Fruit butters, jellies, preserves, and related products (21 CFR 150.110-150.160)

607 Food and Drug Administration, HHS Pt. 150 ingredients specified in paragraph (b)(1) of this section, in a quantity suf ficient to render the food slightly tart; it may contain honey added within the quantitative limits prescribed by para graph (b)(2) of this section; and it may contain added vitamin C in a quantity prescribed by paragraph (b)(3) of this section. Such food is sealed in a con tainer and so processed by heat, before or after sealing, as to prevent spoilage. (b) The optional ingredients referred to in paragraph (a) of this section are: (1) One or any combination of two or more of the following acidifying ingre dients: (i) Lemon juice. (ii) Lime juice. (iii) Citric acid. (2) Honey, in a quantity not less than 2 percent and not more than 3 percent by weight of the finished food. (3) Vitamin C, in a quantity such that the total vitamin C in each 6 fluid ounces of the finished food amounts to not less than 30 milligrams and not more than 50 milligrams. (c)(1) The name of the food is ‘‘Prune juice—a water extract of dried prunes’’. For the purposes of the Federal Food, Drug, and Cosmetic Act concerning the label declaration of the name of the food, the explanatory statement ‘‘A water extract of dried prunes’’ may ap pear immediately below the words ‘‘prune juice’’, but there shall be no in tervening written, printed, or graphic matter, and the type used for the words ‘‘A water extract of dried prunes’’ shall be of the same style and not less than half the print size of the type used for the words ‘‘prune juice’’. (2)(i) When one or more of the acidifying ingredients specified in paragraph (b)(1) of this section are used, the label shall bear the statement ‘‘lll added’’ or ‘‘with added lll’’, the blank being filled in with the name or names of the optional ingredients used. (ii) When honey, as specified in para graph (b)(2) of this section, is used the label shall bear the statement ‘‘with lll honey’’ or ‘‘lll honey added’’, the blank to be filled in with the per cent by weight of the honey in the fin ished food or with the statement ‘‘be tween 2 and 3%’’. (iii) When one or more of the ingredi ents designated in paragraph (b)(1) of this section and the ingredient des ignated in paragraph (b)(2) of this sec tion are used, the statements specified in paragraphs (c)(2) (i) and (ii) of this section may be combined, as for exam ple, ‘‘with lemon juice and between 2 and 3% honey added’’. (iv) When vitamin C is added as pro vided in paragraph (b)(3) of this sec tion, it shall be designated on the label as ‘‘vitamin C added’’ or ‘‘with added vitamin C’’. (3) Wherever the name of the food ap pears on the label so conspicuously as to be easily seen under customary con ditions of purchase, the words specified in this paragraph, showing the optional ingredients used, shall immediately and conspicuously precede or follow such name, without intervening writ ten, printed, or graphic matter. (d) 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. [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2882, Jan. 6, 1993] PART 150—FRUIT BUTTERS, JELLIES, PRESERVES, AND RELATED PROD UCTS Subpart A [Reserved] Subpart B—Requirements for Specific Standardized Fruit Butters, Jellies, Pre serves, and Related Products Sec. 150.110 Fruit butter. 150.140 Fruit jelly. 150.160 Fruit preserves and jams. AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371, 379e. SOURCE: 42 FR 14445, Mar. 15, 1977, unless otherwise noted. Subpart A [Reserved] VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00617 Fmt 8010 Sfmt 8006 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 608 21 CFR Ch. I (4–1–16 Edition) § 150.110 Subpart B—Requirements for Spe cific Standardized Fruit But ters, Jellies, Preserves, and Related Products § 150.110 Fruit butter. (a) The fruit butters for which defini tions and standards of identity are pre scribed by this section are the smooth, semisolid foods each of which is made from a mixture of one or a permitted combination of the optional fruit in gredients specified in paragraph (b) of this section and one or any combina tion of the optional ingredients speci fied in paragraph (c) of this section, which meets the specifications in para graph (d) of this section, and which is labeled in accordance with paragraph (e) of this section. Such mixture is con centrated with or without heat. The volatile flavoring materials or essence from such mixture may be captured during concentration, separately con centrated, and added back to any such mixture, together with any con centrated essence accompanying any optional fruit ingredient. (b)(1) Each of the optional fruit in gredients referred to in paragraph (a) of this section is prepared by cooking one of the following fresh, frozen, canned, and/or dried (evaporated) ma ture fruits, with or without added water, and screening out skins, seeds, pits, and cores: FACTOR REFERRED TO IN PARAGRAPH (D)(2) OF THIS SECTION Name of fruit Apple .............................................................................. 