sirup in which the weight of the solids of the corn sirup or glucose sirup used is not more than one-third the weight of the solids of the sugar or invert sugar sirup used; or any combination of sugar or invert sugar sirup, dextrose, and corn sirup or glucose sirup in which twice the weight of the solids of the dextrose used added to three times the weight of the solids of the corn sirup or glucose sirup used is not more than the weight of the solids of the sugar or invert sugar sirup used; except that packing media (1) (vii) to (x), inclusive, are not prepared with any invert sugar sirup or with any corn sirup other than dried corn sirup or with any glucose sirup other than dried glucose sirup. A packing medium prepared with cherry juice and any invert sugar sirup or corn sirup other than dried corn sirup or glucose sirup other than dried glucose sirup is considered to be prepared with water as the liquid ingredient.

(3) The respective densities of packing media (1) (iii) to (x), inclusive, as measured on the Brix hydrometer 15 days or more after the cherries are canned, are within the range prescribed for each in the following list:

below after the number of such subparagraph:

(1) "Spiced" or "Spice Added" or "With Added Spice," or, in lieu of the word "Spice," the common name of the spice.

(2) "Flavoring Added" or "With Added Flavoring," or, in lieu of the word "Flavoring," the common name of the flavoring.

(3) "Seasoned with Vinegar" or "Seasoned with Vinegar," the blank being filled in with the word showing the kind of vinegar used. When two or all of the optional ingredients specified in paragraph (a) (1), (2), and (3) of this section are used, such words may be combined, as for example, "Seasoned with Cider Vinegar, Cloves, and Cinnamon Oil."

(e) Wherever the name "cherries" appears on the label so conspicuously as to be easily seen under the customary conditions of purchase, the words specified in this section showing the optional ingredients used, shall immediately and conspicuously precede or follow such name without intervening written, printed, or graphic matter except that the specific varietal name of the cherries may so intervene.

§ 27.31

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

(1) In the case of pitted cherries, not more than 1 pit is present in each 20 ounces of canned cherries, as determined by the method prescribed in paragraph (b)(1) of this section.

(2) In the case of unpitted cherries, the weight of each cherry in the container is not less than 10 ounce.

(3) In the case of unpitted cherries, the weight of the largest cherry in the container is not more than twice the weight of the smallest cherry therein.

(4) In the case of unpitted cherries, the total weight of pits is not more than 12 percent of the weight of drained cherries, as determined by the method prescribed in paragraph (b) (2) of this section.

(5) Not more than 15 percent by count of the cherries in the container are blemished with scab, hail injury, discoloration, scar tissue, or other abnormality. A unit showing skin discloration having

an aggregate area not exceeding that of a circle 16 inch in diameter and not extending into the fruit tissue shall not be considered as blemished.

(b) (1) Pitted canned cherries shall be tested by the following method to determine whether or not they comply with the requirements of paragraph (a)(1) of this section: Take at random such number of containers as to have a total quantity of contents of at least 24 pounds. Open the containers and weigh the contents. Count the pits and pieces of pit shell in such total quantity. Count a piece of pit shell equal to or smaller than one-half pit shell as one-half pit, and a piece of pit shell larger than one-half pit shell as one pit; but when two or more pieces of pit shell are within or attached to a single cherry, count such pieces as one-half pit if their combined size is equivalent to that of one-half pit shell or less, and as one pit if their combined size is equivalent to that of more than onehalf pit shell. From the total number of pits so counted and the combined weight of the contents of all the containers, calculate the number of pits present in each 20 ounces of canned cherries.

(2) Unpitted canned cherries shall be tested by the following method to determine whether or not they comply with the requirements of paragraph (a) (4) of this section: 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 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 bottom of the sieve is 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. Without shifting the cherries, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, weigh the sieve and drained cherries. The weight so found, less the weight of the sieve, shall be considered to be the weight of drained cherries. Pit the cherries and wash the pits free from adhering flesh. Drain and weigh the pits by the method prescribed

above. Divide the weight of pits so found by the weight of drained cherries, and multiply by 100.

(c) If the quality of canned cherries 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, 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 cherries fail to meet, as follows: (1) "Partially Pitted"; (2) "Small"; (3) "Mixed Sizes"; (4) "Thin Fleshed"; (5) "Blemished." Such alternative statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name "Cherries" and any words and statements required or authorized to appear with such name by § 27.30 (b). § 27.32

Canned cherries; fill of container; label statement of substandard fill.

(a) The standard of fill of container for canned cherries is the maximum quantity of the optional cherry ingredient that can be sealed in the container and processed by heat to prevent spoilage, without crushing such ingredient.

(b) If canned cherries 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.

§ 27.33 Canned cherries with rum; identity; label statement of optional ingredients.

Canned cherries with rum conforms to the definition and standard of identity, and is subject to the requirements for label statement of optional ingredients, prescribed for canned cherries by § 27.30, except that it contains added rum in such amount that its alcohol content is more than 3 percent but less than 5 percent by weight.

