[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
PART 161_FISH AND SHELLFISH--Table of Contents
Subpart B_Requirements for Specific Standardized Fish and Shellfish
Sec. 161.130 Oysters.
(a) Oysters, raw oysters, shucked oysters, are the class of foods
each of which is obtained by shucking shell oysters and preparing them
in accordance with the procedure prescribed in paragraph (b) of this
section. The name of each such food is the name specified in the
applicable definition and standard of identity prescribed in Sec. Sec.
161.131 to 161.140, inclusive.
(b) If water, or salt water containing less than 0.75 percent salt,
is used in any vessel into which the oysters are shucked the combined
volume of oysters and liquid when such oysters are emptied from such
vessel is not less than four times the volume of such water or salt
water. Any liquid accumulated with the oysters is removed. The oysters
are washed, by blowing or otherwise, in water or salt water, or both.
The total time that the oysters are in contact with water or salt water
after leaving the shucker, including the time of washing, rinsing, and
other contact with water or salt water is not more than 30 minutes. In
computing the time of contact with water or salt water, the length of
time that oysters are in contact with water or salt water that is
agitated by blowing or otherwise, shall be calculated at twice its
actual length. Any period of time that oysters are in contact with salt
water containing not less than 0.75 percent salt before contact with
oysters, shall not be included in computing the time that the oysters
are in contact with water or salt water. Before packing into the
containers for shipment or other delivery for consumption the oysters
are thoroughly drained and are packed without any added substance.
(c) For the purposes of this section:
(1) Shell oysters means live oysters of any of the species, Ostrea
virginica, Ostrea gigas, Ostrea lurida, in the shell, which, after
removal from their beds, have not been floated or otherwise held under
conditions which result in the addition of water.
(2) Thoroughly drained means one of the following:
(i) The oysters are drained on a strainer or skimmer which has an
area of not less than 300 square inches per gallon of oysters, drained,
and has perforations of at least \1/4\ of an inch in diameter and not
more than 1\1/4\ inches apart, or perforations of equivalent areas and
distribution. The oysters are distributed evenly over the draining
surface of the skimmer and drained for not less than 5 minutes; or
(ii) The oysters are drained by any method other than that
prescribed by paragraph (c)(2)(i) of this section whereby liquid from
the oysters is removed so that when the oysters are tested within 15
minutes after packing by draining a representative gallon of oysters on
a skimmer of the dimensions and in the manner described in paragraph
(c)(2)(i) of this section for 2 minutes, not more than 5 percent of
liquid by weight is removed by such draining.
Additives that reference this regulation: