[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. 161.145 Canned oysters.
(a) Identity. (1) Canned oysters is the food prepared from one or
any mixture of two or all of the forms of oysters specified in paragraph
(a)(2) of this section, and a packing medium of water, or the watery
liquid draining from oysters before or during processing, or a mixture
of such liquid and water. The food may be seasoned with salt. It is
sealed in containers and so processed by heat as to prevent spoilage.
(2) The forms of oysters referred to in paragraph (a)(1) of this
section are prepared from oysters which have been removed from their
shells and washed and which may be steamed while in the shell or steamed
or blanched or both after removal therefrom, and are as follows:
(i) Whole oysters with such broken pieces of oysters as normally
occur in removing oysters from their shells, washing, and packing.
(ii) Pieces of oysters obtained by segregating pieces of oysters
broken in shucking, washing, or packing whole oysters.
(iii) Cut oysters obtained by cutting whole oysters.
(3)(i) When the form of oysters specified in paragraph (a)(2)(i) of
this section is used, the name of the food is ``Oysters'' or ``Cove
oysters'', if of the species Ostrea virginica; ``Oysters'' or ``Pacific
oysters'', if of the species Ostrea gigas; ``Oysters'' or ``Olympia
oysters'', if of the species Ostrea lurida.
(ii) When the form of oysters specified in paragraph (a)(2)(ii) of
this section is used, the name of the food is ``Pieces of ------'', the
blank being filled in with the name ``Oysters'' or ``Cove oysters'', if
of the species Ostrea virginica; ``Oysters'' or ``Pacific oysters'', if
of the species Ostrea gigas; ``Oysters'' or ``Olympia oysters'', if of
the species Ostrea lurida.
(iii) When the form of oysters specified in paragraph (a)(2)(iii) of
this section is used, the name of the food is ``Cut ------, the blank
being filled in with the name ``Oysters'' or ``Cove oysters'', if of the
species Ostrea virginica; ``Oysters'' or ``Pacific oysters'', if of the
species Ostrea gigas; ``Oysters'' or
``Olympia oysters'', if of the species Ostrea lurida.
(iv) In case a mixture of two or all such forms of oysters is used,
the name is a combination of the names specified in this paragraph
(a)(3) of the forms of oysters used, arranged in order of their
predominance by weight.
(4) 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.
(c) Fill of container. (1) The standard of fill of container for
canned oysters is a fill such that the drained weight of oysters taken
from each container is not less than 59 percent of the water capacity of
(2) Water capacity of containers is determined by the general method
provided in Sec. 130.12(a) of this chapter.
(3) Drained weight is determined by the following method: Keep the
un-opened canned oyster container at a temperature of not less than
68[deg] or more than 95 [deg]Fahrenheit for at least 12 hours
immediately preceding the determination. After opening, tilt the
container so as to distribute its 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 the 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
``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:
regulations/ibr--locations.html. 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 the drained oysters. The
weight so found, less the weight of the sieve, shall be considered to be
the drained weight of the oysters.
(4) If canned oysters fall below the standard of fill of container
prescribed in paragraph (a) 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, followed by the
statement, ``A can of this size should contain ------ oz. of oysters.
This can contains only ------ oz.'', the blanks being filled in with the
[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11832, Mar. 19, 1982;
49 FR 10102, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2884, Jan.
6, 1993; 63 FR 14035, Mar. 24, 1998]
Additives that reference this regulation: