(iii) Skim milk.

(iv) Any combination of nonfat dry milk and water, in which the weight of the nonfat dry milk is not less than 10 percent of the weight of the water.

(v) Any mixture of two or more of the articles named in subdivisions (i), (ii), (iii), and (iv).

(vi) In case only of the fat ingredient designated in subparagraph (1) (ii) of this paragraph, any combination of finely ground soybeans and water, in which the weight of the finely ground soybeans is not less than 10 percent of the weight of the water. The finely ground soybeans are subjected to a heat treatment before or after mixing with the water. The soybeans may or may not be dehulled.

(vii) Water in lieu of any of the foregoing articles of this subparagraph. Congealing is effected, either with or without contact with water, and the con gealed mixture may be worked.

(3) In the preparation of oleomargarine one or more of the following optional ingredients may also be used:

(i) Artificial coloring. For the purposes of this subdivision provitamin A shall be deemed to be artificial coloring.

(ii) Sodium benzoate or benzoic acid or a combination of these, in a quantity not to exceed 0.1 percent of the weight of the finished product.

(iii) Vitamin A (with or without any accompanying vitamin D and with or without vitamin D concentrate), in such quantity that the finished oleomargarine contains not less than 15,000 United States Pharmacopeia units of vitamin A per pound, as determined by the method prescribed in the Pharmacopeia of the United States for total biological vitamin A activity. The vitamin A potency prescribed may be furnished by fish liver oil; by concentrates of vitamin A or its fatty acid esters from animal sources; by synthetic vitamin A or its fatty acid esters; by mixtures of synthetic vitamin A or its fatty acid esters with harmless substances formed during the synthesis of the vitamin A, if the vitamin A or its fatty acid ester constitutes not less than 50 percent of the mixture; by provitamin A; or by any combination of two or more of these. For the purposes of this subdivision the term "fatty acid" may include acetic acid.

(iv) Any safe and suitable artificial flavoring substance that imparts to the food a flavor in semblance of butter. Such artificial flavoring substances 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.

(v) (a) Lecithin, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(b) Monoglycerides or diglycerides of fat-forming fatty acids, or a combination of these, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(c) Such monoglycerides and diglycerides in combination with the sodium sulfo-acetate derivatives thereof, in a total amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(d) A combination of (a) and (b) of this subdivision, in which the amount of neither exceeds that above stated; or

(e) A combination of (a) and (c) of this subdivision, in a total amount not exceeding 0.5 percent of the weight of the finished oleomargarine.

The weight of the diglycerides in each of ingredients (b), (c), (d, and (e) of this subdivision is calculated at one-half actual weight.

(vi) Butter. (vii) Salt.

(viii) Citric acid incorporated in the fat or oil ingredient used.

(ix) Isopropyl citrates incorporated in the fat or oil ingredient used, in an amount not to exceed 0.02 percent by weight of the finished oleomargarine.

(x) Stearyl citrate incorporated in the fat or oil ingredient used, in an amount not to exceed 0.15 percent by weight of the finished oleomargarine.

(xi) Potassium sorbate, in an amount not to exceed 0.1 percent by weight of the finished oleomargarine.

(xii) Calcium disodium EDTA (calcium disodium ethylenediaminetetraacetate), in an amount not to exceed 75 parts per million by weight of the finished oleomargarine.

The finished oleomargarine contains not less than 80 percent fat, as determined by the method prescribed in "Official Methods of Analysis of the Association of Official Agricultural Chemists," 7th Edition, page 259 under "Indirect Method," section 15.111. [Ed. note, 10th edition, 1965, p. 242, sec. 15.132.1

(b) The name of the food for which a definition and standard of identity is prescribed by this section is "oleomargarine" or "margarine.” The presence of optional ingredients, provided for in paragraph (a) of this section, in the finished margarine shall be declared as set forth in this paragraph.

