[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR152.126]

[Page 464-465]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 152_FRUIT PIES--Table of Contents
 
       Subpart B_Requirements for Specific Standardized Fruit Pies
 
Sec.  152.126  Frozen cherry pie.


    (a) Identity. (1) Frozen cherry pie (excluding baked and then 
frozen) is the food prepared by incorporating in a filling contained in 
a pastry shell mature, pitted, stemmed cherries that are fresh, frozen, 
and/or canned. The top of the pie may be open or it may be wholly or 
partly covered with pastry or other suitable topping. Filling, pastry, 
and topping components of the food consist of optional ingredients as 
prescribed by paragraph (a)(2) of this section. The finished food is 
frozen.
    (2) The optional ingredients referred to in paragraph (a)(1) of this 
section consist of suitable substances that are not food additives as 
defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act or 
color additives as defined in section 201(t) of the act; or if they are 
food additives or color additives as so defined, they are used in 
conformity with regulations established pursuant to section 409 or 721 
of the act. Ingredients that perform a useful function in the 
formulation of the filling, pastry, and topping components, when used in 
amounts reasonably required to accomplish their intended effect, are 
regarded as suitable except that artificial sweeteners are not suitable 
ingredients of frozen cherry pie.
    (3) The name of the food for which a definition and standard of 
identity is established by this section is frozen cherry pie; however, 
if the maximum diameter of the food (measured across opposite outside 
edges of the pastry shell) is not more than 4 inches, the food 
alternatively may be designated by the name frozen cherry tart. The word 
``frozen'' may be omitted from the name on the label if such omission is 
not misleading.
    (4)(i) Label declaration. Each of the ingredients used in the food 
shall be declared on the label as required by the applicable sections of 
parts 101 and 130 of this chapter.
    (ii) The label shall not bear any misleading pictorial 
representation of the cherries in the pie.
    (b) Quality. (1) The standard of quality for frozen cherry pie is as 
follows:
    (i) The fruit content of the pie is such that the weight of the 
washed and drained cherry content is not less than 25 percent of the 
weight of the pie when determined by the procedure prescribed by 
paragraph (b)(2) of this section.
    (ii) Not more than 15 percent by count of the cherries in the pie 
are blemished with scab, hail injury, discoloration, scar tissue, or 
other abnormality. A cherry showing skin discoloration (other than 
scald) having an aggregate area exceeding that of a circle nine thirty-
seconds of an inch in diameter is considered to be blemished. A cherry 
showing discoloration of any area but extending into the fruit tissue is 
also considered to be blemished.

[[Page 465]]

    (2) Compliance with the requirement for the weight of the washed and 
drained cherry content of the pie, as prescribed by paragraph (b)(1)(i) 
of this section, is determined by the following procedure:
    (i) Select a random sample from a lot:
    (a) At least 24 containers if they bear a weight declaration of 16 
ounces or less.
    (b) Enough containers to provide a total quantity of declared weight 
of at least 24 pounds if they bear a weight declaration of more than 16 
ounces.
    (ii) Determine net weight of each frozen pie.
    (iii) Temper the pie until the top crust can be removed.
    (iv) Remove the filling and cherries from the pie and transfer to 
the surface of a previously weighed 12-inch diameter U.S. No. 8 sieve 
(0.094-inch openings) stacked on a U.S. No. 20 sieve (0.033-inch 
openings).
    (v) Distribute evenly over the surface and wash with a gentle spray 
of water at 70[deg]-75 [deg]F to free the cherries and cherry fragments 
from the adhering material.
    (vi) Remove the U.S. No. 8 sieve and examine the U.S. No. 20 sieve 
and transfer all cherry fragments to the U.S. No. 8 sieve.
    (vii) Drain the cherry contents on the No. 8 sieve for 2 minutes in 
an inclined position (15[deg]-30[deg] slope). Weigh the U.S. No. 8 sieve 
and the washed and drained cherries to the nearest 0.01 ounce.
    (viii) The weight of the washed and drained cherries is the weight 
of the sieve and the cherry material less the weight of the sieve. 
Calculate the percent of the cherry content of each pie with the 
following formula, and then calculate the average percent of the entire 
random sample:

Percent of the cherry content of the pie=[(Weight of washed and drained 
cherries)/(Net weight of pie)]x100.

    (3) If the quality of the frozen cherry pie falls below the standard 
of quality prescribed by paragraph (b)(1) of this section, the label 
shall bear the general statement of substandard quality specified in 
Sec.  130.14(a) of this chapter, in the manner and form specified 
therein; but in lieu of the words prescribed for the second line inside 
the rectangle, the label may bear the alternative statement ``Below 
standard in quality ------------'', the blank being filled in with the 
following words, as applicable: ``too few cherries'', or ``blemished 
cherries''. Such alternative statement shall immediately and 
conspicuously precede or follow, without intervening written, printed, 
or graphic matter, the name of the food as prescribed by paragraph (a) 
of this section.

[42 FR 14449, Mar. 15, 1977, as amended at 58 FR 2882, Jan. 6, 1993]