§ 27.34 Artificially sweetened canned cherries; identity; label statement of optional ingredients.

(a) Artificially sweetened canned cherries is the food which conforms to the definition and standard of identity prescribed for canned cherries by § 27.30, except that in lieu of a packing medium specified in § 27.30 (c), the packing medium used is water artificially sweetened with saccharin, sodium saccharin, or a combination of both. Such packing medium may be thickened with pectin and may contain any mixture of any edible organic salt or salts and any edible organic acid or acids as a flavor-enhancing agent, in a quantity not more than is reasonably required for that purpose.

(b) (1) The specified name of the food is "artificially sweetened

the

blank being filled in with the name prescribed by § 27.30 for canned cherries having the same optional cherry ingredient.

(2) The artificially sweetened food is subject to the requirements for label statement of optional ingredients used, as prescribed for canned cherries by § 27.30. If the packing medium is thickened with pectin, the label shall bear the statement "thickened with pectin." When any organic salt or acid or any mixture of two or more of these is added, the label shall bear the common or usual name of each such ingredient.

[24 F.R. 10663, Dec. 24, 1959, as amended at 32 F.R. 12603, Aug. 31, 1967; 35 F.R. 11178, July 11, 1970]

§ 27.35 Canned berries; identity; label

statement of optional ingredients.

(a) The canned berries for which definitions and standards of identity are prescribed by this section are the foods each of which is prepared from one of the optional berry ingredients specified in paragraph (b) of this section and one of the optional packing media specified in paragraph (c) of this section. Such food is sealed in a container. It is so processed by heat as to prevent spoilage.

(b) The optional berry ingredients referred to in paragraph (a) of this section are prepared from stemmed fruit of the following varieties:

Blackberries. Blueberries. Boysenberries.

Dewberries.

Gooseberries.

Huckleberries.

Loganberries. Black raspberries. Red raspberries. Strawberries. Youngberries.

The fruit of each such variety is an optional berry ingredient.

(c) (1) The optional packing media referred to in paragraph (a) of this section are as follows: (1) Water.

(ii) Berry juice.

(iii) Slightly sweetened water.
(iv) Light sirup.

(v) Heavy sirup.

(vi) Extra heavy sirup.

(vii) Slightly sweetened berry juice.
(viii) Light berry juice sirup.
(ix) Heavy berry juice sirup.

(x) Extra heavy berry juice sirup.

As used in this section, the term "berry juice" means the fresh or canned expressed juice of berries of the same variety as the optional berry ingredient, and the term "water" means, in addition to water, any mixture of water and berry juice.

(2) Each of packing media in subparagraph (1) (iii) to (x), inclusive, of this paragraph is prepared with a liquid ingredient and a saccharine ingredient. Water is the liquid ingredient from which packing media in subparagraph (1) (iii) to (vi) of this paragraph, inclusive, are prepared, and berry juice is the liquid ingredient from which packing media in subparagraph (1) (vii) to (x) of this paragraph, inclusive, are prepared. The saccharine ingredient from which packing media in subparagraph (1) (iii) to (x) of this paragraph, inclusive, are prepared is one of the optional saccharine ingredients specified in paragraph (d) of this section. Where the saccharine ingredient used adds water to the packing medium, as it will if it includes invert sugar sirup, corn sirup, or glucose sirup other than such sirups in dried form, the packing medium shall be considered to be one of those designated in subparagraph (1) (iii) to (vi) of this paragraph and not a berry juice packing medium as designated in subparagraph (1) (vii) to (x) of this paragraph.

(3) The respective densities of packing media in subparagraph (1) (iii) to (x), inclusive, of this paragraph as measured

(d) The optional saccharine ingredients referred to in paragraph (c) of this section are:

(1) Sugar.

(2) Invert sugar sirup.

(3) Any mixture of sugar and invert sugar sirup.

(4) Any of the optional saccharine ingredients in subparagraphs (1), (2), and (3) of this paragraph with dextrose, provided that the weight of the solids of the dextrose does not exceed onethird of the total weight of the solids of the combined saccharine ingredients.

(5) Any of the optional saccharine ingredients in subparagraphs (1), (2), and (3) of this paragraph with corn sirup or glucose sirup or such sirups in dried form, or any two or more of such sirups or dried sirups, provided the weight of the solids of such sirups or dried sirups used does not exceed one-fourth of the total weight of the solids of the combined saccharine ingredients.

(6) Any mixture of the optional saccharine ingredients in subparagraphs (4) and (5) of this paragraph.

(e) The label shall bear the name of the optional berry ingredient used, as specified in paragraph (b) of this section, and the name whereby the optional packing medium used is designated in paragraph (c) of this section, preceded by "in" or "packed in."

(f) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statements

specified in this section, showing the optional ingredients used, shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter, except that the specific varietal name of the berries may so intervene.

