ordinary individual under customary conditions of purchase. If two or more such optional ingredients are present, such statements as are required may be combined; for example, "With added salt, spice, flavoring, and monosodium glutamate."

[33 FR. 2598, Feb. 6, 1968]

§ 51.2 Canned peas; quality; label statement of substandard quality.

(a) The standard of quality for canned peas is as follows:

(1) Not more than 4 percent by count of the peas in the container are spotted or otherwise discolored;

(2) Standard canned peas are normally colored, not artificially colored;

(3) The combined weight of pea pods and other harmless extraneous vegetable material is not more than one-half of 1 percent of the drained weight of peas in the container;

(4) The weight of pieces of peas is not more than 10 percent of the drained weight of peas in the container;

(5) The skins of not more than 25 percent by count of the peas in the container are ruptured to a width of 16 inch or more;

(6) Not less than 90 percent by count of the peas in the container are crushed by a weight of not more than 907.2 grams (2 pounds); and

(7) The alcohol-insoluble solids of Alaska or other smooth skin varieties of peas in the container, is not more than 23.5 percent, and of sweet, wrinkled varieties, not more than 21 percent.

(b) Canned peas shall be tested by the following methods to determine whether or not they meet the requirements of paragraph (a) of this section:

(1) After determining the fill of the container as prescribed in § 51.3 (a), distribute the contents of the container over the meshes of a circular sieve made with No. 8 woven-wire cloth which complies with the specifications for such cloth set forth on page 3 of "Standard Specifications for Sieves," published October 25, 1938, by United States Department of Commerce, National Bureau of Standards. 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. Without shifting the peas, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, remove the peas

from the sieve and weigh them. Such weight shall be considered to be the drained weight of the peas.

(2) From the drained peas obtained in subparagraph (1) of this paragraph, promptly segregate and weigh the pea pods and other harmless extraneous vegetable material, and the pieces of peas.

(3) From the drained peas obtained in subparagraph (1) of this paragraph, take at random a subdivision of 100 to 150 peas, and count them. Immediately cover these peas with a portion of the liquid obtained in subparagraph (1) of this paragraph, and add the remaining liquid to the drained peas from which the subdivision was taken. Count those peas in the subdivision which are spotted or otherwise discolored, and also those peas the skins of which are ruptured to a width of 18 inch or more.

(4) Immediately after each pea is examined by the method prescribed in subparagraph (3) of this paragraph, test it by removing its skin, placing one of its cotyledons, with flat surface down, on the approximate center of the level, smooth surface of a rigid plate, lowering a horizontal disc to the highest point of the cotyledon, and measuring the height of the cotyledon. The disc is of rigid material and is affixed to a rod held vertically by a support through which the rod can freely move upward or downward. The lower face of the disc is a smooth, plane surface horizontal to the vertical axis of the rod. A device to which weight may be added is affixed to the upper end of the rod. Before lowering the disc to the cotyledon, adjust the combined weight of disc, rod, and device to 100 grams. After measuring the height of the cotyledon, and shifting the plate, if necessary, so that the cotyledon is under the approximate center of the disc, add weight to the device at a uniform, continuous rate of 12 grams per second until the cotyledon is pressed to one-fourth its previously measured height, or until the combined weight of disc, rod, and device is 907.2 grams (2 pounds). A pea so tested shall be considered to be crushed when its cotyledon is pressed to one-fourth its original height.

(5) Drain the liquid from the peas which remained after taking the subdivision as prescribed in subparagraph (3) of this paragraph. Transfer the peas to a pan, and rinse them with a volume of water equal to twice the capacity of the container from which such

peas were drained in subparagraph (1) of this paragraph. Immediately drain the peas again by the method prescribed in subparagraph (1) of this paragraph. After the 2 minutes' draining, wipe the moisture from the bottom of the sieve. Comminute the peas thus drained, stir them to a uniform mixture, and weigh 20 grams of such mixture into a 600 cc. beaker. Add 300 cc. of 80 percent alcohol (by volume), stir, cover beaker, and bring to a boil. Simmer slowly for 30 minutes. Fit a Buchner funnel with a previously prepared filter paper of such size that its edges extend 1⁄2 inch or more up the vertical sides of the funnel. The previous preparation of the filter paper consists of drying it in a flat-bottomed dish for 2 hours at 100° Centigrade, covering the dish with a tight-fitting cover, cooling it in a desiccator, and promptly weighing. After the filter paper is fitted to the funnel, apply suction and transfer the contents of the beaker to the funnel. Do not allow any of the material to run over the edge of the paper. Wash the material on the filter with 80 percent alcohol (by volume) until the washings are clear and colorless. Transfer the filter paper with the material retained thereon to the dish used in preparing the filter paper. Dry the material in a ventilated oven, without covering the dish, for 2 hours at 100° Centigrade. Place the cover on the dish, cool it in a desiccator, and promptly weigh. From this weight, subtract the weight of the dish, cover, and paper, as previously found. The weight in grams thus obtained, multiplied by 5, shall be considered to be the percent of alcohol-insoluble solids.

