Frozen vegetables (21 CFR 158.3-158.170)

639 Food and Drug Administration, HHS Pt. 158 acid. The juice may have been con centrated and later reconstituted with water and/or tomato juice to a tomato soluble solids content of not less than 5.0 percent by weight as determined by the method prescribed in § 156.3(b). The food is preserved by heat sterilization (canning), refrigeration, or freezing. When sealed in a container to be held at ambient temperatures, it is so proc essed by heat, before or after sealing, as to prevent spoilage. (2) Labeling. (i) The name of the food is: (a) ‘‘Tomato juice’’ if it is prepared from unconcentrated undiluted liquid extracted from mature tomatoes of reddish varieties. (b) ‘‘Tomato juice from concentrate’’ if the finished juice has been prepared from concentrated tomato juice as specified in paragraph (a)(1) of this sec tion or if the finished juice is a mixture of tomato juice and tomato juice from concentrate. (ii) 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. (b) Quality. (1) The standard of qual ity for tomato juice is as follows: (i) The strength and redness of color is not less than the composite color produced by spinning the Munsell color discs in the following combination: 53 percent of the area of Disc 1; 28 percent of the area of Disc 2; and 19 percent of the area of either Disc 3 or Disc 4; or 91⁄2 percent of the area of Disc 3 and 91⁄2 percent of the area of Disc 4, whichever most nearly matches the appearance of the tomato juice. (ii) Not more than two defects for peel and blemishes, either singly or in combination, in addition to three de fects for seeds or pieces of seeds, de fined as follows, per 500 milliliters (16.9 fluid ounces): (a) Pieces of peel 3.2 millimeters (0.125 inch) or greater in length. (b) Blemishes such as dark brown or black particles (specks) greater than 1.6 millimeters (0.0625 inch) in length. (c) Seeds or pieces of seeds 3.2 milli meters (0.125 inch) or greater in length. (2) Methodology. (i) Determine strength and redness of color as speci fied in § 156.3(a). (ii) Examine a total of 500 milliliters for peel, blemishes, and seeds. Divide the 500-milliliter sample into two 250 milliliter aliquots and pour each ali quot onto separate 30.5 × 45.7 centi meters (12 × 18 inches) white grading trays. Remove defects and evaluate for color and size as defined in paragraph (b)(1)(ii) of this section. (3) Determine compliance as specified in § 156.3(d). (4) If the quality of the tomato juice falls below the standard prescribed in paragraph (b)(1) and (3) of this section, the label shall bear the general state ment of substandard quality specified in § 130.14(a) of this chapter, in the manner and form therein specified, but in lieu of such general statement of substandard quality when the quality of the tomato juice falls below the standard in one or more respects, the label may bear the alternative state ment, ‘‘Below Standard in Quality lll’’, the blank to be filled in with the words specified after the cor responding paragraph (s) under para graph (b)(1) of this section which such tomato juice fails to meet, as follows: (i) ‘‘Poor color’’. (ii)(a) ‘‘Excessive pieces of peel’’. (b) ‘‘Excessive blemishes’’. (c) ‘‘Excessive seeds’’ or ‘‘excessive pieces of seed’’. (c) Fill of container. (1) The standard of fill of container for tomato juice, as determined by the general method for fill of container prescribed in § 130.12(b) of this chapter, is not less than 90 per cent of the total capacity, except when the food is frozen. (2) Determine compliance as specified in § 156.3(d). (3) If the tomato juice falls below the standard of fill prescribed in paragraph (c)(1) and (2) of this section, the label shall bear the general statement of substandard fill specified in § 130.14(b) of this chapter, in the manner and form therein prescribed. [48 FR 3957, Jan. 28, 1983, as amended at 58 FR 2883, Jan. 6, 1993] PART 158—FROZEN VEGETABLES Subpart A—General Provisions Sec. 158.3 Definitions. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00649 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 640 21 CFR Ch. I (4–1–16 Edition) § 158.3 Subpart B—Requirements for Specific Standardized Frozen Vegetables 158.170 Frozen peas. AUTHORITY: 21 U.S.C. 321, 341, 343, 348, 371. Subpart A—General Provisions § 158.3 Definitions. For the purposes of this part the fol lowing definitions shall apply: (a) Lot. A collection of primary con tainers 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 (pounds when in bulk) in the lot. (c) Sample size. The total number of sample units drawn for examination from a lot. (d) Sample unit. A container, a por tion 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 the sam ple unit does not meet the criteria set forth in the standards. (f) Acceptance number. The maximum number of defective sample units per mitted in the sample in order to con sider the lot as meeting the specified requirements. The following accept ance numbers shall apply: Lot size (primary container) Size container 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) Number of Pounds 20,000 or less .................................... 13 2 More than 20,000 to 100,000 ............ 21 3 More than 100,000 to 200,000 .......... 29 4 More than 200,000 to 400,000 .......... 48 6 More than 400,000 to 600,000 .......... 84 9 More than 600,000 to 1,000,000 ....... 126 13 More than 1,000,000 ......................... 200 19 1 n = number of sample units. 2 c = acceptance number. (g) Acceptable quality level (AQL). The maximum percent of defective sample units permitted in a lot that will be ac cepted approximately 95 percent of the time. [42 FR 14461, Mar. 15, 1977] Subpart B—Requirements for Spe cific Standardized Frozen Vegetables § 158.170 Frozen peas. (a) Identity—(1) Product definition. Frozen peas is the food in ‘‘package’’ form as that term is defined in § 1.20 of this chapter, prepared from the suc culent seed of the pea plant of the spe cies Pisum sativum L. Any suitable vari ety of pea may be used. It is blanched, drained, and preserved by freezing in such a way that the range of tempera ture of maximum crystallization is passed quickly. The freezing process shall not be regarded as complete until the product temperature has reached ¥18 °C (0 °F) or lower at the thermal center, after thermal stabilization. Such food may contain one, or any combination of two or more, of the fol lowing safe and suitable optional ingre dients: (i) Natural and artificial flavors. (ii) Condiments such as spices and mint leaves. (iii) Dry nutritive carbohydrate sweeteners. (iv) Salt. (v) Monosodium glutamate and other glutamic acid salts. (2) Size specifications. If size graded, frozen peas shall contain not less than 80 percent by weight of peas of the size declared or of smaller sizes. The sam ple unit may not contain more than 20 percent by weight of peas of the next two larger sizes, of which not more than one quarter by weight of such peas may be of the larger of these two sizes, and may contain no peas larger than the next two larger sizes, if such there be. The following sizes and des ignations shall apply: Size designation Round hole sieve size through which peas will pass Millimeters Inch Extra small ..................... Up to 7.5 ....................... 0.295 Very small ...................... Up to 8.2 ....................... .32 Small .............................. Up to 8.75 ..................... .34 VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00650 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 641 Food and Drug Administration, HHS § 158.170 Size designation Round hole sieve size through which peas will pass Millimeters Inch Medium .......................... Up to 10.2 ..................... .40 Large .............................. Over 10.2 ...................... .40 (3) Labeling. The name of the product is ‘‘peas’’. The term ‘‘early’’, ‘‘June’’, or ‘‘early June’’ shall precede or follow the name in the case of smooth-skin or substantially smooth-skin peas, such as Alaska-type peas. Where the peas are of sweet green wrinkled varieties, the name may include the designation ‘‘sweet’’, ‘‘green’’, ‘‘wrinkled’’, or any combination thereof. The label shall contain the words ‘‘frozen’’ or ‘‘quick frozen’’. The name of the food shall in clude a declaration of any flavoring that characterizes the product as speci fied in § 101.22 of this chapter and a dec laration of any condiment such as spices and mint leaves that character izes the product, e.g., ‘‘Spice added’’. Where a statement of pea size is made, such statement shall indicate either the size designation as specified in paragraph (a)(2) of this section or the applicable sieve size. However, the op tional descriptive words ‘‘petite’’ or ‘‘tiny’’ may be used in conjunction with the product name when an aver age of 80 percent or more of the peas will pass through a circular opening of a diameter of 8.75 mm (0.34 in) or less for sweet green wrinkled peas and 8.2 mm (0.32 in) for smooth-skin or sub stantially smooth-skin peas, such as Alaska-type peas. (4) 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. (b) Quality. (1) The standard of qual ity for frozen peas is as follows: (i) Not more than 4 percent by weight blond peas, i.e., yellow or white but ed ible peas; (ii) Not more than 10 percent by weight blemished peas, i.e., slightly stained or spotted peas; (iii) Not more than 2 percent by weight seriously blemished peas, i.e., peas that are hard, shrivelled, spotted, discolored or otherwise blemished to an extent that the appearance or eating quality is seriously affected. (iv) Not more than 15 percent by weight pea fragments, i.e., portions of peas, separated or individual cotyledons, crushed, partial or broken cotyledons and loose skins, but exclud ing entire intact peas with skins de tached; (v) Not more than 0.5 percent by weight, or more than 12 sq cm (2 sq in) in area, extraneous vegetable material, i.e., vine or leaf or pod material from the pea plant or other such material per sample unit as defined in paragraph (b) of this section. (vi) The sum of the pea material de scribed in paragraphs (b)(1) (i), (ii), (iii), and (iv) of this section shall not exceed 15 percent. (vii) For peas that meet the organoleptic and analytical character istics of sweet green wrinkled vari eties: (a) The alcohol-insoluble solids may not be more than 19 percent based on the procedure set forth in paragraph (b)(3) of this section. (b) Not more than 15 percent by count of the peas may sink in a solu tion