, which is effective for 15 months, allows Barry Callebaut to evaluate commercial viability of the product and to collect data on consumer acceptance.

Zurich, Switzerland-based Barry Callebaut AG, the parent company of Chicago-based Barry Callebaut USA, introduced ruby chocolate in 2017 and identified it as the fourth type of chocolate, joining dark chocolate, milk chocolate and white chocolate. The company has gained approval for ruby chocolate, which has a reddish color and a fresh berry fruitiness, in several international markets.

Barry Callebaut last May launched the item as ruby couverture, instead of ruby chocolate, in the United States and Canada with a goal of establishing a new standard of identity. It may be used in applications like bars, tablets, bonbons, pastries and desserts.

The F.D.A. temporary permit covers the interstate market testing of ruby chocolate, which is identified as the solid or semiplastic food prepared by mixing and grinding cacao fat with one or more of the cacao ingredients, citric acid, one or more of optional dairy ingredients, and one or more optional nutritive carbohydrate sweeteners. The permit allows for the temporary marketing of about 60 million lbs of the test product.

The listing in the Federal Register may be found here.