[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: 21CFR145.170]

[Page 420-423]
 
                        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. 145.170  Canned peaches.

    (a) Identity--(1) Ingredients. Canned peaches is the food prepared 
from one of the fresh, frozen, or previously canned optional peach 
ingredients Prunus persica L., of commercial canning varieties, but 
excluding nectarine varieties, specified in paragraph (a)(2) of this 
section, which may be packed as a solid pack or in one of the optional 
packing media specified in paragraph (a)(3) of this section. Such food 
may 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) Peach pits, except in the cases of peeled whole peaches, in a 
quantity not more than 1 peach pit to each 227 grams (8 ounces) of 
finished canned peaches.
    (v) Peach kernels, except in the cases of peeled whole peaches and 
except when the optional ingredient in paragraph (a)(1)(iv) 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) Varietal types and styles. The optional peach ingredients 
referred to in paragraph (a)(1) of this section are prepared from mature 
peaches of the following optional varietal and color types and styles of 
peach ingredients; namely:
    (i) The optional varietal types. (a) Freestone is the distinct 
varietal type where the pit separates readily from the flesh.
    (b) Clingstone is the distinct varietal type where the pit adheres 
to the flesh.
    (ii) The optional color types--(a) Yellow--the varietal types in 
which the predominant color ranges from pale yellow to rich red orange.
    (b) White--the varietal types in which the predominant color ranges 
from white to yellow-white.
    (c) Red--the varietal types in which the predominant color ranges 
from pale yellow to orange red and with variegated red coloring other 
than that associated with the pit cavity.
    (d) Green--varietal types in which the flesh has a green tint even 
when mature.
    (iii) The optional styles of the peach ingredients--(a) Whole--
consisting of whole peeled unpitted peaches.
    (b) Halves--consisting of peeled pitted peaches cut into two 
approximately equal parts.
    (c) Halves and pieces--consisting of a mixture in which the peeled 
pitted peach halves are more than 50 percent by weight.
    (d) Quarters--consisting of peeled pitted peaches cut into four 
approximately equal parts.
    (e) Slices--consisting of peeled pitted peaches cut into wedge-
shaped sectors.
    (f) Dice--consisting of peeled pitted peaches cut into cube-like 
parts.
    (g) Chunky--consisting of peeled pitted peaches cut into parts 13 
millimeters (0.5 inch) or greater in the smallest dimension and 44 
millimeters (1.75 inches) or less in the largest dimension.
    (h) Pieces or irregular pieces--consisting of peeled pitted peaches 
cut into parts of irregular shapes and sizes.
    (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

[[Page 421]]

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 14 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 14 percent or more but less 
than 18 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 18 percent or more but less 
than 22 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 22 percent or more but not 
more than 35 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 ``peaches''. 
The optional varietal type as set forth in paragraph (a)(2)(i) of this 
section shall be a part of the name. 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 peach kernels''. When two 
or more of the optional ingredients specified in paragraphs (a)(1) (ii) 
through (v) of this section are used, such words may be combined as for 
example, ``Seasoned with cider vinegar, cloves, cinnamon oil and peach 
kernels''.
    (ii) The color type and style of the peach ingredient as provided 
for in paragraphs (a)(2) (ii) and (iii) of this section and the name of 
the packing medium specified in paragraphs (a)(3) (i) and (ii) of this 
section, preceded by ``In'' or ``Packed in'' or the words ``Solid 
pack'', where applicable, shall be included as part of the name or in 
close proximity to the name of the food, except that ``Halves'' may be 
alternately designated as ``Halved'', ``Halves and pieces'' as ``Halved 
and pieces'', ``Quarters'' as ``Quartered'', ``Slices'' as ``Sliced'', 
and ``Dice'' as ``Diced''. Pieces or irregular pieces shall be 
designated ``Pieces'', ``Irregular pieces'', or ``Mixed pieces of 
irregular sizes and shapes''. ``Chunky'' may be designated as 
``Chunks''. The terms ``Cling'' and ``Free'' may be used as optional 
designations for ``Clingstone'' and ``Freestone'', respectively. 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 juices(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

[[Page 422]]

