(1) Almonds, black walnuts, Brazil nuts, cashews, English walnuts (alternatively "walnuts"), filberts, pecans, and other suitable kinds of tree nuts.

(2) Peanuts of the Spanish, Valencia, Virginia, or similar varieties, or any combination of two or more such varieties.

(c) The optional nonnut ingredients referred to in paragraph (a) of this section consist of suitable substances that 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. Nonnut ingredients that perform a useful function are regarded as suitable, except that color additives are not suitable ingredients of the food.

(d) The name of the food is "mixed nuts." If the percentage of a single tree nut ingredient or the total peanut content by weight of the finished food exceeds 50 percent but not 60 percent, the statement "contains up to 60% "contains 60%

or

or "60% shall immediately follow the name "mixed nuts" and shall appear on the same background, be of the same color or, in the case of multicolors, in the color showing distinct contrast with the background, and be in letters not less than one-half the height of the largest letter in the words "mixed nuts." The blank is to be filled in with the appropriate name of the predominant nut ingredient; for example, ❝contains up to 60% pecans" or "contains up to 60% Spanish peanuts." The numbers "70" or "80" shall be substituted for the number "60" when the percentage of the predominant nut ingredient exceeds 60 but not 70, or exceeds 70 but not 80, respectively. Compliance with the requirements for percentage of nut ingredients of this section and the fill of container requirements of § 46.52 will be determined by the following procedure:

(1) Take at random from a lot, in the case of containers bearing a weight declaration of 16 ounces or less, at least 24 containers, and for containers bearing a weight declaration of more than 16 ounces, enough containers to provide a total quantity of at least 24 pounds of nuts.

(2) If compliance with § 46.52 is to be determined, first follow the procedure set forth therein.

(3) Determine the percent by weight of each nut ingredient present in each container separately. Calculate the average percentage of each nut ingredient present. If the average percent found for each nut ingredient present is 2 percent or more and none of the individual nut ingredients exceeds 80 percent by weight of the finished food, the lot will be deemed to be in compliance with the percentage requirements of paragraph (a) of this section. If the average percent found for a single nut ingredient exceeds 50 percent by weight of the finished food and the average percent found is within the range indicated by the number declared on the label in accordance with this paragraph, the lot will be deemed to be in compliance with the labeling requirements of this paragraph.

(e) Optional nut ingredients and optional nonnut ingredients used in the food, as provided for in paragraphs (b) and (c) of this section, shall be declared on the label by their common names in the order of decreasing predominance by weight except that:

(1) If the Spanish variety of peanuts is used, it shall be declared as "Spanish peanuts." Other varieties of peanuts shall be declared as "peanuts," or alternatively peanuts," the blank being filled in with the varietal name of the peanuts used.

66

(2) If the peanut ingredient or ingredients as provided for in paragraph (b)(1) of this section are unblanched, the label shall show that fact by such statement as "peanuts unblanched," "peanuts skins on," or words of similar import, unless the vignette clearly depicts peanuts with skins on.

(3) Vegetable oils used shall be declared by the words "vegetable oil" or "hydrogenated vegetable oil," or alternatively oil" or "hydrogenated oil," as the case

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 onesixteenth of an inch in height. The entire ingredient statement shall appear on at least one panel of the label. If the label bears any pictorial representation of the mixture of nuts, it shall depict the relative proportions of the nut ingredients of the food. If the label bears a pictorial representation of only one of each nut ingredient present, the nuts shall be depicted in the order of decreasing predominance by weight. A factual statement that the food does not contain a particular nut ingredient or ingredients may be shown on the label if the statement is not misleading and does not result in an insufficiency of label space for the proper declaration of information required by or under authority of the act to appear on the label.

[35 F.R. 10450, June 26, 1970, as amended at 35 F.R. 15989, Oct. 10, 1970]

§ 46.52 Shelled nuts in rigid or semirigid containers; fill of containers; label statement of substandard fill. (a) The standard of fill for shelled nuts in rigid or semirigid containers is a fill such that the average volume of nuts, from the number of containers specified in § 46.51(d) (1), is not less than 85 percent of the container volume as determined by the method in paragraph (b) of this section.

