as the case may be) "Residual Tomato
Material from Canning." When op-
tional ingredient (3) is present, in whole
or in part, the label shall bear the state-
ment "Made From
(or "Made in

"Catchup" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement or statements herein specified showing the optional ingredients present shall immediately and conspicuously Part From -," as the case may be) precede or follow such name, without "Residual Tomato Material from Partial intervening written, printed, or graphic Extraction of Juice." If both such inmatter. (Secs. 401, 701, 52 Stat. 1046, gredients are present, such statements 1055; 21 U.S.C., Sup., 341, 371) [Reg., may be combined in the statement July 25, 1939, effective Jan. 1, 1940; "Made From (or "Made in Part 4 F.R. 3455] From as the case may be) "Residual Tomato Material from Canning and from Partial Extraction of Juice." Wherever the name "Tomato Puree" or

NOTE: For findings of fact preceding this section, see 4 F.R. 3455.

§ 53.20 Tomato puree, tomato pulp; identity; labeling of optional ingredients. (a) Tomato puree, tomato pulp, is the food prepared from one or any combination of two or all of the following optional ingredients:

(1) The liquid obtained from mature tomatoes of red or reddish varieties.

(2) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.

(3) The liquid obtained from the residue from partial extraction of juice from such tomatoes. Such liquid is obtained by so straining such tomatoes or residue, with or without heating, as to exclude skins, seeds, and other coarse or hard substances. It is concentrated, and may be seasoned with salt. When sealed in a

container it is so processed by heat, before or after sealing, as to prevent spoilage. It contains not less than 8.37 percent, but less than 25.00 percent, of saltfree tomato solids, as determined by the following method:

Tomato Pulp" appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement or statements herein specified showing the optional ingredients present shall immediately and conspicuously precede or follow such name, without intervening written, printed, or graphic matter. (Secs. 401, 701, 52 Stat. 1046, 1055; 21 U.S.C., Sup., 341, 371) [Reg., July 14, 1939, effective Jan. 1, 1940; 4 F.R. 3326]

NOTE: For findings of fact preceding this section, see 4 F.R. 3325.

§ 53.30 Tomato paste; identity, labeling of optional ingredients. (a) Tomato paste is the food prepared from one or any combination of two or all of the following optional ingredients:

(1) The liquid obtained from mature tomatoes of red or reddish varieties.

(2) The liquid obtained from the residue from preparing such tomatoes for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.

Determine total solids by the method (3) The liquid obtained from the resiprescribed on page 499 under "Total due from partial extraction of juice from Solids-Tentative,” and sodium chloride such tomatoes. Such liquid is obtained by the method prescribed on page 500 by so straining such tomatoes or residue, under "Sodium Chloride-Official," of with or without heating, as to exclude "Official and Tentative Methods of skins, seeds, and other coarse or hard Analysis of the Association of Official substances. It is concentrated, and may Agricultural Chemists," Fourth Edition, be seasoned with one or more of the 1935. Subtract the percent of sodium optional ingredients: chloride found from the percent of total solids found; the difference shall be considered to be the percent of salt-free tomato solids.

(4) Salt.

(5) Spice.

(6) Flavoring.

It may contain, in such quantity as neutralizes a part of the tomato acids, the optional ingredient:

(7) Baking soda.

When sealed in a container it is so ously precede or follow such name, withprocessed by heat, before or after seal-out intervening written, printed, or ing, as to prevent spoilage. It contains graphic matter. (Secs. 401, 701, 52 Stat. not less than 25.00 percent of salt-free 1046, 1055; 21 U.S.C., Sup., 341, 371) tomato solids, as determined by the fol- [Reg., July 14, 1939, effective Jan. 1, lowing method: 1940; 4 F.R. 3327]

NOTE: For findings of fact preceding this section, see 4 F.R. 3326.

Determine total solids by the method prescribed on page 499 under "Total Solids-Tentative," and sodium chloride § 53.40 Canned tomatoes; identity; by the method prescribed on page 500 label statement of optional ingredients. under "Sodium Chloride-Official," of | (a) Canned tomatoes are mature toma"Official and Tentative Methods of Anal-toes of red or reddish varieties which are ysis of the Association of Official Agri- peeled and cored and to which may be cultural Chemists," Fourth Edition, 1935. added one or more of the following opSubtract the percent of sodium chloride tional ingredients: found from the percent of total solids found; the difference shall be considered to be the percent of salt-free tomato solids.

(b) When optional ingredient (2) is present, in whole or in part, the label shall bear the statement "Made From

(1) The liquid draining from such tomatoes during or after peeling and coring.

due from preparing such tomatoes for (2) The liquid strained from the resi

with or without such tomatoes or pieces canning, consisting of peelings and cores

thereof.

