macaroni products by § 16.1 (a) and (f) (2) and (3), except that: (1) Whole wheat flour or whole durum wheat flour or both are used as the sole wheat ingredient; and (2) None of the optional ingredients permitted by § 16.1 (a) (1) and (2) is used. (b) Whole wheat macaroni is the whole wheat macaroni product the units of which conform to the specifications of shape and size prescribed for macaroni by § 16.1 (b). (c) Whole wheat spaghetti is the whole wheat macaroni product the units of which conform to the specifications of shape and size prescribed for spaghetti by $ 16.1 (c). (d) Whole wheat vermicelli is the whole wheat macaroni product the units of which conform to the specifications of shape and size prescribed for vermicelli by § 16.1 (d). (e) The name of each food for which a definition and standard of identity is prescribed by this section is "Whole Wheat Macaroni Product;" or alternately, the name is "Whole Wheat Macaroni," "Whole Wheat Spaghetti," or "Whole Wheat Vermicelli," as the case may be, when the units of the food comply with the requirements of paragraph (b), (c), or (d), respectively, of this section. § 16.4 Wheat and soy macaroni products; identity; label statement of optional ingredients. (a) Wheat and soy macaroni products are the class of food each of which conforms to the definition and standard of identity, and is subject to the requirements for label statement of optional ingredients, prescribed for macaroni products by § 16.1 (a) and (f) (2) and (3), except that: (1) Soy flour is added in a quantity not less than 12.5 percent of the combined weight of the wheat and soy ingredients used (the soy flour used is made from heat-processed, dehulled soybeans, with or without the removal of fat therefrom); and (2) None of the optional ingredients permitted by § 16.1 (a) (1) and (2) is used. (b) Wheat and soy macaroni is the wheat and soy macaroni products the units of which conform to the specifications of shape and size prescribed for macaroni by § 16.1 (b). (c) Wheat and soy spaghetti is the wheat and soy macaroni product the units of which conform to the specifications of shape and size prescribed for spaghetti by § 16.1 (c). (d) Wheat and soy vermicelli is the wheat and soy macaroni product the units of which conform to the specifications of shape and size prescribed for vermicelli by § 16.1 (d). or (e) The name of each food for which a definition and standard of identity is prescribed by this section is "Wheat and Soy Macaroni Product," "Wheat and Soybean Macaroni Product," and Soy Macaroni Product," or and Soybean Macaroni Product," the blank in each instance being filled in with the name whereby the wheat ingredient used is designated in § 16.1 (a); or alternately, the name is "Wheat and Soy Macaroni," "Wheat and Soybean Macaroni," and Soy Macaroni," and Soybean Macaroni” when the units of the food comply with the requirements of paragraph (b) of this section; or "Wheat and Soy Spaghetti," "Wheat and Soybean Spaghetti," and Soy Spaghetti," or and Soybean Spaghetti" when such units comply with the requirements of paragraph (c) of this section; or "Wheat and Soy Vermicelli," "Wheat and Soybean Vermicelli," and Soy Vermicelli," or and Soybean Vermicelli" when such units comply with the requirements of paragraph (d) of this section, the blank in each instance being filled in with the name whereby the wheat ingredient used is designated in § 16.1 (a). 66 99 66 § 16.5 Vegetable macaroni products; identity; label statement of optional ingredients. (a) Vegetable macaroni products are the class of food each of which conforms to the definition and standard of identity, and is subject to the requirements for label statement of optional ingredients, prescribed for macaroni products by § 16.1 (a) and (f) (2) and (3), except that: (1) Tomato (of any red variety), artichoke, beet, carrot, parsley, or spinach is added in such quantity that the solids thereof is not less than 3 percent by weight of the finished vegetable macaroni product (the vegetable used may be fresh, canned, dried, or in the form of puree or paste); and (2) None of the optional ingredients permitted by § 16.1 (a) (1) and (2) is used. (b) Vegetable macaroni is the vegetable macaroni product the units of which conform to the specifications of shape and size prescribed for macaroni by § 16.1 (b). (c) Vegetable spaghetti is the vegetable macaroni product the units of which conform to the specifications of shape and size prescribed for spaghetti by § 16.1 (c). (d) Vegetable vermicelli is the vegetable macaroni products the units of which conform to the specifications of shape and size prescribed for vermicelli by § 16.1 (d). (e) The name of each food for which a definition and standard of identity is prescribed by this section is ". Mac aroni Product," the blank being filled in with the name whereby the vegetable used is designated in paragraph (a) of this section; or alternately, the name is Macaroni,” “ Spaghetti," 66 or 66 Vermicelli," as the case may be, when the units of the food comply with the requirements of paragraph (b), (c), or (d), respectively, the blank in each instance being filled in with the name whereby the vegetable used is designated in paragraph (a) of this section. § 16.6 Noodle products; identity; label statement of optional ingredients. (a) Noodle products are the class of food each of which is prepared by drying formed units of dough made from semolina, durum flour, farina, flour, or any combination of two or more of these, with liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks, dried yolks, or any combination of two or more of these, with or without water and with or without one or more of the optional ingredients specified in subparagraphs (1) and (2): (1) Onions, celery, garlic, bay leaf, or any two or more of these, in a quantity which seasons the food. (2) Salt, in a quantity which seasons the food. The finished noodle product contains not less than 87 percent of total solids as determined by the method prescribed in "Official and Tentative Methods of Analysis of the Association of Official Agricultural Chemists," Fifth Edition, 1940, page 235, under "Vacuum Oven Method-Official." The total solids of noodle products contains not less than 5.5 percent by weight of the solids of egg or egg yolk. (b) Noodles, egg noodles, is the noodle product the units of which are ribbonshaped. (c) Egg macaroni is the noodle product the units of which are tube-shaped and more than 0.11 inch but not more than 0.27 inch in diameter. (d) Egg spaghetti is the noodle product the units of which are tube-shaped or cord-shaped (not tubular) and more than 0.06 inch but not more than 0.11 inch in diameter. (e) Egg vermicelli is the noodle product the units of which are cord-shaped (not tubular) and not more than 0.06 inch in diameter. (f) The name of each food for which a definition and standard of identity is prescribed by this section is "Noodle Product" or "Egg Noodle Product"; or alternately, the name is "Noodles" or "Egg Noodles," "Egg Macaroni," "Egg Spaghetti," or "Egg Vermicelli," as the case may be, when the units of the food are of the shapes and sizes specified in paragraph (b), (c), (d), or (e), respectively, of this section. " (g) When any ingredient specified in paragraph (a) (1) of this section is used the label of the noodle product shall bear the statement "Seasoned with the blank being filled in with the common name of the ingredient; or in the case of bay leaves the statement "Spiced," "Spice added," or "Spiced with bay leaves." Wherever the name of the food appears on such label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements herein prescribed showing the ingredients used shall immediately and conspicuously precede or follow, or in part precede and in part follow, such name without intervening written, printed, or other graphic matter. § 16.7 Wheat and soy noodle products; identity; label statement of optional ingredients. (a) Wheat and soy noodle products are the class of food each of which conforms to the definition and standard of identity, and is subject to the requirements for label statement of optional ingredients, prescribed for noodle products by § 16.6 (a) and (g), except that soy flour is added in a quantity not less than 12.5 percent of the combined weight of the wheat and soy ingredients used (the soy flour used is made from heat-processed, dehulled soybeans, with or without the removal of fat therefrom). (b) Wheat and soy noodles, wheat and soy egg noodles, is the wheat and soy noodle product the units of which are ribbon-shaped. (c) Wheat and soy egg macaroni is the wheat and soy noodle product the units of which conform to the specifications of shape and size prescribed for egg macaroni by § 16.6 (c). (d) Wheat and soy egg spaghetti is the wheat and soy noodle product the units of which conform to the specifications of shape and size prescribed for egg spaghetti by § 16.6 (d). (e) Wheat and soy egg vermicelli is the wheat and soy noodle product the units of which conform to the specifications of shape and size prescribed for egg vermicelli by § 16.6 (e). (f) The name of each food for which a definition and standard of identity is prescribed by this section is "Wheat and Soy Noodle Product," "Wheat and Soy Egg Noodle Product," "Wheat and Soybean Noodle Product," "Wheat and Soybean Egg Noodle Product," "Soy Noodle Product," 66 66 and and Soy and Soy— and Egg Noodle Product," "_ bean Noodle Product," or Soybean Egg Noodle Product," the blank in each instance being filled in with the name whereby the wheat ingredient used is designated in § 16.6 (a); or alternately, the name is "Wheat and Soy Noodles," "Wheat and Soy Egg Noodles," "Wheat and Soybean Noodles," "Wheat and Soybean Egg Noodles," and Soy Noodles," and Soy Egg Noodles," and Soybean Noodles," or and Soybean Egg Noodles" when the units of the food comply with the requirements of paragraph (b) of this section; or "Wheat and Soy Egg Macaroni," "Wheat and Soybean Egg Macaroni," and Soy Egg Macaroni," or and Soybean Egg Macaroni" when such units comply with the requirements of paragraph (c) of this section; or "Wheat and Soy Egg Spaghetti," "Wheat and Soybean Egg Spaghetti," and Soy Egg Spaghetti," or and Egg Vermicelli," or and Soybean Egg Vermicelli," when such units comply with the requirements of paragraph (e) of this section, the blank in each instance being filled in with the name whereby the wheat ingredient used is designated in § 16.6 (a). § 16.8 Vegetable noodle products; identity; label statement of optional ingredients. (a) Vegetable noodle products are the class of food each of which conforms to the definition and standard of identity, and is subject to the requirements for label statement of optional ingredients, prescribed for noodle products by § 16.6 (a) and (g), except that tomato (of any red variety), artichoke, beet, carrot, parsley, or spinach is added in such quantity that the solids thereof is not less than 3 percent by weight of the finished vegetable noodle product (the vegetable used may be fresh, canned, dried, or in the form of puree or paste). (b) Vegetable noodles, vegetable egg noodles, is the vegetable noodle product the units of which are ribbon-shaped. (c) Vegetable egg macaroni is the vegetable noodle product the units of which conform to the specifications of shape and size prescribed for egg macaroni by § 16.6 (c). (d) Vegetable egg spaghetti is the vegetable noodle product the units of which conform to the specifications of shape and size prescribed for egg spaghetti by § 16.6 (d). (e) Vegetable egg vermicelli is the vegetable noodle product the units of which conform to the specifications of shape and size prescribed for egg vermicelli by § 16.6 (e). (f) The name of each food for which a definition and standard of identity is prescribed by this section is ". Noodle Product" or "" Egg Noodle Product," the blank being filled in with the name whereby the vegetable used is designated in paragraph (a) of this section; or alternately, the name is “. Noodles" 66 or Egg Noodles," 66 Egg Macaroni," Egg Spaghetti," or "- - Egg Vermicelli," as the case may be, when the units of the food comply with the requirements of paragraph (b), (c), (d), or (e), respectively, the blank in each instance being filled in with the name whereby the vegetable is designated in paragraph (a) of this section. 36.6 Canned oysters; fill of container; label statement of substandard fill. [Added] § 36.6 Canned oysters; fill of container; label statement of substandard fill. (a) The standard of fill of containers for canned oysters when the drained weight of the oysters in the can after processing averages less than 2 avoirdupois ounce per oyster is a fill such that the drained weight of oysters taken from each container is not less than 68 percent of the water capacity of the container. (b) For the purposes of this section canned oysters means oysters packed into containers which are then sealed and processed by heat to prevent spoilage. (c) Water capacity of containers is determined by the general method provided in § 10.1 (a) of this chapter. (d) Drained weight is determined by the following method: Keep the unopened canned oyster container at a temperature of not less than 68° or more than 95° Fahrenheit for at least 12 hours immediately preceding the determination. After opening, tilt the container so as to distribute its contents evenly over the meshes of a circular sieve which has been previously weighed. The diameter of the sieve is 8 inches if the quantity of the contents of the container is less than 3 pounds, and 12 inches if such quantity is 3 pounds or more. The bottom of the sieve is woven-wire cloth which complies with the specifications for such cloth set forth under "2380 Micron (No. 8)," in Table I of "Standard Specifications for Sieves," published March 1, 1940 in L. C. 584 of the U. S. Department of Commerce, National Bureau of Standards. Without shifting the material on the sieve, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, weigh the sieve and the drained oysters. The weight so found, less the weight of the sieve, shall be considered to be the drained weight of the oysters. (e) If canned oysters fall below the standard of fill of container prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard fill specified in § 10.2 (b) of this chapter (21 CFR, Cum. Supp.), in the manner and form therein specified, followed by the statement, "A can of this size should contain oz. of oysters. This can contains only oz.," the blanks being filled in with the applicable figures. (52 Stat. 1046, 1047, 1055, as amended; 21 U.S.C. 341, 343 (h) (2), 371) [FDC-42, Nov. 18, 1944, effective on the ninetieth day following Nov. 25, 1944, 9 F.R. 14009] NOTE: For findings of fact preceding § 36.6, see 9 F.R. 14008. PART 120-TOLERANCES FOR POI-. SONS IN FOOD [ADDED] § 120.1 Fluorine; limit for the quantity remaining as insecticidal residue on apples and pears. The quantity of fluorine remaining as insecticidal residue on apples and pears is hereby limited to not more than 7 milligrams of fluorine, calculated as F, per kilogram of each such fruit. (Secs. 406, 701, 52 Stat. 1046, 1055, as amended; 21 U.S.C. 346, 371) [FDC-41, Sept. 22, 1944, effective on the ninetieth day following Sept. 28, 1944, 9 F.R. 11837] NOTE: For findings of fact preceding § 120.1, see 9 F.R. 11836. § 155.0 Application for inspection service. CODIFICATION: § 155.0 (a) was amended by changing "$184.50" to "$202.50", June 12, 1944, effective June 15, 1944, applicable only to service to be rendered after July 1, 1944, 9 F.R. 6584. § 155.2 Inspection periods. CODIFICATION: § 155.2 (a) was amended by changing "$123" to "$135", June 12, 1944, effective June 15, 1944, applicable only to service to be rendered after July 1, 1944, 9 F.R. 6584. CODIFICATION: § 155.30 (a) was amended by changing "$164" to "$180", June 12, 1944, effective June 15, 1944, applicable only to service to be rendered after July 1, 1944, 9 F.R. 6584. § 155.32 Inspection periods. * (b) Each initial inspection period shall begin on or after October 1 but not later than March 1 of each year. No initial or extension inspection period shall extend beyond June 30 of any year. [Paragraph (b) amended Jan. 28, 1944, effective Feb. 2, 1944, 9 F.R. 1203] (k) The delivery of steamed oysters to shuckers by means of manually rolling, trundling, or wheelbarrowing such oysters on or above shucking tables will not be permitted. * CODIFICATION: In § 155.36 paragraphs (k) to (s), inclusive, were redesignated (1) to (t), inclusive, and a new paragraph (k) to read as set forth above was added, by Regulations, Acting Administrator, Oct. 18, 1944, effective Oct. 21, 1944, 9 F.R. 12675. § 155.42 Inspection fees. CODIFICATION: § 155.42 (b) was amended by changing "$123" to "$135”, and “$164" to "$180" wherever they appear, and by changing "$4.10" to "$4.50", June 12, 1944, effective June 15, 1944, applicable only to service to be rendered after July 1, 1944, 9 F.R. 6584. PART 170-REGULATIONS FOR THE ENFORCEMENT OF THE FEDERAL TEA ACT Sec. 170.19 Tea standards. [Note] § 170.19 Tea standards. NOTE: The tea standards set forth in § 170.19 (b) were declared to be in force and effect from May 1, 1944, until April 30, 1945, by Order, Acting Administrator, Apr. 11, 1944, 9 F.R. 3929. |