[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR155.190]

[Page 472-475]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 155--CANNED VEGETABLES--Table of Contents
 
   Subpart B--Requirements for Specific Standardized Canned Vegetables
 
Sec. 155.190  Canned tomatoes.

    (a) Identity--(1) Description. (i) Canned tomatoes is the food 
prepared from mature tomatoes conforming to the characteristics of the 
fruit Lycopersicum esculentum P. Mill, of red or reddish varieties. The 
tomatoes may or may not be peeled, but shall have had the stems and 
calicies removed and shall have been cored, except where the internal 
core is insignificant to texture and appearance.
    (ii) Canned tomatoes may contain one or more of the safe and 
suitable optional ingredients specified in paragraph (a)(2) of this 
section, be packed without any added liquid or in one of the optional 
packing media specified in paragraph (a)(3) of this section and be 
prepared in one of the styles specified in paragraph (a)(4) of this 
section. Such food is sealed in a container and before

[[Page 473]]

or after sealing is so processed by heat as to prevent spoilage.
    (2) Optional ingredients. One or more of the following safe and 
suitable ingredients may be used:
    (i) Calcium salts in a quantity reasonably necessary to firm the 
tomatoes, but the amount of calcium in the finished canned tomatoes is 
not more than 0.045 percent of the weight, except that when the tomatoes 
are prepared in one of the styles specified in paragraphs (a)(4) (ii) to 
(iv) of this section the amount of calcium is not more than 0.08 percent 
of the weight of the food.
    (ii) Organic acids for the purpose of acidification.
    (iii) Dry nutritive carbohydrate sweeteners whenever any organic 
acid provided for in paragraph (a)(2)(ii) of this section is used, in a 
quantity reasonably necessary to compensate for the tartness resulting 
from such added acid.
    (iv) Salt.
    (v) Spices, spice oils.
    (vi) Flavoring and seasoning.
    (vii) Vegetable ingredients such as onion, peppers, and celery, that 
may be fresh or preserved by physical means, in a quantity not more than 
10 percent by weight of the finished food.
    (3) Packing media. (i) The liquid draining from the tomatoes during 
or after peeling or coring.
    (ii) The liquid strained from the residue from preparing tomatoes 
for canning consisting of peels and cores with or without tomatoes or 
pieces thereof.
    (iii) The liquid strained from mature tomatoes (tomato juice).
    (iv) Tomato paste, or tomato puree, or tomato pulp complying with 
the compositional requirements of Sec. 155.191.
    (4) Styles. (i) Whole.
    (ii) Diced.
    (iii) Sliced.
    (iv) Wedges.
    (5) Name of the food. (i) The name of the food is ``tomatoes'', 
except that when the tomatoes are not peeled the name is ``unpeeled 
tomatoes''.
    (ii) The following shall be included as part of the name or in close 
proximity to the name of the food:
    (a) A declaration of any flavoring that characterizes the product as 
specified in Sec. 101.22 of this chapter.
    (b) A declaration of any added spice, seasoning, or vegetable 
ingredient that characterizes the product, (e.g., ``with added ------'' 
or, ``with ------'' the blank to be filled in with the word(s) 
``spice(s)'', ``seasoning(s)'', or the name(s) of the vegetable(s) used 
or in lieu of the word(s) ``spice(s)'' or ``seasoning (s)'' the common 
or usual name(s) of the spice(s) or seasoning(s) used) except that no 
declaration of the presence of onion, peppers, and celery is required 
for stewed tomatoes.
    (c) The word ``stewed'' if the tomatoes contain characterizing 
amounts of at least the three optional vegetables listed in paragraph 
(a)(2)(vii) of this section.
    (d) The styles: ``Diced'', ``sliced'', or ``wedges'' as appropriate.
    (e) The name of the packing medium: ``tomato paste'', ``tomato 
puree'', or ``tomato pulp'' as provided in paragraph (a)(3)(iv) of this 
section, or ``strained residual tomato material from preparation for 
canning'' as provided for in paragraph (a)(3)(ii) of this section, as 
appropriate. The name of the packing medium shall be preceded by the 
word ``with''.
    (iii) The following may be included as part of the name or in close 
proximity to the name:
    (a) The word ``whole'' if the tomato ingredient is whole or almost 
whole, and the weight of such ingredient is not less than 80 percent of 
the drained weight of the finished food as determined in accordance with 
the method prescribed in paragraph (b)(2) of this section.
    (b) The words ``solid pack'' when none of the optional packing media 
specified in paragraph (a)(3) of this section are used.
    (c) The words ``in tomato juice'' if the packing medium specified in 
paragraph (a)(3)(iii) of this section is used.
    (6) Label declaration. The name of each ingredient used 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 tomatoes is as 
follows:
    (i) The drained weight, as determined by the method prescribed in 
paragraph (b)(2)(i) of this section, is not less than

[[Page 474]]

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 Sec. 130.12(a) of this chapter;
    (ii) The strength and redness of color as determined by the method 
prescribed in paragraph (b)(2) of this section, are 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 
one-third the area of disc 2, is exposed;
    (iii) Peel per kilogram (2.2 pounds) of the finished food covers an 
area of not more than 15 cm\2\ (2.3 square inches) which is equivalent 
to 6.8 cm\2\ (1.06 square inches) per pound based on an average of all 
containers examined provided, however, that the area of peel is not a 
factor of quality for canned unpeeled tomatoes labeled in accordance 
with paragraph (a)(5)(i) of this section; and
    (iv) Blemishes per kilogram (2.2 pounds) of the finished food cover 
an area of not more than 3.5 cm\2\ (0.54 square inch) which is 
equivalent to 1.6 cm\2\ (0.25 square inch) per pound based on an average 
of all containers examined.
    (2) Canned tomatoes shall be tested by the following method to 
determine whether or not they meet the requirements of paragraphs (b)(1) 
(i) and (ii) of this section:
    (i) 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 20.3 centimeters (8 inches) if the 
quantity of the contents of the container is less than 1.4 kilograms (3 
pounds) or 30.5 centimeters (12 inches) if such quantity is 1.4 
kilograms (3 pounds) or more. The meshes of such sieve are made by so 
weaving wire of 1.4 mm (0.054 inch) diameter as to form square openings 
11.3 mm by 11.3 mm (0.446 inch by 0.446 inch). Without shifting the 
tomatoes, so incline the sieve as to facilitate drainage of the liquid. 
Two minutes from the time drainage begins, weigh the sieve and drained 
tomatoes. The weight so found, less the weight of the sieve, shall be 
considered to be the drained weight.
    (ii) Remove from the sieve the drained tomatoes, cut out and 
segregate successively those portions of least redness until 50 percent 
of the drained weight 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 25.4 mm 
(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 equivalent of such discs:
    (a) Red--Munsell 5 R 2.6/13 (glossy finish).
    (b) Yellow--Munsell 2.5 YR 5/12 (glossy finish).
    (c) Black--Munsell N 1/ (glossy finish).
    (d) Grey--Munsell N 4 (mat finish).
    (3) Determine compliance as specified in Sec. 155.3(b).
    (4) If the quality of canned tomatoes 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; if, however, the 
quality of canned tomatoes falls below standard with respect to only one 
of the factors of quality specified by paragraphs (b)(1) (i) to (iii) 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, appropriate for the corresponding subparagraph designation 
of paragraph (b)(1) of this section which the canned tomatoes fail to 
meet, to read as follows:
    (i) ``Poor color'' or
    (ii) ``Excessive peel'' or
    (iii) ``Excessive blemishes''.
    (c) Fill of container. (1) The standard of fill of container 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

[[Page 475]]

fill of containers prescribed in Sec. 130.12(b) of this chapter.
    (2) Determine compliance as specified in Sec. 155.3(b).
    (3) If canned tomatoes 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 14449, Mar. 15, 1977, as amended at 43 FR 12858, Mar. 28, 1978; 
43 FR 30274, July 14, 1978; 45 FR 43400, June 27, 1980; 58 FR 17103, 
Apr. 1, 1993; 59 FR 15051, Mar. 31, 1994]