Updated: 2005-11-29
Sec. 550.655 Peaches, Canned - Misbranding Involving Food Standards (CPG 7110.23)
REGULATORY ACTION GUIDANCE:
The following represents the criteria for direct reference seizure to Division
of Compliance Management and Operations (HFC-210) and for direct citation by
the District Offices:
NOTE: These criteria are based on No. 2-1/2 cans. If cans are other sizes,
evaluate the results on No. 2-1/2 can size portions.
- For Excessive Hardness
Clingstone or Freestone Peaches:
If 50% or more of the cans contain one or more
units requiring more than 300 gms. to pierce;
or
25% or more of the cans of the cans contain one or more units requiring
more than 400 gms. to pierce.
- For Excessive Weight Variation (Halves & Quarters)
- Clingstone Peaches:
If 50% or more of the cans examined contain one or more
intact units below the minimum weight of 3/5 ounce for halves and 3/10
ounces for quarters;
or
25% or more of the cans contain one or more intact units which are 70%
or less of the indicated minimum weight.
- Freestone Peaches:
If 75% or more of the cans contain one or more intact
units below the minimum weight of 3/5 ounce for halves; and 3/10 ounce
for quarters;
or
50% or more of the cans contain one or more intact units which are
70% or less of the indicated minimum weight.
- For Excessive Size Variation (Whole Peaches, Halves & Quarters
- a. Clingstone Peaches:
If in 50% or more of the cans, the largest unit
is more than twice the weight of the smallest intact unit;
or
If in 25% or more of the cans, the largest unit is 2-1/2 or more times
the weight of the smallest intact unit.
- Freestone Peaches:
If in 75% or more of the cans, the largest unit
is more than twice the weight of the smallest intact unit;
or
If in 50% or more of the cans, the largest unit is 2-1/2 or more times
the weight of the smallest intact unit.
REMARKS:
Seizures involving these products must be discussed with the U.S. Department
of Agriculture. *E-mail* or FAX the following information to CFSAN/Office of
*Compliance*/Division of Enforcement (HFS-605) and await reply before proceeding:
Sample Number |
Date of Shipment |
Article Involved |
Dealer |
Amount of Lot |
Shipper |
Codes |
Analytical Conclusions |
SPECIMEN CHARGE:
- Excessive Hardness
Article misbranded when introduced into and while in
interstate commerce, within meaning of 21 U.S.C. 343(h)(1) in that it purports
to be and is
represented as canned peaches, a food for which a standard of quality has
been prescribed
by regulations (21 CFR 145.170(b)) promulgated pursuant to 21 U.S.C. 341,
and its quality falls below such standard, since section 145.170(b)(1) (i)
of such
standard provides that in canned peaches of standard quality all peach
units tested in accordance with the method prescribed in such standard are
pierced
by a weight of not more than 300 grams; whereas, all peach units of the
article tested in accordance with the method prescribed in such standard
are not pierced
by a weight of not more than 300 grams, and its label fails to bear, in
such manner and form as such regulations specify, a statement that it falls
below
such standard.
- Excessive Weight Variation
Article misbranded when introduced into and
while in interstate commerce within meaning of 21 U.S.C. 343(h)(1) in that
it purports to be and is represented
as canned peach halves, a food for which a standard of quality has been
prescribed
by regulations (21 CFR 145.170(b)) promulgated pursuant to 21 U.S.C. 341,
and its quality falls below such standard, since section 145.170(b)(1) (ii)
of
such standard provides that in canned peach halves of standard quality
the weight of each unit is not less than 3/5 ounce; whereas, the weight of
some
units of the article is less than 3/5 ounce; and its label fails to bear,
in such manner and form as regulations specify, a statement that it falls
below
such standard.
- Excess Size Variation
Article misbranded when introduced into and while
in interstate commerce within meaning of 21 U.S.C. 343(h)(1) in that it purports
to be and is represented
as canned peach halves, a food for which a standard of quality has been
prescribed
by regulations (21 CFR 145.170(b)) promulgated pursuant to 21 U.S.C. 341,
and its quality falls below such standard, since section 145.170(b)(1) (iii)
of
such standard provides that in canned peach halves of standard quality
the weight of the largest unit in the container is not more than twice the
weight
of the smallest unit therein; whereas the weight of the largest unit in
the container of the article is more than twice the weight of the smallest
unit
therein; and its label fails to bear, in such manner and form as such regulations
specify, a statement that it falls below such standard.
*Material between asterisks is new or revised*
Issued: 10/1/80
Revised: 3/95, 5/2005