{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 145 sorted by section_id", "rows": [["14:14:3.0.1.2.20.1.3.1", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "A", "Subpart A\u2014General", "", "\u00a7 145.1 Applicability.", "FAA", "", "", "", "This part describes how to obtain a repair station certificate. This part also contains the rules a certificated repair station must follow related to its performance of maintenance, preventive maintenance, or alterations of an aircraft, airframe, aircraft engine, propeller, appliance, or component part to which part 43 applies. It also applies to any person who holds, or is required to hold, a repair station certificate issued under this part."], ["14:14:3.0.1.2.20.1.3.2", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "A", "Subpart A\u2014General", "", "\u00a7 145.3 Definition of terms.", "FAA", "", "", "", "For the purposes of this part, the following definitions apply:\n\n(a)  Accountable manager  means the person designated by the certificated repair station who is responsible for and has the authority over all repair station operations that are conducted under part 145, including ensuring that repair station personnel follow the regulations and serving as the primary contact with the FAA.\n\n(b)  Article  means an aircraft, airframe, aircraft engine, propeller, appliance, or component part.\n\n(c)  Directly in charge  means having the responsibility for the work of a certificated repair station that performs maintenance, preventive maintenance, alterations, or other functions affecting aircraft airworthiness. A person directly in charge does not need to physically observe and direct each worker constantly but must be available for consultation on matters requiring instruction or decision from higher authority.\n\n(d)  Line maintenance means \u2014\n\n(1) Any unscheduled maintenance resulting from unforeseen events; or\n\n(2) Scheduled checks that contain servicing and/or inspections that do not require specialized training, equipment, or facilities."], ["14:14:3.0.1.2.20.1.3.3", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "A", "Subpart A\u2014General", "", "\u00a7 145.5 Certificate and operations specifications requirements.", "FAA", "", "", "", "(a) No person may operate as a certificated repair station without, or in violation of, a repair station certificate, ratings, or operations specifications issued under this part.\n\n(b) The certificate and operations specifications issued to a certificated repair station must be available on the premises for inspection by the public and the FAA."], ["14:14:3.0.1.2.20.1.3.4", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "A", "Subpart A\u2014General", "", "\u00a7 145.12 [Reserved]", "FAA", "", "", "", ""], ["14:14:3.0.1.2.20.2.3.1", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "B", "Subpart B\u2014Certification", "", "\u00a7 145.51 Application for certificate.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014]", "(a) An application for a repair station certificate and rating must be made in a format acceptable to the FAA and must include the following:\n\n(1) A repair station manual acceptable to the FAA as required by \u00a7 145.207;\n\n(2) A quality control manual acceptable to the FAA as required by \u00a7 145.211(c);\n\n(3) A list by type, make, or model, as appropriate, of each article for which the application is made;\n\n(4) An organizational chart of the repair station and the names and titles of managing and supervisory personnel;\n\n(5) A description of the housing and facilities, including the physical address, in accordance with \u00a7 145.103;\n\n(6) A list of the maintenance functions, for approval by the FAA, to be performed for the repair station under contract by another person in accordance with \u00a7 145.217; and\n\n(7) A training program for approval by the FAA in accordance with \u00a7 145.163.\n\n(b) The equipment, personnel, technical data, and housing and facilities required for the certificate and rating, or for an additional rating, must be in place for inspection at the time of certification or rating approval by the FAA. However, the requirement to have the equipment in place at the time of initial certification or rating approval may be met if the applicant has a contract acceptable to the FAA with another person to make the equipment available to the repair station at any time it is necessary when the relevant work is being performed.\n\n(c) In addition to meeting the other applicable requirements for a repair station certificate and rating, an applicant for a repair station certificate and rating located outside the United States must meet the following requirements:\n\n(1) The applicant must show that the repair station certificate and/or rating is necessary for maintaining or altering the following:\n\n(i) U.S.