This electronic document was downloaded from the GPO web site, November 2003,
and is provided for information purposes only. The Code of Federal Regulations,
Title 21, is updated April 1 of each year.
The most current version of the regulations may be found at the
GPO web site.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161]
[Page 493]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart A--General Provisions
Sec.
161.30 Declaration of quantity of contents on labels for canned
oysters.
Subpart B--Requirements for Specific Standardized Fish and Shellfish
161.130 Oysters.
161.136 Olympia oysters.
161.145 Canned oysters.
161.170 Canned Pacific salmon.
161.173 Canned wet pack shrimp in transparent or nontransparent
containers.
161.175 Frozen raw breaded shrimp.
161.176 Frozen raw lightly breaded shrimp.
161.190 Canned tuna.
Authority: 21 U.S.C. 321, 341, 343, 348, 371, 379e.
Source: 42 FR 14464, Mar. 15, 1977, unless otherwise noted.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.30]
[Page 493]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart A--General Provisions
Sec. 161.30 Declaration of quantity of contents on labels for canned oysters.
(a) For many years packers of canned oysters in the Gulf area of the
United States have labeled their output with a declaration of the
drained weight of oysters in the containers. Packers in other areas have
marketed canned oysters with a declaration of the total weight of the
contents of the container. Investigation reveals that under present-day
practice consumers generally do not discard the liquid packing medium,
but use it as a part of the food. Section 403(e)(2) of the Federal Food,
Drug, and Cosmetic Act and the regulations thereunder require food in
package form to bear an accurate label statement of the quantity of food
in the container.
(b) It is concluded that compliance with the label declaration of
quantity of contents requirement will be met by an accurate declaration
of the total weight of the contents of the can. The requirements of
Sec. 161.145(c), establishing a standard of fill of container for canned
oysters and specifying the statement of substandard fill for those
canned oysters failing to meet that standard remain unaffected by this
interpretation.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.130]
[Page 493-494]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.130 Oysters.
(a) Oysters, raw oysters, shucked oysters, are the class of foods
each of which is obtained by shucking shell oysters and preparing them
in accordance with the procedure prescribed in paragraph (b) of this
section. The name of each such food is the name specified in the
applicable definition and standard of identity prescribed in
Secs. 161.131 to 161.140, inclusive.
(b) If water, or salt water containing less than 0.75 percent salt,
is used in any vessel into which the oysters are shucked the combined
volume of oysters and liquid when such oysters are emptied from such
vessel is not less than four times the volume of such
[[Page 494]]
water or salt water. Any liquid accumulated with the oysters is removed.
The oysters are washed, by blowing or otherwise, in water or salt water,
or both. The total time that the oysters are in contact with water or
salt water after leaving the shucker, including the time of washing,
rinsing, and any other contact with water or salt water is not more than
30 minutes. In computing the time of contact with water or salt water,
the length of time that oysters are in contact with water or salt water
that is agitated by blowing or otherwise, shall be calculated at twice
its actual length. Any period of time that oysters are in contact with
salt water containing not less than 0.75 percent salt before contact
with oysters, shall not be included in computing the time that the
oysters are in contact with water or salt water. Before packing into the
containers for shipment or other delivery for consumption the oysters
are thoroughly drained and are packed without any added substance.
(c) For the purposes of this section:
(1) Shell oysters means live oysters of any of the species, Ostrea
virginica, Ostrea gigas, Ostrea lurida, in the shell, which, after
removal from their beds, have not been floated or otherwise held under
conditions which result in the addition of water.
(2) Thoroughly drained means one of the following:
(i) The oysters are drained on a strainer or skimmer which has an
area of not less than 300 square inches per gallon of oysters, drained,
and has perforations of at least \1/4\ of an inch in diameter and not
more than 1\1/4\ inches apart, or perforations of equivalent areas and
distribution. The oysters are distributed evenly over the draining
surface of the skimmer and drained for not less than 5 minutes; or
(ii) The oysters are drained by any method other than that
prescribed by paragraph (c)(2)(i) of this section whereby liquid from
the oysters is removed so that when the oysters are tested within 15
minutes after packing by draining a representative gallon of oysters on
a skimmer of the dimensions and in the manner described in paragraph
(c)(2)(i) of this section for 2 minutes, not more than 5 percent of
liquid by weight is removed by such draining.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.136]
[Page 494]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.136 Olympia oysters.
Olympia oysters, raw Olympia oysters, shucked Olympia oysters, are
of the species Ostrea lurida and conform to the definition and standard
of identity prescribed for oysters in Sec. 161.130.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.145]
[Page 494-495]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.145 Canned oysters.
(a) Identity. (1) Canned oysters is the food prepared from one or
any mixture of two or all of the forms of oysters specified in paragraph
(a)(2) of this section, and a packing medium of water, or the watery
liquid draining from oysters before or during processing, or a mixture
of such liquid and water. The food may be seasoned with salt. It is
sealed in containers and so processed by heat as to prevent spoilage.
(2) The forms of oysters referred to in paragraph (a)(1) of this
section are prepared from oysters which have been removed from their
shells and washed and which may be steamed while in the shell or steamed
or blanched or both after removal therefrom, and are as follows:
(i) Whole oysters with such broken pieces of oysters as normally
occur in removing oysters from their shells, washing, and packing.
(ii) Pieces of oysters obtained by segregating pieces of oysters
broken in shucking, washing, or packing whole oysters.
(iii) Cut oysters obtained by cutting whole oysters.
(3)(i) When the form of oysters specified in paragraph (a)(2)(i) of
this section is used, the name of the food is "Oysters" or "Cove
oysters", if of the species Ostrea virginica; "Oysters" or "Pacific
oysters", if of the species Ostrea gigas; "Oysters" or "Olympia
oysters", if of the species Ostrea lurida.
(ii) When the form of oysters specified in paragraph (a)(2)(ii) of
this section is used, the name of the food is "Pieces of ------", the
blank being filled in with the name "Oysters" or "Cove oysters", if
of the species Ostrea virginica; "Oysters" or "Pacific oysters", if
of the species Ostrea gigas; "Oysters" or "Olympia oysters", if of
the species Ostrea lurida.
[[Page 495]]
(iii) When the form of oysters specified in paragraph (a)(2)(iii) of
this section is used, the name of the food is "Cut ------, the blank
being filled in with the name "Oysters" or "Cove oysters", if of the
species Ostrea virginica; "Oysters" or "Pacific oysters", if of the
species Ostrea gigas; "Oysters" or "Olympia oysters", if of the
species Ostrea lurida.
(iv) In case a mixture of two or all such forms of oysters is used,
the name is a combination of the names specified in this paragraph
(a)(3) of the forms of oysters used, arranged in order of their
predominance by weight.
(4) Label declaration. Each of the ingredients used in the food
shall be declared on the label as required by the applicable sections of
parts 101 and 130 of this chapter.
(b) [Reserved]
(c) Fill of container. (1) The standard of fill of container for
canned oysters is a fill such that the drained weight of oysters taken
from each container is not less than 59 percent of the water capacity of
the container.
(2) Water capacity of containers is determined by the general method
provided in Sec. 130.12(a) of this chapter.
(3) Drained weight is determined by the following method: Keep the
un-opened canned oyster container at a temperature of not less than
68 deg. or more than 95 deg.Fahrenheit for at least 12 hours
immediately preceding the determination. After opening, tilt the
container so as to distribute its contents evenly 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.
The bottom of the sieve is woven-wire cloth that complies with the
specifications for such cloth set forth under "2.38 mm (No. 8)" in
"Official Methods of Analysis of the Association of Official Analytical
Chemists," 13th Ed. (1980), Table 1, "Nominal Dimensions of Standard
Test Sieves (U.S.A. Standard Series)," under the heading "Definitions
of Terms and Explanatory Notes," which is incorporated by reference.
