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145.125 Canned cherries.

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[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR145.125]

[Page 405-408]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 145_CANNED FRUITS--Table of Contents
 
     Subpart B_Requirements for Specific Standardized Canned Fruits
 
Sec.  145.125  Canned cherries.

    (a) Identity--(1) Ingredients. Canned cherries is the food prepared 
from one of the optional fresh or previously canned cherry ingredients 
specified in paragraph (a)(2) of this section, which may be packed in 
one of the optional packing media specified in paragraph (a)(3) of this 
section. Such food may also contain one, or any combination of two or 
more, of the following safe and suitable optional ingredients:
    (i) Natural and artificial flavors.
    (ii) Spice.
    (iii) Vinegar, lemon juice, or organic acids. Such food is sealed in 
a container and before or after sealing is so processed by heat as to 
prevent spoilage.
    (2) Varietal types and styles. The optional cherry ingredients 
referred to in

[[Page 406]]

paragraph (a)(1) of this section are prepared from mature pitted or 
unpitted cherries of the red tart or alternatively, red sour, light 
sweet or dark sweet varietal group.
    (3) Packing media. (i) The optional packing media referred to in 
paragraph (a)(1) of this section, as defined in Sec.  145.3 are:
    (a) Water.
    (b) Fruit juice(s) and water.
    (c) Fruit juice(s).


Such packing media may be used as such or any one or any combination of 
two or more safe and suitable nutritive carbohydrate sweetener(s) may be 
added. Sweeteners defined in Sec.  145.3 shall be as defined therein, 
except that a nutritive carbohydrate sweetener for which a standard of 
identity has been established in part 168 of this chapter shall comply 
with such standard in lieu of any definition that may appear in Sec.  
145.3.
    (ii) When a sweetener is added as a part of any such liquid packing 
medium, the density range of the resulting packing medium expressed as 
percent by weight of sucrose (degrees Brix) as determined by the 
procedure prescribed in Sec.  145.3(m) shall be designated by the 
appropriate name for the respective density ranges, namely:
    (a) In the case of sweet cherries:
    (i) When the density of the solution is less than 16 percent, the 
medium shall be designated as ``slightly sweetened water''; or ``extra 
light sirup''; ``slightly sweetened fruit juice(s) and water''; or 
``slightly sweetened fruit juice(s)'', as the case may be.
    (ii) When the density of the solution is 16 percent or more but less 
than 20 percent, the medium shall be designated as ``light sirup''; 
``lightly sweetened fruit juice(s) and water''; or ``lightly sweetened 
fruit juice(s)'', as the case may be.
    (iii) When the density of the solution is 20 percent or more but 
less than 25 percent, the medium shall be designated as ``heavy sirup''; 
``heavily sweetened fruit juice(s) and water''; or ``heavily sweetened 
fruit juice(s)'', as the case may be.
    (iv) When the density of the solution is 25 percent or more but not 
more than 35 percent, the medium shall be designated as ``extra heavy 
sirup''; ``extra heavily sweetened fruit juice(s) and water''; or 
``extra heavily sweetened fruit juice(s)'', as the case may be.
    (b) In the case of red tart cherries:
    (i) When the density of the solution is less than 18 percent, the 
medium shall be designated as ``slightly sweetened water''; ``slightly 
sweetened fruit juice(s) and water''; or ``slightly sweetened fruit 
juice(s)'', as the case may be.
    (ii) When the density of the solution is 18 percent or more but less 
than 22 percent, the medium shall be designated as ``light sirup''; 
``lightly sweetened fruit juice(s) and water''; or ``lightly sweetened 
fruit juice(s)'', as the case may be.
    (iii) When the density of the solution is 22 percent or more but 
less than 28 percent, the medium shall be designated as ``heavy sirup''; 
``heavily sweetened fruit juice(s) and water''; or ``heavily sweetened 
fruit juice(s)'', as the case may be.
    (iv) When the density of the solution is 28 percent or more but not 
more than 45 percent, the medium shall be designated as ``extra heavy 
sirup''; ``extra heavily sweetened fruit juice(s) and water''; or 
``extra heavily sweetened fruit juice(s)'', as the case may be.
    (4) Labeling requirements. (i) The name of the food is ``cherries''. 
The optional varietal type as set forth in paragraph (a)(2) of this 
section, preceded or followed by the word ``pitted'' when this is the 
fact, shall be a part of the name. The name of the food shall also 
include a declaration of any flavoring that characterizes the product as 
specified in Sec.  101.22 of this chapter and a declaration of any spice 
or seasoning that characterizes the product; for example, ``Spice 
added'', or in lieu of the word ``Spice'', the common name of the spice, 
or ``Seasoned with lemon juice''. When two or more of the optional 
ingredients specified in paragraph (a)(1) (ii) and (iii) of this section 
are used, such words may be combined as for example, ``Seasoned with 
cider vinegar, cloves, and cinnamon oil''.
    (ii) The color type and style of the cherry ingredient as provided 
in paragraph (a)(2) of this section and the name of the packing medium 
specified in paragraphs (a)(3) (i) and (ii) of this section, preceded by 
``In'' or ``Packed in'' or the words ``solid pack'', where