-registered aircraft and articles for use on U.S.-registered aircraft, or\n\n(ii) Foreign-registered aircraft operated under the provisions of part 121 or part 135, and articles for use on these aircraft.\n\n(2) The applicant must show that the fee prescribed by the FAA has been paid.\n\n(d) An application for an additional rating, amended repair station certificate, or renewal of a repair station certificate must be made in a format acceptable to the FAA. The application must include only that information necessary to substantiate the change or renewal of the certificate.\n\n(e) The FAA may deny an application for a repair station certificate if the FAA finds that:\n\n(1) The applicant holds a repair station certificate in the process of being revoked, or previously held a repair station certificate that was revoked;\n\n(2) The applicant intends to fill or fills a management position with an individual who exercised control over or who held the same or a similar position with a certificate holder whose repair station certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing the revocation or causing the revocation process; or\n\n(3) An individual who will have control over or substantial ownership interest in the applicant had the same or similar control or interest in a certificate holder whose repair station certificate was revoked, or is in the process of being revoked, and that individual materially contributed to the circumstances causing the revocation or causing the revocation process.\n\n(f) If the FAA revokes a repair station certificate, an individual described in paragraphs (e)(2) and (3) of this section is subject to an order under the procedures set forth in 14 CFR 13.20, finding that the individual materially contributed to the circumstances causing the revocation or causing the revocation process."], ["14:14:3.0.1.2.20.2.3.2", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "B", "Subpart B\u2014Certification", "", "\u00a7 145.53 Issue of certificate.", "FAA", "", "", "[Docket FAA-2003-15085, 70 FR 58831, Oct. 7, 2005, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014]", "(a) Except as provided in \u00a7 145.51(e) or paragraph (b), (c), or (d) of this section, a person who meets the requirements of subparts A through E of this part is entitled to a repair station certificate with appropriate ratings prescribing such operations specifications and limitations as are necessary in the interest of safety.\n\n(b) If the person is located in a country with which the United States has a bilateral aviation safety agreement, the FAA may find that the person meets the requirements of this part based on a certification from the civil aviation authority of that country. This certification must be made in accordance with implementation procedures signed by the Administrator or the Administrator's designee.\n\n(c) Before a repair station certificate can be issued for a repair station that is located within the United States, the applicant shall certify in writing that all \u201chazmat employees\u201d (see 49 CFR 171.8) for the repair station, its contractors, or subcontractors are trained as required in 49 CFR part 172 subpart H.\n\n(d) Before a repair station certificate can be issued for a repair station that is located outside the United States, the applicant shall certify in writing that all employees for the repair station, its contractors, or subcontractors performing a job function concerning the transport of dangerous goods (hazardous material) are trained as outlined in the most current edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air."], ["14:14:3.0.1.2.20.2.3.3", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "B", "Subpart B\u2014Certification", "", "\u00a7 145.55 Duration and renewal of certificate.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014]", "(a) A certificate or rating issued to a repair station located in the United States is effective from the date of issue until the repair station surrenders the certificate and the FAA accepts it for cancellation, or the FAA suspends or revokes it.\n\n(b) A certificate or rating issued to a repair station located outside the United States is effective from the date of issue until the last day of the 12th month after the date of issue unless the repair station surrenders the certificate and the FAA accepts it for cancellation, or the FAA suspends or revokes it. The FAA may renew the certificate or rating for 24 months if the repair station has operated in compliance with the applicable requirements of part 145 within the preceding certificate duration period.\n\n(c) A certificated repair station located outside the United States that applies for a renewal of its repair station certificate must\u2014\n\n(1) Submit its request for renewal no later than 30 days before the repair station's current certificate expires. If a request for renewal is not made within this period, the repair station must follow the application procedures in \u00a7 145.51.