[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR145.115]

[Page 400-403]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                           SERVICES--CONTINUED
 
PART 145--CANNED FRUITS--Table of Contents
 
     Subpart B--Requirements for Specific Standardized Canned Fruits
 
Sec. 145.115  Canned apricots.

    (a) Identity--(1) Ingredients. Canned apricots is the food prepared 
from mature apricots of one of the optional styles specified in 
paragraph (a)(2) of this section, which may be packed as solid pack or 
in one of the optional packing media specified in paragraph (a)(3) of 
this section. Such food may

[[Page 401]]

also contain one, or any combination of two or more of the following 
safe and suitable optional ingredients:
    (i) Natural and artificial flavors.
    (ii) Spice.
    (iii) Vinegar, lemon juice, or organic acids.
    (iv) Apricot pits, except in the cases of unpeeled whole apricots 
and peeled whole apricots, in a quantity not more than 1 apricot pit to 
each 227 grams (8 ounces) of finished canned apricots.
    (v) Apricot kernels, except in the cases of unpeeled whole apricots 
and peeled whole apricots, and except when optional ingredient under 
paragraph (a)(4) of this section is used.
    (vi) Ascorbic acid in an amount no greater than necessary to 
preserve color.


Such food is sealed in a container and before or after sealing is so 
processed by heat as to prevent spoilage.
    (2) Optional styles of the apricot ingredient. The optional styles 
of the apricot ingredient referred to in paragraph (a) of this section 
are peeled or unpeeled:
    (i) Whole.
    (ii) Halves.
    (iii) Quarters.
    (iv) Slices.
    (v) Pieces or irregular pieces.


Each such ingredient, except in the cases of unpeeled whole apricots and 
peeled whole apricots, is pitted.
    (3) Packing media. (i) The optional packing media referred to in 
paragraph (a)(1) of this section, as defined in Sec. 145.3 are:
    (a) Water.
    (b) Fruit juice(s) and water.
    (c) Fruit juice(s).


Such packing media may be used as such or any one or any combination of 
two or more safe and suitable nutritive carbohydrate sweetener(s) may be 
added. Sweeteners defined in Sec. 145.3 shall be as defined therein, 
except that a nutritive carbohydrate sweetener for which a standard of 
identity has been established in part 168 of this chapter shall comply 
with such standard in lieu of any definition that may appear in 
Sec. 145.3.
    (ii) When a sweetener is added as a part of any such liquid packing 
medium, the density range of the resulting packing medium expressed as 
percent by weight of sucrose (degrees Brix) as determined by the 
procedure prescribed in Sec. 145.3(m) shall be designated by the 
appropriate name for the respective density ranges, namely:
    (a) When the density of the solution is 10 percent or more but less 
than 16 percent, the medium shall be designated as ``slightly sweetened 
water''; or ``extra light sirup''; ``slightly sweetened fruit juice(s) 
and water''; or ``slightly sweetened fruit juice(s)'', as the case may 
be.
    (b) When the density of the solution is 16 percent or more but less 
than 21 percent, the medium shall be designated as ``light sirup''; 
``lightly sweetened fruit juice(s) and water''; or ``lightly sweetened 
fruit juice(s)'', as the case may be.
    (c) When the density of the solution is 21 percent or more but less 
than 25 percent, the medium shall be designated as ``heavy sirup''; 
``heavily sweetened fruit juice(s) and water''; or ``heavily sweetened 
fruit juice(s)'', as the case may be.
    (d) When the density of the solution is 25 percent or more but not 
more than 40 percent, the medium shall be designated as ``extra heavy 
sirup''; ``extra heavily sweetened fruit juice(s) and water''; or 
``extra heavily sweetened fruit juice(s)'', as the case may be.
    (4) Labeling requirements. (i) The name of the food is ``apricots''. 
The name of the food shall also include a declaration of any flavoring 
that characterizes the product as specified in Sec. 101.22 of this 
chapter and a declaration of any spice or seasoning that characterizes 
the product; for example, ``Spice Added'', or in lieu of the word 
``Spice'', the common name of the spice, ``Seasoned with Vinegar'' or 
``Seasoned with Apricot Kernels''. When two or more of the optional 
ingredients specified in paragraphs (a)(1) (ii) through (iv), inclusive, 
of this section are used, such words may be combined as for example, 
``Seasoned with Cider Vinegar, Cloves, Cinnamon Oil and Apricot 
Kernels''.
    (ii) The style of the apricot ingredient as provided in paragraph 
(a)(2) of this section and the name of the packing medium as used in 
paragraphs (a)(3)(i) and (ii) of this section, preceded by ``In'' or 
``Packed in'' or the words ``solid pack'', where applicable,

