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.

(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]

§ 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 conformity 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

canning." When one of the optional ingredients specified in paragraph (a) (4) of this section is present, the label shall bear the statement "with added tomato paste" or "with added tomato puree," as appropriate, followed by any statements of optional ingredients required by the applicable standard of identity. When one or more of the optional ingredients specified in paragraph (a) (5) of this section is present, the label shall bear the statement "trace of added"

or "with added trace of

the blank being filled in with the words "calcium salt" or "calcium salts," as the case may be, or with the name or names of the particular calcium salt or salts added. When the optional ingredient provided for in paragraph (a) (6) of this section is present, the label shall bear the statement "with added" or "with added

66

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" "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.

or

(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

shall appear in conspicuous and easily legible letters of boldface print or type the size of which shall be not less than one-half of that required by Part 1 of this chapter for the statement of net quantity of contents appearing on the label, but in no case less than one-sixteenth of an inch in height. The entire ingredient statement shall appear on at least one panel of the label and in lines generally parallel to the base on which the container rests as it is designed to be displayed.

[35 F.R. 3804, Feb. 27, 1970; 35 F.R. 4548, Mar. 14, 1970]

§ 53.41

Canned tomatoes; quality; label statement of substandard quality. (a) The standard of quality for canned tomatoes is as follows:

(1) The drained weight, as determined by the method prescribed in paragraph (b) (1) of this section, is not less than 50 percent of the weight of water required to fill the container, as determined by the general method for water capacity of containers prescribed in § 10.6(a) of this chapter;

(2) The strength and redness of color as determined by the method prescribed in paragraph (b) (2) of this section, is not less than that of the blended color of any combination of the color discs described in such method, in which onethird the area of disc 1, and not more than one-third the area of disc 2, is exposed;

(3) Peel, per pound of canned tomatoes in the container, covers an area of not more than 1 square inch provided, however, that area of peel is not a factor of quality for canned unpeeled tomatoes labeled in accordance with § 53.40 (c) (1) of this chapter; and

(4) Blemishes, per pound of canned tomatoes in the container, cover an area of not more than one-fourth square inch.

(b) Canned tomatoes shall be tested by the following method to determine whether or not they meet the requirements of paragraph (a) (1) and (2) of this section:

(1) Remove lid from container, but in the case of a container with lid attached by double seam, do not remove or alter the height of the double seam. Tilt the opened container so as to distribute the contents over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve used is 8 inches if the quantity of the contents of the container is less than 3 pounds, or 12

inches if such quantity is 3 pounds or more. The meshes of such sieve are made by so weaving wire of 0.054-inch diameter as to form square openings 0.446 inch by 0.446 inch. Without shifting the tomatoes, so incline the sieve as to facilitate drainage of the liquid. Two minutes from the time drainage begins, weigh the sieve and drained tomatoes. The weight so found, less the weight of the sieve, shall be considered to be the drained weight.

(2) Remove from the sieve the drained tomatoes obtained in subparagraph (1) of this paragraph. Cut out and segregate successively those portions of least redness until 50 percent of the drained weight, as determined under subparagraph (1) of this paragraph, has been so segregated. Comminute the segregated portions to a uniform mixture without removing or breaking the seeds. Fill the mixture into a black container to a depth of at least 1 inch. Free the mixture from air bubbles, and skim off or press below the surface all visible seeds. Compare the color of the mixture, in full diffused daylight or its equivalent, with the blended color of combinations of the following concentric Munsell color discs of equal diameter, or the color -equivalents of such discs:

statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name "Tomatoes" and any statements required or authorized to appear with such name by § 53.40 (b). [20 F.R. 9624, Dec. 20, 1955, as amended at 31 F.R. 10677, Aug. 11, 1966]

§ 53.42 Canned tomatoes, fill of container; label statement of substandard fill.

(a) The standard of fill of container for canned tomatoes is a fill of not less than 90 percent of the total capacity of the container, as determined by the general method for fill of containers prescribed in § 10.6(b) of this chapter.