\n\n(2) Send its request for renewal to the FAA office that has jurisdiction over the certificated repair station.\n\n(3) Show that the fee prescribed by the FAA has been paid.\n\n(d) The holder of an expired, surrendered, suspended, or revoked certificate must return it to the FAA."], ["14:14:3.0.1.2.20.2.3.4", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "B", "Subpart B\u2014Certification", "", "\u00a7 145.57 Amendment to or transfer of certificate.", "FAA", "", "", "[Docket FAA-2006-26408, 79 FR 46984, Aug. 12, 2014]", "(a) A repair station certificate holder applying for a change to its certificate must submit a request in a format acceptable to the Administrator. A change to the certificate must include certification in compliance with \u00a7 145.53(c) or (d), if not previously submitted. A certificate change is necessary if the certificate holder\u2014\n\n(1) Changes the name or location of the repair station, or\n\n(2) Requests to add or amend a rating.\n\n(b) If the holder of a repair station certificate sells or transfers its assets and the new owner chooses to operate as a repair station, the new owner must apply for an amended or new certificate in accordance with \u00a7 145.51."], ["14:14:3.0.1.2.20.2.3.5", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "B", "Subpart B\u2014Certification", "", "\u00a7 145.59 Ratings.", "FAA", "", "", "", "The following ratings are issued under this subpart:\n\n(a)  Airframe ratings.  (1)  Class 1:  Composite construction of small aircraft.\n\n(2)  Class 2:  Composite construction of large aircraft.\n\n(3)  Class 3:  All-metal construction of small aircraft.\n\n(4)  Class 4:  All-metal construction of large aircraft.\n\n(b)  Powerplant ratings.  (1)  Class 1:  Reciprocating engines of 400 horsepower or less.\n\n(2)  Class 2:  Reciprocating engines of more than 400 horsepower.\n\n(3)  Class 3:  Turbine engines.\n\n(c)  Propeller ratings.  (1)  Class 1:  Fixed-pitch and ground-adjustable propellers of wood, metal, or composite construction.\n\n(2)  Class 2:  Other propellers, by make.\n\n(d)  Radio ratings.  (1)  Class 1:  Communication equipment. Radio transmitting and/or receiving equipment used in an aircraft to send or receive communications in flight, regardless of carrier frequency or type of modulation used. This equipment includes auxiliary and related aircraft interphone systems, amplifier systems, electrical or electronic intercrew signaling devices, and similar equipment. This equipment does not include equipment used for navigating or aiding navigation of aircraft, equipment used for measuring altitude or terrain clearance, other measuring equipment operated on radio or radar principles, or mechanical, electrical, gyroscopic, or electronic instruments that are a part of communications radio equipment.\n\n(2)  Class 2:  Navigational equipment. A radio system used in an aircraft for en route or approach navigation. This does not include equipment operated on radar or pulsed radio frequency principles, or equipment used for measuring altitude or terrain clearance.\n\n(3)  Class 3:  Radar equipment. An aircraft electronic system operated on radar or pulsed radio frequency principles.\n\n(e)  Instrument ratings.  (1)  Class 1:  Mechanical. A diaphragm, bourdon tube, aneroid, optical, or mechanically driven centrifugal instrument used on aircraft or to operate aircraft, including tachometers, airspeed indicators, pressure gauges drift sights, magnetic compasses, altimeters, or similar mechanical instruments.\n\n(2)  Class 2:  Electrical. Self-synchronous and electrical-indicating instruments and systems, including remote indicating instruments, cylinder head temperature gauges, or similar electrical instruments.\n\n(3)  Class 3:  Gyroscopic. An instrument or system using gyroscopic principles and motivated by air pressure or electrical energy, including automatic pilot control units, turn and bank indicators, directional gyros, and their parts, and flux gate and gyrosyn compasses.\n\n(4)  Class 4:  Electronic. An instrument whose operation depends on electron tubes, transistors, or similar devices, including capacitance type quantity gauges, system amplifiers, and engine analyzers.\n\n(f)  Accessory ratings.  (1)  Class 1:  A mechanical accessory that depends on friction, hydraulics, mechanical linkage, or pneumatic pressure for operation, including aircraft wheel brakes, mechanically driven pumps, carburetors, aircraft wheel assemblies, shock absorber struts and hydraulic servo units.\n\n(2)  Class 2:  An electrical accessory that depends on electrical energy for its operation, and a generator, including starters, voltage regulators, electric motors, electrically driven fuel pumps magnetos, or similar electrical accessories.