Copies may be obtained from the Association of Official Analytical
Chemists International, 481 North Frederick Ave., suite 500,
Gaithersburg, MD 20877-2504, or may be examined at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC. 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 oysters. The weight so found, less the weight
of the sieve, shall be considered to be the drained weight of the
oysters.
(4) If canned oysters 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 Sec. 130.14(b) of
this chapter in the manner and form therein specified, followed by the
statement, "A can of this size should contain ------ oz. of oysters.
This can contains only ------ oz.", the blanks being filled in with the
applicable figures.
[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11832, Mar. 19, 1982;
49 FR 10102, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2884, Jan.
6, 1993; 63 FR 14035, Mar. 24, 1998]
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.170]
[Page 495-497]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.170 Canned Pacific salmon.
(a) Identity. (1) Canned Pacific salmon is the food prepared from
one of the species of fish enumerated in paragraph (a)(2) of this
section, prepared in one of the forms of pack specified in paragraph
(a)(3) of this section, and to which may be added one or more of the
optional ingredients specified in paragraph (a)(4) of this section. The
food is packed in hermetically sealed containers and so processed by
heat as to prevent spoilage and soften bones. The food is labeled in
accordance with paragraph (a)(5) of this section.
(2)(i) The species of fish which may be used in this food are:
Oncorhynchus tshawytscha.................. Chinook, king, spring.
Oncorhynchus nerka........................ Blueback, red, sockeye
Oncorhynchus kisutch...................... Coho, Cohoe, medium red,
silver
Oncorhynchus gorbuscha.................... Pink
Oncorhynchus keta......................... Chum, keta
Oncorhynchus masou........................ Masou, cherry
(ii) For the purpose of paragraph (a)(5)(i) of this section, the
common or usual name or names of each species of fish enumerated in
paragraph (a)(2)(i)
[[Page 496]]
of this section is (are) the name(s) immediately following the
scientific name of each species.
(3) The optional forms of canned Pacific salmon are processed from
fish prepared by removing the head, gills, and tail, and the viscera,
blood, fins, and damaged or discolored flesh to the greatest extent
practicable in accordance with good manufacturing practice; and then
washing. Canned Pacific salmon is prepared in one of the following forms
of pack:
(i) "Regular" consists of sections or steaks which are cut
transversely from the fish and filled vertically into the can. In
preparation, segments of skin or large backbone may be removed. The
sections or steaks are so packed that the cut surfaces approximately
parallel the ends of the container. A small portion of salmon may be
added if necessary to complete the fill of the container.
(ii) "Skinless and backbone removed" consists of the regular form
of canned salmon set forth in paragraph (a)(3)(i) of this section from
which the skin and vertebrae have been removed in accordance with good
manufacturing practices.
(iii) "Minced salmon" consists of salmon which has been minced or
ground.
(iv) "Salmon tips or tidbits" consists of small pieces of salmon.
(v) "No salt added" consists of canned salmon to which no salt has
been added.
(4) One or more of the following optional ingredients may be added
to the food:
(i) Salt.
(ii) Edible salmon oil comparable in color, viscosity, and flavor to
the oil which would occur naturally in the species of salmon canned.
(5)(i) The name of the food is "salmon" together with the common
or usual name or names of the species. At least one species name shall
be printed in letters of the same style of type and not less in height
than those used for the word "salmon".
(ii)(a) Whenever the form of pack is that described in paragraph
(a)(3) (ii), (iii), or (iv) of this section, the word or words
describing the form of pack shall immediately precede or follow the name
of the food without intervening written, printed, or graphic matter in
the manner prescribed in Sec. 101.3(c) of this chapter; for example,
"red salmon" as the name of the food followed by "skinless and
backbone removed".
(b) Whenever the form of pack is that described in paragraph
(a)(3)(v) of this section and words describing the form of pack are
declared on the label, the label shall also bear the statements required
by Sec. 105.69 of this chapter.
(iii) Label declaration. Each of the ingredients used in the food
shall be declared on the label as required by the applicable sections of
parts 101 and 130 of this chapter.
(b) [Reserved]
(c) Fill of container. (1) The standard of fill of container for
canned salmon is a fill including all the contents of the container and
is not less than the minimum net weight specified for the corresponding
can size in the following table:
------------------------------------------------------------------------
I. Can size II. Minimum net weight
------------------------------------------------------------------------
603x405................................... 1.814 kg (64 oz).
301x411................................... 454 g (16 oz).
301x408................................... 439 g (15\1/2\ oz).
401x211................................... 439 g (15\1/2\ oz).
607x406x108............................... 439 g (15\1/2\ oz).
301x308................................... 340 g (12 oz).
307x200.25................................ 220 g (7\3/4\ oz).
513x307x103............................... 220 g (7\3/4\ oz).
307x113................................... 191 g (6\3/4\ oz).
301x106................................... 106 g (3\3/4\ oz).
407x213x015............................... 106 g (3\3/4\ oz).
------------------------------------------------------------------------
If the can size in question is not listed, calculate the value for
Column II as follows: From the list, select as the comparable can size,
that one having the nearest water capacity of the can size in question,
multiply the net weight listed in Column II by the water capacity of the
can size in question, and divide by the water capacity of the comparable
can size. Water capacities are determined by the general method provided
in Sec. 130.12(a) of this chapter.
(2) Sampling and acceptance procedure: The sample size of the sample
representing the lot will be selected in accordance with the sampling
plan shown in paragraph (c)(2)(ii) of this section. A lot is to be
considered acceptable when the average net weight of all the sample
units is not less than the
[[Page 497]]
minimum net weight stated in paragraph (c)(1) of this section for the
corresponding can size.
(i) Definitions of terms to be used in the sampling plans in
paragraph (c)(2)(ii) of this section are as follows:
(a) Lot. A collection of primary containers or units of the same
size, type, and style manufactured or packed under similar conditions
and handled as a single unit of trade.
(b) Lot size. The number of primary containers or units in the lot.
(c) Sample size (n). The total number of sample units drawn for
examination from a lot.
(d) Sample unit. A container, the entire contents of a container, a
portion of the contents of a container, or a composite mixture of
product from small containers that is sufficient for examination or
testing as a single unit.
(ii) Sampling plans:
------------------------------------------------------------------------
Size of
Lot size (primary containers) container \1\
(n)
------------------------------------------------------------------------
4,800 or less............................................ 13
4,801 to 24,000.......................................... 21
24,001 to 48,000......................................... 29
48,001 to 84,000......................................... 48
84,001 to 144,000........................................ 84
144,001 to 240,000....................................... 126
Over 240,000............................................. 200
------------------------------------------------------------------------
\1\ Net weight equal to or less than 1 kg. (2.2 lb).
------------------------------------------------------------------------
Size of
Lot size (primary containers) container \1\
(n)
------------------------------------------------------------------------
2,400 or less............................................ 13
2,401 to 15,000.......................................... 21
15,001 to 24,000......................................... 29
24,001 to 42,000......................................... 48
42,001 to 72,000......................................... 84
72,001 to 120,000........................................ 126
Over 120,000............................................. 200
------------------------------------------------------------------------
n-number of primary containers in sample.
\1\ Net weight greater than 1 kg (2.2 lb) but not more than 4.5 kgs (10
lb).
(3) If canned salmon falls below the standard of fill of container
prescribed in paragraph (c)(1) of this section, the label shall bear the
general statement of substandard fill specified in Sec. 130.14(b) of
this chapter, in the manner and form therein specified.
[42 FR 14464, Mar. 15, 1977, as amended at 58 FR 2884, Jan. 6, 1993]
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.173]
[Page 497-500]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.173 Canned wet pack shrimp in transparent or nontransparent containers.
(a) Identity. (1) Canned wet pack shrimp is the food consisting of
the processed meat of peeled shrimp, free of heads and, to the extent
practicable under good manufacturing practice, free of shells, legs, and
antennae; in one or any combination of species enumerated in paragraph
(a)(2) of this section; prepared in one of the styles specified in
paragraph (a)(3) of this section, in sufficient water or other suitable
aqueous packing medium to fill the interstices and permit proper
processing in accordance with good manufacturing practice. Canned shrimp
may contain one or more of the optional ingredients specified in
paragraph (a)(4) of this section. It is packed in hermetically sealed
transparent or nontransparent containers and so processed by heat as to
prevent spoilage.
(2) The species of shrimp that may be used in the food are of the
families: Penaeidae, Pandalidae, Crangonidae, and Palaemonidae.
(3) Styles. Canned shrimp is prepared in one of the following
styles:
(i) Shrimp with readily visible dark vein (dorsal tract, back vein,
or sand vein).
(ii) Deveined shrimp containing not less than 95 percent by weight
of shrimp prepared by removing the dark vein from the first five
segments by deliberate cutting action.
(iii) Shrimp, other than "deveined" as described in paragraph
(a)(3)(ii) of this section, containing not less than 95 percent by
weight of shrimp with no readily visible dark vein within the first five
segments.
(iv) Broken shrimp, consisting of less than four segments and
otherwise conforming to one of the styles described in paragraph
(a)(3)(i), (ii), or (iii) of this section.
(4) Optional ingredients. The following safe and suitable optional
ingredients may be used:
(i) Salt.
(ii) Lemon juice.
(iii) Organic acids.
(iv) Nutritive carbohydrate sweeteners.
(v) Spices or spice oils or spice extracts.
[[Page 498]]
(vi) Flavorings.
(vii) Sodium bisulfite.
(viii) Calcium disodium EDTA (calcium disodium
ethylenediaminetetraacetate), complying with the provisions of
Sec. 172.120 of this chapter.
(5) Labeling. (i) The name of the food is "shrimp" or "shrimps."
The word "prawns" may appear on the label in parentheses immediately
after the word "shrimp" or "shrimps" if the shrimp are of large or
extra large size as designated in paragraph (a)(5)(iv) of this section.
(ii) When the food is of the style described in paragraph (a)(3)(ii)
of this section, the words "cleaned," "cleaned (deveined)," or
"deveined" may be declared on the label.
(iii) When the food is of the style described in paragraph
(a)(3)(iii) of this section, the words "contain no dark veins" or
their equivalent may be declared on the label.
(iv) When the food is whole shrimp within a size range designated in
table I as "extra large," "large," "medium," or "small" and does
not contain broken shrimp as defined in paragraph (a)(3)(iv) of this
section in excess of the amount listed in table II for the applicable
size, the appropriate size designation may be declared on the label.
Table I
----------------------------------------------------------------------------------------------------------------
Number of shrimp per 28.4 g (1 oz) of Number of shrimp per 100 g (3.5 oz) of
drained product drained product
Size -------------------------------------------------------------------------------
Other than Other than
deveined style Deveined style deveined style Deveined style
----------------------------------------------------------------------------------------------------------------
Extra large or jumbo............ Less than 3.5..... Less than 3.8..... Less than 12.3.... Less than 13.4.
Large........................... 3.5 to 5.0 3.8 to 5.4 12.3 to 17.7 13.4 to 19.1
inclusive. inclusive. inclusive. inclusive.
Medium.......................... More than 5.0 but More than 5.4 but More than 17.7 but More than 19.1 but
not more than 9.0. not more than 9.8. not more than not more than
31.8. 34.6.
Small........................... More than 9.0 but More than 9.8 but More than 31.8 but More than 34.6 but
not more than not more than not more than not more than
17.0. 18.4. 60.0. 65.3.
Tiny............................ More than 17.0.... More than 18.4.... More than 60.0.... More than 65.3.
----------------------------------------------------------------------------------------------------------------
Table II
------------------------------------------------------------------------
Maximum
percent by
Size weight of
broken
shrimpa
------------------------------------------------------------------------
Extra large or jumbo........................................ 5
Large....................................................... 5
Medium...................................................... 5
Small....................................................... 10
Tiny........................................................ 15
------------------------------------------------------------------------
a Grams of broken shrimp per 100 g of cut-out weight as determined in
Sec. 161.173(c) of this section.
(v) When the food consists of tiny shrimp, as designated in table I
in paragraph (a)(5)(iv) of this section and does not contain broken
shrimp as defined in paragraph (a)(3)(iv) of this section in excess of
15 percent by weight, the name of the food on the label shall be
accompanied by the word "tiny" in type size equal to that used in the
name of the food.
(vi) When the food consists of tiny shrimp, as designated in table I
in paragraph (a)(5)(iv) of this section and contains more than 15
percent by weight of broken shrimp as defined in paragraph (a)(3)(iv) of
this section, the name of the food on the label shall be accompanied by
the word "broken" or "pieces" rather than the word "tiny," in type
size equal to that used in the name of the food.
(vii) When the food consists wholly or in part of sizes other than
tiny, as designated in table I in paragraph (a)(5)(iv) of this section
and contains more than 10 percent by weight of broken shrimp as defined
in paragraph (a)(3)(iv) of this section, the name of the food on the
label shall be accompanied by the word "broken" or "pieces" in type
size equal to that used in the name of the food.
(viii) The name of the food shall include a declaration of any
flavoring that characterizes the food, as specified in Sec. 101.22 of
this chapter, and the term "spiced" if spice characterizes the food.
(ix) Label declaration. Each of the ingredients used in the food
shall be declared on the label as required by the applicable sections of
parts 101 and 130 of this chapter.
(6) Sampling and acceptance procedure. A lot is to be considered
acceptable when the number of defectives does not
[[Page 499]]
exceed the acceptance number in the sampling plans given in paragraph
(a)(6)(ii) of this section.
(i) Definitions of terms to be used in the sampling plans in
paragraph (a)(6)(ii) of this section are as follows:
(a) Lot. A collection of primary containers or units of the same
size, type, and style manufactured or packed under similar conditions
and handled as a single unit of trade.
(b) Lot size. The number of primary containers or units in the lot.
(c) Sample size (n). The total number of sample units drawn for
examination from a lot.
(d) Sample unit. A container, the entire contents of a container, a
portion of the contents of a container, or a composite mixture of
product from small containers that is sufficient for the examination or
testing as a single unit.
(e) Defective. Any sample unit shall be regarded as defective when
it fails to meet the minimum requirements in paragraph (a)(3) (ii) or
(iii) of this section for the applicable style, when it exceeds the
tolerances in paragraph (a)(5)(iv) of this section for the applicable
size, or when the labeling fails to meet the requirements of paragraph
(a)(5) (v), (vi), or (vii) of this section of the applicable size.
(f) Acceptance number (c). The maximum number of defective sample
units permitted in the sample in order to consider the lot as meeting
the specified requirements.
(g) Acceptable quality level (AQL). The maximum percent of defective
sample units permitted in a lot that will be accepted approximately 95
percent of the time.
(ii) Sampling plans:
Acceptable Quality Level 6.5
------------------------------------------------------------------------
Size of container
Lot size (primary containers) ---------------------
n \1\ c \2\
------------------------------------------------------------------------
net weight equal to or less than 1 kg (2.2 lb)
------------------------------------------------------------------------
4,800 or less..................................... 13 2
4,801 to 24,000................................... 21 3
24,001 to 48,000.................................. 29 4
48,001 to 84,000.................................. 48 6
84,001 to 144,000................................. 84 9
144,001 to 240,000................................ 126 13
Over 240,000...................................... 200 19
------------------------------------------------------------------------
net weight greater than 1 kg (2.2 lb) but not more than 4.5 kg (10 lb)
------------------------------------------------------------------------
2,400 or less..................................... 13 2
2,401 to 15,000................................... 21 3
15,001 to 24,000.................................. 29 4
24,001 to 42,000.................................. 48 6
42,001 to 72,000.................................. 84 9
72,001 to 120,000................................. 126 13
Over 120,000...................................... 200 19
------------------------------------------------------------------------
\1\ n=Number of primary containers in sample.
