42.10

Liquid eggs, mixed eggs, liquid whole eggs, mixed whole eggs; identity.

Liquid eggs, mixed eggs, liquid whole ggs, mixed whole eggs, are eggs of the lomestic hen, broken from the shells, nd with yolks and whites in their nat[ral proportions as so broken. They nay be mixed, or mixed and strained. 42.20 Frozen eggs, frozen whole eggs, frozen mixed eggs; identity. Frozen eggs, frozen whole eggs, frozen nixed eggs, are the food prepared by reezing liquid eggs.

§ 42.30 Dried eggs, dried whole eggs; identity; label statement of optional ingredients.

(a) Dried eggs, dried whole eggs are prepared by drying liquid eggs. They may be powdered. Sodium silicoaluminate may be added as an optional anticaking ingredient, but the amount used is less than 2 percent by weight of the finished food. The moisture content of the finished food, if the optional anticaking ingredient is used, does not exceed 5 percent by weight; however, if the optional anticaking ingredient is not used the moisture content may exceed 5 percent, but it does not exceed 8 percent. The moisture content is determined by the method prescribed in "Official Methods of Analysis of the Association of Official Agricultural Chemists," Ninth Edition, 1960, sections 16.002-16.003, under "Total Solids."

(b) (1) When the optional anticaking ingredient, as provided in paragraph (a) of this section is used, the label shall bear the statement "Less than 2 percent sodium silicoaluminate added as an anticaking agent."

(2) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement specified in subparagraph (1) of this paragraph, showing the optional ingredient used, shall immediately and conspicuously precede or follow such name, without intervening, written, printed, or graphic matter.

[28 F.R. 7776, July 31, 1963]

§ 42.40 Egg yolks, liquid egg yolks, yolks, liquid yolks; identity.

Egg yolks, liquid egg yolks, yolks, liquid yolks, are yolks of eggs of the domestic hen so separated from the whites thereof as to contain not less than 43 percent total egg solids, as determined by the method prescribed in "Official and Tentative Methods of Analysis of the Association of Official Agricultural Chemists," Fourth Edition, 1935, pages 297 and 298 [Ed. note, 9th edition, 1960, p. 220, secs. 16.002, 16.003], under "Total Solids." They may be mixed, or mixed and strained.

§ 42.60

Dried egg yolks, dried yolks; identity; label statement of optional ingredients.

(a) Dried egg yolks, dried yolks is the food prepared by drying egg yolks. Sodium silicoaluminate may be added as an optional anticaking ingredient, but the amount used is less than 2 percent by weight of the finished food. The moisture content of the finished food, if the optional anticaking ingredient is used, does not exceed 3 percent by weight; however, if the optional anticaking ingredient is not used, the moisture content may exceed 3 percent but it does not exceed 5 percent. The moisture content is determined by the method prescribed in "Official Methods of Analysis of the Association of Official Agricultural Chemists," Ninth Edition, 1960, sections 16.002 and 16.003, under "Total Solids."

(b) (1) When the optional anticaking ingredient sodium silicoaluminate is used, the label shall bear the statement, "Less than 2 percent sodium silicoaluminate added as an anticaking agent."

(2) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement specified in subparagraph (1) of this paragraph, showing the optional ingredient used, shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter.

[28 F.R. 4180, Apr. 27, 1963; 28 F.R. 4615, May 8, 1963]

PART 45-OLEOMARGARINE, MARGARINE; DEFINITIONS AND STANDARD OF IDENTITY

§ 45.1

Oleomargarine, margarine; identity; label statement of optional ingredients.

(a) Oleomargarine, margarine is the plastic food prepared with one or more of the optional fat ingredients named in subparagraph (1) (i), (ii), (iii), and (iv) of this paragraph, as follows:

(1) (i) The rendered fat or oil, or stearin derived therefrom (any or all of which may be hydrogenated), of cattle, sheep, swine, or goats, or any combination of two or more of such articles.

(ii) Any vegetable food fat or oil, or oil or stearin derived therefrom (any or all of which may be hydrogenated), or any combination of two or more of such articles.

(iii) Any combination of ingredients named in subdivisions (i) and (ii) of this subparagraph, in such proportion tha the weight of the ingredients named in subdivision (i) either equals the weigh of the ingredients named in subdivision (ii), or exceeds such weight by a rati of not greater than 9 to 1.

(iv) Any combination of ingredient named in subdivisions (i) and (ii) of thi subparagraph, in such proportion tha the weight of the ingredients named i subdivision (ii) exceeds the weight of th ingredients named in subdivision (i) b a ratio not greater than 9 to 1.

(2) One of the articles designated i subdivision (i), (ii), (iii), (iv), (v), o (vi) of this subparagraph is intimatel mixed with the fat ingredient or ingredi ents. The ingredients named in sub divisions (i), (ii), (iii), (iv), and (v are pasteurized and then subjected t the action of harmless bacterial starter The term "milk” as used in this subpara graph means cow's milk.

(i) Cream. (ii) Milk.

(iii) Skim milk.

(iv) Any combination of nonfat di milk and water, in which the weight the nonfat dry milk is not less than percent of the weight of the water.

(v) Any mixture of two or more of th articles named in subdivisions (i), (ii (iii), and (iv).

(vi) In case only of the fat ingredie designated in subparagraph (1) (ii) this paragraph, any combination finely ground soybeans and water, which the weight of the finely grour soybeans is not less than 10 percent the weight of the water. The fine ground soybeans are subjected to a he treatment before or after mixing wi the water. The soybeans may or m not be dehulled.

Congealing is effected, either with without contact with water, and the co gealed mixture may be worked.

(3) In the preparation of oleomarg rine one or more of the following o tional ingredients may also be used: (i) Artificial coloring. For the pu poses of this subdivision provitamin shall be deemed to be artificial colorir

(ii) Sodium benzoate or benzoic ac or a combination of these, in a quanti not to exceed 0.1 percent of the weight the finished product.

(iii) Vitamin A (with or without a accompanying vitamin D and with

ithout vitamin D concentrate), in such antity that the finished oleomargarine ontains not less than 15,000 United tates Pharmacopeia units of vitamin A er pound, as determined by the method rescribed in the Pharmacopeia of the nited States for total biological vitamin activity. The vitamin A potency precribed may be furnished by fish liver l; by concentrates of vitamin A or s fatty acid esters from animal sources; y synthetic vitamin A or its fatty acid sters; by mixtures of synthetic vitamin or its fatty acid esters with harmless ubstances formed during the synthesis f the vitamin A, if the vitamin A or its atty acid ester constitutes not less than 0 percent of the mixture; by provitamin ; or by any combination of two or more f these. For the purposes of this subdiision the term "fatty acid" may include cetic acid.

(iv) The artificial flavoring diacetyl dded as such or as starter distillate or roduced during the preparation of the roduct as a result of the addition of itric acid or harmless citrates.

(v) (a) Lecithin, in an amount not exeeding 0.5 percent of the weight of the nished oleomargarine; or

(b) Monoglycerides or diglycerides of at-forming fatty acids, or a combinaon of these, in an amount not exceeding .5 percent of the weight of the finished leomargarine; or

(c) Such monoglycerides and diglycrides in combination with the sodium alfo-acetate derivatives thereof, in a otal amount not exceeding 0.5 percent f the weight of the finished oleomararine; or

(d) A combination of (a) and (b) of his subdivision, in which the amount of either exceeds that above stated; or

(e) A combination of (a) and (c) of his subdivision, in a total amount not xceeding 0.5 percent of the weight of he finished oleomargarine.

he weight of the diglycerides in each f ingredients (b), (c), (d, and (e) of nis subdivision is calculated at one-half ctual weight.

(vi) Butter. (vii) Salt.

(viii) Citric acid incorporated in the at or oil ingredient used.

(ix) Isopropyl citrates incorporated in he fat or oil ingredient used, in an mount not to exceed 0.02 percent by eight of the finished oleomargarine.