juices any of which are made from concentrate(s), the words ``from 
concentrate(s)'' shall follow the word ``juices(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 peaches is as 
follows:
    (i) Maturity. All units tested in accordance with the method 
prescribed in paragraph (b)(2) of this section are pierced by weight of 
not more than 300 grams (10.6 ounces).
    (ii) Minimum size. In the case of halves and quarters styles, the 
weight of each unit is not less than 17 grams (0.6 ounce) and 8.5 grams 
(0.3 ounce), respectively.
    (iii) Uniformity of size--(a) Whole, halves, and quarters. In the 
case of whole, halves, and quarters styles, the diameter (width) of the 
largest unit is not more than 1.5 centimeters (0.6 inch) greater than 
the diameter (width) of the smallest unit. In containers with more than 
20 units, 2 units may be disregarded in making the determination. Where 
a unit has broken in the container, the combined broken pieces are to be 
reassembled to approximate a single unit of the appropriate style.
    (b) Chunky. In the case of chunky style, not more than 25 percent of 
the drained weight of the contents of the container consists of units 
that will pass through an opening 13 millimeters (0.5 inch) wide or that 
are more than 44 millimeters (1.75 inches) along the longest cut edge.
    (iv) Peel. Not more than 15 square centimeters aggregate area of 
peel per 1,000 grams (1.05 square inches per 16 ounces) of net weight. 
Include any peel adhering to the peach or loose in the container.
    (v) Blemished units. Not more than 20 percent by count of the units 
in the container are blemished, e.g., with scab, hail injury, 
discoloration, or other abnormalities. Blemished units are units which 
contain surface discolorations that definitely contrast with the overall 
color and may penetrate into the flesh.
    (vi) Trimmed units. In the case of whole, halves, quarters, and 
slices styles, all units are untrimmed or are so trimmed as to preserve 
normal shape of the units.
    (vii) Crushed or broken units. In the case of whole, halves, halves 
and pieces, quarters, slices, dice and chunky styles, not more than 5 
percent by count of the units in containers of 20 or more units and not 
more than 1 unit in containers of fewer than 20 units are crushed or 
broken. A unit that has lost its normal shape because of ripeness and 
bears no mark of crushing shall not be considered crushed or broken.
    (viii) Pits and pieces of pit. In the case of all styles, except 
whole peaches and when whole peach pits or peach kernels are used as 
seasoning ingredients, there is not more than one loose pit or one loose 
large hard piece of pit (10 millimeters (\3/8\ inch) or larger) or one 
unit of peach (e.g., peach half or peach slice) to which one or more 
large hard pieces of pit are attached per 5.67 kilograms (200 ounces) 
net weight. In addition, there is not more than three of any one or any 
combination of two or more, per 2.83 kilograms (100 ounces) net weight 
of the following: (a) A unit to which one or more small hard pieces of 
pit less than 10 millimeters (\3/8\ inch) but not less than 1.6 
millimeters (\1/16\ inch) are attached, (b) a unit to which three or 
more small pieces of pit less than 1.6 millimeters (\1/16\ inch) are 
attached, or (c) a loose small hard piece of pit less than 10 
millimeters (\3/8\ inch).
    (2) Canned peaches 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

[[Page 423]]

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 29 millimeters (1.125 inches) inside diameter, with vertical 
sides; or rectangular in shape, 19 millimeters (0.75 inch) by 25 
millimeters (1 inch) inside measurements, with ends vertical and sides 
sloping downward and joining at the center at a vertical depth of 19 
millimeters (0.75 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 other units. Test no unit from 
which a test piece with a rectangular peel surface at least 13 
millimeters (0.51 inch) by 25 millimeters (1 inch) cannot be trimmed. 
Test the piece by means of a round metal rod 4 millimeters (0.16 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 (3.53 
ounces). Set the receptacle so that the surface of 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 (0.45 ounce) 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) Determine compliance as specified in Sec. 145.3(o) except that a 
lot shall be deemed to be in compliance for peel, pits, and pieces of 
pit based on the average of all samples analyzed according to the 
sampling plans set out in Sec. 145.3(p).
    (4) If the quality of canned peaches falls below the standard 
prescribed in paragraph (b)(1) of this section, the label shall bear the 
general statement of substandard quality defined in Sec. 130.14(a) of 
this chapter, in the manner and form therein specified; however, if the 
quality of the canned peaches falls below standard with respect to only 
one of the factors of quality specified in paragraph (b)(1) (i) through 
(viii) of this section, there may be substituted for the second line of 
such general statement of substandard quality (``Good Food--Not High 
Grade'') a new line, as specified after the corresponding designation of 
paragraph (b)(1) of this section which the canned peaches fail to meet, 
as follows: (i) ``Not tender''; (ii) ``Small halves'' or ``Small 
quarters'' as the case may be; (iii) (a) ``Mixed sizes''; (b) 
``Undersized and/or oversized pieces'', (iv) ``Excess peel''; (v) 
``Blemished''; (vi) ``Unevenly trimmed''; (vii) ``Partly crushed or 
broken''; (viii) ``Contains pits or pit fragments''. Such alternative 
statement shall immediately and conspicuously precede or follow, without 
intervening written, printed, or graphic matter, the name ``peaches'' 
and any words and statements required or authorized to appear with such 
name by paragraph (a)(2) of this section.
    (c) Fill of container. (1) The standard of fill of container for 
canned peaches is the maximum quantity of the optional peach ingredient 
that can be sealed in the container and processed by heat to prevent 
spoilage, without crushing or breaking such ingredient.
    (2) If canned peaches 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 46 FR 33028, June 26, 1981; 
50 FR 34677, Aug. 27, 1985; 51 FR 11434, Apr. 3, 1986; 58 FR 2880, Jan. 
6, 1993]