\2\ c=Acceptance number.
(b) [Reserved]
(c) Fill of container. (1) The standard of fill of transparent or
nontransparent containers for canned wet pack shrimp is a fill such that
the cut-out weight of shrimp taken from each container is not less than
60 percent of the weight of the water required to fill the container.
The weight of the water required to fill the container is determined by
the general method provided in Sec. 130.12(a) of this chapter. Cut-out
weight is determined by the following method: Keep the unopened canned
shrimp container at a temperature of not less than 68 deg. nor more than
75 deg.Fahrenheit for at least 12 hours immediately preceding the
determination. After opening, distribute the shrimp evenly over the
meshes of a circular sieve that has been previously weighed. The
diameter of the sieve is 20.3 centimeters (8 inches) if the quantity of
the contents of the container is less than 1.36 kilograms (3 pounds),
and 30.5 centimeters (12 inches), if such quantity is 1.36 kilograms (3
pounds) or more. The bottom of the sieve is woven-wire cloth that
complies with the specifications for such cloth set forth as a 2.38 mm
(No. 8) sieve in the "Definitions of Terms and Explanatory Notes" of
the "Official Methods of Analysis of the Association of Official
Analytical Chemists," 13th Ed. (1980), which is incorporated by
reference. Copies may be obtained from the Association of Official
Analytical Chemists International, 481 North Frederick Ave., suite 500,
Gaithersburg, MD 20877-2504, or may be examined at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC. Without shifting the material on the sieve,
[[Page 500]]
incline the sieve at an angle of approximately 17 deg. to 20 deg. to
facilitate drainage. Allow the shrimp to drain for 2 minutes, measured
from the moment the product is poured onto the sieve. Weigh the sieve
and the drained shrimp. The weight so found, less the weight of the
sieve, shall be considered to be the cut-out weight of the shrimp.
(2) Sampling and acceptance procedure: A container that falls below
the requirement for minimum fill prescribed in paragraph (c)(1) of this
section is considered a "defective." Determine compliance with
paragraph (c)(1) of this section as specified in paragraph (a)(6) of
this section except that the sample unit shall be the entire contents of
the container.
(3) If canned wet pack shrimp in transparent or nontransparent
containers falls below the applicable standard of fill of container
prescribed in paragraph (c)(1) of this section, the label shall bear the
general statement of substandard fill provided in Sec. 130.14(b) of this
chapter, in the manner and form therein specified.
[43 FR 19840, May 9, 1978; 43 FR 25423, June 13, 1978, as amended at 47
FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June
12, 1989; 58 FR 2884, Jan. 6, 1994; 63 FR 14035, Mar. 24, 1998]
Effective Date Note: Paragraphs (a) and (c) of Sec. 161.173 were
stayed until further notice by a document published at 44 FR 50328, Aug.
28, 1979.
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.175]
[Page 500-502]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.175 Frozen raw breaded shrimp.
(a) Frozen raw breaded shrimp is the food prepared by coating one of
the optional forms of shrimp specified in paragraph (c) of this section
with safe and suitable batter and breading ingredients as provided in
paragraph (d) of this section. The food is frozen.
(b) The food tests not less than 50 percent of shrimp material as
determined by the method prescribed in paragraph (g) of this section,
except that if the shrimp are composite units the method prescribed in
paragraph (h) of this section is used.
(c) The term shrimp means the tail portion of properly prepared
shrimp of commercial species. Except for composite units, each shrimp
unit is individually coated. The optional forms of shrimp are:
(1) Fantail or butterfly: Prepared by splitting the shrimp; the
shrimp are peeled, except that tail fins remain attached and the shell
segment immediately adjacent to the tail fins may be left attached.
(2) Butterfly, tail off: Prepared by splitting the shrimp; tail fins
and all shell segments are removed.
(3) Round: Round shrimp, not split; the shrimp are peeled, except
that tail fins remain attached and the shell segment immediately
adjacent to the tail fins may be left attached.
(4) Round, tail off: Round shrimp, not split; tail fins and all
shell segments are removed.
(5) Pieces: Each unit consists of a piece or a part of a shrimp;
tail fins and all shell segments are removed.
(6) Composite units: Each unit consists of two or more whole shrimp
or pieces of shrimp, or both, formed and pressed into composite units
prior to coating; tail fins and all shell segments are removed; large
composite units, prior to coating, may be cut into smaller units.
(d) The batter and breading ingredients referred to in paragraph (a)
of this section are the fluid constituents and the solid constituents of
the coating around the shrimp. These ingredients consist of 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. Batter and breading ingredients that
perform a useful function are regarded as suitable, except that
artificial flavorings, artificial sweeteners, artificial colors, and
chemical preservatives, other than those provided for in this paragraph,
are not suitable ingredients of frozen raw breaded shrimp. Chemical
preservatives that are suitable are:
(1) Ascorbic acid, which may be used in a quantity sufficient to
retard development of dark spots on the shrimp; and
(2) The antioxidant preservatives listed in subpart D of part 182 of
this
[[Page 501]]
chapter that may be used to retard development of rancidity of the fat
content of the food, in amounts within the limits prescribed by that
section.
(e) The label shall name the food, as prepared from each of the
optional forms of shrimp specified in paragraph (c) (1) to (6),
inclusive, of this section, and following the numbered sequence of such
subparagraph, as follows:
(1) "Breaded fantail shrimp." The word "butterfly" may be used
in lieu of "fantail" in the name.
(2) "Breaded butterfly shrimp, tail off."
(3) "Breaded round shrimp."
(4) "Breaded round shrimp, tail off."
(5) "Breaded shrimp pieces."
(6) Composite units:
(i) If the composite units are in a shape similar to that of breaded
fish sticks the name is "Breaded shrimp sticks"; if they are in the
shape of meat cutlets, the name is "Breaded shrimp cutlets".
(ii) If prepared in a shape other than that of sticks or cutlets,
the name is "Breaded shrimp ------", the blank to be filled in with
the word or phrase that accurately describes the shape, but which is not
misleading.
In the case of the names specified in paragraphs (e) (1) through (5) of
this section, the words in each name may be arranged in any order,
provided they are so arranged as to be accurately descriptive of the
food. The word "prawns" may be added in parentheses immediately after
the word "shrimp" in the name of the food if the shrimp are of large
size; for example, "Fantail breaded shrimp (prawns)". If the shrimp
are from a single geographical area, the adjectival designation of that
area may appear as part of the name; for example, "Breaded Alaskan
shrimp sticks".
(f) The names of the optional ingredients used, as provided for in
paragraph (d) of this section, shall be listed on the principal display
panel or panels of 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 a spice that also
imparts color is used, it shall be designated as "spice and coloring",
unless the spice is designated by its specific name. If ascorbic acid is
used to retard development of dark spots on the shrimp, it shall be
designated as "Ascorbic acid added as a preservative" or "Ascorbic
acid added to retard discoloration of shrimp". If any other antioxidant
preservative, as provided in paragraph (d) of this section, is used,
such preservative shall be designated by its common name followed by the
statement "Added as a preservative".
(g) The method for determining percentage of shrimp material for
those forms specified in paragraphs (c) (1) through (5) of this section
is as follows:
(1) Equipment needed. (i) Two-gallon container, approximately 9
inches in diameter.
(ii) Two-vaned wooden paddle, each vane measuring approximately 1\3/
4\ inches by 3\3/4\ inches.
(iii) Stirring device capable of rotating the wooden paddle at 120
r.p.m.
