(3) If the quality of canned plums falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in § 130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned plums falls below standard with respect to only one of the factors of quality specified in paragraphs (b)(1) (i) through (vi) of this section, there may be substituted for the second line of such general statement of substandard quality ("Good Food-Not High Grade") a new line, as specified after the corresponding designation of paragraph (b)(1) of this section which the canned plums fail to meet, as follows: (i) "Blemished";

(ii) "Partly crushed or broken";

(iii) "Blemished and partly crushed or broken";

(iv) "Contains extraneous plant material";

(v) "Contains loose pits"; or

(vi) "Contains pits" or "Contains pieces of pits".

(c) Fill of container. (1) The standard of fill of container for canned plums is:

(i) The fill of the plums and packing medium, as determined by the general method for fill of container prescribed in § 130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.

(ii) The drained weight of the plum ingredient as determined by the method prescribed in § 145.3(n) is not less than 50 percent for whole styles and 55 percent for halves styles based on the water capacity of containers as determined in § 130.12(a) of this chap

ter.

(2) Determine compliance for fill of container as specified in § 145.3(0).

(3) If canned plums fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the statement of substandard fill specified in § 130.14(b) of this chapter, in the manner and form therein specified. If canned plums fall below the standard of fill of container in respect to drained weight, the words "Low drained weight" shall follow the general statement of substandard fill on the label.

§ 145.190 Canned prunes.

(a) Ingredients. Canned prunes is the food prepared from dried prunes, which may be packed as a solid pack or in one of the optional packing media specified in paragraph (b) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients:

(1) Natural and artificial flavors. (2) Spice.

(3) Vinegar, lemon juice, or organic acids.

(4) Unpeeled pieces of citrus fruits. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.

(b) Packing media. (1) The optional packing media referred to in paragraph (a) of this section, as defined in § 145.3 are:

(i) Water.

(ii) Fruit juice(s) and water. (iii) Fruit juice(s).

Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in Part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in § 145.3.

(2) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in § 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:

(i) When the density of the solution is less than 20 percent, the medium shall be designated as "slightly sweetened water"; or "extra light sirup"; "slightly sweetened fruit juice(s) and water"; or "slightly sweetened fruit juice(s)", as the case may be.

(ii) When the density of the solution is 20 percent or more but less than 24 percent, the medium shall be designated as "light sirup"; "lightly sweetened

fruit juice(s) and water"; or "lightly sweetened fruit juice(s)”, as the case may be.

(iii) When the density of the solution is 24 percent or more but less than 30 percent, the medium shall be designated as "heavy sirup"; "heavily sweetened fruit juice(s) and water”; or "heavily sweetened fruit juice(s)", as the case may be.

(iv) When the density of the solution is 30 percent or more but not more than 45 percent, the medium shall be designated as "extra heavy sirup"; "extra heavily sweetened fruit juice(s) and water"; or “extra heavily sweetened fruit juice(s)”, as the case may be.

(c) Labeling requirements. (1) The name of the food is "prunes-prepared from dried prunes". The words "prepared from dried prunes” shall be in close proximity to the word "prunes” and shall be of the same style and not less than 2 of the point size of the type used for the word “prunes”. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in § 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, "Spice added", or in lieu of the word "Spice", the common name of the spice, "Seasoned with vinegar" or "Seasoned with unpeeled pieces of citrus fruit". When two or more of the optional ingredients specified in paragraphs (a) (2) through (4) of this section are used, such words may be combined as for example, "Seasoned with cider vinegar, cloves, cinnamon oil and unpeeled pieces of citrus fruit.”

