(a) Identity—(1) Ingredients. Canned plums is the food prepared from clean, sound, and mature fruit of plum varieties conforming to the characteristics of Prunus domestica L., greengage varieties conforming to the characteristics of Prunus italica L., mirabelle or damson varieties conforming to the characteristics of Prunus insititia L., or cherry varieties conforming to the characteristics of Prunus cerasifera Ehrh. The food consists of one of the optional styles of the plum ingredient, specified in paragraph (a)(2) of this section, and 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) Artificial coloring.

Such food is sealed in a container and before or after sealing is so processed by heat so as to prevent spoilage.

(2) Optional styles of the plum ingredient. The optional plum ingredients specified in paragraph (a)(1) of this section are peeled or unpeeled:

(i) Whole.

(ii) Halves.

Peeled or unpeeled whole plums are pitted or, alternatively, unpitted. Peeled or unpeeled plum halves are pitted.

(3) Packing media.

(i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in §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 §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 §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 §145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:

(a) When the density of the solution is 11 percent or more but less than 15 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 15 percent or more, but less than 19 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 19 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 less 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 “plums” accompanied by the color designation “yellow” or “golden” or “red” or “purple”, as appropriate, or the specific name of the variety or “Greengage plums”, “Damson plums”, “Cherry plums”, “Mirabelle plums”. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in §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”. When two or more of the optional ingredients specified in paragraphs (a)(1) (ii) and (iii) of this section are used, such words may be combined as for example, “Seasoned with cider vinegar, cloves, and cinnamon oil”.

(ii) The style of the plum ingredient as provided in paragraph (a)(2) 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” shall be included as part of the name or in close proximity to the name of the food. The style of the plum ingredient shall be preceded or followed by “Peeled” when the plums are peeled and by “Pitted” in the case of whole pitted plums. “Halves” may be alternatively designated “Halved”. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristics 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 §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 plums is as follows:

(i) Blemishes (damaged). After draining in accordance with the procedure set out in §145.3(n) not more than 30 percent by weight of the drained plums consists of plums which have been blemished or damaged by any of the following factors either singly or in combination: Damaged by insects; appearance or eating quality materially affected by friction, disease, external stone gum or discoloration.

(ii) Crushed or broken units in whole and halves styles. In the case of the whole styles, not more than 25 percent by weight of the drained plums are deformed or broken to an extent that the normal shape of the fruit is seriously affected. In the case of the halves style, not more than 25 percent by weight of the drained plums are damaged or torn to such an extent that they are smaller than 50 percent of a plum half.

(iii) Blemishes and crushed or broken units. Not more than 35 percent by weight of the drained plums consist of both blemishes as specified in paragraph (b)(1)(i) of this section and crushed or broken units in the case of the whole and halves styles as specified in paragraph (b)(2)(ii) of this section.

(iv) Extraneous plant material. Not more than one piece of stalk or stem from the plum tree or other harmless extraneous plant material per 200 grams (7 ounces) of drained plums.

(v) Loose pits in whole style. Not more than three loose pits per 500 grams (17.6 ounces) of drained plums.

(vi) Pits or pieces of pits in whole pitted and halves styles. Not more than two pits or pieces of pits per 500 grams (17.8 ounces) of drained plums.

(2) Determine compliance as specified in §145.3(o) except that a lot shall be deemed to be in compliance for extraneous plant material, loose pits in whole style, and pits or pieces of pits in whole pitted and halves styles based on the average of all samples analyzed according to the sampling plans set out in §145.3(p).

(3) If the quality of canned plums falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in §130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned plums falls below standard with respect to only one of the factors of quality specified in paragraphs (b)(1) (i) through (vi) 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 plums fail to meet, as follows:

(i) “Blemished”;

(ii) “Partly crushed or broken”;

(iii) “Blemished and partly crushed or broken”;

(iv) “Contains extraneous plant material”;

(v) “Contains loose pits”; or

(vi) “Contains pits” or “Contains pieces of pits”.

(c) Fill of container.

(1) The standard of fill of container for canned plums is:

(i) The fill of the plums and packing medium, as determined by the general method for fill of container prescribed in §130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.

(ii) The drained weight of the plum ingredient as determined by the method prescribed in §145.3(n) is not less than 50 percent for whole styles and 55 percent for halves styles based on the water capacity of containers as determined in §130.12(a) of this chapter.

(2) Determine compliance for fill of container as specified in §145.3(o).

(3) If canned plums fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the statement of substandard fill specified in §130.14(b) of this chapter, in the manner and form therein specified. If canned plums fall below the standard of fill of container in respect to drained weight, the words “Low drained weight” shall follow the general statement of substandard fill on the label.

[42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2880, Jan. 6, 1993]