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 being avoided by good canning practices.

(3) Single-fruit nectars are made from fruits of a single variety. The proportion of fruit ingredient used on an equivalent single strength basis is not less than 40 percent by weight of the finished food; except that for apricot nectar it is not less than 35 percent, for papaya nectar it is not less than 33 percent, and for guava nectar it is not less than 25 percent. Multiple-fruit nectars are made from two or more varieties of fruit, and they may be made by blending singlefruit nectars provided that each single-fruit nectar used meets its fruit ingredient requirement. The fruit ingredient requirements for those fruits that by paragraph (b)(1) of this section are restricted for use in combination with other fruits are: Apples-not less than 40 percent, cherries-not less than 40 percent, passion fruit-not less than 15 percent, and pineapples-not less than 40 percent. Each multiplefruit nectar made by any procedure other than by the method of blending single-fruit nectars shall contain no less of each fruit ingredient than it would be required to have if made by the blending method. In no case shall the quantity of a fruit ingredient be less than that required to impart a definite flavor or other definite characteristic to the nectar. The weight of any fruit ingredient shall be determined as follows: Determine the percent of soluble sclids in such fruit ingredient by the method prescribed in section 29.011 of "Official Methods of Analysis of the Association of Official Agricultural Chemists," 10th Edition, 1965, page 487, under "Solids." Use

this method notwithstanding the presence of insoluble solids. Multiply the result so found by the weight of each fruit ingredient used and divide the product by the Brix value for each such fruit ingredient set forth in paragraph (c)(3) of this section. The result is the equivalent weight of the individual single strength fruit ingredients. For example, 1,180 pounds of concentrated peach ingredient having 30 percent soluble solids is used. The equivalent weight of single strength peach ingredient would be:

(1,180×30÷11.8=3,000 pounds.)

(c) Any requirement of this section with respect to the weight of any fruit means:

(1) In the case of fruit the proper preparation of which involves the removal of pits, seeds, skins, cores, or other parts, the weight of such fruit exclusive of all such substances removed therefrom; and

(2) The weight of the fruit exclusive of the weight of water or any other substance added for any processing, packing, or canning of such fruit, or otherwise added to such fruit.

(3) For the purposes of this section the weight of any fruit ingredient shall be converted to the equivalent weight of single strength fruit ingredient having a Brix value as follows:

(1) Acidifiers: Lemon juice, concentrated lemon juice, citric acid, malic acid, and fumaric acid.

(2) Ascorbic acid as an antioxidant preservative in a quantity not to exceed 150 parts per million.

(3) Ascorbic acid (vitamin C) added in such quantity that the total ascorbic acid in each 4 fluid ounces of the finished fruit nectar amounts to not less than 30 milligrams and not more than 60 milligrams.

(f) The names of the fruit nectars for which standards of identity are prescribed by this section are:

(1) If the fruit ingredient is prepared from a single variety of fruit the name is "nectar" preceded by the name of the fruit; for example, "Apricot nectar".

(2) If the fruit ingredient is a combination of two or more fruits and the weight of each is not less than onetenth of the weight of the combination, the name is "nectar" preceded by the names of the fruits arranged in descending order of predominance; for example, "Apricot and papaya nectar".

(3) If the fruit ingredient is a combination, the nectar shall be so named as to differentiate those fruits furnishing one-tenth or more to the weight of the combination from those fruits furnishing less than one-tenth to such weight. The names of those fruits furnishing one-tenth or more to the combination shall be shown as prescribed in paragraph (f)(2) of this section; or, alternatively, in the case of combinations wherein each of four or more fruits furnishes one-tenth or more to the weight of the combination, their names may be listed in descending order of predominance immediately following the words "Blended fruit nectar". The names of any fruits furnishing less than one-tenth of the weight of the combination shall be shown immediately following the rest of the name of the nectar by listing them in the blank of the statement "with added

or

--added". For example, nectar made with a combination containing: 35 percent pear, 25 percent peach, 20 percent plum, 15 percent apricot, and 5 percent passion fruit may be named "Pear, peach, plum, apricot nectar, passion fruit added", or

alternatively, it may be named "Blended fruit nectar-pear, peach, plum, apricot, with added passion fruit".

(g) The common names of optional ingredients used shall be shown on the principal display panel or panels of the label with such prominence and conspicuousness that they are likely to be read and understood by ordinary individuals under customary conditions of purchase. The term "sweetener added" may be used in lieu of the name or names of the sweetening ingredient. When ascorbic acid is added as provided for in paragraph (e)(2) of this section, it shall be declared on the label by the statement "ascorbic acid added ---", the blank being filled in with "to preserve color and flavor" or "as a preservative". A fruit nectar containing ascorbic acid (vitamin C) as provided for in paragraph (e)(3) of this section shall bear on the label, in addition to the preservative declaration required by this paragraph, the statement "vitamin C added" or "with added vitamin C" and such statement shall be accompanied by labeling conforming to the requirements prescribed in the regulations established pursuant to section 403(j) of the Federal Food, Drug, and Cosmetic Act.

NOTE.-Section 146.113 (formerly § 27.126) was stayed in its entirety at 33 FR 10713, July 27, 1968.

§ 146.114 Lemon juice.

(a) Identity-(1) Description. Lemon juice is the unfermented juice, obtained by mechanical process, from sound, mature lemons (Citrus limon (L.) Burm. f.), from which seeds (except embryonic seeds and small fragments of seed which cannot be separated by good manufacturing practice) and excess pulp are removed. The juice may be adjusted by the addition of the optional concentrated lemon juice ingredient specified in paragraph (a)(2) of this section in such quantity so that the increase in acidity, calculated as anhydrous citric acid, does not exceed 15 percent of the acidity of the finished food. The lemon oil and lemon essence (derived from lemons) content may be adjusted in accordance with good manufacturing practice. The juice may have been

concentrated and later reconstituted. When prepared from concentrated lemon juice, the finished food contains not less than 6 percent, by weight, of soluble solids taken as the refractometric sucrose value (of the filtrate), corrected to 20° C, but uncorrected for acidity, in accordance with the "International Scale of Refractive Indices of Sucrose Solutions" in table 52.012 of "Official Methods of Analysis of the Association of Official Analytical Chemists," 12th ed., 1975 and has a titratable acidity content of not less than 4.5 percent, by weight, calculated as anhydrous citrus acid. The food may contain one or any combination of the safe and suitable optional ingredients specified in paragraph (a)(2) of this section. Lemon juice, as defined in this paragraph, may be preserved by heat sterilization (canning), refrigeration, freezing, or by the addition of safe and suitable presérvatives. When sealed in a container to be held at ambient temperatures, it is preserved by the addition of safe and suitable preservatives or so processed by heat, before or after sealing, as to prevent spoilage.

(2) Optional ingredients. The optional safe and suitable ingredients referred to in paragraph (a)(1) of this section are:

(i) Concentrated lemon juice (lemon juice from which part of the water has been removed).

(ii) Water and/or lemon juice to reconstitute concentrated lemon juice in the manufacture of lemon juice from

concentrate.

(iii) Preservatives.

(3) Labeling. (i) The name of the food is:

(a) "Lemon juice" (1) if the food is prepared from unconcentrated, undiluted liquid extracted from mature lemons; or (2) if the food is prepared from unconcentrated, undiluted liquid extracted from mature lemons to which concentrated lemon juice is added to adjust acidity as provided for in paragraph (a)(1) of this section.

'Copies may be obtained from: Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, DC 20044, or examined in the Office of the Federal Register Library.

(b) "Lemon juice from concentrate" or "reconstituted lemon juice" (1) if the food is prepared from concentrated lemon juice and water and/or lemon juice; or (2) if the food is prepared from lemon juice from concentrate and lemon juice. The words "from concentrate" or "reconstituted" shall be shown in letters not less than one-half the height of the letters in the word "lemon juice."

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

(b) [Reserved]

(c) Fill of container. (1) The standard of fill of container for lemon juice, except when the food is frozen, is not less than 90 percent of the toal capacity of the container as determined by the general method for fill of container prescribed in § 130.12(b) of this chapter, except (i) when the food is frozen or (ii) when the food is packaged in individual serving-size packages, containing 1⁄2 fluid ounce or less, for use as described in §1.24(a)(3) of this chapter.

(2) Compliance is determined as specified in § 146.3(g)(2).

(3) If the lemon juice fails to meet the standard of fill as prescribed in paragraph (c)(1) and (2) of this section, the label shall bear the general statement of substandard fill specified in § 130.14(b) of this chapter, in the manner and form therein prescribed. [45 FR 7786, Feb. 5, 1980]

EFFECTIVE DATE NOTE: Section 146.114 becomes effective July 1, 1981.

§ 146.115 Lemonade.

(a) Lemonade is the beverage food prepared from one or more of the lemon juice ingredients specified in paragraph (b) of this section, water, and one or more of the optional sweetening ingredients specified in paragraph (c) of this section. It may contain one or more of the optional ingredients provided for in paragraph (d) of this section. The proportion of lemon juice ingredients used is sufficient to yield an acidity, calculated as anhydrous citric acid, of not less than 0.70 gram per 100 milliliters of the finished lemonade. The pulp content of lemon

He made adjusted by removing or *** lemon pulp in accordance *5% good manufacturing practice.

drmare made by diluting frozen www.trate for lemonade, identified ** 3 148, 120, with water to meet the reEvents of this section is deemed to be lemonade. Lemonade may be areated with heat to reduce the enzy*ate activity and the number of Viable microorganisms. It may be preserved by refrigeration, by freezing, by The addition of preservatives as provided for in paragraph (d)(2) of this section, or by sealing in containers and so processing by heat, either before or after sealing, as to prevent spoilage.

(b) The lemon juice ingredients referred to in paragraph (a) of this section are lemon juice and concentrated lemon juice, either of which may be frozen. For the purposes of this section, lemon juice is the juice expressed from mature lemons of an acid variety. Concentrated lemon juice is lemon juice from which part of the water has been removed. Lemon juice ingredients may be treated by heat to reduce the enzymatic activity and the number of viable microorganisms.

(e) The optional sweetening ingredients referred to in paragraph (a) of this section are: Sugar, invert sugar sirup, dextrose, corn sirup, dried corn sirup, glucose sirup, and dried glucose

cob Optional ingredients that may be added in making lemonade are one or more of the following:

(D) Lemon oil, cold pressed lemon oil, concentrated lemon oil, and lemon essence recovered during the concentration of lemon juice.

On The chemical preservatives: Sodium benzoate and sorbic acid.

(b) slate and suitable buffering salts, emubitying agents and weighting oils comubtlying agents and weighting oils may be used only when an oil as provided for by paragraph (d)(D) of this section is added and in a quantity not greater than required to facilitate dispersion of such old. Such ingredients are deemed safe if they are not food additives as defined by section 201(s) of the Pederal Food, Drug, and Cosmetic Act, or if they are food additives as so defined, when they are used in conformity with regulations estab

lished pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act.

(e) The name of the food is "Lemonade". If the food is preserved by freezing, the name is "Frozen lemonade". If it is preserved by heat processing so as to prevent spoilage, the name is "Canned lemonade"; however, if it does not purport to be a refrigerated or frozen product, the word "canned" may be omitted.

(f) The common names of optional ingredients used shall be shown on the principal display panel or panels of the label with such prominance and conspicuousness that they are likely to be read and understood by ordinary individuals under customary conditions of purchase. The term "sweetener added" may be used in lieu of the name or names of the sweetening ingredient. The term "flavor added" may be used in lieu of the names for lemon oil, cold-pressed lemon oil, concentrated lemon oil, or lemon essence. The name of the preservative ingredient used shall be accompanied by words to show that it is a preservative; for example, "preserved with sodium benzoate".