(x) Stearyl citrate incorporated in the fat or oil ingredient used, in an amount not to exceed 0.15 percent by weight of the finished oleomargarine.

(xi) Potassium sorbate, in an amount not to exceed 0.1 percent by weight of the finished oleomargarine.

The finished oleomargarine contains not less than 80 percent fat, as determined by the method prescribed in "Official Methods of Analysis of the Association of Official Agricultural Chemists," 7th Edition, page 259 under "Indirect Method," section 15.111. [Ed. note, 9th edition, 1960, p. 205, sec. 15.115.]

(b) (1) When any ingredient named under one of the following specified subparagraphs of paragraph (a) of this section is used. the label shall, except as provided in this paragraph, bear the statement set forth below after the number of such subparagraph:

Subparagraph (1) (1)—"Prepared from Animal Fat" or "Made from Animal Fat."

Subparagraph (1) (ii) "Vegetable" or "Prepared from Vegetable Fat" or "Made from Vegetable Fat."

Subparagraph (2) (vi)-In lieu of label statement prescribed for ingredients designated in subparagraph (1) (li), "Prepared from Vegetable Fat, Water and Finely Ground Soybeans" or "Made from Vegetable Fat, Water and Finely Ground Soybeans."

Subparagraph (1) (iii)—"Prepared from Animal and Vegetable Fats" or "Made from Animal and Vegetable Fats."

Subparagraph (1) (iv)-"Prepared from Vegetable and Animal Fats" or "Made from Vegetable and Animal Fats."

Subparagraph (3) (1)—“Artificially Colored" or "Artificial Coloring Added" or "With Added Artificial Coloring."

Subparagraph (3) (11)—“Sodium Benzoate (or, as the case may be, "Benzoic Acid" or "Sodium Benzoate and Benzoic Acid") Added as a Preservative" or "With Added Sodium Benzoate (or, as the case may be, "Benzoic Acid" or "Sodium Benzoate and Benzoic Acid") as a Preservative."

Subparagraph (3) (111) "Vitamin A Added" or "With Added Vitamin A."

Subparagraph (3) (iv)—“Artificially Flavored" or "Artificial Flavoring Added" or "With Added Artificial Flavoring."

Subparagraph (3) (viii)-"Citric Acid Added to Protect Flavor" or "Citric Acid Added as a Preservative."

Subparagraph (3) (ix)—"Isopropyl Citrate Added to Protect Flavor" or "Isopropyl C1trate Added as a Preservative."

Subparagraph (3) (x)-"Stearyl Citrate Added to Protect Flavor" or "Stearyl Citrate Added as a Preservative."

Where oil is used, the word "oil" may be substituted for "fat" in the label statement. In lieu of the word "animal" or "vegetable" in any such statement, the common or usual name of the fat ingredient may be used. If two or more of the optional ingredients named in paragraph (a) (3) (i), (ii), (iii), (iv), (viii), (ix), and (x) of this section are used, the words "added" or "with added" need appear only once, either at the beginning or end of the list of such ingredients declared. The declaration of vitamin A may include the number of United States Pharmacopeia units present in the finished oleomargarine.

(2) Wherever the name "oleomargarine" or "margarine" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements prescribed in this section, showing the ingredients used, shall immediately and conspicuously precede or follow, or in part precede and in part follow, such name, without intervening written, printed, or other graphic matter.

(Sec. 701, 52 Stat. 1055, as amended; 21 U. S. C. 371. Interprets or applies sec. 401, 52 Stat. 1046, as amended; 21 U. S. C. 341) [20 F.R. 9615, Dec. 20, 1955, as amended at 21 F.R. 6566, Aug. 31, 1956, 28 F.R. 7473, July 23, 1963]

PART 46-NUT PRODUCTS; DEFINITIONS AND STANDARDS OF IDENTITY

§ 46.1

Peanut butter; identity; label statement of optional ingredients. (a) Peanut butter is the food made by grinding shelled, roasted, and blanched peanuts. The germ may or may not be included. Peanut oil may be removed in part during processing, and it may be added back in whole or in part. One or more of the optional ingredients specified in paragraph (b) of this section may be added, but the quantity of such added ingredients does not, in the aggregate, amount to more than 10 percent by weight of the finished food. (b) The optional ingredients referred to in paragraph (a) of this section are: (1) Salt.