(2) When the food is prepared with a packing medium, the name of the packing medium specified in paragraphs (b) (1) and (2) of this section, preceded by "In" or "Packed in" and the words "cooked", "stewed", or "prepared”, shall be included as part of the name or in close proximity to the name of the food. When no packing medium is used, the words "solid pack" or "moist pack" or the word "moistened" followed by the words "without sirup" shall be included as part of the name or in close proximity to the name of the food. When the packing medium is prepared with a

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sweetener(s) which imparts a taste, flavor or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example in the case of a mixture of brown sugar and honey, an appropriate statement would be sirup of brown sugar and honey", the blank to be filled in with the word "light", “heavy”, or “extra heavy" as the case may be. When the liquid portion of the packing media provided for in paragraphs (b) (1) and (2) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:

(i) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word “fruit”,

(ii) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word "fruit” in the name of the packing medium, or be declared on the label as specified in paragraph (c)(3) of this section, and

(iii) In the case of the single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words "from concentrate(s)" shall follow the word "juice(s)" in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (c)(3) of this section.

(3) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (c)(2)(ii) of this section, such names and the words "from concentrate", as specified in paragraph (c)(2)(iii) of this section, shall appear in an ingredient statement pursuant to the requirements of § 101.3(d) of this chapter.

(4) Each of the optional ingredients used shall be declared on the label as required by the applicable sections of Part 101 of this chapter.

(c) The term "dried glucose sirup" means the product obtained by drying glucose sirup.

(d) 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.

(e) The term "invert sugar sirup" means an aqueous solution of inverted or partly inverted, refined or partly refined sucrose, the solids of which contain not more than 0.3 percent by weight of ash, and which is colorless, odorless, and flavorless, except for sweetness.

(f) The term "sugar" means refined

sucrose.

(g) Compliance means the following: Unless otherwise provided in a standard, a lot of canned fruits shall be deemed in compliance for the following factors, to be determined by the sampling and acceptance procedure as provided in paragraph (h) of this section, namely:

(1) Quality. The quality of a lot shall be considered acceptable when the number of defectives does not exceed the acceptance number in the sampling plans.

(2) Fill of container. A lot shall be deemed to be in compliance for fill of container when the number of defectives does not exceed the acceptance number (c) in the sampling plans.

(h) The sampling and acceptance procedure means the following:

(1) Definitions-(i) Lot. A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade.

(ii) Lot size. The number of primary containers or units in the lot.

(iii) Sample size. The total number of sample units drawn for examination from a lot.

(iv) Sample unit. A container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit.

The finished food is filtered and contains not less than 25 percent by volume of equivalent single strength cranberry juice. The soluble solids content of the finished food is not less than 14° Brix nor more than 16° Brix, as determined by refractometer. It may contain added vitamin C in a quantity prescribed by paragraph (c) of this section. The acid content of the food, calculated as anhydrous citric acid, is not less than 0.55 gram per 100 milliliters. The food is sealed in a container and so processed by heat, before or after sealing, as to prevent spoilage.

(b) The cranberry juice ingredients referred to in paragraph (a) of this section are cranberry juice and concentrated cranberry juice. For the purpose of this section cranberry juice is the juice extracted from mature, well colored, sound, washed cranberries, and concentrated cranberry juice is cranberry juice from which part of the water has been removed.

(c) Vitamin C may be added in a quantity such that the total vitamin C in each 6 fluid ounces of the finished food amounts to not less than 30 milligrams and not more than 60 milligrams.

(d) The name of the food is "Cranberry juice cocktail-a juice drink-— contains not less than 25 percent cranberry juice". The words "a juice drink" shall appear on the label either on the same line with or centered on a line immediately below the words "cranberry juice cocktail". The words "contains not less than 25 percent cranberry juice" shall appear on a line immediately below and be centered with the line preceding it. The words "a juice drink-contains not less than 25 percent cranberry juice" shall be in letters not less than one-half the height of the largest letter in the words "cranberry juice cocktail".

(e)(1) The label shall name the sweetening ingredients used. When vitamin C is added, as provided for by paragraph (c), it shall be designated on the label as "vitamin C added" or "with added vitamin C". The label shall conform to the labeling requirements prescribed for foods which purport to be or are represented for special dietary uses by regulations promulgated pursuant to section 403(j) of

90-061 0-82--21

the Federal Food, Drug, and Cosmetic Act.