[[Page 402]]

shall be included as part of the name or in close proximity to the name 
of the food, except that pieces or irregular pieces shall be designated 
``Pieces'', ``Irregular pieces'', or ``Mixed pieces of irregular sizes 
and shapes''. The style of the apricot ingredient shall be preceded or 
followed by ``Unpeeled'' or ``Peeled'', as the case may be. ``Halves'' 
may be alternatively designated ``Halved'', ``Quarters'' as 
``Quartered'' and ``Slices'' as ``Sliced''. When the packing medium is 
prepared with a sweetener(s) which imparts a taste, flavor or other 
characteristic to the finished food in addition to sweetness, the name 
of the packing medium shall be accompanied by the name of such 
sweetener(s), as for example in the case of a mixture of brown sugar and 
honey, an appropriate statement would be ``______ sirup of brown sugar 
and honey'' the blank to be filled in with the word ``light'', 
``heavy'', or ``extra heavy'' as the case may be. When the liquid 
portion of the packing media provided for in paragraphs (a)(3) (i) and 
(ii) of this section consists of fruit juice(s), such juice(s) shall be 
designated in the name of the packing medium as:
    (a) In the case of a single fruit juice, the name of the juice shall 
be used in lieu of the word ``fruit''.
    (b) In the case of a combination of two or more fruit juices, the 
names of the juices in the order of predominance by weight shall either 
be used in lieu of the word ``fruit'' in the name of the packing medium, 
or be declared on the label as specified in paragraph (a)(4)(iii) of 
this section, and
    (c) In the case of a single fruit juice or a combination of two or 
more fruit juices any of which are made from concentrate(s), the words 
``from concentrate(s)'' shall follow the word ``juice(s)'' in the name 
of the packing medium and in the name(s) of such juice(s) when declared 
as specified in paragraph (a)(4)(iii) of this section.
    (iii) Whenever the names of the fruit juices used do not appear in 
the name of the packing medium as provided in paragraph (a)(4)(ii)(b) of 
this section, such names and the words ``from concentrate,'' as 
specified in paragraph (a)(4)(ii)(c) of this section, shall appear in an 
ingredient statement pursuant to the requirements of Sec. 101.3(d) of 
this chapter.
    (iv) 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) Quality. (1) The standard of quality for canned apricots is as 
follows:
    (i) All units tested in accordance with the method prescribed in 
paragraph (b)(2) of this section are pierced by a weight of not more 
than 300 grams.
    (ii) In the cases of whole apricots, halves, and quarters, the 
weight of the largest unit in the container is not more than twice the 
weight of the smallest unit therein.
    (iii) Not more than 20 percent of the units in the container are 
blemished with scab, hail injury, discoloration, or other abnormalities.
    (iv) In the cases of whole apricots, halves, and quarters, all units 
are untrimmed, or are so trimmed as to preserve normal shape.
    (v) Except in the case of mixed pieces of irregular sizes and 
shapes, not more than 5 percent of the units in a container of 20 or 
more units, and not more than 1 unit in a container of less than 20 
units, are crushed or broken. (A unit which has lost its normal shape 
because of ripeness and which bears no mark of crushing shall not be 
considered to be crushed or broken.)
    (2) Canned apricots shall be tested by the following method to 
determine whether or not they meet the requirements of paragraph 
(b)(1)(i) of this section: So trim a test piece from the unit as to fit, 
with peel surface up, into a supporting receptacle. If the unit is of 
different firmness in different parts of its peel surface, trim the 
piece from the firmest part. If the piece is unpeeled, remove the peel. 
The top of the receptacle is circular in shape, of 1\1/8\ inches inside 
diameter, with vertical sides; or rectangular in shape, \3/4\ inch by 1 
inch inside measurements, with ends vertical and sides sloping downward 
and joining at the center at a vertical depth of \3/4\ inch. Use the 
circular receptacle for testing units of such size that a test piece can 
be trimmed therefrom to fit it. Use the rectangular receptacle for 
testing

[[Page 403]]

other units. Test no unit from which a test piece with rectangular peel 
surface at least \1/2\ inch by 1 inch cannot be trimmed. Test the piece 
by means of a round metal rod \3/16\ inch in diameter. To the upper end 
of the rod is affixed a device to which weight can be added. The rod is 
held vertically by a support through which it can freely move upward or 
downward. The lower end of the rod is a plane surface to which the 
vertical axis of the rod is perpendicular. Adjust the combined weight of 
the rod and device to 100 grams. Set the receptacle so that the surface 
of the test piece is held horizontally. Lower the end of the rod to the 
approximate center of such surface, and add weight to the device at a 
uniform, continuous rate of 12 grams per second until the rod pierces 
the test piece. Weigh the rod and weighted device. Test all units in 
containers of 50 units or less, except those units too small for testing 
or too soft for trimming. Test at least 50 units, taken at random, in 
containers of more than 50 units; but if less than 50 units are of 
sufficient size and firmness for testing, test those which are of 
sufficient size and firmness.
    (3) If the quality of canned apricots falls below the standard 
prescribed in paragraph (b)(1) of this section, the label shall bear the 
general statement of substandard quality specified in Sec. 130.14(a) of 
this chapter, in the manner and form therein specified; but in lieu of 
such general statement of substandard quality, the label may bear the 
alternative statement ``Below standard in quality ______'', the blank to 
be filled in with the words specified after the corresponding number of 
each subparagraph of paragraph (b)(1) of this section which such canned 
apricots fail to meet, as follows:
    (i) ``Not tender'';
    (ii) ``Mixed sizes'';
    (iii) ``Blemished'';
    (iv) ``Unevenly trimmed'';
    (v) ``Partly crushed or broken''.

    Such alternative statement shall immediately and conspicuously 
precede or follow, without intervening written, printed, or graphic 
matter, the name ``apricots'' and any words and statements required or 
authorized to appear with such name by Sec. 145.115(a)(2).
    (c) Fill of container. (1) The standard of fill of container for 
canned apricots is the maximum quantity of the optional apricot 
ingredient that can be sealed in the container and processed by heat to 
prevent spoilage, without crushing or breaking such ingredient.
    (2) If canned apricots fall below the standard of fill of container 
prescribed in paragraph (c)(1) 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.

[42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2879, Jan. 6, 1993]