(iv) Balance accurate to 0.01 ounce (or 0.1 gram).
(v) U.S. Standard Sieve No. 20, 30.5 centimeter (12 inch) diameter.
The sieves shall comply with the specifications for such cloth set forth
in "Official Methods of Analysis of the Association of Official
Analytical Chemists" (AOAC), 13th Ed. (1980), Table 1, "Nominal
Dimensions of Standard Test Sieves (U.S.A. Standard Series)," under the
heading "Definitions of Terms and Explanatory Notes," which is
incorporated by reference. Copies may be obtained from the Association
of Official Analytical Chemists International, 481 North Frederick Ave.,
suite 500, Gaithersburg, MD 20877-2504, or may be examined at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(vi) U.S. Standard sieve, \1/2\-inch sieve opening, 12-inch
diameter.
(vii) Forceps, blunt points.
(viii) Shallow baking pans.
(ix) Rubber-tipped glass stirring rod.
(2) Procedure. (i) Weigh the sample to be debreaded. Fill the
container three-fourths full of water at 70 deg.-80 deg.F. Suspend the
paddle in the container, leaving a clearance of at least 5 inches below
the paddle vanes, and adjust speed to 120 r.p.m. Add shrimp and stir for
10 minutes. Stack the sieves, the \1/2\-inch mesh over the No. 20, and
pour the contents of the container onto them.
[[Page 502]]
Set the sieves under a faucet, preferably with spray attached, and rinse
shrimp with no rubbing of flesh, being careful to keep all rinsings over
the sieves and not having the stream of water hit the shrimp on the
sieve directly. Lay the shrimp out singly on the sieve as rinsed.
Inspect each shrimp and use the rubber-tipped rod and the spray to
remove the breading material that may remain on any of them, being
careful to avoid undue pressure or rubbing, and return each shrimp to
the sieve. Remove the top sieve and drain on a slope for 2 minutes, then
remove the shrimp to weighing pan. Rinse contents of the No. 20 sieve
onto a flat pan and collect any particles other than breading (i.e.,
flesh and tail fins) and add to shrimp on balance pan and weigh.
(ii) Calculate percent shrimp material:
Percent shrimp material=(Weight of debreaded sample)/(Weight of sample)
x100+2
(h) The method for determining percentage of shrimp material for
composite units, specified in paragraph (c)(6) of this section, is as
follows:
(1) Equipment needed. (i) Water bath (for example a 3-liter to 4-
liter beaker).
(ii) Balance accurate to 0.1 gram.
(iii) Clip tongs of wire, plastic, or glass.
(iv) Stop-watch or regular watch readable to a second.
(v) Paper towels.
(vi) Spatula, 4-inch blade with rounded tip.
(vii) Nut picker.
(viii) Thermometer (immersion type) accurate to 2
deg.F.
(ix) Copper sulfate crystals
(CuSo4[middot]5H2O).
(2) Procedure. (i) Weigh all composite units in the sample while
they are still hard frozen.
(ii) Place each composite unit individually in a water bath that is
maintained at 63 deg.F-86 deg.F, and allow to remain until the
breading becomes soft and can easily be removed from the still frozen
shrimp material (between 10 seconds to 80 seconds for composite units
held in storage at 0 deg.F). If the composite units were prepared using
batters that are difficult to remove after one dipping, redip them for
up to 5 seconds after the initial debreading and remove residual batter
materials.
Note: Several preliminary trials may be necessary to determine the
exact dip time required for "debreading" the composite units in a
sample. For these trials only, a saturated solution of copper sulfate (1
pound of copper sulfate in 2 liters of tap water) is necessary. The
correct dip time is the minimum time of immersion in the copper sulfate
solution required before the breading can easily be scraped off:
Provided, That the "debreaded" units are still solidly frozen and only
a slight trace of blue color is visible on the surface of the
"debreaded" shrimp material.
(iii) Remove the unit from the bath; blot lightly with double
thickness of paper toweling; and scrape off or pick out coating from the
shrimp material with the spatula or nut picker.
(iv) Weigh all the "debreaded" shrimp material.
(v) Calculate the percentage of shrimp material in the sample, using
the following formula:
Percent shrimp material=(Weight of debreaded shrimp sample)/Weight of
samplex100
(i) Label declaration. Each of the ingredients used in the food
shall be declared on the label as required by the applicable sections of
parts 101 and 130 of this chapter.
[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982;
49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2884, Jan.
6, 1993; 63 FR 14035, Mar. 24, 1998]
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.176]
[Page 502]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.176 Frozen raw lightly breaded shrimp.
Frozen raw lightly breaded shrimp complies with the provisions of
Sec. 161.175, except that it contains not less than 65 percent of shrimp
material, as determined by the method prescribed in Sec. 161.175 (g) or
(h), as appropriate, and that in the name prescribed the word
"lightly" immediately precedes the words "breaded shrimp".
[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR161.190]
[Page 502-509]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 161--FISH AND SHELLFISH--Table of Contents
Subpart B--Requirements for Specific Standardized Fish and Shellfish
Sec. 161.190 Canned tuna.
(a) Identity. (1) Canned tuna is the food consisting of processed
flesh of fish of the species enumerated in paragraph (a)(2) of this
section, prepared in one of the optional forms of pack specified in
paragraph (a)(3) of this section,
[[Page 503]]
conforming to one of the color designations specified in paragraph
(a)(4) of this section, in one of the optional packing media specified
in paragraph (a)(5) of this section, and may contain one or more of the
seasonings and flavorings specified in paragraph (a)(6) of this section.
For the purpose of inhibiting the development of struvite crystals,
sodium acid pyrophosphate may be added in a quantity not in excess of
0.5 percent by weight of the finished food. It is packed in hermetically
sealed containers and so processed by heat as to prevent spoilage. It is
labeled in accordance with the provisions of paragraph (a)(8) of this
section.
(2) The fish included in the class known as tuna fish are:
Thunnus thynnus (Linnaeus, 1758)--Northern bluefin tuna
Thunnus maccoyii (Castelnau, 1872)--Southern bluefin tuna
Thunnus alalunga (Bonnaterre, 1788)--Albacore
Thunnus atlanticus (Lesson, 1830)--Blackfin tuna
Thunnus obesus (Lowe, 1839)--Bigeye tuna
Thunnus albacares (Bonnaterre, 1788)--Yellowfin tuna
Thunnus tonggol (Bleeker, 1851)--Longtail tuna
Katsuwonus pelamis (Linnaeus, 1758)--Skipjack tuna
Euthynnus alletteratus (Rafinesque, 1810)--Spotted tunny
Euthynnus lineatus Kishinouye, 1920--Black skipjack tuna
Euthynnus affinis (Cantor, 1849)--Kawakawa
Allothunnus fallai Serventy, 1948--Slender tuna
Auxis rochei (Risso, 1810)--Bullet tuna
Auxis thazard (Lacepede, 1800)--Frigate tuna
(3) The optional forms of processed tuna consist of loins and other
striated muscular tissue of the fish. The loin is the longitudinal
quarter of the great lateral muscle freed from skin, scales, visible
blood clots, bones, gills, viscera and from the nonstriated part of such
muscle, which part (known anatomically as the median superficial muscle)
is highly vascular in structure, dark in color because of retained
blood, and granular in form. Canned tuna is prepared in one of the
following forms of pack, the identity of which is determined in
accordance with the methods prescribed in paragraph (c)(2) of this
section.
(i) Solid or solid pack consists of loins freed from any surface
tissue discolored by diffused hemolyzed blood, cut in transverse
segments to which no free fragments are added. In containers of 1 pound
or less of net contents, such segments are cut in lengths suitable for
packing in one layer. In containers of more than 1 pound net contents,
such segments may be cut in lengths suitable for packing in one or more
layers of equal thickness. Segments are placed in the can with the
planes of their transverse cut ends parallel to the ends of the can. A
piece of a segment may be added if necessary to fill a container. The
proportion of free flakes broken from loins in the canning operation
shall not exceed 18 percent.
