(xii) Lemon juice or concentrated lemon juice.

(xiii) Butter in a quantity not less than 3 percent by weight of the finished food. When butter is added, safe and suitable emulisfiers or stabilizers, or both, may be added in a quantity not more than reasonably necessary to accomplish the intended effect. Such emulsifiers and stabilizers are deemed to be safe if they are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act, or if they are food additives as so defined, they are used in conformity with regulations established pursuant to section 409 of the act. When butter is added, no spice or flavoring simulating the color or flavor imparted by butter is used.

(4) In the case of all vegetables, the following optional ingredients may be added:

(i) Salt.

(ii) Monosodium glutamate.

(iii) Disodium inosinate complying with the provisions of § 121.1090 of this chapter.

(iv) Disodium guanylate complying with the provisions of § 121.1109 of this chapter.

(v) Hydrolyzed vegetable protein.
(vi) Autolyzed yeast extract.

(5) In the case of all vegetables except canned mushrooms, flavoring (except artificial) may be added.

(6) (i) In the case of potatoes, purified calcium chloride, calcium sulfate, calcium citrate, monocalcium phosphate, or any mixture of two or more such calcium salts, in a quantity reasonably necessary to firm the potatoes, but in no case in a quantity such that the calcium contained in any such salt or mixture is more than 0.1 percent of the weight of the finished food.

(ii) In the case of green sweet peppers, red sweet peppers, or lima beans, purified calcium chloride, calcium sulfate, calcium citrate, monocalcium phosphate, or any mixture of two or more such calcium salts, in a quantity reasonably necessary to firm the peppers or lima beans, but in no case in a quantity such that the calcium contained in such calcium salt or mixture is more than 0.026 percent of the weight of the finished food.

(iii) In the case of canned bean sprouts, calcium lactate may be added in an amount reasonably necessary to improve crispness but not in an amount such that calcium contained therein ex

ceeds 0.051 percent of the weight of the finished food.

(iv) In the case of carrots, purified calcium chloride, calcium sulfate, calcium citrate, monocalcium phosphate, or any mixture of two or more such calcium salts, in a quantity reasonably necessary to firm the carrots, but in no case in a quantity such that the calcium contained in any such salt or mixture is more than 0.036 percent by weight of the finished food.

(7) In the case of canned mushrooms, ascorbic acid (vitamin C) may be added in a quantity not to exceed 37.5 milligrams for each ounce of drained weight of mushrooms.

(8) In the case of canned artichokes packed in glass containers, ascorbic acid may be added in a quantity not to exceed 32 milligrams per 100 grams of the finished food.

(9) In the case of canned asparagus packed in glass containers, stannous chloride may be added in a quantity not to exceed 15 parts per million calculated as tin (Sn), except that in the case of asparagus packed in glass containers with lids lined with an inert material the quantity of stannous chloride added may exceed 15 parts per million but not 20 parts per million calculated as tin (Sn).

(10) In the case of canned black-eyed peas, disodium EDTA may be added in a quantity not to exceed 145 parts per million.

(11) In the case of potatoes, calcium disodium EDTA may be added in a quantity not to exceed 110 parts per million.

(12) Citric acid or a vinegar, in the cases of all vegetables (except artichokes, in which such ingredient is prescribed, and except canned mushrooms, in which no such ingredient is permitted), in a quantity which, together with the amount of any lemon juice or concentrated lemon juice that may be added, is not more than sufficient to permit effective processing by heat without discoloration or other impairment of the article.

(d) The name of each canned vegetable for which a definition and standard of identity is prescribed by this section is the name or any synonym thereof whereby such vegetable is designated in column I of the table in paragraph (b) of this section.

(e) When two or more forms of the vegetable are specified in Column III of

the table in paragraph (b) of this section, the label shall bear the specified word or words, or in case synonyms are so specified, one of such synonyms, showing the form of the vegetable ingredient present; except that in the case of canned spinach, if the whole leaf is the optional form used, the word "spinach” unmodified may be used in lieu of the words “whole leaf spinach."

(f) (1) If the optional ingredient specified in paragraph (c) (1) of this section is present, the label shall bear the statement" oil added" or "With added

-

oil," the blank being filled in with the common or usual name of the oil.

(2) If asparagus juice is used as a packing medium in canned asparagus, the label shall bear the statement "Packed in asparagus juice."

(3) If the optional ingredient specified in paragraph (c) (2) of this section is present, the label shall bear the statement "With snaps."

(4) If one or more of the optional seasoning ingredients specified in paragraph (c) (3) (vi) to (xiii), inclusive, of this section are used, the label shall bear the statement "Seasoned with

," the blank being filled in with the name(s) of the ingredient(s) used. If the seasoning ingredient vinegar is used, such statement may include the name of the vinegar; for example, "Seasoned with cider vinegar." Any optional ingredient specified in paragraph (c) (3) (xiii) of this section used in connection with butter shall be designated on the label by its common or usual

name.

(5) If one or more of the optional ingredients specified in paragraph (c) (4) of this section are used, the label shall bear the statement". added" or "With added_ "the blank being filled in with the name(s) of the ingredient(s) used.

(6) If optional seasoning or flavoring ingredients as provided in paragraph (c) (3) (v) and (5) of this section are used, the label shall bear the word or words "spiced” or “spice added" or "with added spice" or "flavoring added" or "with added flavoring," as appropriate. In lieu of the words "spice" or "flavoring" in such statement, the common or usual name of such spice or flavoring may be used.

(7) If one or more of the optional ingredients specified in paragraph (c) (6)

66-041-72– -27

or "With added trace of the blank being filled in with the words "calcium salt" or "calcium salts," as the case may be, or with the name or names of the particular calcium salt or salts added.

(8) If the optional ingredient specified in paragraph (c) (6) (iii) of this section is present, the label shall bear the statement "Calcium lactate added to improve crispness."

(9) If the optional ingredient specified in paragraph (c)(8) of this section is present, the label shall bear the statement "Ascorbic acid added as a preservative" or "Ascorbic acid added to preserve color" or "Ascorbic acid added to retain color."

(10) If the optional ingredient specified in paragraph (c) (9) of this section is present, the label shall bear the statement "Stannous chloride added as a preservative," "Stannous chloride added to perserve color," or "Stannous chloride added to retain color."

(11) If the optional ingredient specified in paragraph (c) (10) of this section is present, the label shall bear the statement "Disodium EDTA added as a preservative" or "Disodium EDTA added to preserve color."

(12) If the optional ingredient specified in paragraph (c) (11) of this section is present, the label shall bear the statement "Calcium disodium EDTA added as a preservative" or "Calcium disodium EDTA added to preserve color."

(g) (1) Wherever the name of the vegetable appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements specified in paragraphs (e) and (f) (1) through (4) of this section (except as to any optional ingredient specified in paragraph (c) (3) (xiii) of this section used in connection with butter) shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter, except that the varietal name of the vegetable may so intervene; and if one or more of the optional seasoning ingredients specified in paragraph (c) (3) (vi) through (xiii) of this section are used, the word "seasoned" may so intervene.

(2) The words or statements specified in paragraph (f) (5) through (12) of this

section, showing the optional ingredients present, and those provided for in paragraph (f) (4) of this section as to any optional ingredient used in connection with butter as specified in paragraph (c) (3) (xiii) of this section, shall be set forth on the label with such prominence and conspicuousness as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase. If two or more such optional ingredients are present, such statements as are required may be combined; for example, "With added salt, spice, flavoring, and monosodium glutamate."

[20 F.R. 9621, Dec. 20, 1955, as amended at 25 F.R. 6469, July 9, 1960; 30 F.R. 131, Jan. 7, 1965; 32 F.R. 137, Jan. 7, 1967; 33 F.R. 2601, Feb. 6, 1968; 33 F.R. 3375, Feb. 27, 1968; 33 F.R. 12041, Aug. 24, 1968; 33 F.R. 18090, Dec. 5, 1968]

Sec.

PART 53-TOMATO PRODUCTS

53.1 Tomato juice; identity.

53.40

53.5 Yellow tomato juice; identity. 53.10 Catsup, ketchup, catchup; identity; label statement of optional ingredients. 53.20 Tomato puree, tomato pulp; identity; label statement of optional ingredients. 53.30 Tomato paste; identity; label statement of optional ingredients. Canned tomatoes; identity; label statement of optional ingredients. Canned tomatoes; quality; label statement of substandard quality. 53.42 Canned tomatoes; fill of container; label statement of substandard fill. AUTHORITY: The provisions of this Part 53 issued under secs. 401, 701, 52 Stat. 1046, as amended, 1055, as amended; 21 U.S.C. 341, 371.

53.41

§ 53.1 Tomato juice; identity.

Tomato juice is the unconcentrated liquid extracted from mature tomatoes of red or reddish varieties, with or without scalding followed by draining. In the extraction of such liquid, heat may be applied by any method which does not add water thereto. Such liquid is strained free from skins, seeds, and other coarse or hard substances, but carries finely divided insoluble solids from the flesh of the tomato. Such liquid may be homogenized, and may be seasoned with salt. When sealed in a container it is

so processed by heat, before or after sealing, as to prevent spoilage. [20 F.R. 9622, Dec. 20, 1955]

§ 53.5 Yellow tomato juice; identity.

Yellow tomato juice is the unconcentrated liquid extracted from mature tomatoes of yellow varieties. It conforms, in all other respects, to the definition and standard of identity for tomato juice prescribed in § 53.1.

[20 F.R. 9622, Dec. 20, 1955]

§ 53.10 Catsup, ketchup, catchup; identity; label statement of optional ingredients.

(a) Catsup, ketchup, catchup, is the food prepared from one or any combination of two or all of the following optional ingredients:

(1) The liquid obtained from mature tomatoes of red or reddish varieties.

(2) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.

(3) The liquid obtained from the residue from partial extraction of juice from such tomatoes.

Such liquid is obtained by so straining such tomatoes or residue, with or without heating, as to exclude skins, seeds, and other coarse or hard substances. Prior to straining, food-grade hydrochloric acid may be added to the tomato material at a rate to obtain a pH no lower than 2.0±0.2. Such acid is then neutralized with food-grade sodium hydroxide so that the treated tomato material is restored to a pH of 4.2±0.2, prior to straining. It is concentrated and seasoned with salt (sodium chloride formed during acid neutralization shall be considered added salt), a vinegar or vinegars, spices or flavorings or both, and onions or garlic or both, and is sweetened with sugar, or dextrose, or corn sirup (including dried corn sirup), or glucose sirup (including dried glucose sirup), or any mixture of these; provided that when the solids of corn sirup, or dried corn sirup, or glucose sirup, or dried glucose sirup (or any combination of these) used contains less than 58 percent by weight of reducing sugars calculated as anhydrous dextrose, then such corn sirup or glucose sirup shall be mixed with sugar or dextrose or

both, in such quantity that the weight of the solids of such corn sirup or dried corn sirup or both, or glucose sirup, or dried glucose sirup or both, is not more than one-third of the weight of the solids of such mixture. When sealed in a container, it is so processed by heat, before or after sealing, as to prevent spoilage.

(b) (1) For the purposes of this section, the term "corn sirup" means refined corn sirup (including dried corn sirup) the solids of which contain not less than 40 percent by weight of reducing sugars calculated as anhydrous dextrose.

(2) The term "glucose sirup" means a clarified, concentrated, aqueous solution of the products obtained by the incomplete hydrolysis of any edible starch. The solids of glucose sirup contain not less than 40 percent by weight of reducing sugars calculated as anhydrous dextrose. "Dried glucose sirup" means the product obtained by drying "glucose sirup."

"

(c) When optional ingredient specified in paragraph (a) (2) of this section, is present, in whole or in part, the label shall bear the statement "Made From (or "Made in Part From as the case may be) "Residual Tomato Material from Canning." When optional ingredient specified in paragraph (a) (3) of this section is present, in whole or in part, the label shall bear the statement "Made From ." (or "Made in Part From as the case may be) "Residual Tomato Material from Partial Extraction of Juice." If both such ingredients are present, such statements may be combined in the statement "Made From (or "Made in Part From

as the case may be) "Residual Tomato Material from Canning and from Partial Extraction of Juice." Wherever the name "Catsup," "Ketchup" or "Catchup" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement or statements specified in this paragraph showing the optional ingredients present shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter.

[20 F.R. 9622, Dec. 20, 1965, as amended at 33 F.R. 12139, Aug. 28, 1968; 36 F.R. 25223, Dec. 30, 1971]

EFFECTIVE DATE: At 36 F.R. 25223, Dec. 30, 1971, effective 60 days after publication, the closing text of paragraph (a) was amended. For the convenience of the user the superseded text is set forth below:

Such liquid is obtained by so straining such tomatoes or residue, with or without heating, as to exclude skins, seeds, and other coarse or hard substances. It is concentrated and seasoned with salt, a vinegar or vinegars, spices or flavorings or both, and onions or garlic or both and is sweetened with sugar, or dextrose, or corn sirup (including dried corn sirup) or glucose sirup (including dried glucose sirup) or any mixture of these; provided that when the solids of corn sirup, or dried corn sirup, or glucose sirup, or dried glucose sirup (or any combination of these) used contains less than 58 percent by weight of reducing sugars calculated as anhydrous dextrose, then such corn sirup or glucose sirup shall be mixed with sugar or dextrose or both, in such quantity that the weight of the solids of such corn sirup or dried corn sirup or both, or glucose sirup, or dried glucose sirup or both, is not more than onethird of the weight of the solids of such mixture. When sealed in a container it is so processed by heat, before or after sealing, as to prevent spoilage.

§ 53.20 Tomato puree, tomato pulp; identity; label statement of optional ingredients.

(a) Tomato puree, tomato pulp, is the food prepared from one or any combination of two or all of the following optional ingredients:

(1) The liquid obtained from mature tomatoes of red or reddish varieties.

(2) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.

