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United States • Title 21 CFR • Part 161

Part 161PART 161—FISH AND SHELLFISH

Part 161 of Title 21 CFR outlines regulations for fish and shellfish, focusing on identity, labeling, and fill of container standards for specific products like canned oysters, shucked oysters, and canned Pacific salmon. It details requirements for drained weight, water capacity, and labeling of substandard products, ensuring consumer protection and fair trade practices.

What this part covers

  • Establishes definitions and standards of identity for various forms of oysters, including raw, shucked, and canned varieties.
  • Specifies processing requirements for shucked oysters, such as limitations on water contact time and salt content.
  • Defines standards for the fill of container for canned oysters, including methods for determining drained weight and water capacity.
  • Outlines labeling requirements for canned oysters, particularly concerning the declaration of quantity of contents and substandard fill.
  • Provides identity standards for canned Pacific salmon, including permissible species, forms of pack, and optional ingredients.
  • Details fill of container standards for canned salmon, including minimum net weights and sampling procedures.
  • Covers canned wet pack shrimp, specifying species, styles, optional ingredients, and processing requirements.

Sections in Part 161

§ 161.130

Oysters.

(a) Oysters, raw oysters, shucked oysters, are the class of foods each of which is obtained by shucking shell oysters and preparing them in accordance with the procedure prescribed in paragraph (b) of this section. The name of each such food is the name specified in the applicable definition and standard of identity prescribed in §§ 161.131 to 161.140, inclusive. (b) If water, or salt water containing less than 0.75 percent salt, is used in any vessel into which the oysters are shucked the combined volume of oysters and liquid when such oysters are emptied from such vessel is not less than four times the volume of such water or salt water. Any liquid accumulated with the oysters is removed. The oysters are washed, by blowing or otherwise, in water or salt water, or both. The total time that the oysters are in contact with water or salt water after leaving the shucker, including the time of washing, rinsing, and any other contact with water or salt water is not more than 30 minutes. In computing the time of contact with water or salt water, the length of time that oysters are in contact with water or salt water that is agitated by blowing or otherwise, shall be calculated at twice…

§ 161.136

Olympia oysters.

Ostrea luridaOlympia oysters, raw Olympia oysters, shucked Olympia oysters, are of the species and conform to the definition and standard of identity prescribed for oysters in § 161.130.

§ 161.145

Canned oysters.

Identity.(a) (1) Canned oysters is the food prepared from one or any mixture of two or all of the forms of oysters specified in paragraph (a)(2) of this section, and a packing medium of water, or the watery liquid draining from oysters before or during processing, or a mixture of such liquid and water. The food may be seasoned with salt. It is sealed in containers and so processed by heat as to prevent spoilage. (2) The forms of oysters referred to in paragraph (a)(1) of this section are prepared from oysters which have been removed from their shells and washed and which may be steamed while in the shell or steamed or blanched or both after removal therefrom, and are as follows: (i) Whole oysters with such broken pieces of oysters as normally occur in removing oysters from their shells, washing, and packing. (ii) Pieces of oysters obtained by segregating pieces of oysters broken in shucking, washing, or packing whole oysters. (iii) Cut oysters obtained by cutting whole oysters. Ostrea virginica;Ostrea gigas;Ostrea lurida.(3)(i) When the form of oysters specified in paragraph (a)(2)(i) of this section is used, the name of the food is “Oysters” or “Cove oysters”, if of the…

§ 161.170

Canned Pacific salmon.

Identity.(a) (1) Canned Pacific salmon is the food prepared from one of the species of fish enumerated in paragraph (a)(2) of this section, prepared in one of the forms of pack specified in paragraph (a)(3) of this section, and to which may be added one or more of the optional ingredients specified in paragraph (a)(4) of this section. The food is packed in hermetically sealed containers and so processed by heat as to prevent spoilage and soften bones. The food is labeled in accordance with paragraph (a)(5) of this section. (2)(i) The species of fish which may be used in this food are: (ii) For the purpose of paragraph (a)(5)(i) of this section, the common or usual name or names of each species of fish enumerated in paragraph (a)(2)(i) of this section is (are) the name(s) immediately following the scientific name of each species. (3) The optional forms of canned Pacific salmon are processed from fish prepared by removing the head, gills, and tail, and the viscera, blood, fins, and damaged or discolored flesh to the greatest extent practicable in accordance with good manufacturing practice; and then washing. Canned Pacific salmon is prepared in one of the following forms of pack:…

§ 161.173

Canned wet pack shrimp in transparent or nontransparent containers.