\n\n(3)  Class 3:  An electronic accessory that depends on the use of an electron tube transistor, or similar device, including supercharger, temperature, air conditioning controls, or similar electronic controls."], ["14:14:3.0.1.2.20.2.3.6", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "B", "Subpart B\u2014Certification", "", "\u00a7 145.61 Limited ratings.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2016-8744, Amdt. 145-31, 81 FR 49163, July 27, 2016]", "(a) The FAA may issue a limited rating to a certificated repair station that maintains or alters only a particular type of airframe, powerplant, propeller, radio, instrument, or accessory, or part thereof, or performs only specialized maintenance requiring equipment and skills not ordinarily performed under other repair station ratings. Such a rating may be limited to a specific model aircraft, engine, or constituent part, or to any number of parts made by a particular manufacturer.\n\n(b) The FAA issues limited ratings for\u2014\n\n(1) Airframes of a particular make and model;\n\n(2) Engines of a particular make and model;\n\n(3) Propellers of a particular make and model;\n\n(4) Instruments of a particular make and model;\n\n(5) Radio equipment of a particular make and model;\n\n(6) Accessories of a particular make and model;\n\n(7) Landing gear components;\n\n(8) Floats, by make;\n\n(9) Nondestructive inspection, testing, and processing;\n\n(10) Emergency equipment;\n\n(11) Rotor blades, by make and model;\n\n(12) Aircraft fabric work;\n\n(13) Any other purpose for which the FAA finds the applicant's request is appropriate.\n\n(c) For a limited rating for specialized services, the operations specifications of the repair station must contain the specification used to perform the specialized service. The specification may be\u2014\n\n(1) A civil or military specification currently used by industry and approved by the FAA, or\n\n(2) A specification developed by the applicant and approved by the FAA."], ["14:14:3.0.1.2.20.3.3.1", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "C", "Subpart C\u2014Housing, Facilities, Equipment, Materials, and Data", "", "\u00a7 145.101 General.", "FAA", "", "", "", "A certificated repair station must provide housing, facilities, equipment, materials, and data that meet the applicable requirements for the issuance of the certificate and ratings the repair station holds."], ["14:14:3.0.1.2.20.3.3.2", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "C", "Subpart C\u2014Housing, Facilities, Equipment, Materials, and Data", "", "\u00a7 145.103 Housing and facilities requirements.", "FAA", "", "", "[Docket FAA-2016-8744, Amdt. 145-31, 81 FR 49163, July 27, 2016]", "(a) Each certificated repair station must provide\u2014\n\n(1) Housing for the facilities, equipment, materials, and personnel consistent with its ratings and limitations.\n\n(2) Facilities for properly performing the maintenance, preventive maintenance, or alterations of articles or the specialized service for which it is rated. Facilities must include the following:\n\n(i) Sufficient work space and areas for the proper segregation and protection of articles during all maintenance, preventive maintenance, or alterations.\n\n(ii) Segregated work areas enabling environmentally hazardous or sensitive operations such as painting, cleaning, welding, avionics work, electronic work, and machining to be done properly and in a manner that does not adversely affect other maintenance or alteration articles or activities;\n\n(iii) Suitable racks, hoists, trays, stands, and other segregation means for the storage and protection of all articles undergoing maintenance, preventive maintenance, or alterations, and;\n\n(iv) Space sufficient to segregate articles and materials stocked for installation from those articles undergoing maintenance, preventive maintenance, or alterations to the standards required by this part.\n\n(v) Ventilation, lighting, and control of temperature, humidity, and other climatic conditions sufficient to ensure personnel perform maintenance, preventive maintenance, or alterations to the standards required by this part.\n\n(b) A certificated repair station may perform maintenance, preventive maintenance, or alterations on articles outside of its housing if it provides suitable facilities that are acceptable to the FAA and meet the requirements of \u00a7 145.103(a) so that the work can be done in accordance with the requirements of part 43 of this chapter."], ["14:14:3.0.1.2.20.3.3.3", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "C", "Subpart C\u2014Housing, Facilities, Equipment, Materials, and Data", "", "\u00a7 145.105 Change of location, housing, or facilities.", "FAA", "", "", "", "(a) A certificated repair station may not change the location of its housing without written approval from the FAA.