(3) The liquid obtained from the residue from partial extraction of juice from such tomatoes.

(4) Salt.

Such liquid is obtained by so straining such tomatoes or residue, with or without heating, as to exclude skins, seeds, and other coarse or hard substances. Prior to straining, food-grade hydrochloric acid may be added to the tomato material at a rate to obtain a pH no lower than 2.0±0.2. Such acid is then neutralized with food-grade sodium hydroxide so that the treated tomato material is restored to a pH of 4.2±0.2, prior to straining. It is concentrated and may

be seasoned with salt (sodium chloride formed during acid neutralization shall be considered added salt). When sealed in a container, it is so processed by heat, before or after sealing, as to prevent spoilage. It contains not less than 8.0 percent, but less than 24.0 percent, of natural tomato soluble solids, as determined by the following method: 1 Determine the refractive index of the clear serum obtained from the product, corrected for temperature, converting the resultant index to "% Sucrose" in accordance with the "International Scale of Refractive Indices of Sucrose at 20° C.," pages 931-33, 935, Reference Tables 47.012, 47.013, and 47.015 of the book "Official Methods of Analysis of the Association of Official Analytical Chemists," 11th edition, 1971. If no salt has been added, this percent sucrose from the reference table shall be considered the percent of natural tomato soluble solids. If salt has been added, determine the percent of sodium chloride by the method prescribed on page 561, section 32.017, under "Sodium Chloride-Official," of said book, Subtract the percent of sodium chloride from the percent of total soluble solids found and multiply the difference by 1.016. The product shall be considered the percent of natural tomato soluble solids.

(b) (1) When the optional ingredient specified in paragraph (a) (2) of this section is present, in whole or in part, the label shall bear the statement "Made from residual tomato material from canning" or "Made in part from residual tomato material from canning," as the case may be. When the optional ingredient specified in paragraph (a) (3) of this section is present, in whole or in part, the label shall bear the statement "Made from residual tomato material from partial extraction of juice" or "Made in part from residual tomato material from partial extraction of juice," as the case may be. If both such ingredients are present, such statements may be combined in the statement "Made from residual tomato material from canning and from partial

1 "Collaborative Study of the Determination of Soluble Solids in Tomato Products by Refractive Index Expressed as Percent Sucrose" by Frank C. Lamb, National Canners Association, 1950 Sixth Street, Berkeley, CA 94710, "Journal of the Association of Official Analytical Chemists," vol. 52, No. 5 (1969), pp. 1050-54. Adopted as official, first action at the 1969 AOAC meeting.

extraction of juice" or "Made in part from residual tomato material from canning and from partial extraction of juice," as the case may be. When the optional ingredient specified in paragraph (a) (4) of this section is present, the label shall bear the statement "Salt added" or "With added salt."

(2) The name specified for the food covered by this section is "tomato puree" or alternatively "tomato pulp"; however, if the only optional tomato ingredient used is the ingredient specified in paragraph (a) (1) of this section and the food contains not less than 20.0 percent of natural tomato soluble solids, the name "concentrated tomato juice" may be used in lieu of the names "tomato puree" or "tomato pulp."

(3) Wherever the name "tomato puree" or "tomato pulp" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement or statements specified in this section, showing the optional ingredients present, shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter.

[20 F.R. 9623, Dec. 20, 1955, as amended at 25 F.R. 1687, Feb. 26, 1960; 34 F.R. 18420, Nov. 19, 1969; 36 F.R. 25223, Dec. 30, 1971]

EFFECTIVE DATE: At 36 F.R. 25223, Dec. 30, 1971, effective 60 days after publication, § 53.20 was amended as follows: (a) (4) was added, the closing text of (a) was revised, and (b) (1) was revised. For the convenience of the user the superseded text is set forth below:

(a)

Such liquid is obtained by so straining such tomatoes or residue, with or without heating, as to exclude skins, seeds, and other coarse or hard substances. It is concentrated and may be seasoned with salt. When sealed in a container it is so processed by heat, before or after sealing, as to prevent spoilage. It contains not less than 8.0 percent, but less than 24.0 percent, of natural tomato soluble solids, as determined by the following method: 1 Determine the refractive index of the clear serum obtained from the product, corrected for temperature, converting the resultant index to "% Sucrose" in accordance with the "International Scale of Refractive Indices of Sucrose at 20° C.," pages 828-30,

1 "Collaborative Study of the Determination of Soluble Solids in Tomato Products by Refractive Index Expressed as Percent Sucrose" by Frank C. Lamb, National Canners Association, 1950 Sixth Street, Berkeley, Calif. 94710, "Journal of the Association of Official Analytical Chemists," vol. 52, No. 5 (1969), pp. 1050-54. Adopted as official, first action at the 1969 AOAC meeting.