(ii) Chunk, chunks, chunk style consists of a mixture of pieces of
tuna in which the original muscle structure is retained. The pieces may
vary in size, but not less than 50 percent of the weight of the pressed
contents of a container is retained on a \1/2\-inch-mesh screen.
(iii) Flake or flakes consist of a mixture of pieces of tuna in
which more than 50 percent of the weight of the pressed contents of the
container will pass through a \1/2\-inch-mesh screen, but in which the
muscular structure of the flesh is retained.
(iv) Grated consists of a mixture of particles of tuna that have
been reduced to uniform size, that will pass through a \1/2\-inch-mesh
screen, and in which the particles are discrete and do not comprise a
paste.
(v) Any of the specified forms of pack of canned tuna may be smoked.
Canned smoked tuna shall be labeled in accordance with the provisions of
paragraph (a)(8)(v) of this section.
(4) Canned tuna, in any of the forms of pack specified in paragraph
(a)(3) of this section, falls within one of the following color
designations, measured by visual comparison with matte surface neutral
reflectance standards corresponding to the specified Munsell units of
value, determined in accordance with paragraph (a)(7) of this section.
(i) White. This color designation is limited to the species Thunnus
alalunga (albacore), and is not darker than Munsell value 6.3.
[[Page 504]]
(ii) Light. This color designation includes any tuna not darker than
Munsell value 5.3.
(iii) Dark. This color designation includes all tuna darker than
Munsell value 5.3.
(iv) Blended. This color designation may be applied only to tuna
flakes specified in paragraph (a)(3)(iii) of this section, consisting of
a mixture of tuna flakes of which not less than 20 percent by weight
meet the color standard for either white tuna or light tuna, and the
remainder of which fall within the color standard for dark tuna. The
color designation for blended tuna is determined in accordance with
paragraph (a)(7) of this section.
(5) Canned tuna is packed in one of the following optional packing
media:
(i) Any edible vegetable oil other than olive oil, or any mixture of
such oils not containing olive oil.
(ii) Olive oil.
(iii) Water.
(6) Canned tuna may be seasoned or flavored with one or more of the
following:
(i) Salt.
(ii) Monosodium glutamate.
(iii) Hydrolyzed protein declared in accordance with the applicable
provisions of Sec. 101.22.
(iv) Spices or spice oils or spice extracts.
(v) Vegetable broth in an amount not in excess of 5 percent of the
volume capacity of the container, such broth to consist of a minimum of
0.5 percent by weight of vegetable extractives and to be prepared from
two or more of the following vegetables: Beans, cabbage, carrots,
celery, garlic, onions, parsley, peas, potatoes, green bell peppers, red
bell peppers, spinach, and tomatoes.
(vi) Garlic.
(vii) Lemon flavoring to be prepared from lemon oil and citric acid
together with safe and suitable carriers for the lemon oil which are
present at nonfunctional and insignificant levels in the finished canned
food. When lemon flavoring is added, a safe and suitable solubilizing
and dispersing ingredient may be added in a quantity not exceeding 0.005
percent by weight of the finished food. A substance used in accordance
with this paragraph is deemed to be suitable if it is used in an amount
no greater than necessary to achieve the intended flavor effect, and is
deemed to be safe if it is not a food additive as defined in section
201(s) of the Federal Food, Drug, and Cosmetic Act (the act), or if it
is a food additive as so defined, it is used in conformity with
regulations established pursuant to section 409 of the act.
(viii) Edible vegetable oil or partially hydrogenated vegetable oil,
excluding olive oil, used alone or in combination in an amount not to
exceed 5 percent of the volume capacity of the container, with or
without any suitable form of emulsifying and suspending ingredients that
has been affirmed as GRAS or approved as a food additive to aid in
dispersion of the oil, as seasoning in canned tuna packed in water.
(7) For determination of the color designations specified in
paragraph (a)(4) of this section, the following method shall be used:
Recombine the separations of pressed cake resulting from the method
prescribed in paragraph (c)(2) of this section. Pass the combined
portions through a sieve fitted with woven-wire cloth of \1/4\-inch mesh
complying with the specifications for such cloth set forth in "Official
Methods of Analysis of the Association of Official Analytical
Chemists," 13th Ed. (1980), Table 1, "Nominal Dimensions of Standard
Test Sieves (U.S.A. Standard Series)," under the heading "Definitions
of Terms and Explanatory Notes," which is incorporated by reference.
Copies may be obtained from the Association of Official Analytical
Chemists International, 481 North Frederick Ave., suite 500,
Gaithersburg, MD 20877-2504, or may be examined at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC. Mix the sieved material and place a sufficient quantity into a 307 x
113 size container (bearing a top seam and having a false bottom
approximately \1/2\-inch deep and painted flat black inside and outside)
so that after tamping and smoothing the surface of the sample the
material will be \1/8\-inch to \1/4\-inch below the top of the
container. Within 10 minutes after sieving through the \1/4\-inch mesh
woven-wire cloth, determine the Munsell value of sample surface.
[[Page 505]]
(i) Determine the Munsell value of the sample surface so prepared.
The following method may be used, employing an optical comparator,
consisting of a lens and prism system which brings two beams of light,
reflected from equal areas of sample surface and standard surface,
respectively, together, within an eyepiece, so as to show an equally
divided optical field. The scanned areas of sample and standard surface
are not smaller than 2 square inches. Light reaching the eye is rendered
sufficiently diffuse, by design of eyepiece and comparator, so that
detail of the sample surface will remain undefined, to a degree such as
to avoid visual confusion in observation of a match of over-all
intensity of reflected light. The eyepiece contains a color filter
centering at a wavelength between 550 m[mu] and 560 m[mu]. The filter
does not pass appreciable visible radiation of wavelengths below 540
m[mu] or above 570 m[mu]. The passed wavelength band is of a
monochromaticity sufficient to cause a sample and a neutral standard of
equal reflectance to appear of the same hue. The comparator is rigidly
mounted on a vertical stand attached to a base in which arrangement is
provided for securely and accurately positioning two cans of size 307 x
113 in the two fields of view. Mounted on the base are two shaded lamps,
which direct the center of their beams of light at about a 45 deg. angle
to the plane of the sample and standard surfaces. The lamps are so
positioned that light from one bears mainly upon the sample surface and
light from the other mainly on the standard surface, and are so placed
in relation to sample and standard that no shadows, as from the can
rims, appear in the fields of view. The lamps are strong enough to
furnish adequate and convenient illumination through eyepiece and
filter. Means are provided to alter the light intensity of one lamp in
relation to the other, as may conveniently be achieved by using a 100-
watt tungsten filament bulb in one lamp and using, in the other, a
similar 150-watt bulb connected with the power source through a suitable
rheostat. The stand is equipped with non-glossy black curtains on the
side of the observer, to exclude variation in extraneous light reflected
from the person of the observer.
(ii) To adjust the comparator, place a pair of matte surface
standards of Munsell value 5.3, mounted as described in paragraph
(a)(7)(iv) of this section, in position in the comparator base, and
adjust the intensity of the variable lamp until the two halves of the
optical field, viewed through the eyepiece, are of equal brightness.
Then remove one of the standards and replace it with the prepared
sample. Without altering any other adjustments, observe through the
eyepiece whether the sample appears lighter or darker than the standard.
In case of examination of albacore designated "white", conduct the
procedure using standards of Munsell value 6.3.