(c) If the quality of canned peas falls below the standard prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard 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 when the quality of canned peas falls below the standard in only one respect, the label may bear the alternative statement "Below Standard in Quality

," the blank to be filled in with the words specified after the corresponding subparagraph number of paragraph (a) of this section which such canned peas fail to meet, as follows: (1) "Excessive Discolored Peas"; (2) "Artificially Colored"; (3) "Excessive Foreign Material"; (4) "Excessive Broken Peas"; (5) "Excessive Cracked Peas"; (6) "Not Ten

der"; (7) "Excessively Mealy." Such alternative statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name "Peas" and any words and statements required or authorized to appear with such name by § 51.1(d).

[20 FR. 9616, Dec. 20, 1955, as amended at 31 F.R. 12716, Sept. 29, 1966; 33 F.R. 2598, Feb. 6, 1968]

§ 51.3 Canned peas; fill of container; label statement of substandard fill.

(a) The standard of fill of container for canned peas is a fill such that, when the peas and liquid are removed from the container and returned thereto, the leveled peas (irrespective of the quantity of the liquid), 15 seconds after they are so returned completely fill the container. A container with lid attached by double seam shall be considered to be completely filled when it is filled to the level 16 inch vertical distance below the top of the double seam; and a glass container shall be considered to be completely filled when it is filled to the level 1⁄2 inch vertical distance below the top of the container.

(b) If canned peas 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. 9617, Dec. 20, 1955, as amended at 31 F.R. 12716, Sept. 29, 1966]

CANNED BEANS

§ 51.10 Canned green beans; identity; label statement of optional ingredi

ents.

(a) Canned green beans is the food prepared from stemmed, succulent pods of the green-bean plant, and water. The food may contain one or more of the optional ingredients specified in paragraph (b) of this section and one or more of the optional seasonings specified in paragraph (c) of this section. The food is sealed in a container and so processed by heat as to prevent spoilage. The pods are prepared in one of the following forms, each such form being an optional ingredient:

(1) Whole pods, including pods which after removal of either or both ends are less than 234 inches in length, or transversely cut pods not less than 234 inches in length. There may be present such

broken pieces of pods as normally occur in the commercial packing of such product.

(2) Pods sliced lengthwise.

(3) Pods cut transversely into pieces less than 234 inches in length but not less than 3/4 inch in length, with or without shorter end pieces resulting therefrom.

(4) Pieces of pods of which not less than 75 percent by count are less than 3/4 inch in length and not more than 1 percent by count are more than 14 inches in length.

(5) Any mixture of two or more of the forms specified in subparagraphs (1) to (4), inclusive, of this paragraph.

(b) The following optional ingredients may be used:

(7) Butter in a quantity not less than 3 percent by weight of the finished food. When butter is added, safe and suitable emulsifiers or stabilizers, or both, may be added in a quantity not more than reasonably necessary to accomplish the intended effect. Such emulsifiers and stabilizers are deemed to be safe if they 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. When butter is added, no spice or flavoring simulating the color or flavor imparted by butter is used.

(d) (1) When the optional ingredient specified in paragraph (a)(1) of this section is used, the label shall bear the word "whole." If the pods are packed parallel to the sides of the container, the word "whole" shall be preceded or followed by the words "vertical pack," except that when the pods are cut at both ends and are of substantially equal lengths, the words "asparagus style" may be used in lieu of the words "vertical pack."

(2) When the optional ingredient specified in paragraph (a)(2) of this section is used, the label shall bear the words "sliced lengthwise" or "French style."

(3) When the optional ingredient specified in paragraph (a)(3) of this section is used, the label shall bear the word "cut" or "cuts."

(4) When the optional ingredient specified in paragraph (a) (4) of this section is used, the label shall bear the words "short cut" or "short cuts" or _inch cut" or "____inch cuts," the blank to be filled in with the fraction of an inch which denotes the approximate length of the pieces.

66

(5) When the optional ingredient specified in paragraph (a)(5) of this section is used, the label shall bear the statement "Mixture of______ "the blank to be filled with the combination of the names "whole," "sliced lengthwise," "cut," or "cuts," and "short cut" or "short cuts," designating the optional ingredients present, and arranged in the order of predominance, if any, by weight of such ingredients.

(6) If spice or flavoring is added, the label shall bear the word or words "spiced" or "with added spice" or "spice added" or "with added flavoring" or "flavoring added," as appropriate. In lieu of the words "spice" or "flavoring" in such statement the common or usual name of such spice or flavoring may be used.

(7) If one or more of the optional ingredients named in paragraph (b) (1) through (6) of this section are used, the label shall bear the statement".

added" or "with added

"the blank to be filled in with the name(s) of the ingredient(s) used.

(8) If one or more of the optional seasoning ingredients specified in paragraph (c) 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," "lemon juice," "concentrated lemon juice," "butter," or a combination of these names, as appropriate. The word "dehydrated" may be used in lieu of the word "dried." Any optional ingredient specified in paragraph (c) (7) of this section used in connection with butter shall be designated on the label by its common or usual name.

(e) (1) Wherever the name "green beans" appears on the label so conspicuously as to be easily seen under the customary conditions of purchase, the words and statements prescribed by paragraph (d) (1) through (5) plus (8) of this section (except as to any optional ingredient specified in paragraph (c) (7) of this section used in connection with butter) shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter, except that there may intervene (i) the designation of the length of cut, (ii) the varietal name, which may include the word "stringless," where the beans are in fact stringless, and (iii) the description of the green beans as "stringless," which may also be used between the words "green" and "beans," where the beans are in fact stringless, and if one or more of the optional seasoning ingredients specified in paragraph (c) of this section are used, the word "seasoned" may so intervene.

(2) The words or statements specified in paragraph (d) (6) and (7) of this section, showing the optional ingredients present, and those provided for in paragraph (d) (8) of this section as to any optional ingredient used in connection with butter as specified in paragraph (c) (7) of this section, shall be set forth on the label with such prominence and conspicuousness as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase. If two or more such optional ingredients are present, such statements as are required may be combined; for example, "With added salt, spice, flavoring, and monosodium glutamate."

[33 F.R. 2599, Feb. 6, 1968]

§ 51.11 Canned green beans; quality;

label statement of substandard quality.

The standard of quality of canned green beans is as follows:

(a) When tested by the method prescribed in paragraph (b) of this section:

(1) In the case of cut beans (§ 51.10 (a) (3)) and mixtures of two or more optional forms (§ 51.10(a) (5)), not more than 60 units per 12 ounces drained weight are less than 1⁄2 inch long: Provided, That where the number of units per 12 ounces drained weight exceeds 240, not more than 25 percent by count of the total units are less than 2 inch long.

(2) The trimmed pods contain not more than 25 percent by weight of seed and pieces of seed.

(3) In case there are present pods or pieces of pods 264 inch or more in diameter, there are not more than 12 strings per 12 ounces of drained weight which will support 1⁄2 pound for 5 seconds or longer.

(4) The deseeded pods contain not more than 0.15 percent by weight of fibrous material.

(5) There are not more than 8 percent by count of blemished units. A unit is considered blemished when the aggregate blemished area exceeds the area of a circle 8 inch in diameter.

(6) There are not more than 6 unstemmed units per 12 ounces of drained weight.

(7) The combined weight of loose seed and pieces of seed is not more than 5 percent of the drained weight. This provision does not apply in case the greenbean ingredient is pods sliced lengthwise (§ 51.10 (a) (2)).

(8) The combined weight of leaves, detached stems, and other extraneous vegetable matter is not more than 0.6 ounce per 60 ounces drained weight.

(b) Canned green beans shall be tested by the following method to determine whether they meet the requirements of paragraph (a) of this section.

