(a) "Canned peas" means the canned product prepared from clean, sound, shelled, succulent peas as such product is defined in the Standards of Identity for Canned Peas (21 CFR 51.1) issued pursuant to the Federal Food, Drug, and Cosmetic Act.

§ 52.2282 Types of canned peas.

(a) "Early peas" means canned succulent peas of Alaska or other smooth skin varieties.

(b) "Sweet peas" means canned succulent peas of sweet, wrinkled varieties. § 52.2283 Grades of canned peas.

(a) "U.S. Grade A" or "U.S. Fancy" is the quality of canned peas that possess similar varietal characteristics; that

possess a good flavor; that possess a good liquor; that possess a good color; that are practically free from defects; that are tender; and that for those factors which are scored in accordance with the scoring system outlined in this subpart the total score is not less than 90 points: Provided, That the canned peas may possess a reasonably good liquor or a fairly good liquor; and may possess a reasonably good color if the total score is not less than 90 points.

(b) "U. S. Grade B" or "U. S. Extra Standard" is the quality of canned peas that possess similar varietal characteristics; that possess a good flavor; that possess a reasonably good liquor; that possess a reasonably good color; that are reasonably free from defects; that are reasonably tender; and that for those factors which are scored in accordance with the scoring system outlined in this subpart the total score is not less than 80 points: Provided, That the canned peas may possess a fairly good liquor and a fairly good color if the total score is not less than 80 points.

(c) "U. S. Grade C" or "U. S. Standard" is the quality of canned peas that possess similar varietal characteristics; that possess a fairly good flavor; that possess a fairly good liquor; that possess a fairly good color; that are fairly free from defects; that are fairly tender; and that for those factors which are scored in accordance with the scoring system outlined in this subpart the total score is not less than 70 points.

(d) "Substandard" is the quality of canned peas that fail to meet the requirements of U. S. Grade C or U. S. Standard and that may or may not meet the Standard of Quality for Canned Peas issued pursuant to the Federal Food, Drug, and Cosmetic Act.

Federal Food, Drug, and Cosmetic Act (21 CFR 51,3). The standard is as follows: If the container is so filled that, when the peas and liquid are removed from the container and returned thereto, the leveled peas (irrespective of the quantity of the liquid), 15 seconds after they are so returned completely fill the container. A container with lid attached by double seam shall be considered to be completely filled when it is filled to the level 6 inch vertical distance below the top of the double seam; and a glass container shall be considered to be completely filled when it is filled to the level 1⁄2 inch vertical distance below the top of the container. Canned peas that do not meet this requirement are "Below Standard in Fill."

For the purpose of these grades, the sizes of peas are not considered in ascertaining the quality of the product except for the factor of defects in determining pieces of peas. The size of a pea is determined on the basis of the diameter of the circular opening (s) through which the pea will pass or will not pass without force or pressure. The size designations applicable to peas in canned peas and the diameters as aforesaid are shown in Table No. I of this section.

TABLE NO. I-SIZES OF PEAS IN CANNED PEAS

(b) "Good flavor" means that the product has a good characteristic normal flavor and odor for the maturity and is free from objectionable flavors and objectionable odors of any kind.

(c) "Fairly good flavor" means that the product may be lacking in good characteristic normal flavor and odor but is free from objectionable flavors and objectionable odors of any kind. § 52.2287 Ascertaining the rating for the factors which are scored.

The essential variations within each factor which is scored are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each factor which is scored is inclusive. (For example, "27 to 30 points" means 27, 28, 29, or 30 points.)

Canned peas

(a) (A) classification. that possess a good liquor may be given a score of 9 or 10 points. "Good liquor" means that the color of the liquor is typical, may possess a slight cloudiness or slight tint of green, that not more than a slight quantity of suspended material or sediments may be present, and that the liquor is not viscous.

(b) (B) classification. If the canned peas possess a reasonably good liquor, a score of 8 points may be given. "Reasonably good liquor" means that the liquor may be cloudy but not off color; that not more than a moderate quantity of suspended material or sediment may be present and that the liquor may be not more than slightly viscous.

(c) (C) classification. If the canned peas possess a fairly good liquor, a score of 7 points may be given. "Fairly good liquor" means the liquor may be very cloudy, may possess a pronounced accumulation of sediment, may be dull but not off color, and may be viscous but not so viscous that the liquor will not separate from the peas.

