blank shall be filled in with the word "fruit" or "vegetable" as applicable.

§ 102.32 Diluted orange juice beverages.

(a) The common or usual name of a noncarbonated beverage containing less than 100 percent and more than 0 percent orange juice shall be as follows:

(1) A descriptive name for the product meeting the requirements of § 102.5(a) (e.g., diluted orange juice beverage or another descriptive phrase), and

(2) A statement of the percent of orange juice contained in the product in the manner set forth in § 102.5(b)(2). The percent of orange juice shall be declared in 5-percent increments, expressed as a multiple of five not greater than the actual percentage of orange juice in the product, except that the percent of orange juice in products containing more than 0 percent but less than 5-percent orange juice shall be declared in the statement as "less than 5" percent.

(b) The percent of orange juice in the product shall be determined on the basis of the orange juice having an equivalent single strength of 11.8 percent orange juice soluble solids.

§ 102.33 Diluted fruit or vegetable juice beverages other than diluted orange juice beverages.

(a) The common or usual name of a noncarbonated beverage containing less than 100 percent and more than zero percent fruit or vegetable juice(s), other than only orange juice, shall be as follows:

(1) A descriptive name meeting the requirements of § 102.5(a) (e.g., "diluted grape juice beverage", "grape juice drink", or another descriptive phrase) and

(2) A statement of the percent of each juice contained in the beverage in the set manner forth in § 102.5(b)(2). The percent of juice shall be declared in 5-percent increments, expressed as a multiple of five not greater than the actual percentage of juice in the beverage except that the percent of any juice in beverages containing more than zero percent but less than 5 percent of that juice shall be declared in the statement as "less

than 5" percent. The following special requirements apply:

(i) Beverages containing multiple juices with a label or labeling which does not make direct or indirect representations with respect to the individual characterizing juices by word, vignette (i.e., depiction of fruit or vegetable), or other means other than in the statement of ingredients shall declare the percent of the total juice content (e.g., Mixed Fruit Punch contains -% fruit juice).

(ii) Beverages containing multiple juices with a label or labeling which makes any direct or indirect representations with respect to the characteriz ing juices by word, vignette (i.e., depiction of a fruit or vegetable), or other means other than in the statement of ingredients shall declare the percent of the total juice content followed by a statement in parentheses of the percent of each juice represented (e.g., Pineapple-Grapefruit Drink contains -% fruit juice (- -% pineapple, % grapefruit)).

(b) The percent of fruit or vegetable juice(s) in a diluted juice beverage shall be calculated on the basis of the soluble solids content of the singlestrength (undiluted) juice(s) used to prepare the diluted beverage and shall be declared on a volume/volume basis. If the finished beverage is prepared from concentrated juice(s), the percent of fruit or vegetable juice(s) shall be calculated on the basis of the soluble solids content of the singlestrength (unconcentrated) juice(s) used to produce such concentrated juice(s). The soluble solids content of single-strength high-acid juice (lemon, lime, or cranberry juice) shall be the weight of soluble solids obtained from refractometer readings corrected for acidity as set forth in section 22.025, Official Methods of Analysis of the Association of Official Analytical Chemists, 13th Ed. (1980), which is incorporated by reference. Copies are available from the Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, DC 20044, or available for inspection at the Office of the Federal Register, 1100 L Street, NW., Washington, DC 20408.

[45 FR 39250, June 10, 1980, as amended at 47 FR 11821, Mar. 19, 1982]

EFFECTIVE DATE NOTE: Section 102.33, was added at 45 FR 39250, June 10, 1980, effective date for compliance July 1, 1981. At 45 FR 80497, Dec. 5, 1980, the compliance date was extended to July 1, 1982.

§ 102.37 Mixtures of edible fat or oil and olive oil.

The common or usual name of a mixture of edible fats and oils containing less than 100 percent and more than 0 percent olive oil shall be as follows:

(a) A descriptive name for the product meeting the requirements of § 102.5(a), e.g., "cottonseed oil and olive oil" or another descriptive phrase, and

(b) When the label bears any representation, other than in the ingredient listing, of the presence of olive oil in the mixture, the descriptive name shall be followed by a statement of the percentage of olive oil contained in the product in the manner set forth in § 102.5(b)(2).