(1) Fat ingredients shall be declared first in the ingredient statement by the name of the specific fat or oil or stearin used. Where combinations of fat ingredients are used, the names shall be arranged in order of decreasing predominance. If any fat ingredient is hydrogenated, the ingredient statement shall include the word "hydrogenated" or "hardened" at such place or places in the list of fats as to indicate which fats are hydrogenated; for example, “corn oil, hardened soybean oil."

(2) Immediately following the listing of fat ingredients, other optional ingredients used shall be named in the order of decreasing predominance.

(i) The optional ingredients butter, salt, water, cream, milk, skim milk, nonfat dry milk and water, ground soybeans and water, lecithin, mono- or diglycerides, sodium sulfo-acetate derivatives of mono- or diglycerides shall each be declared by those terms.

(ii) Artificial colors shall be declared by the statement "Artificially colored" or "Artificial coloring added" or "With added artificial coloring."

(iii) Artificial flavors shall be declared by the statement "Artificially flavored" or "Artificial flavoring added" or "With added artificial flavoring."

added vitamin A." Vitamin D shall be declared by the statement "Vitamin D added" or "With added vitamin D." Margarine containing added vitamin A, vitamin D, or both, is subject to the regulations for foods for special dietary use promulgated under the provisions of section 403 (j) of the act.

(vi) Where two or more optional ingredients named in paragraph (a)(3) of this section are used the words "Added" or "With added" need appear only once, either at the beginning or end of the list of such ingredients declared.

(3) Wherever the name "oleomargarine" or "margarine" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements prescribed in this section, showing the ingredients used shall immediately and conspicuously precede or follow, or in part precede and in part follow, such name, without intervening written, printed, or other graphic matter.

(Secs. 401, 701, 52 Stat. 1046, as amended, 1055, as amended; 21 U.S.C. 341, 371) [20 F.R. 9615, Dec. 20, 1955, as amended at 21 F.R. 6566, Aug. 31, 1956; 28 F.R. 7473, July 23, 1963; 29 F.R. 2383, Feb. 12, 1964; 31 F.R. 5433, Apr. 6, 1966; 32 F.R. 2893, Feb. 15, 1967]

§ 45.2 Liquid oleomargarine, liquid margarine; identity; label statement of optional ingredients.

(a) Liquid oleomargarine, liquid margarine conforms to the definition and standard of identity and to the requirements for label declaration of optional ingredients prescribed for oleomargarine by § 45.1, except that it is in liquid rather than plastic form.

(b) The name of the food for which a definition and standard of identity is prescribed by this section is "liquid oleomargarine" or "liquid margarine."

(Secs. 401, 701, 52 Stat. 1046, 1055 as amended, 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) [31 F.R. 5434, Apr. 6, 1966]

PART 46-NUT PRODUCTS § 46.1 Peanut butter; identity; label statement of optional ingredients.

(a) Peanut butter is the food prepared by grinding one of the shelled and roasted peanut ingredients provided for by paragraph (b) of this section, to which may be added safe and suitable seasoning and stabilizing ingredients provided for by paragraph (c) of this section, but such seasoning and stabilizing ingredients do not in the aggregate

exceed 10 percent of the weight of the finished food. To the ground peanuts, cut or chopped, sheiled, and roasted peanuts may be added. During processing, the oil content of the peanut ingredient may be adjusted by the addition or subtraction of peanut oil. The fat content of the finished food shall not exceed 55 percent when determined as prescribed in sec. 25.004 Crude Fat-First Action(a) Direct method, in "Official Methods of Analysis of the Association of Official Agricultural Chemists," 9th Edition, page 356.

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

(1) Blanched peanuts, in which the germ may or may not be included.

(2) Unblanched peanuts, including the skins and germ.

(c) The seasoning and stabilizing ingredients referred to in paragraph (a) of this section are suitable substances which 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. Seasoning and stabilizing ingredients that perform a useful function are regarded as suitable, except that artificial flavorings, artificial sweeteners, chemical preservatives, added vitamins, and color additives are not suitable ingredients of peanut butter. Oil prod

ucts used as optional stabilizing ingredients shall be hydrogenated peanut oil or other vegetable oils in hydrogenated form, but the proportion of such other hydrogenated vegetable oils shall not exceed 3 percent by weight of the finished peanut butter. For the purposes of this paragraph and of paragraph (e) of this section, the hydrogenated form of a vegetable oil shall be considered to include partially hydrogenated vegetable oil.

