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161.145 Canned oysters.

Home > Regulations > Fish and shellfish > 161.145 Canned oysters.



[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: 21CFR161.145]

[Page 495-496]
 
                        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.  161.145  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

[[Page 496]]

``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.
    (b) [Reserved]
    (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 
the container.
    (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: 
http://www.archives.gov/federal--register/code--of--federal--
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 
applicable figures.

[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:


Source: U.S. Code of Federal Regulations - CFR Title 21, Part 161, Section 145


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