[25 F.R. 6965, July 22, 1960; 25 F.R. 8769, Sept. 18, 1960]

§ 27.40 Canned fruit cocktail, canned cocktail fruits, canned fruits for cocktail; identity; label statement of optional ingredients.

(a) Canned fruit cocktail, canned cocktail fruits, canned fruits for cocktail, is the food prepared from the mixture of fruit ingredients prescribed in paragraph (b) of this section, in the forms and proportions therein prescribed, and one of the optional packing media specified in paragraph (c) of this section. It is sealed in a container and is so processed by heat as to prevent spoilage.

(b) The fruit ingredients referred to in paragraph (a) of this section, the forms of each, and the percent by weight of each in the mixture of drained fruit from the finished canned fruit cocktail are as follows:

(1) Peaches of any yellow variety, which are pitted, peeled, and diced, not less than 30 percent and not more than 50 percent.

(2) Pears of any variety, which are peeled, cored, and diced, not less than 25 percent and not more than 45 percent.

(3) Whole grapes of any seedless variety, not less than 6 percent and not more than 20 percent.

(4) Pineapples of any variety, which are peeled, cored, and cut into sectors or into dice, not less than 6 percent and not more than 16 percent. And

(5) One of the following optional cherry ingredients, each of which is stemmed, pitted, and cut into approximate halves, not less than 2 percent and not more than 6 percent.

(i) Cherries of any light, sweet variety;

or

(ii) Cherries artificially colored red;

(iii) Cherries artificially colored red and artificially flavored.

Each such fruit ingredient is prepared from mature fruit which is fresh or canned. Notwithstanding the preceding provisions of this paragraph, each 42 ounces avoirdupois of the finished canned fruit cocktail and each fraction thereof greater than 2 ounces avoirdupois contain not less than 2 sectors or 3 dice of pineapple and not less than 1 approximate half of the optional cherry ingredient.

(c) (1) The optional packing media referred to in paragraph (a) of this section are as follows:

(i) Water.

(ii) Fruit juice.

(iii) Slightly sweetened water.
(iv) Light sirup.

(v) Heavy sirup.

(vi) Extra heavy sirup.
(vii) Light fruit juice sirup.
(viii) Heavy fruit juice sirup.

(ix) Extra heavy fruit juice sirup. (2) Each of packing media in subparagraph (1) (iii), (iv), (v), and (vi) of this paragraph is prepared with water as its liquid ingredient, and each packing media in subparagraph (1) (vii), (viii), and (ix) of this paragraph is prepared with fruit juice as its liquid ingredient. Except as provided in paragraph (d) (3) of this section, each of the packing media in subparagraph (1) (iii) to (ix) in this paragraph, inclusive, is prepared with any one of the following saccharine ingredients; Sugar; invert sugar sirup; any combination of sugar or invert sugar sirup and dextrose in which the weight of the solids of the dextrose used is not more than one-half the weight of the solids of the sugar or invert sugar sirup used; any combination of sugar or invert sugar sirup and corn sirup or glucose

sirup in which the weight of the solids of the corn sirup or glucose sirup used is not more than one-third the weight of the solids of the sugar or invert sugar sirup used; or any combination of sugar or invert sugar sirup, dextrose, and corn sirup or glucose sirup in which the weight of the solids of the dextrose used multiplied by two, added to the weight of the solids of the corn sirup or the glucose sirup used multiplied by three, is not more than the weight of the solids of the sugar or invert sugar sirup used. The respective densities of packing media in subparagraph (1) (iii) to (ix) of this paragraph, inclusive, as measured on the Brix hydrometer 15 days or more after the fruit cocktail is canned are within the range prescribed for each in the following list:

(1) (v) and (viii) -- 18° or more but less than 22°.

(1) (vi) and (ix) -- 22° or more but not more than 35°.

(d) For the purposes of this section: (1) The term "water" means, in addition to water, both the liquid drained from any fruit ingredient previously canned in water as its sole packing medium and any mixture of water and fruit juice, including the liquid drained from any fruit ingredient previously canned in such mixture.

(2) The term "fruit juice" means the fresh or canned, expressed juice or juices of one or more of the mature fruits named in paragraph (b) of this section including the liquid drained from any fruit ingredient previously canned in such juice or juices as its sole packing medium, to which no water has been added, directly or indirectly. Fruit juice may be strained or filtered.

(3) When the optional packing medium is prepared with fruit juice and invert sugar sirup or corn sirup other than dried corn sirup or glucose sirup other than dried glucose sirup, it shall be considered to be light sirup, heavy sirup, or an extra heavy sirup, as the case may be, and not a light fruit juice sirup, heavy fruit juice sirup, or an extra heavy fruit juice sirup.

(4) The term "light sirup," "heavy sirup," or "extra heavy sirup" includes a sirup which conforms in all other respects to the provisions of this section,