(iii) The standards with which comparisons are made are essentially
neutral matte-finish standards, equivalent in luminous reflectance of
light of 555[mu] wavelength to 33.7 percent of the luminous reflectance
of magnesium oxide (for Munsell value 6.3) and 22.6 percent of the
luminous reflectance of magnesium oxide (for Munsell value 5.3), as
given by the relationship between Munsell value and luminous reflectance
derived by a subcommittee of the Optical Society of America and
published in the "Journal of the Optical Society of America," Vol. 33,
page 406 (1943), which is incorporated by reference. Copies are
available from the Center for Food Safety and Applied Nutrition (HFS-
150), Food and Drug Administration, 5100 Paint Branch Pkwy., College
Park, MD 20740, or available for inspection at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(iv) These standards shall be cut in circles 3\1/4\ inches in
diameter and shall be mounted in 307 x 113 size containers, bearing a
top seam and painted flat black inside and outside, so that the surfaces
of the standards are \3/16\ inch below the top of the containers in
which they are mounted.
(v) In the case of blended tuna, the foregoing method shall be
varied by first separating the tuna flakes of the two different colors
before passing them through the \1/4\-inch mesh sieve, then proceeding
with each portion separately for the determination of its
[[Page 506]]
color value, employing, if necessary, a sample container with false
bottom greater than \1/2\ inch deep.
(8)(i) The specified names of the canned tuna for which definitions
and standards of identity are prescribed by this section, except where
water is the packing medium or where the tuna is smoked, are formed by
combining the designation of form of pack with the color designation of
the tuna; for example, "Solid pack white tuna", `Grated dark tuna",
etc. In the case of blended tuna, there shall be used both applicable
color designations of the blended flakes, in precedence determined in
accordance with the predominating portion found in the container; for
example, "Blended white and dark tuna flakes", "Blended dark and
light tuna flakes".
(ii) The specified name of canned tuna when water is used as the
packing medium is formed as described in paragraph (a)(8)(i) of this
section, followed by the words "in water"; for example, "Grated light
tuna in water".
(iii) When the packing medium is vegetable oil or olive oil, the
label shall bear the name of the optional packing medium used, as
specified in paragraph (a)(5) of this section, preceded by the word
"in" or the words "packed in". In case of the optional ingredient
specified in paragraph (a)(5)(i) of this section, the name or names of
the oil used may be stated, or the general term "vegetable oil" may be
used.
(iv) In case solid pack tuna is packed in olive oil, the designation
"Tonno" may also appear.
(v) In case any of the specified forms of canned tuna are smoked,
the word "smoked" shall appear as a part of the name on the label; for
example, "Smoked light tuna flakes".
(vi) Where the canned tuna contains one or more of the ingredients
provided for in paragraph (a)(6) of this section, the label shall bear
the statement "Seasoned with ------", the blank being filled in with
the name or names of the ingredient or ingredients used, except that if
the ingredient designated in paragraph (a)(6)(v) of this section is
used, the blank shall be filled in with the term "vegetable broth",
and if the ingredients designated in paragraph (a)(6)(viii) of this
section are used, the blank may be filled in with the term "oil", and
if the ingredient designated in paragraph (a)(6)(iv) of this section is
used alone, the label may alternatively bear either the statement
"spiced" or the statement "with added spice"; and if salt is the
only seasoning ingredient used, the label may alternatively bear any of
the statements "salted", "with added salt", or "salt added". If
the flavoring ingredients designated in paragraph (a)(6)(vii) of this
section are used, the words "lemon flavored" or "with lemon
flavoring" shall appear as part of the name on the label; for example,
"lemon flavored chunk light tuna". Citric acid and any optional
solubilizing and dispersing agent used as specified in paragraph
(a)(6)(vii) of this section in connection with lemon flavoring
ingredients or emulsifying and suspending ingredients used as specified
in paragraph (a)(6)(viii) of this section shall be designated on the
label by their common or usual name.
(vii) Where the canned tuna contains the optional ingredient sodium
acid pyrophosphate as provided in paragraph (a)(1) of this section, the
label shall bear the statement "pyrophosphate added" or "with added
pyrophosphate".
(viii) Wherever the name of the food appears on the label so
conspicuously as to be easily seen under customary conditions of
purchase, the names of the optional ingredients used, as specified in
paragraphs (a)(8)(iii), (vi), and (vii) of this section (except if lemon
flavoring is added, this subparagraph applies only to the terms "lemon
flavored" or "with lemon flavoring", not to the constituent
ingredients of that flavoring or to any optional solubilizing or
dispersing ingredient used in connection with lemon flavoring
ingredients), shall immediately and conspicuously precede or follow such
name without intervening, written, printed, or graphic matter except
that the common name of the species of tuna fish may so intervene; but
the species name "albacore" may be employed only for canned tuna of
that species which meets the color designation "white" as prescribed
by paragraph (a)(4)(i) of this section.
(ix) Statements of optional ingredients present required by
paragraph
[[Page 507]]
(a)(8)(vi) of this section, but not subject to the provisions of
paragraph (a)(8)(viii) 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.
(b) [Reserved]
(c) Fill of container. (1) The standard of fill of container for
canned tuna is a fill such that the average weight of the pressed cake
from 24 cans, as determined by the method prescribed by paragraph (c)(2)
of this section, is not less than the minimum value specified for the
corresponding can size and form of tuna ingredient in the following
table:
------------------------------------------------------------------------
II. Minimum
value for
weights of
pressed
I. Can size and form of tuna ingredient cake
(average of
24 cans)
(in ounces)
------------------------------------------------------------------------
211x109:
Solid.................................................... 2.25
Chunks................................................... 1.98
Flakes................................................... 1.98
Grated................................................... 2.00
307x113:
Solid.................................................... 4.47
Chunks................................................... 3.92
Flakes................................................... 3.92
Grated................................................... 3.96
401x206:
Solid.................................................... 8.76
Chunks................................................... 7.68
Flakes................................................... 7.68
Grated................................................... 7.76
603x408:
Solid.................................................... 43.2
Chunks................................................... 37.9
Flakes................................................... 37.9
Grated................................................... 38.3
------------------------------------------------------------------------
If the can size in question is not listed, calculate the value for
column II as follows: From the list select as the comparable can size
that one having nearest the water capacity of the can size in question,
multiply the value listed in column II for the same form of tuna
ingredient by the water capacity of the can size in question, and
divided by the water capacity of the comparable can size. Water
capacities are determined by the general method provided in
Sec. 130.12(a) of this chapter. For the purposes of this section, cans
of dimensions 211x109 shall be deemed to have a water capacity at 68
deg.F of 3.55 avoirdupois ounces of water; cans of dimensions 307x113, a
water capacity of 7.05 avoirdupois ounces of water; cans of dimensions
401x206, a water capacity of 13.80 avoirdupois ounces of water; and cans
of dimensions 603x408, a water capacity of 68.15 avoirdupois ounces of
water.
(2) The methods referred to in paragraph (c)(1) of this section for
determining the weight of the pressed cake and referred to in paragraph
(a)(3)(i) of this section for determining the percent of free flakes and
the percent of pieces that pass through a \1/2\-inch-mesh sieve are as
follows:
(i) Have each of the 24 cans and contents at a temperature of 75
deg.F within 5 deg.F. Test each can in turn as follows:
(ii) Cut out the top of the can (code end), using a can opener that
does not remove nor distort the double seam.
(iii) With the cut top held on the can contents, invert the can, and
drain the free liquid by gentle finger pressure on the cut lid so that
most of the free liquid drains from the can.
(iv) With the cut lid still in place, cut out the bottom of the can
with the can opener, then turn the can upright and remove the cut can
top (code end). Scrape off any adhering tuna particles into the tuna
mass in the can.
(v) Place the proper size of press cylinder as provided in paragraph
(c)(3)(i) of this section in a horizontal position on a table; then,
using the cut bottom of the can as a pusher, gently force the can
contents from the can into the cylinder so that the flat side of the can
contents lies in contact with the bottom of the cylinder. Remove the
bottom of the can that was used as the pusher and scrape any adhering
particles from the can body and bottom of the can, and put them in the
cylinder.