(b) If canned tomatoes fall below the standard of fill of container prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard fill specified in § 10.7(b) of this chapter, in the manner and form therein specified.

[20 F.R. 9624, Dec. 20, 1955]

(i) Red-Munsell 5 R 2.6/13 (glossy -finish).

85.2

(ii) Yellow-Munsell 2.5 YR 5/12

85.3

(glossy finish).

85.4

85.5

(iii) Black-Munsell N 1/ (glossy finish).

(iv) Grey-Munsell N 4 (mat finish). (c) If the quality of canned tomatoes falls below the standard prescribed in paragraph (a) of this section, the label shall bear the general statement of sub*standard quality specified in § 10.7(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 the words specified after the corresponding number of each subparagraph of paragraph (a) of this section which such canned tomatoes fail to meet, as follows: (1) "Excessively Broken Up"; (2) "Poor Color"; (3) "Excessive Peel"; (4) "Excessive Blemishes." If such canned tomatoes fail to meet both (3) and (4), -the words "Excessive Peel and Blemishes" may be used instead of the words specified after the corresponding num#bers of such clauses. Such alternative

85.13 85.14

General requirements for plant and equipment.

General operating conditions.

Code marking.

Examination after processing.

Certificates of inspection; warehousing and export permits.

Inspection fees.

Suspension and withdrawal of inspection service.

Sec.

85.27

85.28

Certificates of inspection; warehous-
ing and export permits.
Inspection fees.

85.29 Suspension and withdrawal of inspection service.

← AUTHORITY: The provisions of this Part 85 issued under sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. 371.

SOURCE: The provisions of this Part 85 appear at 20 F.R. 9624, Dec. 20, 1955, unless otherwise noted.

Subpart A-Inspection of Processed Shrimp

§ 85.1 Application for inspection service.

(a) Applications for inspection service on the processing of shrimp under the provisions of section 702a of the Federal Food, Drug, and Cosmetic Act shall be on forms supplied by the Food and Drug Administration, referred to in this subpart as the Administration. The processing of shrimp comprises all the operations, including labeling and storage, necessary to prepare for the market shrimp in any of the following forms: Iced or frozen raw headless, raw peeled or cooked peeled (any of which may de deveined); iced or frozen deveined shrimp, partially or completely peeled (which may be battered and breaded before freezing), and canned shrimp. No application for a regular inspection period filed with the Administration after May 1, preceding such period in any year, shall be considered unless the applicant shows substantial cause for failure to file such application on or before May 1 of such year. A separate application shall be made for each inspection period in each establishment for which the service is applied. Each application for a regular inspection period shall be accompanied by an advance payment of $500.00 as prescribed by § 85.13(a)(1). Such payment shall be made in the manner prescribed by §85.13 (e).

(b) For the purposes of §§ 85.1 through 85.14, an establishment is defined as a factory where shrimp may be processed and warehouses and cold storage plants under the control and direction of the packer where such shrimp is stored. § 85.2

Granting or refusing inspection service; cancellation of application. (a) The Secretary of Health, Education, and Welfare may grant the inspection service applied for upon determining

that the establishment covered by such application complies with the requirements of § 85.6.

(b) The Secretary may refuse to grant inspection service at any establishment for cause. In case of refusal, the applicant shall be notified of the reason therefor and shall have returned all advance payments and deposits made, less any expenses incurred for preliminary inspection of the establishment or for other purposes incident to such application.

(c) The applicant, by written notice to the Secretary, may withdraw his application for inspection service before July 1 preceding the inspection period covered by the application. In case of such withdrawal, the Secretary shall return to such applicant all advance payments and deposits made, less any salary and other expense incurred incident to such application.

(a) The regular inspection period in each establishment in which inspection service under §§ 85.1 through 85.14 is granted consists of 9 consecutive months. The date of the beginning of such regular inspection period shall be regarded as the date, on or after July 1, but not later than October 1, specified for the beginning of the service in the application therefor, or such other date as may be specified by amendment to such application and approved; but if the Secretary is not prepared to begin the service on the specified date, then the period shall start on the date on which service is begun.

