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161.130 Oysters.

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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: 21CFR161.130]

[Page 494-495]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
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 
any

[[Page 495]]

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:


Source: U.S. Code of Federal Regulations - CFR Title 21, Part 161, Section 130


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