(2) Sugar.

(3) Dextrose.

(4) Honey.

(5) Dried corn sirup.

(6) Dried glucose sirup.

(7) Partially hydrogenated peanut oil.

(8) Hydrogenated peanut oil. (9) Mono- and diglycerides of peanu oil.

(c) (1) The label of peanut butte shall name the optional ingredients use by the names set out in paragraph (b of this section.

(2) Wherever the name of the foo appears on the label so conspicuously a to be easily seen under customary cond tions of purchase, the names of th optional ingredients used shall imm diately and conspicuously precede or fo low the name "peanut butter," witho intervening written, printed, or graph matter.

(Secs. 401, 701, 52 Stat. 1046, 1055 as amend 70 Stat. 919; 21 U.S.C. 341, 371) [26 F. 11209, Nov. 28, 1961]

NOTE: By order appearing at 27 F.R. 94 Feb. 1, 1962, of the Commissioner of Fo and Drugs, the provisions of § 46.1 we stayed in their entirety.

1.503 Canned mushrooms; fill of container; label statement of substandard fill.

CANNED VEGETABLES OTHER THAN THOSE SPECIFICALLY REGULATED

1.990 Canned vegetables other than those specifically regulated; identity;

label statement of optional ingredients.

AUTHORITY: §§ 51.1 to 51.990 issued under ec. 701, 52 Stat. 1055, as amended; 21 U. S. C. 71. Interpret or apply sec. 401, 52 Stat. 046, as amended; 21 U. S. C. 341.

SOURCE: §§ 51.1 to 51.990 appear at 20 F. R. 616, Dec. 20, 1955, except as otherwise noted. CANNED PEAS

51.1 Identity; label statement of optional ingredients.

(a) Canned peas is the food prepared rom one of the following optional pea ngredients:

(1) Shelled, succulent peas (Pisum ativum) of Alaska or other smooth skin arieties.

(2) Shelled, succulent peas (Pisum ativum) of sweet, wrinkled varieties.

(3) Shelled, dried peas (Pisum satium) of Alaska or other smooth skin arieties.

(4) Shelled, dried peas (Pisum satium) of sweet, wrinkled varieties.

(b) To one such optional pea ingreient water is added.

(c) The following optional ingredients may be used:

(1) Salt;

(2) Monosodium glutamate;

(3) Sugar;

(4) Dextrose;

(5) Spice;

(6) Flavoring;

(7) Artificial coloring;

nd in case optional pea ingredient (a) 1) or (2) is used,

(8) Sodium carbonate, sodium biarbonate, sodium hydroxide, calcium ydroxide, magnesium hydroxide, maglesium oxide, or magnesium carbonate r any mixture or combination of them n such quantity that the pH of the finshed canned peas is not more than 8, as letermined by the glass electrode method or the hydrogen ion concentration.

(d) The food may be seasoned with one or more of the following optional seasonings:

(1) Green peppers or red peppers, which may be dried.

(2) Mint leaves.

(3) Onions, which may be dried.
(4) Garlic, which may be dried.
(5) Horseradish.

(e) The food is sealed in a container and so processed by heat as to prevent spoilage.

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

(2) If spice is present, the label shall bear the word or words "Spiced" or "With Added Spice" or "Spice Added."

(3) If flavoring is present, the label shall bear the words "With Added Flavoring" or "Flavoring Added."

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

(5) If one or more of the optional seasoning ingredients specified in paragraph (d) 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," or a combination of these names, as may be appropriate. The word "dehydrated" may be used in lieu of the word "dried."

(6) If one or more of the optional ingredients named in paragraph (c) (8) of this section is 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."

(7) If monosodium glutamate is used, the label shall bear the statement "Monosodium Glutamate Added" or "With Added Monosodium Glutamate."

(8) Wherever the name "peas" appears on the label so conspicuously as to be easily seen under customary condi