(a) (A) classification. Canned peas that possess a good color may be given a score of 9 or 10 points. "Good color" means that the canned peas possess a color typical of tender peas of similar varietal characteristics, are bright, and that the product is practically free from peas that materially detract from the overall color appearance (includes peas commonly referred to as "blond" or "cream colored" peas).

(b) (B) classification. If the canned peas possess a reasonably good color, a score of 7 or 8 points may be given. "Reasonably good color" means that the canned peas possess a color typical of reasonably tender peas of similar varietal characteristics, are reasonably bright, and that the appearance of the product is reasonably free from peas that materially detract from the overall color appearance (includes peas commonly referred to as "blond" or "cream colored" peas).

(c) (C) classification. Canned peas that possess a fairly good color may be given a score of 5 or 6 points. Canned peas that fall into this classification shall not be graded above U. S. Grade B or U. S. Extra Standard, regardless of the total score for the product (this is a partial limiting rule). "Fairly good color" means that the canned peas possess a color typical of fairly tender peas of similar varietal characteristics, and that the appearance of the product is fairly free from peas that materially detract from the overall color appearance (includes peas commonly referred to as "blond" or "cream colored" peas).

(d) (SStd.) classification. Canned peas that are artificially colored or fail to meet the requirements of paragraph (c) of this section may be given a score of 0 to 4 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule), and, in addition, when artificially colored, the canned peas are "Below Standard in Quality-Artificially Colored."

§ 52.2290 Defects.

(a) General. The factor of defects refers to the degree of freedom from harmless extraneous vegetable material, pieces of peas, minor discoloration, spotted or otherwise discolored peas, and other defects.

(1) "Harmless extraneous vegetable material" means:

(1) Green tender vegetable material common to the pea plant, such as leaves, pea pods, and stems;

(ii) Non-deleterious or non-poisonous type of thistle buds, nightshade berries, or other similar type buds or berries, from other plants; and

(iii) Other predominant spherical or cylindrical vegetable material from other plants which are tender and similar in color to canned peas.

(2) "Piece of pea" (broken pea)1

means:

(1) A whole pea from which a cotyledon or a large portion thereof has become separated;

(ii) Two detached whole cotyledons; (iii) Pieces of detached cotyledons aggregating the equivalent of an average size cotyledon; and

(iv) A whole detached skin or portions of detached skin aggregating the equivalent of an average size whole skin.

(3) "Minor discoloration" means discoloration which slightly affects but does not materially affect the appearance or eating quality of the pea.

(4) "Spotted or otherwise discolored” means a pea spotted or otherwise discolored to an extent that the appearance or eating quality of the pea is materially affected, such as vivid-green peas, or peas showing brown, yellow, or dark discolored areas. (Does not include peas commonly referred to as "blond" or "cream colored" peas which are scored under the factor of color.)

(b) (A) classification. Canned peas that are practically free from defects may be given a score of 27 to 30 points. "Practically free from defects" means:

1 The "percent by count of peas" as pieces of peas is calculated by dividing the total number of pieces of peas by the total number of peas and pieces of peas. (A pea held together by its skin, even though the cotyledons are partly crushed or the skin split is considered an unbroken pea.)

(1) That for approximately each 100 ounces of net contents there may be present:

(i) One piece, or pieces, of vegetable material, common to the pea plant having an aggregate area of 4 square inch (1⁄2" x 2") on one surface of the piece, or pieces; or

(ii) One thistle bud or nightshade berry or other spherical piece of vegetable material from other plants, not exceeding the size of a No. 4 size pea; or

(iii) One cylindrical piece or pieces of vegetable material from other plants, not exceeding 1⁄2 inch in length in the aggregate.

(2) That 3 percent, by count, of the peas may be pieces of peas in sizes larger than size 2 or in blends of sizes, except that 5 percent, by count, of the peas may be pieces of peas in size 1 and size 2 or in blends of size 1 and size 2.

(3) That 2 of 1 percent, by count, of the peas may be spotted or otherwise discolored: Provided, That harmless extraneous vegetable material, pieces of peas, minor discoloration, spotted or otherwise discolored peas, and other defects individually or collectively do not more than slightly affect the appearance or eating quality of the product.