NOTE.-Section 146.115 (formerly § 27.99) was stayed in its entirety at 33 FR 10713, July 27, 1968.

§ 146.120 Frozen concentrate for lemonade.

(a) Frozen concentrate for lemonade is the frozen food prepared from one or both of the lemon juice ingredients specified in paragraph (b) of this section together with one or any mixture of safe and suitable nutritive carbohydrate sweeteners. The product contains not less than 48.0 percent by weight of soluble solids taken as the sucrose value determined by refractometer and corrected for acidity as given in "Correction of Refractometer Sucrose Readings for Citric Acid Content in Frozen Concentrate for Lemonade," by Yeatman, Senzel and Springer, "Journal of the Association of Analytical Chemists," vol. 59, p. 368 (1976). When the product is diluted

2Copies may be obtained from: Association of Official Analytical Chemists, P.O. Box 540, Benjamin Franklin Station, Washington, D.C. 20044.

according to directions for making lemonade which shall appear on the label, the acidity of the lemonade, calculated as anhydrous citric acid, shall be not less than 0.70 gram per 100 milliliters, and the soluble solids, measured as described for the concentrate, shall be not less than 10.5 percent by weight.

(b) The lemon juice ingredients referred to in paragraph (a) of this section are:

(1) Lemon juice or frozen lemon juice or a mixture of these.

(2) Concentrated lemon juice or frozen concentrated lemon juice or a mixture of these.

For the purposes of this section, lemon juice is the undiluted juice expressed from mature lemons of an acid variety; and concentrated lemon juice is lemon juice from which part of the water has been removed. In the preparation of the lemon juice ingredients, the lemon oil content may be adjusted by the addition of lemon oil or concentrated lemon oil in accordance with good manufacturing practice, and the lemon pulp in the juice as expressed may be left in the juice or may be separated. Lemon pulp that has been separated, which may have been preserved by freezing, may be added in preparing frozen concentrate for lemonade, provided that the amount of pulp added does not raise the proportion of pulp in the finished food to a level in excess of that which would be present by using lemon juice ingredients from which pulp has not been separated. The lemon juice ingredients may be treated by heat, either before or after the other ingredients are added, to reduce the enzymatic activity and the number of viable microorganisms.

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

§ 146.121 Frozen concentrate for artificially sweetened lemonade.

(a) Frozen concentrate for artificially sweetened lemonade conforms to the definition and standard of identity prescribed for frozen concentrate for lemonade by § 146.120, except that in lieu of nutritive sweeteners it is sweet

ened with one or more of the artificial sweetening ingredients listed in and complying with the requirements of Parts 172, 180 or 184 of this chapter, and the soluble solids specifications prescribed in § 146.120(a) do not apply. When the product is diluted according to directions which shall appear on the label, the acidity of the artificially sweetened lemonade, calculated as anhydrous citric acid, shall be not less than 0.70 gram per 100 milliliters. It may contain one or more safe and suitable dispersing ingredients serving the function of distributing the lemon oil throughout the food. It may also contain one or more safe and suitable thickening ingredients. Such dispersing and thickening ingredients 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.

(b) [Reserved]

(c) The name of the food is "Frozen concentrate for artificially sweetened lemonade". The words "artificially sweetened" shall be of the same size and style of type as the word "lemonade".

66

(d) If an optional thickening or dispersing ingredient referred to in paragraph (a) of this section is used, the label shall bear the statement -added" or "with added -", the blank being filled in with the common name of the thickening or dispersing agent used. Such statement shall be set forth on the label with such prominence and conspicuousness as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase.

(e) Frozen concentrate for artificially sweetened lemonade is labeled to conform to the labeling requirements prescribed for foods which purport to be or are represented for special dietary use by regulations promulgated pursuant to section 403(j) of the act.

§ 146.125 Colored lemonade.

(a) Colored lemonade is the beverage food that conforms to the definition and standard of identity and is subject