containing 16 percent salt by weight according to the brine flotation test set forth in paragraph (b)(4) of this section; (viii) For smooth-skin or substan tially smooth-skin varieties the alco hol insoluble solids may not be more than 23 percent based on the procedure set forth in paragraph (b)(3) of this sec tion. (ix) The quality of a lot shall be con sidered acceptable when the number of defectives does not exceed the accept ance number in the sampling plans set forth in § 158.3(f). (2) The sample unit for determining compliance with the requirements of paragraph (b)(1) of this section other than those of paragraphs (b)(1)(vii)(a) and (b)(1)(viii) of this section, shall be 500 g (17.6 oz). For the determination of alcohol-insoluble solids as specified in paragraph (b)(3) of this section, the container may be the sample unit. (3) Alcohol-insoluble solids determina tion. (i) Extracting solutions: (a) One hundred parts of ethanol de natured with five parts of methanol volume to volume (formula 3A dena tured alcohol), or VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00651 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 642 21 CFR Ch. I (4–1–16 Edition) Pt. 160 (b) A mixture of 95 parts of formula 3A denatured alcohol and five parts of isopropanol v/v. (ii) Eighty percent alcohol (8 liters of extracting solutions, specified in para graph (b)(3)(i) (a) or (b) of this section, diluted to 9.5 liters with water). (iii) Drying dish—a flat-bottom dish with a tight fitting cover. (iv) Drying oven—a properly venti lated oven thermostatically controlled at 100±2 °C. (v) Procedure—Transfer frozen con tents of package to plastic bag; tie bag securely and immerse in water bath with continuous flow at room tempera ture. Avoid agitation of bag during thawing by using clamps or weights. When sample completely thaws, re move bag, blot off adhering water, and transfer peas to U.S. No. 8 sieve, using (20 cm.) size for container of less than 3 lb. net weight and (30.5 cm.) for larger quantities. Without shifting peas, in cline sieve to aid drainage, drain 2 min utes. With cloth wipe surplus water from lower screen surface. Weigh 250 g. of peas into high-speed blender, add 250 g. of water and blend to smooth paste. For less than 250 g. sample, use entire sample with equal weight of water. Weight 20 g.±10 mg. of the paste into 250 ml. distillation flask, add 120 ml. of extracting solutions specified in para graph (b)(3)(i) (a) or (b) of this section, and reflux 30 minutes on steam or water bath or hotplate. Fit into a buchner funnel a filter paper of appro priate size (previously prepared by dry ing in flatbottom dish for 2 hours in drying oven, covering, cooling in desic cator, and weighing). Apply vacuum to buchner funnel and transfer contents of beaker so as to avoid running over edge of paper. Aspirate to dryness and wash material on filter with 80 percent alco hol until washings are clear and color less. Transfer paper and alcohol-insol uble solids to drying dish used to pre pare paper, dry uncovered for 2 hours in drying oven, cover, cool in desic cator, and weigh at once. From this weight deduct weight of dish, cover, and paper. Calculate percent by weight of alcohol-insoluble solids. (4) Brine flotation test. (i) Expla nation—The brine flotation test uti lizes salt solutions of various specific gravities to separate the peas accord ing to maturity. The brine solutions are based on the percentage by weight of pure salt (NaCl) in solution at 20 °C. In making the test the brine solutions are standardized to the proper specific gravity equivalent to the specified ‘‘percent of salt solutions at 20 °C’’ by using a salometer spindle accurately calibrated at 20 °C. A 250 ml glass beak er or similar receptacle is filled with the brine solution to a depth of ap proximately 50 mm. The brine solution and sample (100 peas per container) must be at the same temperature and should closely approximate 20 °C. (ii) Procedure—After carefully re moving the skins from the peas, place the peas into the solution. Pieces of peas and loose skins should not be used in making the brine flotation test. If cotyledons divide, use both cotyledons in the test and consider the two sepa rated cotyledons as 1 pea; and, if an odd cotyledon sinks, consider it as one pea. Only peas that sink to the bottom of the receptacle within 10 seconds after immersion are counted as ‘‘peas that sink’’. (5) If the quality of the frozen peas falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in the Code of Federal Regulations but in lieu of the words prescribed in the second line of the rectangle the following words may be used where the frozen peas fall below the standard in only one respect: ‘‘Below standard in qual ity lll’’, the blank to be filled in with the specific reason for sub standard quality as listed in the stand ard. [42 FR 14461, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977; 58 FR 2883, Jan. 6, 1993] PART 160—EGGS AND EGG PRODUCTS Subpart A [Reserved] Subpart B—Requirements for Specific Standardized Eggs and Egg Products Sec. 160.100 Eggs. 160.105 Dried eggs. 160.110 Frozen eggs. 160.115 Liquid eggs. VerDate Sep<11>2014 17:31 May 24, 2016 Jkt 238071 PO 00000 Frm 00652 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