7.5 Apricot ............................................................................ 7.0 Grape ............................................................................. 7.0 Peach ............................................................................. 8.5 Pear ............................................................................... 6.5 Plum (other than prune) ................................................ 7.0 Prune ............................................................................. 7.0 Quince ........................................................................... 7.5 (2) The permitted combinations are of two, three, four, and five of the fruit ingredients specified in paragraph (b)(1) of this section; the weight of each is not less than one-fifth of the weight of the combination. Each such fruit in gredient in any such combination is an optional ingredient. (c) The following safe and suitable optional ingredients may be used: (1) Nutritive carbohydrate sweet eners. (2) Spice. (3) Flavoring (other than artificial flavoring). (4) Salt. (5) Acidifying agents. (6) Fruit juice or diluted fruit juice or concentrated fruit juice, in a quan tity not less than one-half the weight of the optional fruit ingredient. (7) Preservatives. (8) Antifoaming agents except those derived from animal fats. (9) Pectin, in a quantity which rea sonably compensates for deficiency, if any, of the natural pectin content of the fruit ingredient. (d) For the purposes of this section: (1) The mixture referred to in para graph (a) of this section shall contain not less than five parts by weight of the fruit ingredient as measured in ac cordance with paragraph (d)(2) of this section to each two parts by weight of nutritive carbohydrate sweetener as measured in accordance with para graph (d)(4) of this section. (2) Any requirement with respect to the weight of any optional fruit ingre dient, whether concentrated, unconcentrated, or diluted, means the weight determined by the following method: (i) Determine the percent of soluble solids in the optional fruit in gredient by the method for soluble sol ids referred to in paragraph (d)(3) of this section; (ii) multiply the percent so found by the weight of such fruit in gredient; (iii) divide the result by 100; (iv) subtract from the quotient the weight of any nutritive sweetener sol ids or other added solids; and (v) mul tiply the remainder by the factor for such ingredient prescribed in para graph (b)(1) of this section. The result is the weight of the optional fruit in gredient. (3) The soluble solids content of the finished fruit butter is not less than 43 percent, as determined by the method prescribed in ‘‘Official Methods of Analysis of the Association of Official Analytical Chemists’’ (AOAC), 13th Ed. (1980), section 22.024, under ‘‘Soluble Solids by Refractometer in Fresh and Canned Fruits, Fruit Jellies, Mar malades, and Preserves—Official Final VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00618 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 609 Food and Drug Administration, HHS § 150.140 Action,’’ which is incorporated by ref erence, except that no correction is made for water-insoluble solids. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. (4) The weight of any nutritive carbo hydrate sweetener means the weight of the solids of such ingredient. (5) The weight of fruit juice or di luted fruit juice or concentrated fruit juice (optional ingredient, paragraph (c)(6)) from a fruit specified in para graph (b)(1) of this section is the weight of such juice, as determined by the method prescribed in paragraph (d)(2) of this section, except that the percent of soluble solids is determined by the method prescribed in the AOAC, 13th Ed. (1980), section 31.011, under ‘‘Solids by Means of Refractometer— Official Final Action,’’ which is incor porated by reference; the weight of di luted concentrated juice from any other fruits is the original weight of the juice before it was diluted or con centrated. The availability of this in corporation by reference is given in paragraph (d)(3) of this section. (e)(1) Label declaration. Each of the ingredients 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) In case the fruit butter is made from a single fruit ingredient, the name is ‘‘Butter’’, preceded by the name where by such fruit is designated in paragraph (b)(1) of this section. (ii) In case the fruit butter is made from a combination of two, three, four, or five fruit ingredients, the name is ‘‘Butter’’, preceded by the words ‘‘Mixed fruit’’ or by the names whereby such fruits are designated in paragraph (b)(1) of this section, in the order of predominance, if any, of the weight of such fruit ingredients in the combina tion. (2) Each of the optional ingredients specified in paragraphs (b) and (c) of this section shall be declared on the label as required