Updated: 2005-11-29
Sec. 550.230 Cherries, Canned Misbranding Involving Food Standards (CPG 7110.05)
REGULATORY ACTION GUIDANCE:
The following represents criteria for direct reference seizure to Division
of Compliance Management and Operations (HFC-210) and for direct citation by
the District Offices:
- Pits - (21 CFR 145.125 (b)(1)(i))
The canned pitted cherries contain
more than one pit per 20 ounces.
- Blemish (See Note 1 and Note 2) - (21 CFR 145.125 (b)(1)(v))
a. More than
15 percent by count of the cherries are blemished in all cans examined;
or
b. The average of all cans examined is more than 15 percent by count blemished
cherries and one-half or more of the cans contain 20 percent or more blemished
cherries.
NOTES:
- Examine the entire contents of at least 12 cans for cans smaller than
#10. Examine 100 cherries at random from each at least six cans of #10 size.
- Brown discolorations or "freckles" due to cherry rust are
not considered as blemish unless the concentration and intensity is such
that the
appearance is unsightly and objectionable. Refer borderline samples containing
cherry rust to CFSAN/Office of *Compliance/Division of Field Programs/Low
Acid and Acidified Foods Team* for examination. Mottling on Royal Ann and
other
light-skinned cherry varieties normally occurs from cooking during canning
and is not considered to be a blemish.
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 processing:
Sample Number |
Date of Shipment |
Article Involved |
Dealer |
Amount of Lot |
Shipper |
Codes |
Analytical Conclusions |
SPECIMEN CHARGE:
- PITS
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 pitted cherries, a food for which a standard of quality
has been
prescribed by regulation (21 CFR 145.125(b)) promulgated pursuant to 21
U.S.C. 341, and its quality falls below such standard, since section 145.125(b)(1)(i)
of such standard provides that in canned pitted cherries of standard quality
there is not more than 1 pit in each 20 ounces of canned cherries as determined
by the method prescribed in such standard; whereas, the article contains
more
than 1 pit in each 20 ounces, as determined by the method prescribed in
such standard, and its label fails to bear, in such manner and form as such
regulations
specify, a statement that it falls below such standard.
- BLEMISH
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 cherries, a food for which a standard of quality has
been prescribed
by regulation (21 CFR 145.125(b)) promulgated pursuant to 21 U.S.C. 341,
and its quality falls below such standard since section 145.125(b)(1) (v)
of such
standard provides that in canned cherries of standard quality not more
than 15 percent by count of the cherries in the container are blemished with
scab,
hail injury, discoloration, scar tissue, or other abnormality; whereas,
more than 15 percent by count of the cherries in the container of the article
are
blemished with scab, hail injury, discoloration, scar tissue, or other
abnormality, 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