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.

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

(b) Monoglycerides or diglycerides of fat-forming fatty acids, or a combination of these, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(c) Such monoglycerides and diglycerides in combination with the sodium sulfo-acetate derivatives thereof, in a total amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(d) A combination of (a) and (b) of this subdivision, in which the amount of neither exceeds that above stated; or

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

The weight of the diglycerides in each of ingredients (b), (c), (d, and (e) of this subdivision is calculated at one-half actual weight.

(vi) Butter. (vii) Salt.

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

(ix) Isopropyl citrates incorporated in the fat or oil ingredient used, in an amount not to exceed 0.02 percent by weight 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.

(xii) Calcium disodium EDTA (calcium disodium ethylenediaminetetraacetate), in an amount not to exceed 75 parts per million 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, 10th edition, 1965, p. 242, sec. 15.132.]

(b) The name of the food for which a definition and standard of identity is prescribed by this section is "oleomargarine" or "margarine." The presence of optional ingredients, provided for in paragraph (a) of this section, in the finished margarine shall be declared as set forth in this paragraph.

(1) Fat ingredients shall be declared first in the ingredient statement by the name of the specific fat or oil or stearin used. Where combinations of fat ingredients are used, the names shall be arranged in order of decreasing predominance. If any fat ingredient is hydrogenated, the ingredient statement shall include the word "hydrogenated" or "hardened" at such place or places in the list of fats as to indicate which fats are hydrogenated; for example, “corn oil, hardened soybean oil."

(2) Immediately following the listing of fat ingredients, other optional ingredients used shall be named in the order of decreasing predominance.

(1) The optional ingredients butter, salt, water, cream, milk, skim milk, sweet cream buttermilk, dried sweet cream buttermilk and water, condensed sweet cream buttermilk and water, nonfat dry milk and water, ground soybeans and water, lecithin, mono- or diglycerides, sodium sulfo-acetate derivatives of mono- or diglycerides shall each be declared by those terms.

(ii) Artificial colors shall be declared by the statement "Artificially colored" or "Artificial coloring added" or "With added artificial coloring."

(iii) Artificial flavors shall be declared by the statement "Artificially flavored" or "Artificial flavoring added" or "With added artificial flavoring."

of the statements in this subdivision is filled in with the common name of the preservative ingredient used.

(v) Vitamin A shall be declared by the statement "Vitamin A added" or "With added vitamin A." Vitamin D shall be declared by the statement "Vitamin D Added" or "With added vitamin D." Margarine containing added vitamin A, vitamin D, or both, is subject to the regulations for foods for special dietary use promulgated under the provisions of section 403 (j) of the act.

(vi) Where two or more optional ingredients named in paragraph (a)(3) 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.

(3) 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.

(Secs. 401, 701, 52 Stat. 1046, as amended, 1055, as amended; 21 U.S.C. 341, 371) [20 FR. 9615, Dec. 20, 1955, as amended at 28 F.R. 7478, July 28, 1963; 29 F.R. 2883, Feb. 12, 1964; 81 F.R. 5433, Apr. 6, 1966; 33 F.R. 17752, Nov. 28, 1968]

§ 45.2 Liquid

oleomargarine, liquid margarine; identity; label statement of optional ingredients.

(a) Liquid oleomargarine, liquid margarine conforms to the definition and standard of identity and to the requirements for label declaration of optional ingredients prescribed for oleomargarine by § 45.1, except that it is in liquid rather than plastic form.

(b) The name of the food for which a definition and standard of identity is prescribed by this section is "liquid oleomargarine" or "liquid margarine." (Secs. 401, 701, 52 Stat. 1046, 1055 as amended, 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 871) [31 FR. 5484, Apr. 6, 1966]

may be added safe and suitable seasoning and stabilizing ingredients provided for by paragraph (c) of this section, but such seasoning and stabilizing ingredients do not in the aggregate exceed 10 percent of the weight of the finished food. To the ground peanuts, cut or chopped, shelled, and roasted peanuts may be added. During processing, the oil content of the peanut ingredient may be adjusted by the addition or subtraction of peanut oil. The fat content of the finished food shall not exceed 55 percent when determined as prescribed in section 25.004 Crude Fat-Official, First Action, paragraph (a) Direct method, in “Official Methods of Analysis of the Association of Official Agricultural Chemists," 10th Edition, page 412.

(b) The peanut ingredients referred to in paragraph (a) of this section are: (1) Blanched peanuts, in which the Ferm may or may not be included.

(2) Unblanched peanuts, including the skins and germ.

(c) The seasoning and stabilizing ingredients referred to in paragraph (a) of this section are suitable substances which 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. Seasoning and stabilizing ingredients that perform a useful function are regarded as suitable, except that artificial flavorings, artificial sweeteners, chemical preservatives, added vitamins, and color additives are not suitable ingredients of peanut butter. Oil products used as optional stabilizing ingredients shall be hydrogenated vegetable oils. For the purposes of this section, hydrogenated vegetable oil shall be considered to include partially hydrogenated vegetable oil.