(c) (B) classification. If the canned peas are reasonably free from defects, a score of 24 to 26 points may be given. Canned peas that fall into this classification except for pieces of peas, shall not be graded above U. S. Grade B or U. S. Extra Standard, regardless of the total score for the product (this is a limiting rule). "Reasonably free from defects"

means:

(1) That for approximately each 50 ounces of net contents there may be present:

(i) One piece, or pieces, of vegetable material, common to the pea plant having an aggregate area of 4 square inch (1⁄2" x 12'') on one surface of the piece, or pieces; or

(ii) One thistle bud or nightshade berry or other spherical piece of vegetable material from other plants, not exceeding the size of a No. 4 size pea; or

(iii) One cylindrical piece or pieces of vegetable material from other plants, not exceeding 1⁄2 inch in length in the aggregate.

(2) That 7 percent, by count, of the peas may be pieces of peas; and

(3) That 2 percent, by count, of the peas may be spotted or otherwise discolored: Provided, That harmless ex

traneous vegetable material, pieces of peas, minor discoloration, spotted or otherwise discolored peas, and other defects individually or collectively do not materially affect the appearance or eating quality of the product.

(d) (C) classification. If the canned peas are fairly free from defects a score of 21 to 23 points may be given. Canned peas that fall into this classification shall not be graded above U. S. Grade C or U. S. Standard, regardless of the total score for the product (this is a limiting rule). "Fairly free from defects" means:

(1) That 2 of 1 percent of the drained weight of the peas may be harmless extraneous vegetable material;

2

(2) That 10 percent of the drained weight of the peas may be pieces of peas, and

(3) That 4 percent, by count, of the peas may be spotted or otherwise discolored: Provided, That harmless extraneous vegetable material, pieces of peas, minor discoloration, spotted or otherwise discolored peas, and other defects individually or collectively do not seriously affect the appearance or eating quality of the product.

Canned

(e) (SStd.) classification. peas that fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule), and may also be "Below Standard in QualityGood Food-Not High Grade" for the following applicable reasons: "Excessive Foreign Material," "Excessive Broken Peas," "Excessive Discolored Peas." § 52.2291 Maturity and tenderness.

(a) General. The determination of maturity and tenderness in the (A) and (B) classifications in paragraphs (b) and (c) of this section is based on the brine flotation test as outlined herein and ruptured peas with respect to the (B) classification. The maturity and tenderness in the (C) classification is based on the brine flotation test outlined in this subpart, the alcohol-insoluble solids test and other tenderness test as outlined in the Standard of Quality for Canned Peas (21 CFR 51.2) promulgated under the Federal Food, Drug, and Cosmetic Act.

"Determined as outlined in the Standard of Quality for Canned Peas (21 CFR 51.2) promulgated under the Federal Food, Drug, and Cosmetic Act.

(percent by count)

All sizes..

Percentage of salt in solution

(c) (B) classification. If the canned peas are reasonably tender, a score of 41 to 44 points may be given. Canned peas that fall into this classification shall not be graded above U. S. Grade B or U. S. Extra Standard, regardless of the total score for the product (this is a limiting rule). "Reasonably tender" means:

(1) That the skins of not more than 5 percent, by count, of the peas may be ruptured to a width 16 inch or more; and

(2) That in the brine flotation test the peas comply with the requirements shown in Table No. III of this paragraph. TABLE NO. III

(d) (C) classification. If the canned peas are fairly tender, a score of 37 to 40 points may be given. Canned peas that fall into this classification shall not be graded above U. S. Grade C or U. S. Standard, regardless of the total score for the product (this is a limiting rule). "Fairly tender" means:

(1) That the skins of not more than 25 percent, by count, of the peas may be ruptured to a width of 16 inch or more;

2

(2) That not less than 90 percent, by count, of the peas are of such tenderness

Sweet. Early.

All sizes...

(e) (SStd.) classification. Canned peas that fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 36 points and shall not be graded above Substandard regardless of the total score for the product (this is a limiting rule) and may also be "Below Standard in Quality-Good Food-Not High Grade," for the following applicable reasons: "Excessive Cracked Peas," "Not Tender," "Excessively Mealy."

METHODS OF ANALYSES § 52.2292 Methods of analyses.

(a) Brine flotation test. The brine flotation test utilizes salt solutions of various specific gravities to separate the peas according to maturity. The brine solutions are based on the percentage by weight of pure salt (NaCl) in solution. In making the test a 250 ml. glass beaker is filled with the brine solution to a depth of approximately two inches. The brine equipment, solution and sample should be at the same temperature. Only peas that sink to the bottom of the receptacle within 10 seconds after immersion are counted as "peas that sink." Pieces of peas and loose skins should not be used in making the brine flotation test.

(b) Alcohol-insoluble solids. (1) Pour sample on 8-mesh screen, using 8

2 See footnote 2 to § 52.2290.