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145.135 Canned fruit cocktail.

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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: 21CFR145.135]

[Page 411-414]
 
                        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.  145.135  Canned fruit cocktail.

    (a) Identity--(1) Ingredients. Canned fruit cocktail, canned 
cocktail fruits, canned fruits for cocktail, is the food prepared from 
the mixture of fresh, frozen, or previously canned fruit ingredients of 
mature fruits in the forms and proportions as provided in paragraph 
(a)(2) of this section, and 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.
    (iv) Ascorbic acid in an amount no greater than necessary to 
preserve color. Such food is sealed in a container and before or after 
sealing is so processed by heat as to prevent spoilage.

[[Page 412]]

    (2) Varietal types and styles. The fruit ingredients referred to in 
paragraph (a)(1) of this section, the forms of each, and the percent by 
weight of each in the mixture of drained fruit from the finished canned 
fruit cocktail are as follows:
    (i) Peaches. Any firm yellow variety of the species Prunus persica 
L., excluding nectarine varieties, which are pitted, peeled, and diced, 
not less than 30 percent and not more than 50 percent.
    (ii) Pears. Any variety, of the species Pyrus communis L. or Pyrus 
sinensis L., which are peeled, cored, and diced, not less than 25 
percent and not more than 45 percent.
    (iii) Pineapples. Any variety, of the species Ananas comosus L., 
which are peeled, cored, and cut into sectors or into dice, not less 
than 6 percent and not more than 16 percent.
    (iv) Grapes. Any seedless variety, of the species Vitis vinifera L., 
or Vitis labrusca L., not less than 6 percent and not more than 20 
percent.
    (v) Cherries. Approximate halves or whole pitted cherries of the 
species Prunus cerasus L., not less than 2 percent and not more than 6 
percent, of the following types:
    (a) Cherries of any light, sweet variety;
    (b) Cherries artificially colored red; or
    (c) Cherries artificially colored red and flavored, natural or 
artificial.


Provided, That each 127.5 grams (4\1/2\ ounces avoirdupois) of the 
finished canned fruit cocktail and each fraction thereof greater than 
56.7 grams (2 ounces avoirdupois) contain not less than 2 sectors or 3 
dice of pineapple and not less than 1 approximate half of the optional 
cherry ingredient.
    (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) When the density of the solution is 10 percent or more, but less 
than 14 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.
    (b) When the density of the solution is 14 percent or more but less 
than 18 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.
    (c) When the density of the solution is 18 percent or more but less 
than 22 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.
    (d) When the density of the solution is 22 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.
    (4) Labeling requirements. (i) The name of the food is ``fruit 
cocktail'', ``cocktail fruits'', or ``fruits for cocktail''. 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, ``Seasoned with vinegar'' or ``Seasoned 
with lemon juice''. When two or more of the optional ingredients 
specified in paragraphs (a)(1) (ii) and

[[Page 413]]

(iii) of this section are used, such words may be combined as for 
example, ``Seasoned with cider vinegar, cloves, cinnamon oil and lemon 
juice''.
    (ii) The name of the packing medium as used in paragraphs (a)(3) (i) 
and (ii) of this section, preceded by ``In'' or ``Packed in'' 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 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 fruit cocktail 
is as follows:
    (i) Not more than 20 percent by weight of the units in the container 
of peach or pear, or of pineapple if the units thereof are diced, are 
more than \3/4\ inch in greatest edge dimension, or pass through the 
meshes of a sieve designated as \5/16\ inch 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, 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. If the units of pineapple are in the form of sectors, 
not more than 20 percent of such sectors in the container fail to 
conform to the following dimensions: The length of the outside arc is 
not more than \3/4\ inch but is more than \3/8\ inch; the thickness is 
not more than \1/2\ inch but is more than \5/16\ inch; the length 
(measured along the radius from the inside arc to the outside arc) is 
not more than 1\1/4\ inches but is more than \3/4\ inch.
    (ii) Not more than 10 percent of the grapes in a container 
containing 10 grapes or more, and not more than 1 grape in a container 
containing less than 10 grapes, are cracked to the extent of being 
severed into two parts or are crushed to the extent that their normal 
shape is destroyed.
    (iii) Not more than 10 percent of the grapes in a container 
containing 10 grapes or more, and not more than a grape in a container 
containing less

[[Page 414]]

than 10 grapes, have the cap stem attached.
    (iv) There is present in the finished canned fruit cocktail not more 
than 1 square inch of pear peel per each 1 pound of drained weight of 
units of pear plus the weight of a proportion of the packing medium 
which is the same proportion as the drained weight of the units of pear 
bears to the drained weight of the entire contents of the can. Such 
drained weights shall be determined by the method prescribed in 
paragraph (c) of this section.
    (v) There is present in the finished canned fruit cocktail not more 
than 1 square inch of peach peel per each 1 pound of drained weight of 
units of peach plus the weight of a proportion of the packing medium 
which is the same proportion as the drained weight of units of peach 
bears to the drained weight of the entire contents of the can. Such 
drained weights shall be determined by the method prescribed in 
paragraph (c) of this section.
    (vi) Not more than 15 percent of the units of cherry ingredient, and 
not more than 20 percent of the units of peach, pear, or grape, in the 
container are blemished with scab, hail injury, scar tissue or other 
abnormality.
    (vii) If the cherry ingredient is artificially colored, the color of 
not more than 15 percent of the units thereof in a container containing 
more than six units and of not more than one unit in a container 
containing six units or less, is other than evenly distributed in the 
unit or other than uniform with the color of the other units of the 
cherry ingredient.
    (2) If the quality of canned fruit cocktail 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.
    (c) Fill of container. (1) The standard of fill of container for 
canned fruit cocktail is a fill such that the total weight of drained 
fruit is not less than 65 percent of the water capacity of the 
container, as determined by the general method for water capacity of 
containers prescribed in Sec.  130.12(a) of this chapter. Such total 
weight of drained fruit is determined by the following method: Tilt the 
opened container so as to distribute the 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 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 
Table 1, ``Nominal Dimensions of Standard Test Sieves (U.S.A. Standard 
Series),'' prescribed in paragraph (b)(1)(i) of this section, which is 
incorporated by reference. The availability of this incorporation by 
reference is given in paragraph (b)(1)(i) of this section. 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 
drained fruit. The weight so found, less the weight of the sieve, shall 
be considered to be the total weight of drained fruit.
    (2) If canned fruit cocktail 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 prescribed.

[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 
49 FR 10100, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2880, 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 135


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