The

(1) Distribute the contents of the container over the meshes of a circular sieve which has been previously weighed. The diameter of the sieve is 8 inches if the quantity of the contents of the container is less than 3 pounds, and 12 inches if such quantity is 3 pounds or more. bottom of the sieve is woven-wire cloth which complies with the specifications for such cloth set forth under "2380 Micron (No. 8)" in Table I of "Standard Specifications for Sieves," published March 1, 1940, in L. C. 584 of the United States Department of Commerce, National Bureau of Standards. Without shifting the material on the sieve, so incline the sieve as to facilitate drainage.

Two minutes from the time drainage begins, weigh the sieve and the drained material. Record, in ounces, the weight so found, less the weight of the sieve, as the drained weight.

(2) Pour the drained material from the sieve into a flat tray and spread it in a layer of fairly uniform thickness. Count the total number of units. For the purpose of this count, loose seed, pieces of seed, loose stems, and extraneous material are not to be included. Divide the number of units by the drained weight recorded in subparagraph (1) of this paragraph and multiply by 12 to obtain the number of units per 12 ounces drained weight.

(3) Examine the drained material in the tray, counting and recording the number of blemished units, number of unstemmed units, and, in case the material consists of the optional ingredient specified in § 51.10(a) (3) or (a) (5), count and record the number of units which are less than 1⁄2 inch long. If the number of units per 12 ounces is 240 or less, divide the number of units which are less than 1⁄2 inch long by the drained weight recorded in subparagraph (1) of this paragraph and multiply by 12 to obtain the number of such units per 12 ounces drained weight. If the number of units per 12 ounces exceeds 240, divide the number of units less than 1⁄2 inch long by the total number of units and multiply by 100 to determine the percentage by count of the total units which are less than 1⁄2 inch long.

(1) Divide the number of blemished units by the total number of units in the container and multiply by 100 to obtain the percentage by count of blemished units in the container.

(ii) Divide the number of unstemmed units by the drained weight recorded in subparagraph (1) of this paragraph and multiply by 12 to obtain the number of unstemmed units per 12 ounces of drained weight.

(4) Except in the case of pods sliced lengthwise, remove the loose seed and pieces of seed, weigh and record weight and return to tray. Divide the weight of loose seed and pieces of seed by the drained weight recorded in subparagraph (1) of this paragraph and multiply by 100 to obtain the percentage by weight of loose seed and pieces of seed in the drained material.

(5) Remove from the tray the extraneous vegetable material, weigh, record weight, and return to tray.

(6) Remove from the tray one or more representative samples of 32 to 4 ounces, covering each sample as taken to prevent evaporation. If the tray includes pods or pieces of pods 264 inch or more in diameter, weigh and record weight in ounces of each representative sample.

(7) From each representative sample selected in subparagraph (6) of this paragraph discard any loose seed and extraneous vegetable material and detach and discard any attached stems. Except with optional ingredient specified in § 51.10 (a) (2) (pods sliced lengthwise), trim off, as far as the end of the space formerly occupied by the seed, any portion of pods from which seed have become separated. Remove and discard any portions of seed from the trimmings and reserve the trimmings for subparagraph (9) of this paragraph. Weigh and record the weight of the trimmed pods. Deseed the trimmed pods and reserve the deseeded pods for subparagraph (9) of this paragraph. If the original container contained pods 27/64 inch or more in diameter, remove strings from the pods during the deseeding operation. Reserve these strings for testing as prescribed in subparagraph (8) of this paragraph. Collect the seed on a sieve of mesh fine enough to retain them, and so distribute them that any liquid drains away. Weigh the seed, divide by the weight of the trimmed pods, and multiply by 100 to obtain the percentage by weight of seed in the trimmed pods.

In the case of pods sliced lengthwise, remove seed and pieces of seed and reserve the deseeded pods for use as prescribed in subparagraph (9) of this paragraph.

(8) If strings have been removed for testing, as prescribed in subparagraph (7) of this paragraph, test them as follows:

Fasten clamp, weighted to 1⁄2 pound, to one end of the string, grasp the other end with the fingers (a cloth may be used to aid in holding the string), and lift gently. Count the string as tough if it supports the 2-pound weight for at least 5 seconds. If the string breaks before 5 seconds, test such parts into which it breaks as are 1⁄2 inch or more in length and if any such part of the string supports the 2-pound weight for at least 5 seconds count the string as tough. Divide the number of tough strings by the weight of the sample recorded in subparagraph (6) of this paragraph and