by the applicable sec tions of part 101 of this chapter, except that: (i) Other than in the case of dried (evaporated) fruit the name(s) of the fruit or fruits used may be declared without specifying the particular form of the fruit or fruits used. When the op tional fruit ingredient is prepared in whole or in part from dried fruit, the label shall bear the words ‘‘prepared from’’ or ‘‘prepared in part from’’, as the case may be, followed by the word ‘‘evaporated’’ or ‘‘dried’’, followed by the name whereby such fruit is des ignated in paragraph (c) of this section. When two or more such optional fruit ingredients are used, such names, each preceded by the word ‘‘evaporated’’ or ‘‘dried’’, shall appear in the order of predominance, if any, of the weight of such ingredients in the combination. (ii) [Reserved] [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] § 150.140 Fruit jelly. (a) The jellies for which definitions and standards of identity are pre scribed by this section are the jelled foods each of which is made from a mixture of one or a permitted combina tion of the fruit juice ingredients speci fied in paragraph (b) of this section and one or any combination of the optional ingredients specified in paragraph (c) of this section, which meets the speci fications in paragraph (d) of this sec tion and which is labeled in accordance with paragraph (e) of this section. Such mixture is concentrated with or with out heat. The volatile flavoring mate rials or essence from such mixture may be captured during concentration, sep arately concentrated, and added back to any such mixture, together with any concentrated essence accompanying any optional fruit ingredient. (b)(1) Each of the fruit juice ingredi ents referred to in paragraph (a) of this section is the filtered or strained liquid extracted with or without the applica tion of heat and with or without the addition of water, from one of the fol lowing mature, properly prepared VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00619 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 610 21 CFR Ch. I (4–1–16 Edition) § 150.140 fruits which are fresh, frozen and/or canned: FACTOR REFERRED TO IN PARAGRAPH (D)(2) OF THIS SECTION Name of fruit Apple .............................................................................. 7.5 Apricot ............................................................................ 7.0 Blackberry (other than dewberry) .................................. 10.0 Black raspberry .............................................................. 9.0 Boysenberry ................................................................... 10.0 Cherry ............................................................................ 7.0 Crabapple ...................................................................... 6.5 Cranberry ....................................................................... 9.5 Damson, damson plum ................................................. 7.0 Dewberry (other than boysenberry, loganberry, and youngberry) ................................................................ 10.0 Fig .................................................................................. 5.5 Gooseberry .................................................................... 12.0 Grape ............................................................................. 7.0 Grapefruit ....................................................................... 11.0 Greengage, greengage plum ........................................ 7.0 Guava ............................................................................ 13.0 Loganberry ..................................................................... 9.5 Orange ........................................................................... 8.0 Peach ............................................................................. 8.5 Pineapple ....................................................................... 7.0 Plum (other than damson, greengage, and prune) ....... 7.0 Pomegranate ................................................................. 5.5 Prickly pear .................................................................... 11.0 Quince ........................................................................... 7.5 Raspberry, red raspberry .............................................. 9.5 Red currant, currant (other than black currant) ............ 9.5 Strawberry ..................................................................... 12.5 Youngberry .................................................................... 