§ 102.39 Onion rings made from diced onion.

(a) The common or usual name of the food product that resembles and is of the same composition as onion rings, except that it is composed of comminuted onions, shall be as follows:

(1) When the product is composed of dehydrated onions, the name shall be "onion rings made from dried diced onions."

(2) When the product is composed of any form of onion other than dehydrated, the name shall be "onion rings made from diced onions."

(b) The words "made from dried diced onions" or "made from diced onions" shall immediately follow or appear on a line(s) immediately below the words "onion rings" in easily legible boldface print or type in distinct contrast to other printed or graphic matter, and in a height not less than the larger of the following alternatives:

(1) Not less than one-sixteenth inch in height on packages having a principal display panel with an area of 5 square inches or less and not less than one-eighth inch in height if the area

of the principal display panel is greater than 5 square inches; or

(2) Not less than one-half the height of the largest type used in the words "onion rings."

§ 102.41 Potato chips made from dried potatoes.

(a) The common or usual name of the food product that resembles and is of the same composition as potato chips, except that it is composed of dehydrated potatoes (buds, flakes, granules, or other form), shall be "potato chips made from dried potatoes."

(b) The words "made from dried potatoes" shall immediately follow or appear on a line(s) immediately below the words "potato chips" in easily legible boldface print or type in distinct contrast to other printed or graphic matter, and in a height not less than the larger of the following alternatives:

(1) Not less than one-sixteenth inch in height on packages having a principal display panel with an area of 5 square inches or less and not less than one-eighth inch in height if the area of the principal display panel is greater than 5 square inches; or

(2) Not less than one-half the height of the largest type used in the words "potato chips."

square inches or less and not less than one-eighth inch in height if the area of the principal display panel is greater than 5 square inches; or

(2) Not less than one-half the height of the largest type used in the words "fish

§ 102.46 Pacific whiting.

"Pacific whiting" or "North Pacific whiting" is the common or usual name of the food fish Merluccius productus. [44 FR 45617, Aug. 3, 1979]

§ 102.47 Bonito.

"Bonito" or "bonito fish" is the common or usual name of the food fish Sardi chilensis and Sardi velox.

§ 102.49 Fried clams made from minced clams.

(a) The common or usual name of the food product that resembles and is of the same composition as fried clams, except that it is composed of comminuted clams, shall be "fried clams made from minced clams."

(b) The words "made from minced clams" shall immediately follow or appear on a line(s) immediately below the words "fried clams" and in easily legible boldface print or type in distinct contrast to other printed or graphic matter, and in a height not less than the larger of the following alternatives:

(1) Not less than one-sixteenth inch in height on packages having a principal display panel with an area of 5 square inches or less and not less than one-eighth inch in height if the area of the principal display panel is greater than 5 square inches; or

(2) Not less than one-half the height of the largest type used in the words "fried clams."

§ 102.54 Seafood cocktails.

The common or usual name of a seafood cocktail in package form fabricated with one or more seafood ingredients shall be:

(a) When the cocktail contains only one seafood ingredient, the name of the seafood ingredient followed by the word "cocktail" (e.g., shrimp cocktail, crabmeat cocktail) and a statement of the percentage by weight of that seafood ingredient in the product in the manner set forth in § 102.5(b).

(b) When the cocktail contains more than one seafood ingredient, the term "seafood cocktail" and a statement of the percentage by weight of each seafood ingredient in the product in the manner set forth in § 102.5(b).

§ 102.55 Nonstandardized breaded composite shrimp units.

(a) The common on usual name of the food product that conforms to the definition and standard of identity described by § 161.175(c)(6) of this chapter, except that the food is made from comminuted shrimp and is not in raw frozen form, shall be made from minced shrimp," the blank to be filled in with the words "breaded shrimp sticks" or "breaded shrimp cutlets" depending upon the shape of the product, or if prepared in a shape other than that of sticks or cutlets "breaded shrimp

made

from minced shrimp," the blank to be filled by a word or phrase that accurately describes the shape and that is not misleading.

(b) The words "made from minced shrimp" shall immediately follow or appear on a line(s) immediately below the other words required by this section in easily legible boldface print or

type in distinct contrast to other printed or graphic matter, and in a height not less than the larger of the following alternatives:

(1) Not less than one-sixteenth inch in height on packages having a principal display panel with an area of 5 square inches or less and no less than one-eighth inch in height if the area of the principal display panel is greater than 5 square inches; or

(2) Not less than one-half the height of the largest type used in the words "breaded shrimp sticks" or the other comparable words required by this section.

tainer code or marking, a day's production.

(2) For purposes of determining quality factors related to distribution and storage, a collection of primary containers or units transported, stored, or held under conditions as nearly uniform as possible.

(b) A "sample" consists of 10 subsamples (consumer units), taken one from each of 10 different randomly chosen shipping cases to be representative of a given lot, unless otherwise specified in a specific quality standard in this part.

(c) An "analytical unit" is the portion(s) of food taken from a subsample of a sample for the purpose of analysis.

[42 FR 14325, Mar. 15, 1977]

§ 103.5 General principles.

(a) The quality of a food depends upon numerous characteristics including but not limited to the levels of microorganisms and such physical factors as turbidity, color, flavor, and odor. Such characteristics are indicative of the quality of the raw materials and ingredients, the degree of quality control used in manufacture, processing, and packing, and the conditions of distribution and storage. The diversity of raw materials, food processing, and distribution practices, as well as the variation in quality factors important to consumers, requires that individual standards of quality be established for different types of food.

(b)(1) The label of a food that fails to meet the requirements of an applicable standard of quality promulgated pursuant to this part shall bear the general statement of substandard quality specified in § 130.14(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 whichever of the following are applicable:

(i) "Contains Excessive Bacteria".
(ii) "Excessively Turbid".
(iii) "Abnormal Color".

(iv) The phrase specified in the applicable standard of quality to describe any other quality deviation.

(2) The statement of substandard quality shall appear on the principal display panel or panels and shall immediately and conspicuously precede or follow, without intervening written, printed or graphic matter, the name of the food.

(c) Product descriptions included in a standard of quality promulgated pursuant to this part are intended only to designate the class of foods to which the standards apply, and are not standards of identity for the products involved. Should a standard of identity later be established for any of these foods, the standard of quality will be recodified to appear in the same part of the regulations.

(d) The food characteristics included in a standard of quality published in this part relate only to the quality of the food and not to compliance with any of the adulteration provision of section 402 of the act. Compliance with a standard of quality promulgated pursuant to this part does not excuse failure to observe either the requirement of section 402(a)(4) of the act that food may not be prepared, packed, or held under insanitary conditions, or the provisions of Parts 110 and 129 of this chapter requiring that food manufacturers must observe current food manufacturing practices. For example, evidence obtained through factory inspection indicating such a violation renders the food unlawful, even though the food contains levels of microorganisms lower than those prescribed by an applicable standard.

(e) The Commissioner of Food and Drugs, either on his own initiative or on behalf of any interested person who has submitted a petition, may establish, amend, or repeal, under Subpart B of this part, a regulation prescribing a standard of quality for a food pursuant to Part 10 of this chapter.

[42 FR 14325, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977; 44 FR 12172, Mar. 6, 1979]

Subpart B-Standards of Quality

§ 103.35 Bottled water.

(a) Definitions. (1) "Bottled water" is defined as water that is sealed in bottles or other containers and intended for human consumption. Bottled water does not include mineral water or any food defined in § 165.175 of this chapter.

(2) "Trihalomethane" (THM) means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

dibromochloromethane, bromodichloromethane and tribromomethane [bromoform]), rounded to two significant figures.

(b) Microbiological quality. Bottled water shall, when a sample consisting of analytical units of equal volume is examined by the methods described in applicable sections of "Standard Methods for the Examination of Water and Wastewater," 14th Ed. (1975), American Public Health Association, which is incorporated by reference (copies are available from the Division of Food Technology, Bureau of Foods (HFF-210), 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), meet the following standards of microbiological quality: (1) Multiple-tube fermentation method. Not more than one of the analytical units in the sample shall have a most probable number (MPN) of 2.2 or more coliform organisms per 100 milliliters and no analytical unit shall have an MPN of 9.2 or more coliform organisms per 100 milliliters; or

(2) Membrane filter method. Not more than one of the analytical units in the sample shall have 4.0 or more coliform organisms per 100 milliliters and the arithmetic mean of the coliform density of the sample shall not