(d) If peanut butter is prepared from unblanched peanuts as specified in paragraph (b) (2) of this section, the name shall show that fact by some such statement as "prepared from unblanched peanuts (skins left on)." Such statement shall appear prominently and conspicuously and shall be in type of the same style and not less than half of the point size of that used for the words "peanut butter." This statement shall immediately precede or follow the words "peanut butter," without intervening written, printed, or graphic matter.

(e) (1) The label of peanut butter shall name, by their common names, the optional ingredients used, as provided in paragraph (c) of this section. The label declaration naming the hydrogenated vegetable oils used shall include the word "hydrogenated" or "hardened"; for example, "hydrogenated peanut oil" or "hardened cottonseed oil."

Sec.

51.503

field corn, or cream-style field corn; fill of container; label statement of substandard fill.

CANNED MUSHROOMS

Canned mushrooms; fill of container; label statement of substandard fill.

CANNED VEGETABLES OTHER THAN THOSE SPECIFICALLY REGULATED

51.990 Canned vegetables other than those specifically regulated; identity;

label statement of optional ingredients.

AUTHORITY: The provisions of this Part 51 issued under secs. 401, 701, 52 Stat. 1046, as amended, 1055, as amended; 21 U.S.C. 341, 371.

SOURCE: The provisions of this Part 51 appear at 20 F.R. 9616, Dec. 20, 1955, unless otherwise noted.

§ 51.1

CANNED PEAS

Canned peas; identity; label statement of optional ingredients. (a) Canned peas is the food prepared from one of the following optional pea ingredients:

(1) Shelled, succulent peas (Pisum sativum) of Alaska or other smooth skin varieties.

(2) Shelled, succulent peas (Pisum sativum) of sweet, wrinkled varieties.

(3) Shelled, dried peas (Pisum sativum) of Alaska or other smooth skin varieties.

(4) Shelled, dried peas (Pisum sativum) of sweet, wrinkled varieties.

(b) To one such optional pea ingredient water is added.

(c) The following optional ingredients may be used:

(1) Salt;

(2) Monosodium glutamate;

(3) Sugar;

(4) Dextrose;

(5) Spice;

(6) Flavoring;

(7) Artificial coloring;

and in case optional pea ingredient (a) (1) or (2) is used,

(8) Sodium carbonate, sodium bicarbonate, sodium hydroxide, calcium hydroxide, magnesium hydroxide, magnesium oxide, or magnesium carbonate or any mixture or combination of them in such quantity that the pH of the finished canned peas is not more than 8, as determined by the glass electrode method for the hydrogen ion concentration.

(d) The food may be seasoned with one or more of the following optional seasonings:

(1) Green peppers or red peppers, which may be dried.

(2) Mint leaves.

(3) Onions, which may be dried.
(4) Garlic, which may be dried.
(5) Horseradish.

(6) Butter in a quantity not less than 3 percent by weight of the finished food. When butter is added, safe and suitable emulsifiers 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 coloring simulating the color imparted by butter is used.

(e) The food is sealed in a container and so processed by heat as to prevent spoilage.

(f) (1) The label shall name the optional pea ingredient present by use of the word or words "Early" or "June" or "Early June," "Sweet" or "Sweet Wrinkled" or "Sugar," "Dried Early" or "Dried June" or "Dried Early June," "Dried Sweet" or "Dried Sweet Wrinkled” or "Dried Sugar." If one or more of the optional seasoning ingredients specified in paragraph (d) of this section are used, the word "Seasoned" may immediately precede the name of the optional pea ingredient.

(2) If spice is present, the label shall bear the word or words "Spiced" or "With Added Spice" or "Spice Added."

(3) If flavoring is present, the label shall bear the words "With Added Flavoring" or "Flavoring Added."

