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 For the convenience of the user the superseded text is set forth below: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.

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.

1

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 1 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 ------," 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

66

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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.

(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