CPG Sec 550.800 Standardized Canned Fruit - Misbranding Involving Improper Declaration of Packing Medium

Administrative guidance, not enacted legislation. This captured publisher edition preserves the listed document and attachments; later developments are not independently consolidated.

CPG Sec. 550.800 Standardized Canned Fruit -
Misbranding Involving Improper Declaration of
Packing Medium
REGULATORY ACTION GUIDANCE:
The following represents the criteria for direct reference seizure *requests to the Office of
Human and Animal Food Operations (OHAFO) in consultation with the Office of Enforcement
and Import Operations (OEIO) and CFSAN, and for direct citation by the appropriate Field
Office within the Human and Animal Food Program*:
NOTE: Do not apply this guide when the deficiency in Brix density is due to overfilling with
fruit.
The article is a canned fruit for which there is a standard of identity specifying Brix densities of
the packing medium;
The average Brix measurement (at 15 or more days after canning) is more than below the
minimum Brix density prescribed by the standard of identity for the packing medium declared on
the label.
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 proceeding:
Sample Number
Article Involved
Amount of Lot
Codes
Date of Shipment
Dealer
Shipper
Analytical Conclusions
SPECIMEN CHARGE:

Improper Declaration of PACKING MEDIUM
Article misbranded when introduced into and while in interstate commerce, within meaning of
21 U.S.C. 343(g)(2), in that it purports to be and is represented as canned peaches, a food for
which a definition and standard of identity has been prescribed by regulation (21 CFR
145.170(a)) promulgated pursuant to 21 U.S.C. 341, and its label fails to bear, as section
145.170(a)(4)(ii) of such definition and standard requires, the name of the optional packing
medium present in such food, since its label bears the statement "Packed in heavy syrup,"
whereas, the article is packed in a medium designated as "Light Syrup" in such definition and
standard.
*Material between asterisks is new or revised*
Issued: 10/1/80
Revised: 3/95, 5/2005
Updated: 11/29/05