terial from canning and from partial extraction of juice,” as the case may be.

(2) The name specified for the food covered by this section is "tomato puree" or alternatively "tomato pulp"; however, if the only optional tomato ingredient used is the ingredient specified in paragraph (a) (1) of this section and the food contains not less than 20.0 percent of natural tomato soluble solids, the name "concentrated tomato juice" may be used in lieu of the names "tomato puree" or "tomato pulp.”

(3) Wherever the name "tomato puree” or “tomato pulp" 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. 9628, Dec. 20, 1955, as amended at 25 FR. 1687, Feb. 26, 1960; 34 F.R. 18420, Nov. 19, 1969]

§ 53.30 Tomato paste; identity; label statement of optional ingredients.

(a) Tomato paste is the food prepared from one or any combination of two or all of the following optional ingredients:

(1) The liquid obtained from mature tomatoes of red or reddish varieties.

(2) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.

(3) The liquid obtained from the residue from partial extraction of juice from such tomatoes.

Such liquid is obtained by so straining such tomatoes or residue, with or without heating, as to exclude skins, seeds, and other coarse or hard substances. It is concentrated, and may be seasoned with one or more of the optional ingredients:

(4) Salt.
(5) Spice.

(6) Flavoring.

It may contain, in such quantity as neutralizes a part of the tomato acids, the optional ingredient:

(7) Baking soda.

When sealed in a container it is so processed by heat, before or after sealing, as to prevent spoilage. It contains not less

than 24.0 percent of natural tomato soluble solids as determined by the following method: 1 Determine the refractive index of the clear serum obtained from the product, corrected for temperature, converting the resultant index to "% Sucrose" in accordance with the "International Scale of Refractive Indices of Sucrose at 20° C.," pages 828-30, Reference Tables 43.008 and 43.009 of the book "Official Methods of Analysis of the Association of Official Agricultural Chemists," 10th edition, 1965. If no salt has been added, this percent sucrose from the reference table shall be considered the percent of natural tomato soluble solids. If salt has been added, determine the percent of sodium chloride by the method prescribed on page 519, section 30.009, under "Sodium Chloride-Official," of said book. Subtract the percent of sodium chloride found from the percent of total soluble solids found and multiply the difference by 1.016. The product shall be considered the percent of natural tomato soluble solids.

(b) When optional ingredient specifled in paragraph (a) (2) of this section is present, in whole or in part, the label shall bear the statement "Made From (or "Made in Part From

"

as the case may be) "Residual Tomato Material From Canning." When optional ingredient specified in paragraph (a) (3) of this section is present, in whole or in part, the label shall bear the statement "Made From ." (or "Made in Part From "as the case may be) "Residual Tomato Material From Partial Extraction of Juice." If both such ingredients are present, such statements may be combined in the statement "Made From ----” (or “Made in Part From as the case may be) "Residual Tomato Material From Canning and From Partial Extraction of Juice." When optional ingredient specified in paragraph (a) (5) or (6) of this section is present the label shall bear the statement or statements, "Spice Added" or "With Added Spice," "Flavoring Added" or "With Added Flavoring," as the case may be. When optional ingredient specified in paragraph (a) (7) of this section is present, the label shall bear the statement "Baking Soda Added." If two or all of the optional ingredients specified in paragraph (a) (5), (6), and (7), of

1 See footnote 1 on page 393.

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 84 FR. 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. The tomatoes 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. 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 of this chapter.

(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 in no case such that the amount of the calcium added thereby is more than 0.026 percent of the weight of the finished canned tomatoes.

(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.

86-041 0-7026

It is sealed in a container and so processed by heat as to prevent spoilage.

(b) 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 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

"

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 66 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" or "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.

(c) (1) When the tomatoes are not peeled, the name of the food is "Unpeeled Tomatoes," and wherever this name appears on the label the words "Unpeeled" and "Tomatoes" shall be displayed together and with equal prominence and conspicuousness.

(2) Statements of optional ingredients present as specified in paragraph (b) 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.

[31 F.R. 10676, Aug. 11, 1966, as amended at 31 F.R. 16266, Dec. 20, 1966]

§ 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:

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

(ii) Yellow-Munsell 2.5 YR 5/12 (glossy finish).

(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 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 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 numbers of such clauses. Such alternative 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]

AUTHORITY: The provisions of this Part 85 issued under sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. 871.

SOURCE: The provisions of this Part 85 appear at 20 FR. 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 filled 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.

§ 85.3 Inspection periods.

(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 in

spection 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