10.0 (2) The permitted combinations are of two, three, four, or five of the fruit juice ingredients specified in paragraph (b)(1) of this section, the weight of each is not less than one-fifth of the weight of the combination. Each such fruit juice ingredient in any such combina tion is an optional ingredient. (c) The following safe and suitable optional ingredients may be used: (1) Nutritive carbohydrate sweet eners. (2) Spice. (3) Acidifying agents. (4) Pectin, in a quantity which rea sonably compensates for deficiency, if any, of the natural pectin content of the fruit juice ingredient. (5) Buffering agents. (6) Preservatives. (7) Antifoaming agents except those derived from animal fats. (8) Mint flavoring and artificial green coloring, in case the fruit juice ingre dient or combination of fruit juice in gredients is extracted from apple, crabapple, pineapple, or two or all of such fruits. (9) Cinnamon flavoring, other than artificial flavoring, and artificial red coloring in case the fruit juice ingre dient or combination of fruit juice in gredients is extracted from apple or crabapple or both such fruits. (d) For the purposes of this section: (1) The mixture referred to in para graph (a) of this section shall contain not less than 45 parts by weight of the fruit juice ingredients as measured in accordance with paragraph (d)(2) of this section to each 55 parts by weight of saccharine ingredient as measured in accordance with paragraph (d)(4) of this section. (2) Any requirement with respect to the weight of any fruit juice ingre dient, whether prepared from con centrated, unconcentrated, or diluted fruit juice means the weight deter mined by the following method: (i) De termine the percent of soluble solids in such fruit juice ingredient by the method for soluble solids referred to in paragraph (d)(3) of this section; (ii) multiply the percent so found by the weight of such fruit juice ingredient; (iii) divide the result by 100; (iv) sub tract from the quotient the weight of any added saccharine ingredient solids or other added solids; and (v) multiply the remainder by the factor for such fruit juice ingredient prescribed in paragraph (b) of this section. The re sult is the weight of the fruit juice in gredient. (3) The soluble-solids content of the finished jelly is not less than 65 per cent, as determined by the method pre scribed in ‘‘Official Methods of Anal ysis of the Association of Official Ana lytical Chemists,’’ 13th Ed. (1980), sec tion 31.011, under ‘‘Solids by Means of Refractometer—Official Final Action,’’ which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00620 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 611 Food and Drug Administration, HHS § 150.160 (4) The weight of any optional sac charine ingredient means the weight of the solids of such ingredient. (e)(1) The name of each jelly for which a definition and standard of identity is prescribed by this section is as follows: (i) In case the jelly is made with a single fruit juice ingredient, the name is ‘‘Jelly’’, preceded or followed by the name or synonym whereby the fruit from which such fruit juice ingredient was extracted is designated in para graph (b) of this section. (ii) In case the jelly is made with a combination of two, three, four, or five fruit juice ingredients, the name is ‘‘Jelly’’, preceded or followed by the words ‘‘Mixed fruit’’ or by the names or synonyms whereby the fruits from which the fruit juice ingredients were extracted are designated in paragraph (b) of this section, in the order of pre dominance, if any, of the weights of any such fruit juice ingredients in the combination. (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 jellies to which they are custom arily, but not always, added to com pensate for natural variations in the fruit juice 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] § 150.160 Fruit preserves and jams. (a) The preserves or jams for which definitions and standards of identity are prescribed by this section are the viscous or semi-solid foods, each of which is made from a mixture com posed of one or a permitted combina tion of the fruit ingredients specified in paragraph (b) of this section and one or any combination of the optional in gredients specified in paragraph (c) of this section which meets the specifica tions in paragraph (d) of this section, and which is labeled in accordance with paragraph (e) of this section. Such mix ture, with or without added water, is concentrated with or without heat. The volatile flavoring material from such mixture may be captured during con centration, separately concentrated, and added back to any such mixture, together with any concentrated es sence accompanying any optional fruit ingredient. (b)(1) The fruit ingredients referred to in paragraph (a) of this section are the following mature, properly pre pared fruits which are fresh, con centrated, frozen and/or canned: GROUP I Blackberry (other than dewberry), Black raspberry, Blueberry, Boysenberry, Cherry, Crabapple, Dewberry (other than boysen berry, loganberry, and youngberry) Elder berry, Grape, Grapefruit, Huckleberry, Lo ganberry, Orange, Pineapple, Raspberry, red raspberry, Rhubarb, Strawberry, Tangerine, Tomato, Yellow tomato, Youngberry GROUP II Apricot, Cranberry, Damson, damson plum, Fig, Gooseberry, Greengage, greengage plum, Guava, Nectarine, Peach, Pear, Plum (other than greengage plum and damson