(4) If artificial coloring is present, the label shall state that fact in such manner and form as is provided in § 51.2 (c).

(5) If one or more of the optional seasoning ingredients specified in paragraph (d) of this section are used, the label shall bear the statement "Seasoned with ," the blank being filled in with the name "green peppers," "dried green peppers," "red peppers,' " "dried red peppers," "mint leaves," "onions," "dried onions," "garlic," "dried garlic," "horseradish," "butter," or a combination of these names, as may be appro

priate. The word "dehydrated" may be used in lieu of the word "dried." Any optional ingredient specified in paragraph (d) (6) of this section used in connection with butter shall be designated on the label by its common or usual

name.

(6) If one or more of the optional ingredients named in paragraph (c) (8) of this section is used, the label shall bear the statement "Traces of Added," the blank to be filled in with the names of the ingredients used; but in lieu of such statement the label may bear the statement "Traces of Alkalis Added."

(7) If monosodium glutamate is used, the label shall bear the statement "Monosodium Glutamate Added" or "With Added Monosodium Glutamate."

(8) Wherever the name "peas" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and 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, except that the specific varietal name of the peas may so intervene, and if one or more of the optional seasoning ingredients specified in paragraph (d) of this section are used, the word "seasoned" may so intervene.

[20 F.R. 9616, Dec. 20, 1955, as amended at 21 F.R. 2980, May 4, 1956, 24 F.R. 6158; July 31, 1959; 31 F.R. 12716, Sept. 29, 1966; 31 F.R. 12950, Oct. 5, 1966]

§ 51.2 Canned peas; quality; label statement of substandard quality.

(a) The standard of quality for canned peas is as follows:

(1) Not more than 4 percent by count of the peas in the container are spotted or otherwise discolored;

(2) Standard canned peas are normally colored, not artificially colored;

(3) The combined weight of pea pods and other harmless extraneous vegetable material is not more than one-half of 1 percent of the drained weight of peas in the container;

(4) The weight of pieces of peas is not more than 10 percent of the drained weight of peas in the container;

(5) The skins of not more than 25 percent by count of the peas in the container are ruptured to a width of 1/16 inch or more;

(6) Not less than 90 percent by count of the peas in the container are crushed

by a weight of not more than 907.2 grams (2 pounds); and

(7) The alcohol-insoluble solids of Alaska or other smooth skin varieties of peas in the container, is not more than 23.5 percent, and of sweet, wrinkled varieties, not more than 21 percent.

(b) Canned peas shall be tested by the following methods to determine whether or not they meet the requirements of paragraph (a) of this section:

(1) After determining the fill of the container as prescribed in § 51.3 (a), distribute the contents of the container over the meshes of a circular sieve made with No. 8 woven-wire cloth which complies with the specifications for such cloth set forth on page 3 of "Standard Specifications for Sieves," published October 25, 1938, by United States Department of Commerce, National Bureau of Standards. 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 inches if such quantity is 3 pounds or more. Without shifting the peas, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, remove the peas from the sieve and weigh them. Such weight shall be considered to be the drained weight of the peas.

(2) From the drained peas obtained in subparagraph (1) of this paragraph, promptly segregate and weigh the pea pods and other harmless extraneous vegetable material, and the pieces of peas.

(3) From the drained peas obtained in subparagraph (1) of this paragraph, take at random a subdivision of 100 to 150 peas, and count them. Immediately cover these peas with a portion of the liquid obtained in subparagraph (1) of this paragraph, and add the remaining liquid to the drained peas from which the subdivision was taken. Count those peas in the subdivision which are spotted or otherwise discolored, and also those peas the skins of which are ruptured to a width of 16 inch or more.

(4) Immediately after each pea is examined by the method prescribed in subparagraph (3) of this paragraph, test it by removing its skin, placing one of its cotyledons, with flat surface down, on the approximate center of the level, smooth surface of a rigid plate, lowering a horizontal disc to the highest point of the cotyledon, and measuring the height of the cotyledon. The disc is of rigid material and is affixed to a rod held vertically by a support through which