(2) Statements of the ingredients present as specified in this paragraph shall be set forth on the label with such prominence and conspicuousness as to render them likely to be read by the ordinary individual under customary conditions of purchase.

EFFECTIVE DATE NOTE: Section 146.110 (formerly § 27.127) was stayed in its entirety at 33 FR 10088, July 13, 1968. Section 146.110 was removed at 45 FR 39251, June 10,1980, effective July 11, 1980. At 45 FR 80500, Dec. 5, 1980, the removal was stayed until further notice, effective Dec. 5, 1980.

§ 146.111 Artificially sweetened cranberry juice cocktail.

(a) Artificially sweetened cranberry juice cocktail-a juice drink is the food that conforms to the definition and standard of identity prescribed for cranberry juice cocktail-a juice drink by § 146.110, except that in lieu of nutritive sweeteners it is sweetened with one or more of the artificial sweeteners listed in and complying with Parts 170 through 189 of this chapter, and the soluble solids specifications prescribed in § 146.110(a) do not apply. The quantity of artificial sweeteners added is sufficient to sweeten the beverage to the same sweetness taste level as that of the food conforming to § 146.110.

(b) The name of the food is "Artificially sweetened cranberry juice cocktail-a juice drink-contains not less than 25 percent cranberry juice". The words "artificially sweetened" shall be of the same size and style of type as the words "cranberry juice cocktail" and the words "a juice drink-contains not less than 25 percent cranberry juice" shall be of the same size and placement as prescribed in

§ 146.110(d).

(c) The food is subject to the requirements for label statement of ingredients as prescribed for cranberry juice cocktail-a juice drink by § 146.110 and is labeled to conform to the labeling requirements prescribed for foods which purport to be or are represented for special dietary uses by regulations promulgated pursuant to section 403(j) of the Federal Food, Drug, and Cosmetic Act.

EFFECTIVE DATE NOTE: Section 146.111 (formerly § 27.128) was stayed in its entirety at 33 FR 10088, July 13, 1968. Section 146.111 was removed at 45 FR 39251, June 10, 1980, effective July 11, 1980. At 45 FR 80500, Dec. 5, 1980, the removal was stayed until further notice, effective Dec. 5, 1980.

§ 146.113 Canned fruit nectars.

(a) Canned fruit nectars are the pulpy, liquid foods prepared from one or more of the optional fruit ingredients specified in paragraph (b) of this section in an amount not less than the percentage specified in that paragraph, water, and one or more of the optional sweetening ingredients as provided for in paragraph (d) of this section. They may contain one or more of the optional ingredients as provided for in paragraph (e) of this section. The consistency of the finished product is such that the time of flow is not less than 30 seconds when tested by the method set forth in "Consistency Measurement of Fruit Nectars and Fruit Juice Products," published in the "Journal of the Association of Official Agricultural Chemists," p. 411, Vol. 42 (1959), which is incorporated by reference. Copies are available from the Division of Food Technology, Bureau of Foods (HFF210), Food and Drug Administration, 200 C St. SW., Washington, DC 20204, or available for inspection at the Office of the Federal Register, 1100 L St. NW., Washington, DC 20408. Such food is sealed in a container and so processed by heat, either before or after sealing, as to prevent spoilage.

(b)(1) The optional fruit ingredients referred to in paragraph (a) of this section are fruit puree, pulp, juice, or concentrates thereof, as prepared from whole, mature fruits of the following varieties: Apple, apricot, blackberry, boysenberry, cherry guava, loganberry, mango, nectarine, papaya, passion fruit, peach, pear, pineapple, and plum. Apples, cherries, passion fruit, and pineapples are used only in combination with one or more of the other fruits listed.

(2) The fruit ingredients contain finely divided insoluble fruit solids but do not contain seeds, pits, or other coarse or hard substances capable of