(d) If peanut butter is prepared from unblanched peanuts as specified in paragraph (b) (2) of this section, the name shall show that fact by some such statement as "prepared from unblanched peanuts (skins left on)." Such statement shall appear prominently and conspicuously and shall be in type of the same style and not less than half of the point size of that used for the words "peanut butter." This statement shall immediately precede or follow the words "peanut butter," without intervening written, printed, or graphic matter.

(e) (1) The label of peanut butter shall name, by their common names, the optional ingredients used, as provided in paragraph (c) of this section. If hydrogenated vegetable oil is used, the label statement of optional ingredients shall include the words "hydrogenated

oil" or "hardened

oil," the blank being filled in either with the names of the vegetable sources of the oil or, alternatively, with the word "vegetable”; for example, “hydrogenated peanut oil" or "hardened peanut and cottonseed oils" or "hydrogenated vegetable oil."

(Secs. 401, 701, 52 Stat. 1046, 1055, as amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) [33 F.R. 10510, July 24, 1968]

NOTE: The provisions of § 46.1 were stayed in their entirety at 38 FR. 16333, Nov. 7, 1968.

51.10 Canned green beans; identity; label statement of optional ingredients. 51.11 Canned green beans; quality; label statement of substandard quality. 51.15 Canned wax beans; identity; label statement of optional ingredients. 51.16 Canned wax beans; quality; label statement of substandard quality. CANNED CORN

51.20 Canned corn, canned sweet corn, canned sugar corn; identity; label statement of optional ingredients. 51.21 Canned corn, canned sweet corn, canned sugar corn; quality; label statement of substandard quality. 51.22 Canned corn, canned sweet corn, canned sugar corn where the corn ingredient is in one of the forms known as fritter corn, ground corn, or cream-style corn; fill of container; label statement of substandard fill.

51.30 Canned field corn; identity; label statement of optional ingredients. 51.32 Canned field corn where the corn ingredient is in one of the forms known as fritter field corn, ground field corn, or cream-style field corn; All of container; label statement of substandard fill.

Sec.

CANNED MUSHROOMS

51.503 Canned mushrooms; fill of container; label statement of substandard fll.

CANNED VEGETABLES OTHER THAN THOSE SPECIFICALLY REGULATED

51.990

Canned vegetables other than those specifically regulated; identity; label statement of optional ingredients.

AUTHORITY: The provisions of this Part 51 issued under secs. 401, 701, 52 Stat. 1046, as amended, 1055, as amended; 21 U.S.C. 841, 871.

§ 51.1 Canned peas; identity; label statement of optional ingredients.

(a) Canned peas is the food prepared from one of the optional pea ingredients specified in this paragraph 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 optional pea ingredients are:

(1) Shelled, succulent peas (Pisum sativum) of Alaska or other smooth skin varieties.

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

(3) Shelled, dried peas (Pisum sativum) of Alaska or other smooth skin varieties.

(4) Shelled, dried peas (Pisum sativum) of sweet, wrinkled varieties. (b) The following optional ingredients may be used:

(1) Salt.

(2) Monosodium glutamate.

(3) Disodium inosinate complying with the provisions of § 121.1090 of this chapter.

(4) Disodium guanylate complying with the provisions of § 121.1109 of this chapter.

(5) Hydrolyzed vegetable protein.
(6) Autolyzed yeast extract.
(7) Sugar.

(8) Dextrose. (9) Spice.

(10) Flavoring (except artificial).
(11) Artificial coloring.

(12) If the optional pea ingredient specified in paragraph (a) (1) or (2) of this section is used: Sodium carbonate, sodium bicarbonate, sodium hydroxide, calcium hydroxide, magnesium hydroxide, magnesium oxide, or magnesium

carbonate or any mixture or combination of these in such quantity that the pH of the finished canned peas is not more than 8, as determined by the glass electrode method for the hydrogen ion concentration.

(c) 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.

(6) Lemon juice or concentrated lemon juice.

(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 Comestic 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, flavoring, or coloring simulating the flavor or color imparted by butter is used.

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

(2) 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 word "spice" or "flavoring” in such statement, the common or usual name of such spice or flavoring may be used.

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

(4) 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.

(5) If one or more of the optional ingredients named in paragraph (b) (12) of this section are 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."

(6) 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.

66

(e) (1) Wherever the name "peas" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements specified in paragraph (d) (1) and (4) of this section, showing the optional ingredients present (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 the specified varietal name of the peas may so intervene, 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) (2), (5), and (6) of this section, showing the optional ingredients present, and those provided for in paragraph (d) (4) 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. 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 16 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