(3) The liquid strained from mature tomatoes of such varieties. It may be seasoned with one or more of the optional ingredients: (4) Salt.

(5) Spices.

(6) Flavoring.

It is sealed in a container and so processed by heat as to prevent spoilage.

-" (or "Made in Part From as the case may be) "Residual Tomato Material from Canning." When optional ingredient (3) is present, in whole or in part, the label shall bear the statement "Made From - -” (or “Made in Part From -," as the case may be) "Residual Tomato Material from Partial Extraction of Juice." If both such ingredients are present, such statements may be combined in the statement "Made From " (or "Made in Part From as the case may be) "Re(b) When optional ingredient (2) is sidual Tomato Material from Canning present, the label shall bear the stateand from Partial Extraction of Juice." ment "With Added Strained Residual When optional ingredient (5) or (6) is Tomato Material from Preparation for present the label shall bear the state- Canning." When optional ingredient (3) ment or statements "Spice Added" or is present, the label shall bear the state"With Added Spice," "Flavoring Added" ment "With Added Strained Tomatoes." or "With Added Flavoring," as the case When optional ingredient (5) or (6) is may be. When optional ingredient (7) present, the label shall bear the stateis present, the label shall bear the state- ment or statements "Spice Added" or ment "Baking Soda Added." If two or "With Added Spice," "Flavoring Added" all of the optional ingredients (5), (6), or "With Added Flavoring," as the case and (7) are present, such statements may be. If two or all of optional ingredimay be combined, as for example, "Spice, ents (2), (3), (5), and (6) are present, Flavoring, and Baking Soda Added." In such statements may be combined, as for lieu of the word "Spice" or "Flavoring" example, "With Added Strained Tomain such statement or statements, the toes, Residual Tomato Material from common or usual name of such spice or Preparation for Canning, Spice and flavoring may be used. Wherever the Flavoring." In lieu of the word "Spice" name "Tomato Paste" appears on the or "Flavoring" in such statement or statelabel so conspicuously as to be easily seen ments, the common or usual name of under customary conditions of purchase, such spice or flavoring may be used. the statement or statements herein speci- Wherever the name "Tomatoes" appears fied showing the optional ingredients on the label so conspicuously as to be present shall immediately and conspicu- easily seen under customary conditions

of purchase, the statement or statements | minutes from the time drainage begins, herein specified showing the optional in- weigh the sieve and drained tomatoes. gredients present shall immediately and The weight so found, less the weight of conspicuously precede or follow such the sieve, shall be considered to be the name, without intervening drained weight. written, printed, or graphic matter. (Secs. 401, 701, 52 Stat. 1046, 1055; 21 U.S.C., Sup., 341, 371) [Reg., July 14, 1939, effective Jan. 1, 1940; 4 F.R. 3322]

(2) Remove from the sieve the drained tomatoes obtained in (1). Cut out and segregate successively those portions of least redness until 50 percent

NOTE: For findings of fact preceding this of the drained weight, as determined

section, see 4 F.R. 3321.

§ 53.41 Canned tomatoes; quality. (a) The standard of quality for canned tomatoes is as follows:

(1) The drained weight, as determined by the method prescribed in paragraph (b) (1), is not less than 50 percent of the weight of water required to fill the container, as determined by the general method for water capacity of containers prescribed in § 10.1 (a);

(2) the strength and redness of color, as determined by the method prescribed in paragraph (b) (2), is not less than that of the blended color of any combination of the color discs described in such method, in which one-third the area of disc 1, and not more than onethird the area of disc 2, is exposed;

(3) peel, per pound of canned tomatoes in the container, covers an area of not more than 1 square inch; and

(4) blemishes, per pound of canned tomatoes in the container, cover an area of not more than one-fourth square inch.

(b) Canned tomatoes shall be tested by the following method to determine whether or not they meet the requirements of subparagraphs (1) and (2) of paragraph (a):

under (1), has been so segregated. Comminute the segregated portions to a uniform mixture without removing or breaking the seeds. Fill the mixture into a black container to a depth of at least 1 inch. Free the mixture from air bubbles, and skim off or press below the surface all visible seeds. Compare the color of the mixture, in full diffused daylight or its equivalent, with the blended color of combinations of the following concentric Munsell color discs of equal diameter, or the color equivalents of such discs:

1. Red-Munsell 5R 2.6/13 (glossy finish).

2. Yellow-Munsell (glossy finish).

2.5 YR 5/12

3. Black-Munsell N 1/ (glossy finish). 4. Grey-Munsell N 4 (mat finish).

-," the

(c) If the quality of canned tomatoes falls below the standard prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard quality specified in § 10.2 (a), 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 blank to be filled in with the words specified after the corresponding number of each clause of paragraph (a) of this section which such canned tomatoes fail to meet, as follows: (1) "Excessively Broken Up"; (2) "Poor Color"; (3) "Excessive Peel"; (4) "Excessive Blemishes." such canned tomatoes fail to meet both clauses (3) and (4), the words "Excessive

If

(1) Remove lid from container, but in the case of a container with lid attached by double seam, do not remove or alter the height of the double seam. Tilt the opened container so as to distribute the contents over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve used is 8 inches if the quantity of the contents | Peel and Blemishes" may be used instead of the container is less than 3 pounds, or of the words specified after the cor12 inches if such quantity is 3 pounds or responding numbers of such clauses. more. The meshes of such sieve are Such alternative statement shall immade by so weaving wire of 0.054 inch mediately and conspicuously precede or diameter as to form square openings follow, without intervening written, 0.446 inch by 0.446 inch. Without shift-printed, or graphic matter, the name ing the tomatoes, so incline the sieve as "Tomatoes" and any statements required to facilitate drainage of the liquid. Two or authorized to appear with such name

by $ 53.40 (b).

(Secs. 401, 701, 52 Stat. | when added or applied to a food, drug,
cosmetic, or the human body or any
part thereof, are capable (alone or
through reaction with other substance)

1046, 1055; 21 U.S.C., Sup., 341, 371)
[Reg., July 14, 1939, effective Jan. 1, 1940;
4 F.R. 3324, 3325]
NOTE: For findings of fact preceding this of imparting color thereto.
section, see 4 F.R. 3323, 3324.

§ 53.42 Canned tomatoes; fill of container. (a) The standard of fill of con

tainer for canned tomatoes is a fill of not less than 90 percent of the total capacity of the container, as determined by the general method for fill of containers prescribed in § 10.1 (b).

(b) The term "straight color" means a coal-tar color listed in § 135.3, § 135.4, or § 135.5, and includes such impurities and substrata as are contained in such

color.

(c) The term "mixture" means a coal-tar color made by mixing two or more straight colors, or one or more straight colors and one or more diluents. (d) The term "diluent" means any

(b) If canned tomatoes fall below the standard of fill of container prescribed in paragraph (a) of this section, the label shall bear the general statement of sub-component of a coal-tar color, except a straight color. standard fill specified in § 10.2 (b), in the manner and form therein specified. (Secs. 401, 701, 52 Stat. 1046, 1055; 21 U.S.C., Sup., 341, 371) [Reg., July 14, 1939, effective Jan. 1, 1940; 4 F.R. 3321, 3325]

(e) The term "pure dye" means the coal-tar dye contained in a coal-tar color, exclusive of any intermediate or other impurity, or of any diluent or substratum contained therein.

(f) The term "substratum" means the substance on which the pure dye in a lake is extended.

(g) The term “alumina” means a suspension in water of precipitated aluminum hydroxide.

(h) The term "blanc fixe" means a suspension in water of precipitated barium sulfate.

(i) The term "gloss white" means a suspension in water of co-precipitated aluminum hydroxide and barium sulfate.

(j) The term "mixed oxides" means the sum of the quantities of aluminum, iron, calcium, and magnesium (in whatever combination they may exist in a coal-tar color) calculated as aluminum trioxide, ferric oxide, calcium oxide, and magnesium oxide.

(k) The term "batch" means a quantity of coal-tar color which is set apart and held as a unit for the purpose of obtaining certification of such quantity. (1) The term "batch number" means the number assigned to a batch by the

$135.1 Definitions. For the purposes person who requests certification thereof. of this part

(a) The term "coal-tar color" means articles which (1) are composed of or contain any substance derived from coal-tar, or any substance so related in its chemical structure to a constituent of coal-tar as to be capable of derivation from such constituent; and (2)

(m) The term "lot number" means an identifying number or symbol assigned to a batch by the Food and Drug Administration.

(n) The term "externally applied drugs and cosmetics" means drugs and cosmetics which are applied only to external parts of the body and not to the

§ 135.2 General specification for straight colors. No batch of a straight color listed in § 135.3, § 135.4, or § 135.5 shall be certified under this part unless(a) It is free from all impurities (other than those named in paragraph (b) or in the specifications set forth in Pure dye (as determined by titration such section for such color) to the ex-with titanium trichloride), not less than tent that such impurities can be avoided 82.0 percent. by good manufacturing practice.

Lead (as Pb), not more than 0.001 phenyl)-methylene)-[1-(N-ethyl - N-ppercent.

**For statutory and source citations, see note to § 135.1.