bination 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. 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 a mixture of sugar and dextrose or a mixture of sugar (or sugar and dextrose) with corn sirup or dried corn sirup or both or with glucose sirup or dried glucose sirup or both, in such quantity that the weight of the solids of the 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 specifled 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 in

--)

gredients 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 Juice." from Partial Extraction of 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.

§ 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.

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 8.37 percent, but less than 25.00 percent, of salt-free tomato solids, as determined by the following method: Determine total solids by the method prescribed on page 499 [Ed. note, 10th edition, 1965, p. 518, sec. 30.003] under "Total Solids-Tentative," and sodium chloride by the method prescribed on page 500 [Ed. note, 10th edition, 1965, p. 519, sec. 30.009]. Title changed to "Sodium Chloride Method I-Offcial," under "Sodium Chloride-Official," of "Official and Tentative Methods of Analysis of the Association of Official Agricultural Chemists," Fourth Edition, 1935. Subtract the percent of sodium chloride found from the percent of total solids found; the difference shall be considered to be the percent of salt-free tomato solids.

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.

(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.

§ 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. The tomatoes 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. 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 of this chapter.

(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 in no case such that the amount of the calcium added thereby is more than 0.026 percent of the weight of the finished canned tomatoes.

(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 conformity 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) 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 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 Canning." When one of the optional ingredients specified in paragraph (a) (4) of this section is present, the label shall bear the statement "With Added Tomato Paste" or "With Added Tomato Puree," as appropriate, followed by any statements of optional ingredients required by the applicable standard of identity. When one or more of the optional ingredients specified in paragraph (a) (5) of this section is present, the label shall bear the statement "Trace of Added" 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. When the optional ingredient provided for in paragraph (a) (6) of this section is present, the label shall bear the statement "With Added" or "With Added

-

Acid 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.

(c) (1) When the tomatoes are not peeled, the name of the food is "Unpeeled Tomatoes," and wherever this name appears on the label the words "Unpeeled" and "Tomatoes" shall be displayed together and with equal prominence and conspicuousness.

(2) Statements of optional ingredients present as specified in paragraph (b) 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.

[31 F.R. 10676, Aug. 11, 1966, as amended at 31 F.R. 16266, Dec. 20, 1966]

§ 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 tomatoes 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 inches if such quantity is 3 pounds or more. 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).

Yellow-Munsell 2.5 YR 5/12

(ii) (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. 9622, 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.

85.28

Examination after canning.

Labeling.

Certificates of inspection; warehousing and export permits.

Inspection fees.

85.29 Suspension and withdrawal of inspection service.

AUTHORITY: The provisions of this Part 85 issued under sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. 871.

SOURCE: The provisions of this Part 85 appear at 20 FR. 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 filed with the Administration after May 1, preceding such period in any year, shall be considered unless the applicant shows sub.. stantial 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 establish ment for which the service is applied.