plum), Quince, Red currant, currant (other than black currant) (2) The following combinations of fruit ingredients may be used: (i) Any combination of two, three, four, or five of such fruits in which the weight of each is not less than one-fifth of the weight of the combination; ex cept that the weight of pineapple may be not less than one-tenth of the weight of the combination. (ii) Any combination of apple and one, two, three, or four of such fruits in which the weight of each is not less than one-fifth and the weight of apple is not more than one-half of the weight of the combination; except that the weight of pineapple may be not less than one-tenth of the weight of the combination. In any combination of two, three, four, or five fruits, each such fruit is an op tional ingredient. For the purposes of this section the word ‘‘fruit’’ includes VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00621 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 612 21 CFR Ch. I (4–1–16 Edition) § 150.160 the vegetables specified in this para graph. (c) The following safe and suitable optional ingredients may be used: (1) Nutritive carbohydrate sweet eners. (2) Spice. (3) Acidifying agents. (4) Pectin, in a quantity which rea sonably compensates for deficiency, if any, of the natural pectin content of the fruit ingredient. (5) Buffering agents. (6) Preservatives. (7) Antifoaming agents, except those derived from animal fat. (d) For the purposes of this section: (1) The mixture referred to in para graph (a) of this section shall be com posed of not less than: (i) In the case of a fruit ingredient consisting of a Group I fruit or a permitted combination ex clusively of Group I fruits, 47 parts by weight of the fruit ingredient to each 55 parts by weight of the saccharine in gredient; and (ii) in all other cases, 45 parts by weight of the fruit ingredient to each 55 parts by weight of the sac charine ingredient. The weight of the fruit ingredient shall be determined in accordance with paragraph (d)(2) of this section, and the weight of the sac charine ingredient shall be determined in accordance with paragraph (d)(5) of this section. (2) Any requirement with respect to the weight of any fruit, combination of fruits, or fruit ingredient means: (i) The weight of fruit exclusive of the weight of any sugar, water, or other substance added for any proc essing or packing or canning, or other wise added to such fruit. (ii) In the case of fruit prepared by the removal, in whole or in part, of pits, seeds, skins, cores, or other parts; the weight of such fruit, exclusive of the weight of all such substances re moved therefrom. (iii) In the cases of apricots, cherries, grapes, nectarines, peaches, and all va rieties of plums, whether or not pits and seeds are removed therefrom; the weight of such fruit, exclusive of the weight of such pits and seeds. (iv) In the case of concentrated fruit, the weight of the properly prepared fresh fruit used to produce such con centrated fruit. (3) The term concentrated fruit means a concentrate made from the properly prepared edible portion of mature fresh or frozen fruits by removal of moisture with or without the use of heat or vac uum, but not to the point of drying. Such concentrate is canned or frozen without the addition of sugar or other sweetening agents and is identified to show or permit the calculation of the weight of the properly prepared fresh fruit used to produce any given quan tity of such concentrate. The volatile flavoring material or essence from such fruits may be captured during concentration and separately con centrated for subsequent addition to the concentrated fruit either directly or during manufacture of the preserve or jam, in the original proportions present in the fruit. (4) The weight of any optional sac charine ingredient means the weight of the solids of such ingredient. (5) The soluble-solids content of the finished jam or preserve is not less than 65 percent, as determined by the method prescribed in ‘‘Official Methods of Analysis of the Association of Offi cial Analytical Chemists,’’ 13th Ed. (1980), section 22.024, under ‘‘Soluble Solids by Refractometer in Fresh and Canned Fruits, Jellies, Marmalades, and Preserves—Official Final Action,’’ which is incorporated by reference, ex cept that no correction is made for water-insoluble solids. Copies may be obtained from the AOAC INTER NATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Ar chives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. (e)(1) The name of each preserve or jam for which a definition and standard of identity is prescribed by this section is as follows: (i) If the fruit ingredient is a single fruit, the name is ‘‘Preserve’’ or ‘‘Jam’’, preceded or followed by the name or synonym whereby such fruit is designated in paragraph (b) of this sec tion. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00622 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 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