[[Page 407]]

applicable, shall be included as part of the name or in close proximity 
to the name of the food. When the packing medium is prepared with a 
sweetener(s) which imparts a taste, flavor or other characteristic to 
the finished food in addition to sweetness, the name of the packing 
medium shall be accompanied by the name of such sweetener(s), as for 
example in the case of a mixture of brown sugar and honey, an 
appropriate statement would be ``------ sirup of brown sugar and honey'' 
the blank to be filled in with the word ``light'', ``heavy'', or ``extra 
heavy'' as the case may be. When the liquid portion of the packing media 
provided for in paragraphs (a)(3) (i) and (ii) of this section consists 
of fruit juice(s), such juice(s) shall be designated in the name of the 
packing medium as:
    (a) In the case of a single fruit juice, the name of the juice shall 
be used in lieu of the word ``fruit'';
    (b) In the case of a combination of two or more fruit juices, the 
names of the juices in the order of predominance by weight shall either 
be used in lieu of the word ``fruit'' in the name of the packing medium, 
or be declared on the label as specified in paragraph (a)(4)(iii) of 
this section; and
    (c) In the case of a single fruit juice or a combination of two or 
more fruit juices any of which are made from concentrate(s), the words 
``from concentrate(s)'' shall follow the word ``juice(s)'' in the name 
of the packing medium and in the name(s) of such juice(s) when declared 
as specified in paragraph (a)(4)(iii) of this section.
    (iii) Whenever the names of the fruit juices used do not appear in 
the name of the packing medium as provided in paragraph (a)(4)(ii)(b) of 
this section, such names and the words ``from concentrate'', as 
specified in paragraph (a)(4)(ii)(c) of this section, shall appear in an 
ingredient statement pursuant to the requirements of Sec.  101.3(d) of 
this chapter.
    (iv) 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) Quality. (1) The standard of quality for canned cherries is as 
follows:
    (i) In the case of pitted cherries, not more than 1 pit is present 
in each 20 ounces of canned cherries, as determined by the method 
prescribed in paragraph (b)(2)(i) of this section.
    (ii) In the case of unpitted cherries, the weight of each cherry in 
the container is not less than \1/10\ ounce.
    (iii) In the case of unpitted cherries, the weight of the largest 
cherry in the container is not more than twice the weight of the 
smallest cherry therein.
    (iv) In the case of unpitted cherries, the total weight of pits is 
not more than 12 percent of the weight of drained cherries, as 
determined by the method prescribed in paragraph (b)(2)(ii) of this 
section.
    (v) Not more than 15 percent by count of the cherries in the 
container are blemished with scab, hail injury, discoloration, scar 
tissue or other abnormality. A cherry showing skin discoloration (other 
than scald) having an aggregate area exceeding that of a circle \9/32\ 
inch in diameter is considered to be blemished. A cherry showing 
discoloration of any area but extending into the fruit tissue is also 
considered to be blemished.
    (2)(i) Pitted canned cherries shall be tested by the following 
method to determine whether or not they comply with the requirements of 
paragraph (b)(1)(i) of this section: Take at random such number of 
containers as to have a total quantity of contents of at least 24 
pounds. Open the containers and weigh the contents. Count the pits and 
pieces of pit shell in such total quantity. Count a piece of pit shell 
equal to or smaller than one-half pit shell as one-half pit, and a piece 
of pit shell larger than one-half pit shell as one pit; but when two or 
more pieces of pit shell are within or attached to a single cherry, 
count such pieces as one-half pit if their combined size is equivalent 
to that of one-half pit shell or less, and as one pit if their combined 
size is equivalent to that of more than one-half pit shell. From the 
total number of pits so counted and the combined weight of the contents 
of all the containers, calculate the number of pits present in each 20 
ounces of canned cherries.
    (ii) Unpitted canned cherries shall be tested by the following 
method to determine whether or not they comply

[[Page 408]]

with the requirements of paragraph (b)(1)(iv) of this section: Tilt the 
opened container so as to distribute the contents over the meshes of a 
circular sieve which has previously been weighed. The diameter of the 
sieve is 8 inches if the quantity of the contents of the container is 
less than 3 pounds, or 12 inches if such quantity is 3 pounds or more. 
The bottom of the sieve is No. 8 woven-wire cloth that complies with the 
specifications for such cloth set forth in the ``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 AOAC INTERNATIONAL, 481 North Frederick Ave., suite 
500, Gaithersburg, MD, 20877-2504, or may be examined at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. Without shifting the cherries, so 
incline the sieve as to facilitate drainage. Two minutes from the time 
drainage begins, weigh the sieve and drained cherries. The weight so 
found, less the weight of the sieve, shall be considered to be the 
weight of drained cherries. Pit the cherries and wash the pits free from 
adhering flesh. Drain and weigh the pits by the method prescribed above. 
Divide the weight of pits so found by the weight of drained cherries, 
and multiply by 100.
    (3) If the quality of canned cherries falls below the standard 
prescribed in paragraph (b)(1) of this section, the label shall bear the 
general statement of substandard quality specified in Sec.  130.14(a) of 
this chapter, in the manner and form therein specified; but in lieu of 
such general statement of substandard quality, the label may bear the 
alternative statement ``Below Standard in Quality ------'', the blank to 
be filled in with the words specified after the corresponding number of 
each subparagraph of paragraph (b)(1) of this section which such canned 
cherries fail to meet, as follows:
    (i) ``Partially pitted'';
    (ii) ``Small'';
    (iii) ``Mixed sizes'';
    (iv) ``Thin-fleshed'';
    (v) ``Blemished''.


Such alternative statement shall immediately and conspicuously precede 
or follow, without intervening written, printed, or graphic matter, the 
name ``Cherries'' and any words and statements required or authorized to 
appear with such name by Sec.  145.125(a)(2).
    (c) Fill of container. (1) The standard of fill of container for 
canned cherries is the maximum quantity of the optional cherry 
ingredient that can be sealed in the container and processed by heat to 
prevent spoilage, without crushing such ingredient.
    (2) If canned cherries fall 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 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 
49 FR 10099, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2879, Jan. 
6, 1993; 63 FR 14035, Mar. 24, 1998]





Additives that reference this regulation:


Source: U.S. Code of Federal Regulations - CFR Title 21, Part 145, Section 125


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