(b) The method for determining the percent of fill is as follows:

(1) For the shelled nuts in each container, determine the loose volume, the settled volume, and the average volume in cubic centimeters. For the purposes of this subparagraph, consider volume in milliliters to be numerically equal to volume in cubic centimeters. Open the container and pour the nuts loosely into a vertical graduated cylinder (do not tilt) of appropriate size fitted with a funnel which has been modified, if necessary, to provide a minimum opening of 12-inch diameter. (If the loose volume of the nuts is less than 500 milliliters, use a 500-milliliter cylinder with

an inside diameter of approximately 1% inches; but if the loose volume is 500 milliliters or more, use a 1,000-milliliter cylinder with an inside diameter of approximately 24 inches.) Without shaking the cylinder, estimate the location of a horizontal plane representing the average height of the product, read the volume of the nuts, and record as the loose volume. Raise the cylinder 2 inches and allow it a free vertical drop onto a level, firm, but resilient surface (do not tamp) for a total of 5 times and observe the volume as above. Repeat in successive five-drop increments until the nuts have so settled that the volume decreases less than 2 percent in the last five-drop increment. Read the last volume in the manner described above and record as the settled volume. The arithmetical average of the loose volume and the settled volume equals the average volume of nuts.

(2) Classify the container by shape and determine its volume in cubic centimeters according to one of the following methods as appropriate:

(i) For containers of irregular shape, including glass jars, follow the general method for water capacity of containers as prescribed in § 10.6(a) of this chapter and determine the container volume, considering the water capacity in grams to be numerically equivalent to volume in cubic centimeters, or the water capacity in ounces (avoirdupois) to be equivalent to 28.35 cubic centimeters per ounce.

(ii) For box-shaped containers (that is, with opposite sides parallel), measure the inside height, width, and depth and calculate the volume as the product of these three dimensions. For such containers used to enclose vacuum packs and containing 4 ounces or less of the product, consider the height to be the inside height minus three-eighths inch.

(iii) For cylindrical containers, calculate the container volume in cubic centimeters as 12.87 times the product of the height times the diameter squared, both measured in inches; or as 0.7854 times the product of the height times the diameter squared, when measured in centimeters. For containers that do not have indented ends, take the inside diameter and height as the dimensions. For containers with indented ends (that is, metal cans with ends attached by double seams), consider the height to be the outside height at the double seam minus three-eighths inch and the diameter to

be the outside diameter at the double seam minus one-eighth inch.

(3) Calculate the percent fill of the container as follows: Divide the average volume of nuts found according to subparagraph (1) of this paragraph by the appropriate container volume found according to subparagraph (2) of this paragraph and multiply by 100. The result shall be considered to be the percent fill of the container.

(c) If shelled nuts 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.

[35 F.R. 10450, June 26, 1970, as amended at 35 F.R. 15990, Oct. 10, 1970]

PART 51-CANNED VEGETABLES CANNED PEAS

Sec.

51.1

51.2

51.3

51.10

51.11

51.15

51.16

51.20

51.21

Canned peas; identity; label statement of optional ingredients. Canned peas; quality; label statement of substandard quality. Canned peas; fill of container; label statement of substandard fill.

CANNED BEANS

Canned green beans; identity; label
statement of optional ingredients.
Canned green beans; quality; label
statement of substandard quality.
Canned wax beans; identity; label
statement of optional ingredients.
Canned wax beans; quality; label
statement of substandard quality.
CANNED CORN

Canned
canned
corn,
Sweet corn,
canned sugar corn; identity; label
statement of optional ingredients.
Canned corn, canned sweet corn,

canned sugar corn; quality; label statement of substandard quality. 51.22 Canned corn, canned sweet corn, canned sugar corn where the corn ingredient is in one of the forms known as fritter corn, ground corn, or cream-style corn; fill of container; label statement of substandard All.

