[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: 21CFR161.30]

[Page 493]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 161--FISH AND SHELLFISH--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 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 
Sec. 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.