Reference Tables 43.008 and 43.009 of the book "Official Methods of Analysis of the Association of Official Agricultural Chemists," 10th edition, 1965. 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 519, section 30.009, under "Sodium ChlorideOfficial," 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 extraction of juice" or "Made in part from residual tomato material from canning and from partial extraction of juice," as the case may be.

§ 53.30 Tomato paste; identity; label statement of optional ingredients.

(a) Tomato paste 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 may be

seasoned with one or more of the optional ingredients:

(4) Salt (sodium chloride formed during acid neutralization shall be considered added salt).

(5) Spice.

(6) Flavoring.

It may contain, in such quantity as neutralizes a part of the tomato acids, the optional ingredient:

(7) Baking soda.

When sealed in a container it is so processed by heat, before or after sealing, as to prevent spoilage. It contains not 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, Reference Tables 43.008 and 43.009 of the book "Official Methods of Analysis of the Association of Official Agricultural Chemists," 10th edition, 1965. 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 519, section 30.009, under "Sodium Chloride-Official," of said book. Subtract the percent of sodium chloride found 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) 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" (or "Made in part from," as the case may be) "residual tomato material from canning." 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" (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

1 See footnote to § 53.20(a).

juice." When the optional ingredient specified in paragraph (a) (4), (5), or (6) of this section is present, the label shall bear the statement or statements "Salt added" or "With added salt," "Spice added" or "With added spice," "Flavoring added" or "With added flavoring," as the case may be. When the optional ingredient specified in paragraph (a) (7) of this section is present, the label shall bear the statement "Baking soda added." If two or all of the optional ingredients specified in paragraphs (a) (4), (5), (6), and (7) of this section are present, such statements may be combined; for example, "Salt, spice, flavoring, and baking soda added." In lieu of the word "salt," "spice," or "flavoring" in such statement or statements, the common or usual name of such salt, spice, or flavoring may be used.

(c) Wherever the name "Tomato Paste" 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 34 F.R. 18420, Nov. 19, 1969; 36 F.R. 25224, Dec. 30, 1971]

EFFECTIVE DATE: At 36 F.R. 25224, Dec. 30, 1971, effective 60 days after publication, section 53.30 was amended as follows: the text of (a) that follows subparagraph (3) was revised, (a) (4) was revised, and (b) 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 one or more of the optional ingredients: (4) Salt.

(b) 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

99

"as the case

may be) "Residual Tomato Material From Canning and From Partial Extraction of Juice." When optional ingredient specified in paragraph (a) (5) or (6) of this section is present the label shall bear the statement or statements, "Spice Added" or "With Added Spice," "Flavoring Added" or "With Added Flavoring," as the case may be. When optional ingredient specified in paragraph (a) (7) of this section is present, the label shall bear the statement "Baking Soda Added." If two or all of the optional ingredients specified in paragraph (a) (5), (6), and (7), of this section are present, such statements may be combined, as for example, "Spice, Flavoring, and Baking Soda Added." In lieu of the word "Spice" or "Flavoring” in such statement or statements, the common or usual name of such spice or flavoring may be used.

§ 53.40 Canned tomatoes; identity; label statement of optional ingredients.

(a) Canned tomatoes are mature tomatoes of red or reddish varieties properly prepared for canning in one of the forms specified in paragraph (b) of this section, each such form being an optional tomato ingredient. One or more of the following optional ingredients may be added:

(1) The liquid draining from such tomatoes during or after peeling or coring.

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

(3) The liquid strained from mature tomatoes of such varieties.

(4) Tomato puree or tomato paste complying with the compositional requirements of §§ 53.20 and 53.30.

(5) Purified calcium chloride, calcium sulfate, calcium citrate, monocalcium phosphate, or any two or more of these calcium salts, in a quantity reasonably necessary to firm the tomatoes, but the amount of the calcium added thereby is not more than 0.026 percent of the weight of the finished canned tomatoes, except that if the optional tomato ingredient is one of the forms specified in paragraph (b) (2) of this section the amount of calcium added is not more than 0.1 percent of the weight of the finished food.

(6) Any edible organic acid added for the purpose of acidification, and which is either not a food additive as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act, or if it is a food additive as so defined, is used in con

formity with regulations established pursuant to section 409 of the act.

(7) When any edible organic acid provided for in subparagraph (6) of this paragraph is added, any nutritive sweetener in solid form may be added in a quantity reasonably necessary to compensate for any tartness resulting from such added acid. (8) Salt.

(9) Spices.

(10) Flavoring.

It is sealed in a container and so processed by heat as to prevent spoilage.

(b) The optional tomato ingredients referred to in paragraph (a) of this section are:

(1) Tomatoes which may or may not be peeled and are cored, except that tomatoes of those varieties having a negligible amount of core material need not be cored.

(2) Tomatoes prepared in accordance with subparagraph (1) of this paragraph and cut into one of the following forms: (i) Diced.

(ii) Sliced or slices.

(iii) Wedges.

(c) (1) The name of the food is "tomatoes," except that when the tomatoes are not peeled, the name of the food is "unpeeled tomatoes," and wherever the latter name appears on the label the words "unpeeled" and "tomatoes" shall be displayed together and with equal prominence and conspicuousness. If the optional tomato ingredient present is that specified in paragraph (b)(1) of this section and not less than 80 percent of the drained weight of the finished food, as determined in accordance with the method prescribed in § 53.41(b) (1), consists of whole tomatoes, the name of the food may be modified by the word "whole." When none of the optional ingredients specified in paragraph (a) (1), (2), (3), and (4) of this section are used, the label may bear the statement "solid pack." When the optional tomato ingredient is one of the cut forms specified in paragraph (b) (2) of this section, the name of the food shall be modified by the name of the corresponding cut form as set forth in paragraph (b)(2) (i), (ii), or (iii) of this section.

(2) When the optional ingredient specified in paragraph (a) (2) of this section is present, the label shall bear the statement "with added strained residual tomato material from preparation for

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acid," the blank to be filled in with the common name of the acid used. When one or more of the optional ingredients provided for in paragraph (a) (7) of this section is present, the label shall bear the statement added" or "with added the blank being filled in with the common name of the sweetener added. When the optional ingredient specified in paragraph (a) (8) of this section is present, the label shall bear the statement "salt added" or "with added salt." When one or more of the optional ingredients provided for in paragraph (a) (9) and (10) of this section are present, the label shall bear the statement or statements "spice added" or "with added spice" and/or "flavoring added" or "with added flavoring," as the case may be. If two or more of the optional ingredients provided for in paragraph (a) (2), (4), (5), (6), (7), (8), (9), and (10) of this section are present, such statements as required may be combined; for example, "with added strained residual tomato material from preparation for canning, spice, and flavoring." In lieu of the words "spice" or "flavoring" in such statement or statements, the common or usual name of such spice or flavoring may be used.

(3) The words and statements specified in subparagraph (2) of this paragraph showing the optional ingredients present shall be listed on the principal display panel or panels or any appropriate information panel without obscuring design, vignettes, or crowding. The declaration

shall appear in conspicuous and easily legible letters of boldface print or type the size of which shall be not less than one-half of that required by Part 1 of this chapter for the statement of net quantity of contents appearing on the label, but in no case less than one-sixteenth of an inch in height. The entire ingredient statement shall appear on at least one panel of the label and in lines generally parallel to the base on which the container rests as it is designed to be displayed.

[35 F.R. 3804, Feb. 27, 1970; 35 F.R. 4548, Mar. 14, 1970]

§ 53.41 Canned tomatoes; quality; label statement of substandard quality. (a) The standard of quality for canned tomatoes is as follows:

(1) The drained weight, as determined by the method prescribed in paragraph (b) (1) of this section, is not less than 50 percent of the weight of water required to fill the container, as determined by the general method for water capacity of containers prescribed in § 10.6(a) of this chapter;

(2) The strength and redness of color as determined by the method prescribed in paragraph (b) (2) of this section, is not less than that of the blended color of any combination of the color discs described in such method, in which onethird the area of disc 1, and not more than one-third the area of disc 2, is exposed;

(3) Peel, per pound of canned tʊmatoes in the container, covers an area of not more than 1 square inch provided, however, that area of peel is not a factor of quality for canned unpeeled tomatoes labeled in accordance with § 53.40 (c) (1) of this chapter; and

(4) Blemishes, per pound of canned tomatoes in the container, cover an area of not more than one-fourth square inch.

