CPG Sec 550.655 Peaches, Canned - Misbranding Involving Food Standards

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

CPG Sec. 550.655 Peaches, Canned -
Misbranding Involving Food Standards
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: These criteria are based on No. 2-1/2 cans. If cans are other sizes, evaluate the results on
No. 2-1/2 can size portions.
1. 	For Excessive Hardness
Clingstone or Freestone Peaches:
If 50% or more of the cans contain one or more units requiring more than 300 gms. to pierce;
or
25% or more of the cans of the cans contain one or more units requiring more than 400 gms. to
pierce.
2. 	For Excessive Weight Variation (Halves & Quarters)
a. 	Clingstone Peaches:
If 50% or more of the cans examined contain one or more intact units below the minimum
weight of 3/5 ounce for halves and 3/10 ounces for quarters;
or
25% or more of the cans contain one or more intact units which are 70% or less of the indicated
minimum weight.
b. 	Freestone Peaches:
If 75% or more of the cans contain one or more intact units below the minimum weight of 3/5
ounce for halves; and 3/10 ounce for quarters;
or
50% or more of the cans contain one or more intact units which are 70% or less of the indicated
minimum weight.

3. 	For Excessive Size Variation (Whole Peaches, Halves & Quarters
a. 	Clingstone Peaches:
If in 50% or more of the cans, the largest unit is more than twice the weight of the smallest intact
unit;
or
If in 25% or more of the cans, the largest unit is 2-1/2 or more times the weight of the smallest
intact unit.
b. 	Freestone Peaches:
If in 75% or more of the cans, the largest unit is more than twice the weight of the smallest intact
unit;
or
If in 50% or more of the cans, the largest unit is 2-1/2 or more times the weight of the smallest
intact unit.
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:
1. 	Excessive Hardness
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 peaches, a food for

which a standard of quality has been prescribed by regulations (21 CFR 145.170(b)) promulgated
pursuant to 21 U.S.C. 341, and its quality falls below such standard, since section 145.170(b)(1)
(i) of such standard provides that in canned peaches of standard quality all peach units tested in
accordance with the method prescribed in such standard are pierced by a weight of not more than
300 grams; whereas, all peach units of the article tested in accordance with the method
prescribed in such standard are not pierced by a weight of not more than 300 grams, and its label
fails to bear, in such manner and form as such regulations specify, a statement that it falls below
such standard.
2. 	Excessive Weight Variation
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 peach halves, a food for
which a standard of quality has been prescribed by regulations (21 CFR 145.170(b)) promulgated
pursuant to 21 U.S.C. 341, and its quality falls below such standard, since section 145.170(b)(1)
(ii) of such standard provides that in canned peach halves of standard quality the weight of each
unit is not less than 3/5 ounce; whereas, the weight of some units of the article is less than 3/5
ounce; and its label fails to bear, in such manner and form as regulations specify, a statement that
it falls below such standard.
3. 	Excess Size Variation
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 peach halves, a food for
which a standard of quality has been prescribed by regulations (21 CFR 145.170(b)) promulgated
pursuant to 21 U.S.C. 341, and its quality falls below such standard, since section 145.170(b)(1)
(iii) of such standard provides that in canned peach halves of standard quality the weight of the
largest unit in the container is not more than twice the weight of the smallest unit therein;
whereas the weight of the largest unit in the container of the article is more than twice the weight
of the smallest unit therein; 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
Updated: 11/29/05