(vi) Place the cylinder plunger on top of the can contents in the
cylinder. Remove the eyebolt and put the cylinder and plunger in
position on the press (paragraph (c)(3)(iii) of this section).
(vii) Begin the operation of the press and as soon as liquid is
observed coming from the cylinder start timing the operation. Apply
pressure to the plunger slowly and at a uniform rate, so that a full
minute is used to reach a pressure of 384 pounds per square inch of
plunger face in contact with the can
[[Page 508]]
contents. Hold this pressure for 1 additional minute and then release
the pressure and disengage the plunger from the press shaft. Tip the
press cylinder so that any free liquid is drained out.
(viii) Remove press cylinder with plunger from the press, insert
eyebolt in plunger and withdraw it from the cylinder. Loosen the pressed
cake from the cylinder with a thin blade and remove the entire pressed
cake as gently as possible, to keep the mass in a single cake during
this operation. Place the pressed cake and any pieces that adhered to
the plunger and cylinder in a tared receiving pan and determine the
weight of the pressed material.
(ix) For cans larger than 401x206, cut out the top of the can and
drain off free liquid from the can contents as in operations described
in paragraphs (c)(2)(ii) and (iii) of this section. Determine the gross
weight of the can and remaining contents. Using a tared core cutter as
provided for in paragraph (c)(3)(ii) of this section, cut vertically a
core of the drained material in the can. Determine the weight of the
core. With a thin spatula transfer the core to the pressing cylinder for
401x206 cans. Determine the weight of the pressed cake as in the
operations described in paragraphs (c)(2)(v) through (viii) of this
section. Remove the remaining drained contents of the can, reserving the
contents for the determination of free flakes (paragraph (c)(2)(xi) of
this section), weigh the empty can, and calculate the weight of the
total drained material. Calculate the weight of pressed cake on the
entire can basis by multiplying the weight of the pressed cake of the
core by the ratio of the weight of the drained contents of the can to
the weight of the core before pressing.
(x) Repeat the determination of weight of pressed cake on the
remainder of the 24 cans and determine the average weight of pressed
cake for the purpose of paragraph (c)(1) of this section.
(xi) Determination of free flakes: If the optional form of tuna
ingredient is solid pack, determine the percent of free flakes. Any
flakes resulting from the operations described in this paragraph
(c)(2)(xi) or in other parts of this paragraph are to be weighed as free
flakes. Only fragments that were broken in the canning procedure are
considered to be free flakes. If the can is of such size that its entire
drained contents were pressed as described in paragraphs (c)(2)(i) to
(viii) of this section, inclusive, examine the pressed cake carefully
for free flakes. Using a spatula, scrape free flakes gently from the
outside of the cake. Weigh the aggregate free flakes that were broken
from the loin segments in the canning procedure and calculate their
percentage of the total weight of pressed cake. If the can is of such
size that a core was cut for pressing as described in paragraph
(c)(2)(ix) of this section, make the examination for free flakes on a
weighed portion of the drained material remaining after the core was
removed. The weight of the portion examined should approximately equal
the weight of the core before pressing. Calculate the weight of the free
flakes that were broken from the loins in the canning procedure as a
percentage of the weight of the portion examined.
(xii) Determination of particle size: If the optional form of tuna
ingredient is chunks, flakes, or grated, the pressed cake resulting from
the operations described in paragraphs (c)(2)(i) to (ix) of this
section, inclusive, is gently separated by hand, care being taken to
avoid breaking the pieces. The separated pieces are evenly distributed
over the top sieve of the screen separation equipment described in
paragraph (c)(3)(iv) of this section. Beginning with the top sieve, lift
and drop each sieve by its open edge three times. Each time, the open
edge of the sieve is lifted the full distance permitted by the device.
Combine and weigh the material remaining on the three top sieves (1\1/
2\-inch, 1-inch, \1/2\-inch screens), and determine the combined
percentage retention by weight in relation to the total weight of the
pressed cake.
(3)(i) The press cylinder and plunger referred to in paragraph
(c)(2) of this section are made of stainless steel. The press cylinders
are made with a lip to facilitate drainage of the liquid. Plungers have
a threaded center hole, about half as deep as the thickness of the
[[Page 509]]
plunger, for receiving a ringbolt to assist in removing the plunger from
the press cylinder. Dimensions for press cylinders and plungers are as
follows:
For can size 211x109
Press cylinder:
Inside depth, approximately 3\3/4\ inches.
Inside diameter, 2.593 inches.
Wall thickness, approximately \3/8\ inch.
Plunger:
Thickness, approximately 1 inch.
Diameter, 2.568 inches.
For can size 307x113
Press cylinder:
Inside depth, approximately 4 inches.
Inside diameter, 3.344 inches.
Wall thickness, approximately \3/8\ inch.
Plunger:
Thickness, approximately 1\1/4\ inches.
Diameter, 3.319 inches.
For can size 401x206
Press cylinder:
Inside depth, approximately 4\1/8\ inches.
Inside diameter, 3.969 inches.
Wall thickness, approximately \1/2\ inch.
Plunger:
Thickness, approximately 1\1/4\ inches.
Diameter, 3.944 inches.
For can sizes where the diameter is greater than 401, the core cutter
described in paragraph (c)(3)(ii) of this section shall be used and the
resulting core pressed in the press cylinder for can size 401x206. For
can sizes differing from those specified in this paragraph (c)(3)(i),
special press cylinders and plungers may be used. Special press less
than the outside diameters, at the cylinders have inside diameters \1/
10\-inch double seam, for the can sizes for which the cylinders are
used; plunger diameters are 0.025-inch less than the inside diameters of
the press cylinders.
(ii) The core cutter referred to in paragraph (c)(2) (ix) and (xi)
of this section and paragraph (c)(3)(i) of this section is made from a
previously sealed 300x407 can. The cover, including the top seam, is cut
out. The edge is smoothed and sharpened. A small hole to permit passage
of air is made in the bottom.
(iii) The hydraulic press referred to in paragraph (c)(2) (vi) to
(x) of this section, inclusive, is made by so mounting a hydraulic jack,
in a strong frame, that it will press horizontally against the center of
the plunger in the press cylinder used. The frame is so braced that it
does not change shape when pressure is applied. The gauge on the
hydraulic jack is so calibrated that it will indicate, for the plunger
being used, when the plunger is pressing against the contents of the
press cylinder with a pressure of 384 pounds per square inch of plunger
face.
(iv) The sieving device referred to in paragraph (c)(2)(xii) of this
section consists of three sieves, each approximately 1 foot square,
loosely mounted, one above the other, in a metal frame. The mesh in the
top sieve complies with the specifications for 1\1/2\-inch woven-wire
cloth as prescribed in paragraph (a)(7) of this section. The meshes in
the sieves below comply with similar specifications for 1-inch and \1/
2\-inch woven-wire cloth as set forth in the same publication. The sides
of each sieve are formed, in a raised rim, from \3/4\-inch x \1/8\-inch
metal strap. The frame has tracks made of \3/8\-inch angle metal to
support each sieve under each side. The tracks are so positioned as to
permit each sieve a free vertical travel of 1\3/4\ inches.
(4) If canned tuna falls below the applicable standard of fill of
container prescribed in paragraph (c)(1) of this section, the label
shall bear the general statement of substandard fill provided in
Sec. 130.14(b) of this chapter, in the manner and form therein
specified.
[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982;
49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 55 FR 45797,
Oct. 31, 1990; 56 FR 6263, Feb. 15, 1991; 58 FR 2884, Jan. 6, 1993; 61
FR 14480, Apr. 2, 1996; 63 FR 14035, Mar. 24, 1998; 66 FR 56035, Nov. 6,
2001]