(b) Canned tomatoes shall be tested by the following method to determine whether or not they meet the requirements of paragraph (a) (1) and (2) of this section:

(1) Remove lid from container, but in the case of a container with lid attached by double seam, do not remove or alter the height of the double seam. Tilt the opened container so as to distribute the contents over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve used is 8 inches if the quantity of the contents of the container is less than 3 pounds, or 12

more.

inches if such quantity is 3 pounds or The meshes of such sieve are made by so weaving wire of 0.054-inch diameter as to form square openings 0.446 inch by 0.446 inch. Without shifting the tomatoes, so incline the sieve as to facilitate drainage of the liquid. Two minutes from the time drainage begins, weigh the sieve and drained tomatoes. The weight so found, less the weight of the sieve, shall be considered to be the drained weight.

(2) Remove from the sieve the drained tomatoes obtained in subparagraph (1) of this paragraph. Cut out and segregate successively those portions of least redness until 50 percent of the drained weight, as determined under subparagraph (1) of this paragraph, has been so segregated. Comminute the segregated portions to a uniform mixture without removing or breaking the seeds. Fill the mixture into a black container to a depth of at least 1 inch. Free the mixture from air bubbles, and skim off or press below the surface all visible seeds. Compare the color of the mixture, in full diffused daylight or its equivalent, with the blended color of combinations of the following concentric Munsell color discs of equal diameter, or the color equivalents of such discs:

(i) Red-Munsell 5 R 2.6/13 (glossy finish).

(ii) Yellow-Munsell 2.5 YR 5/12 (glossy finish).

(iii) Black-Munsell N 1/ (glossy finish).

(iv) Grey-Munsell N 4 (mat finish).

(c) If the quality of canned tomatoes falls below the standard prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard quality specified in § 10.7(a) of this chapter in the manner and form therein specified; but in lieu of such general statement of substandard quality, the label may bear the alternative statement "Below Standard in Quality

"; the blank to be filled in with the words specified after the corresponding number of each subparagraph of paragraph (a) of this section which such canned tomatoes fail to meet, as follows: (1) "Excessively Broken Up"; (2) "Poor Color"; (3) "Excessive Peel"; (4) "Excessive Blemishes." If such canned tomatoes fail to meet both (3) and (4), the words "Excessive Peel and Blemishes" may be used instead of the words specified after the corresponding numbers of such clauses. Such alternative

statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name "Tomatoes" and any statements required or authorized to appear with such name by § 53.40 (b). [20 F.R. 9624, Dec. 20, 1955, as amended at 31 F.R. 10677, Aug. 11, 1966]

§ 53.42 Canned tomatoes, fill of container; label statement of substandard fill.

(a) The standard of fill of container for canned tomatoes is a fill of not less than 90 percent of the total capacity of the container, as determined by the general method for fill of containers prescribed in § 10.6(b) of this chapter.

(b) If canned tomatoes fall below the standard of fill of container prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard fill specified in § 10.7(b) of this chapter, in the manner and form therein specified.

[20 F.R. 9624, Dec. 20, 1955]

AUTHORITY: The provisions of this Part 85 issued under sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. 371.

SOURCE: The provisions of this Part 85 appear at 20 F.R. 9624, Dec. 20, 1955, unless otherwise noted.

Subpart A-Inspection of Processed Shrimp

§ 85.1 Application for inspection service.

(a) Applications for inspection service on the processing of shrimp under the provisions of section 702a of the Federal Food, Drug, and Cosmetic Act shall be on forms supplied by the Food and Drug Administration, referred to in this subpart as the Administration. The processing of shrimp comprises all the operations. including labeling and storage, necessary to prepare for the market shrimp in any of the following forms: Iced or frozen raw headless, raw peeled or cooked peeled (any of which may de deveined); iced or frozen deveined shrimp, partially or completely peeled (which may be battered and breaded before freezing), and canned shrimp. No application for a regular inspection period filled with the Administration after May 1, preceding such period in any year, shall be considered unless the applicant shows substantial cause for failure to file such application on or before May 1 of such year. A separate application shall be made for each inspection period in each establishment for which the service is applied. Each application for a regular inspection period shall be accompanied by an advance payment of $500.00 as prescribed by § 85.13(a)(1). Such payment shall be made in the manner prescribed by §85.13 (e).

(b) For the purposes of §§ 85.1 through 85.14, an establishment is defined as a factory where shrimp may be processed and warehouses and cold storage plants under the control and direction of the packer where such shrimp is stored.

§ 85.2 Granting or refusing inspection service; cancellation of application. (a) The Secretary of Health, Education, and Welfare may grant the inspection service applied for upon determining