51.80 Canned field corn; identity; label statement of optional ingredients. 51.32 Canned field corn where the corn ingredient is in one of the forms known as fritter field corn, ground field corn, or cream-style field corn; fill of container; label statement of substandard fill.

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

CANNED VEGETABLES OTHER THAN THOSE

51.990

SPECIFICALLY REGULATED

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.

§ 51.1 Canned peas; identity; label statement of optional ingredients.

(a) Canned peas is the food prepared from one of the optional pea ingredients specified in this paragraph and water. The food may contain one or more of the optional ingredients specified in paragraph (b) of this section and one or more of the optional seasonings specified in paragraph (c) of this section. The food is sealed in a container and so processed by heat as to prevent spoilage. The optional pea ingredients are:

(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) The following optional ingredients may be used:

(1) Salt.

(2) Monosodium glutamate.

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

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

(5) Hydrolyzed vegetable protein.
(6) Autolyzed yeast extract.
(7) Sugar.

(8) Dextrose. (9) Spice.

(10) Flavoring (except artificial). (11) Artificial coloring.

(12) If the optional pea ingredient specified in paragraph (a) (1) or (2) of this section is used: Sodium carbonate, sodium bicarbonate, sodium hydroxide, calcium hydroxide, magnesium hydroxide, magnesium oxide, or magnesium

(7) 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 Comestic 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, flavoring, or coloring simulating the flavor or color imparted by butter is used.

(d) (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 (c) of this section are used, the word "seasoned" may immediately precede the name of the optional pea ingredient.

(2) If spice or flavoring is added, the label shall bear the word or words "spiced" or "with added spice" or "spice added" or "with added flavoring" or "flavoring added," as appropriate. In lieu of the word "spice" or "flavoring" in such statement, the common or usual name of such spice or flavoring may be used.

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

(4) If one or more of the optional seasoning ingredients specified in paragraph (c) 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,' "lemon juice,” "concentrated lemon juice," "butter," or a combination of these names, as appropriate. The word "dehydrated" may be used in lieu of the word "dried." Any optional ingredient specified in paragraph (c) (7) 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 named in paragraph (b) (12) of this section are 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."

(6) If one or more of the optional ingredients named in paragraph (b) (1) through (6) of this section are used, the label shall bear the statement added" or "With added the blank to be filled in with the name(s) of the ingredient(s) used.

(e) (1) 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 paragraph (d) (1) and (4) of this section, showing the optional ingredients present (except as to any optional ingredient specified in paragraph (c) (7) 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 specified varietal name of the peas may so intervene, and if one or more of the optional seasoning ingredients specified in paragraph (c) of this section are used, the word "seasoned" may so intervene.

(2) The words or statements specified in paragraph (d) (2), (5), and (6) of this section, showing the optional ingredients present, and those provided for in paragraph (d) (4) of this section as to any optional ingredient used in connection with butter as specified in paragraph (c) (7) 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."

[33 F.R. 2598, Feb. 6, 1968]

§ 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 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

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

Such

from the sieve and weigh them. 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 the rod can freely move upward or downward. The lower face of the disc is a smooth, plane surface horizontal to the vertical axis of the rod. A device to which weight may be added is affixed to the upper end of the rod. Before lowering the disc to the cotyledon, adjust the combined weight of disc, rod, and device to 100 grams. After measuring the height of the cotyledon, and shifting the plate, if necessary, so that the cotyledon is under the approximate center of the disc, add weight to the device at a uniform, continuous rate of 12 grams per second until the cotyledon is pressed to one-fourth its previously measured height, or until the combined weight of disc, rod, and device is 907.2 grams (2 pounds). A pea so tested shall be considered to be crushed when its cotyledon is pressed to one-fourth its original height.

(5) Drain the liquid from the peas which remained after taking the subdivision as prescribed in subparagraph (3) of this paragraph. Transfer the peas to a pan, and rinse them with a volume of water equal to twice the capacity of the container from which such