Fruit pies (21 CFR 152.126)

613 Food and Drug Administration, HHS § 152.126 (ii) If the fruit ingredient is a com bination of two, three, four, or five fruits, the name is ‘‘Preserve’’ or ‘‘Jam’’, preceded or followed by the words ‘‘Mixed fruit’’ or by the names or synonyms whereby such fruits are des ignated in paragraph (b) of this section, in the order of predominance, if any, of the weights of such fruits in the com bination. (2) Label declaration. Each of the in gredients used in the food shall be de clared on the label as required by the applicable sections of parts 101 and 130 of this chapter, except that: (i) The name(s) of the fruit or fruits used may be declared without speci fying the particular form of the fruit or fruits used. (ii) When the optional ingredients listed in paragraphs (c) (3), (4), and (5) of this section are declared on the label, the declaration may be followed by the statement ‘‘used as needed’’ on all preserves or jams to which they are customarily, but not always, added to compensate for natural variations in the fruit ingredients used. [42 FR 14445, Mar. 15, 1977, as amended at 47 FR 11831, Mar. 19, 1982; 49 FR 10101, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] PART 152—FRUIT PIES AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, 379e. Subpart A [Reserved] Subpart B—Requirements for Specific Standardized Fruit Pies § 152.126 Frozen cherry pie. (a) Identity. (1) Frozen cherry pie (ex cluding baked and then frozen) is the food prepared by incorporating in a filling contained in a pastry shell ma ture, pitted, stemmed cherries that are fresh, frozen, and/or canned. The top of the pie may be open or it may be whol ly or partly covered with pastry or other suitable topping. Filling, pastry, and topping components of the food consist of optional ingredients as pre scribed by paragraph (a)(2) of this sec tion. The finished food is frozen. (2) The optional ingredients referred to in paragraph (a)(1) of this section consist of suitable substances that are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act or color additives as de fined in section 201(t) of the act; or if they are food additives or color addi tives as so defined, they are used in conformity with regulations estab lished pursuant to section 409 or 721 of the act. Ingredients that perform a use ful function in the formulation of the filling, pastry, and topping compo nents, when used in amounts reason ably required to accomplish their in tended effect, are regarded as suitable except that artificial sweeteners are not suitable ingredients of frozen cher ry pie. (3) The name of the food for which a definition and standard of identity is established by this section is frozen cherry pie; however, if the maximum diameter of the food (measured across opposite outside edges of the pastry shell) is not more than 4 inches, the food alternatively may be designated by the name frozen cherry tart. The word ‘‘frozen’’ may be omitted from the name on the label if such omission is not misleading. (4)(i) Label declaration. Each of the in gredients used in the food shall be de clared on the label as required by the applicable sections of parts 101 and 130 of this chapter. (ii) The label shall not bear any mis leading pictorial representation of the cherries in the pie. (b) Quality. (1) The standard of qual ity for frozen cherry pie is as follows: (i) The fruit content of the pie is such that the weight of the washed and drained cherry content is not less than 25 percent of the weight of the pie when determined by the procedure prescribed by paragraph (b)(2) of this section. (ii) Not more than 15 percent by count of the cherries in the pie are blemished with scab, hail injury, dis coloration, scar tissue, or other abnor mality. A cherry showing skin discol oration (other than scald) having an aggregate area exceeding that of a cir cle nine thirty-seconds of an inch in di ameter is considered to be blemished. A cherry showing discoloration of any VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00623 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 614 21 CFR Ch. I (4–1–16 Edition) Pt. 155 area but extending into the fruit tissue is also considered to be blemished. (2) Compliance with the requirement for the weight of the washed and drained cherry content of the pie, as prescribed by paragraph (b)(1)(i) of this section, is determined by the following procedure: (i) Select a random sample from a lot: (a) At least 24 containers if they bear a weight declaration of 16 ounces or less. (b) Enough containers to provide a total quantity of declared weight of at least 24 pounds if they bear a weight declaration of more than 16 ounces. (ii) Determine net weight of each fro zen pie. (iii) Temper the pie until the top crust can be removed. (iv) Remove the filling and cherries from the pie and transfer to the surface of a previously weighed 12-inch diame ter U.S. No. 8 sieve (0.094-inch open ings) stacked on a U.S. No. 20 sieve (0.033-inch openings). (v) Distribute evenly over the surface and wash with a gentle spray of water at 70°–75 °F to free the cherries and cherry fragments from the adhering material. (vi) Remove the U.S. No. 8 sieve and examine the U.S. No. 20 sieve and transfer all cherry fragments to the U.S. No. 8 sieve. (vii) Drain the cherry contents on the No. 8 sieve for 2 minutes in an inclined position (15°–30° slope). Weigh the U.S. No. 8 sieve and the washed and drained cherries to the nearest 0.01 ounce. (viii) The weight of the washed and drained cherries is the weight of the sieve and the cherry material less the weight of the sieve. Calculate the per cent of the cherry content of each pie with the following formula, and then calculate the average percent of the entire random sample: Percent of the cherry content of the pie = [(Weight of washed and drained cherries) / (Net weight of pie)] × 100. (3) If the quality of the frozen cherry pie falls below the standard of quality prescribed by paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality spec ified in § 130.14(a) of this chapter, in the manner and form specified therein; but in lieu of the words prescribed for the second line inside the rectangle, the label may bear the alternative state ment ‘‘Below standard in quality llllll’’, the blank being filled in with the following words, as applicable: ‘‘too few cherries’’, or ‘‘blemished cher ries’’. Such alternative statement shall immediately and conspicuously pre cede or follow, without intervening written, printed, or graphic matter, the name of the food as prescribed by para graph (a) of this section. [42 FR 14449, Mar. 15, 1977, as amended at 58 FR 2882, Jan. 6, 1993] PART 155—CANNED VEGETABLES Subpart A—General Provisions Sec. 155.3 Definitions. Subpart B—Requirements for Specific Standardized Canned Vegetables 155.120 Canned green beans and canned wax beans. 155.130 Canned corn. 155.131 Canned field corn. 155.170 Canned peas. 155.172 Canned dry peas. 155.190 Canned tomatoes. 155.191 Tomato concentrates. 155.194 Catsup. 155.200 Certain other canned vegetables. 155.201 Canned mushrooms. AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, 379e. SOURCE: 42 FR 14449, Mar. 15, 1977, unless otherwise noted. Subpart A—General Provisions § 155.3 Definitions. For the purposes of this part: (a) The procedure for determining drained weight is set forth in the ‘‘Of ficial Methods of Analysis of the Asso ciation of Official Analytical Chem ists,’’ 13th Ed. (1980), sections 32.001– 32.003, which is incorporated by ref erence. Copies are available from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or available for inspection at the National Archives and Records Ad ministration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00624 Fmt 8010 Sfmt 8010 Q:\21\21V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B