(b) Extension inspection periods shall begin at the close of the preceding inspection period. Extension inspection periods may be granted for periods of 1 month and/or fractional parts of 1 month, but in no case less than 1 day. Extension inspection periods for 1 month may be granted in such establishment if application therefor, accompanied by a payment of $600.00 as prescribed by § 85.13 (a) (3), is made at least 2 weeks in advance of the close of such preceding inspection period. Applications for extension inspection periods for fractional parts of a month may be accepted when accompanied by the payment prescribed by § 85.13 (a) (3) for such extensions. No regular or extension inspection period shall extend beyond June 30 of any year.

(c) Upon request of the packer, and with the approval of the Administration, such service during any inspection period may be transferred from one establishment to another to be operated by the same packer; but such transfer shall not serve to lengthen any inspection period or to take the place of an extension inspection period. In case of such transfer the packer shall furnish all necessary transportation of inspectors.

(d) The inspection service shall be continuous throughout the inspection period.

§ 85.4 Assignment of inspectors.

(a) An initial assignment of at least one inspector shall be made to each establishment in which inspection service under §§ 85.1 through 85.14 is granted. Thereafter, the Administration shall adjust the number of inspectors assigned to each establishment and tour of duty of each inspector to the requirements for continuous and efficient inspection.

(b) Any inspector of the Administration shall have free access at all times to all parts of the establishment, to plants supplying materials to the inspected establishment, and to all fishing and freight boats and other conveyances catching shrimp for, or transporting shrimp to, such establishment.

§ 85.5 Uninspected shrimp excluded from inspected establishments.

(a) No establishment to which inspection service has been granted shall at any time thereafter process shrimp which has not been so inspected or handle or store in such establishment any processed shrimp which has not been so inspected; but this paragraph shall not apply to an establishment after termination of inspection service therein or withdrawal therefrom as authorized by § 85.14.

(b) All shrimp and other ingredients entering into the finished product may be subject to inspection prior to delivery to the establishment or at any time thereafter, and all shrimp processed in such establishment shall be subject to certification under § 85.12.

§ 85.6 General requirements for plant and equipment.

(a) All exterior openings of the establishment shall be adequately screened, and roofs and exterior walls shall be tight. When necessary, fly traps, fans, blowers, or other approved insect-control devices shall be installed.

(b) Except for raw headless shrimp, which may or may not be deveined, picking and packing rooms shall be separate, provided that this requirement may be waived by the Administration where separation of picking and packing rooms is not necessary for adequate sanitation. Blanching tanks shall not be located in picking room. Fixtures and equipment shall be so constructed and arranged as to permit thorough cleaning. Such rooms shall be adequately lighted and ventilated, and the floors shall be tight and arranged for thorough cleaning and proper drainage. Open drains from picking room shall not enter packing or blanching room. If picking and packing rooms are in separate buildings. such buildings shall be not more than 100 yards apart unless adequate provisions are made to enable efficient inspection.

(c) All surfaces of tanks, belts, tables, flumes, utensils, and other equipment with which either picked or un. picked shrimp come in contact after delivery to the establishment shall be of metal or of other smooth nonporous and easily cleanable materials, provided such materials are not lead or other toxic substances. Metal seams shall be smoothly soldered or smoothly welded.

(d) Adequate supplies of suitable detergents and sanitizing agents approved by the Administration; clean, unpolluted running water; and, if necessary, steam shall be provided for washing, cleaning, and otherwise maintaining the establishment in a sanitary condition.

(e) Adequate toilet facilities of sanitary type which comply fully with applicable State laws and local ordinances shall be provided.

(f) An adequate number of sanitary washbasins, with liquid or powdered soap, shall be provided in both the picking and packing rooms. Paper towels shall be provided in the packing room. Provision shall be made for sanitizing the hands of employees by the use of suitable sanitizing agents.

(g) Signs requiring employees handling shrimp to wash and sanitize their hands after each absence from post of duty shall be conspicuously posted in the picking and packing rooms and elsewhere about the premises as conditions require.

(h) One or more suitable washing devices and one or more suitable inspection belts shall be installed for the washing