Identity.(a) (1) Canned wet pack shrimp is the food consisting of the processed meat of peeled shrimp, free of heads and, to the extent practicable under good manufacturing practice, free of shells, legs, and antennae; in one or any combination of species enumerated in paragraph (a)(2) of this section; prepared in one of the styles specified in paragraph (a)(3) of this section, in sufficient water or other suitable aqueous packing medium to fill the interstices and permit proper processing in accordance with good manufacturing practice. Canned shrimp may contain one or more of the optional ingredients specified in paragraph (a)(4) of this section. It is packed in hermetically sealed transparent or nontransparent containers and so processed by heat as to prevent spoilage. (2) The species of shrimp that may be used in the food are of the families: Penaeidae, Pandalidae, Crangonidae, and Palaemonidae. Styles.(3) Canned shrimp is prepared in one of the following styles: (i) Shrimp with readily visible dark vein (dorsal tract, back vein, or sand vein). (ii) Deveined shrimp containing not less than 95 percent by weight of shrimp prepared by removing the dark vein from the first five…

§ 161.175

Frozen raw breaded shrimp.

(a) Frozen raw breaded shrimp is the food prepared by coating one of the optional forms of shrimp specified in paragraph (c) of this section with safe and suitable batter and breading ingredients as provided in paragraph (d) of this section. The food is frozen. (b) The food tests not less than 50 percent of shrimp material as determined by the method prescribed in paragraph (g) of this section, except that if the shrimp are composite units the method prescribed in paragraph (h) of this section is used. shrimp(c) The term means the tail portion of properly prepared shrimp of commercial species. Except for composite units, each shrimp unit is individually coated. The optional forms of shrimp are: (1) Fantail or butterfly: Prepared by splitting the shrimp; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached. (2) Butterfly, tail off: Prepared by splitting the shrimp; tail fins and all shell segments are removed. (3) Round: Round shrimp, not split; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached.…

§ 161.176

Frozen raw lightly breaded shrimp.

Frozen raw lightly breaded shrimp complies with the provisions of § 161.175, except that it contains not less than 65 percent of shrimp material, as determined by the method prescribed in § 161.175 (g) or (h), as appropriate, and that in the name prescribed the word “lightly” immediately precedes the words “breaded shrimp”.

§ 161.190

Canned tuna.

Identity.(a) (1) Canned tuna is the food consisting of processed flesh of fish of the species enumerated in paragraph (a)(2) of this section, prepared in one of the optional forms of pack specified in paragraph (a)(3) of this section, conforming to one of the color designations specified in paragraph (a)(4) of this section, in one of the optional packing media specified in paragraph (a)(5) of this section, and may contain one or more of the seasonings and flavorings specified in paragraph (a)(6) of this section. For the purpose of inhibiting the development of struvite crystals, sodium acid pyrophosphate may be added in a quantity not in excess of 0.5 percent by weight of the finished food. It is packed in hermetically sealed containers and so processed by heat as to prevent spoilage. It is labeled in accordance with the provisions of paragraph (a)(8) of this section. (2) The fish included in the class known as tuna fish are: (3) The optional forms of processed tuna consist of loins and other striated muscular tissue of the fish. The loin is the longitudinal quarter of the great lateral muscle freed from skin, scales, visible blood clots, bones, gills, viscera and from the…

§ 161.30

Declaration of quantity of contents on labels for canned oysters.

(a) For many years packers of canned oysters in the Gulf area of the United States have labeled their output with a declaration of the drained weight of oysters in the containers. Packers in other areas have marketed canned oysters with a declaration of the total weight of the contents of the container. Investigation reveals that under present-day practice consumers generally do not discard the liquid packing medium, but use it as a part of the food. Section 403(e)(2) of the Federal Food, Drug, and Cosmetic Act and the regulations thereunder require food in package form to bear an accurate label statement of the quantity of food in the container. (b) It is concluded that compliance with the label declaration of quantity of contents requirement will be met by an accurate declaration of the total weight of the contents of the can. The requirements of § 161.145(c), establishing a standard of fill of container for canned oysters and specifying the statement of substandard fill for those canned oysters failing to meet that standard remain unaffected by this interpretation.

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