\n\n(b) A certificated repair station may not make any changes to its housing or facilities required by \u00a7 145.103 that could have a significant effect on its ability to perform the maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications without written approval from the FAA.\n\n(c) The FAA may prescribe the conditions, including any limitations, under which a certificated repair station must operate while it is changing its location, housing, or facilities."], ["14:14:3.0.1.2.20.3.3.4", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "C", "Subpart C\u2014Housing, Facilities, Equipment, Materials, and Data", "", "\u00a7 145.107 Satellite repair stations.", "FAA", "", "", "", "(a) A certificated repair station under the managerial control of another certificated repair station may operate as a satellite repair station with its own certificate issued by the FAA. A satellite repair station\u2014\n\n(1) May not hold a rating not held by the certificated repair station with managerial control;\n\n(2) Must meet the requirements for each rating it holds;\n\n(3) Must submit a repair station manual acceptable to the FAA as required by \u00a7 145.207; and\n\n(4) Must submit a quality control manual acceptable to the FAA as required by \u00a7 145.211(c).\n\n(b) Unless the FAA indicates otherwise, personnel and equipment from the certificated repair station with managerial control and from each of the satellite repair stations may be shared. However, inspection personnel must be designated for each satellite repair station and available at the satellite repair station any time a determination of airworthiness or return to service is made. In other circumstances, inspection personnel may be away from the premises but must be available by telephone, radio, or other electronic means.\n\n(c) A satellite repair station may not be located in a country other than the domicile country of the certificated repair station with managerial control."], ["14:14:3.0.1.2.20.3.3.5", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "C", "Subpart C\u2014Housing, Facilities, Equipment, Materials, and Data", "", "\u00a7 145.109 Equipment, materials, and data requirements.", "FAA", "", "", "", "(a) Except as otherwise prescribed by the FAA, a certificated repair station must have the equipment, tools, and materials necessary to perform the maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications in accordance with part 43. The equipment, tools, and material must be located on the premises and under the repair station's control when the work is being done.\n\n(b) A certificated repair station must ensure all test and inspection equipment and tools used to make airworthiness determinations on articles are calibrated to a standard acceptable to the FAA.\n\n(c) The equipment, tools, and material must be those recommended by the manufacturer of the article or must be at least equivalent to those recommended by the manufacturer and acceptable to the FAA.\n\n(d) A certificated repair station must maintain, in a format acceptable to the FAA, the documents and data required for the performance of maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications in accordance with part 43. The following documents and data must be current and accessible when the relevant work is being done:\n\n(1) Airworthiness directives,\n\n(2) Instructions for continued airworthiness,\n\n(3) Maintenance manuals,\n\n(4) Overhaul manuals,\n\n(5) Standard practice manuals,\n\n(6) Service bulletins, and\n\n(7) Other applicable data acceptable to or approved by the FAA."], ["14:14:3.0.1.2.20.4.3.1", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.151 Personnel requirements.", "FAA", "", "", "", "Each certificated repair station must\u2014\n\n(a) Designate a repair station employee as the accountable manager;\n\n(b) Provide qualified personnel to plan, supervise, perform, and approve for return to service the maintenance, preventive maintenance, or alterations performed under the repair station certificate and operations specifications;\n\n(c) Ensure it has a sufficient number of employees with the training or knowledge and experience in the performance of maintenance, preventive maintenance, or alterations authorized by the repair station certificate and operations specifications to ensure all work is performed in accordance with part 43; and\n\n(d) Determine the abilities of its noncertificated employees performing maintenance functions based on training, knowledge, experience, or practical tests."], ["14:14:3.0.1.2.20.4.3.2", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.153 Supervisory personnel requirements.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014]", "(a) A certificated repair station must ensure it has a sufficient number of supervisors to direct the work performed under the repair station certificate and operations specifications. The supervisors must oversee the work performed by any individuals who are unfamiliar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations.\n\n(b) Each supervisor must\u2014\n\n(1) If employed by a repair station located inside the United States, be appropriately certificated as a mechanic or repairman under part 65 of this chapter for the work being supervised.\n\n(2) If employed by a repair station located outside the United States\u2014\n\n(i) Have a minimum of 18 months of practical experience in the work being performed; or\n\n(ii) Be trained in or thoroughly familiar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations.\n\n(c) A certificated repair station must ensure its supervisors understand, read, and write English."], ["14:14:3.0.1.2.20.4.3.3", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.155 Inspection personnel requirements.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46985, Aug. 12, 2014]", "(a) A certificated repair station must ensure that persons performing inspections under the repair station certificate and operations specifications are\u2014\n\n(1) Thoroughly familiar with the applicable regulations in this chapter and with the inspection methods, techniques, practices, aids, equipment, and tools used to determine the airworthiness of the article on which maintenance, preventive maintenance, or alterations are being performed; and\n\n(2) Proficient in using the various types of inspection equipment and visual inspection aids appropriate for the article being inspected.\n\n(b) A certificated repair station must ensure its inspectors understand, read, and write English."], ["14:14:3.0.1.2.20.4.3.4", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.157 Personnel authorized to approve an article for return to service.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46985, Aug. 12, 2014]", "(a) A certificated repair station located inside the United States must ensure each person authorized to approve an article for return to service under the repair station certificate and operations specifications is appropriately certificated as a mechanic or repairman under part 65.\n\n(b) A certificated repair station located outside the United States must ensure each person authorized to approve an article for return to service under the repair station certificate and operations specifications is\u2014\n\n(1) Trained in or has 18 months practical experience with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations; and\n\n(2) Thoroughly familiar with the applicable regulations in this chapter and proficient in the use of the various inspection methods, techniques, practices, aids, equipment, and tools appropriate for the work being performed and approved for return to service.\n\n(c) A certificated repair station must ensure each person authorized to approve an article for return to service understands, reads, and writes English."], ["14:14:3.0.1.2.20.4.3.5", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.159 Recommendation of a person for certification as a repairman.", "FAA", "", "", "", "A certificated repair station that chooses to use repairmen to meet the applicable personnel requirements of this part must certify in a format acceptable to the FAA that each person recommended for certification as a repairman\u2014\n\n(a) Is employed by the repair station, and\n\n(b) Meets the eligibility requirements of \u00a7 65.101."], ["14:14:3.0.1.2.20.4.3.6", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.160 Employment of former FAA employees.", "FAA", "", "", "[Docket FAA-2008-1154, 76 FR 52237, Aug. 22, 2011]", "(a) Except as specified in paragraph (c) of this section, no holder of a repair station certificate may knowingly employ or make a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual, in the preceding 2 years\u2014\n\n(1) Served as, or was directly responsible for the oversight of, a Flight Standards Service aviation safety inspector; and\n\n(2) Had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder.\n\n(b) For the purpose of this section, an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the agency if the individual makes any written or oral communication on behalf of the certificate holder to the agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safety inspector.\n\n(c) The provisions of this section do not prohibit a holder of a repair station certificate from knowingly employing or making a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual was employed by the certificate holder before October 21, 2011."], ["14:14:3.0.1.2.20.4.3.7", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.161 Records of management, supervisory, and inspection personnel.", "FAA", "", "", "", "(a) A certificated repair station must maintain and make available in a format acceptable to the FAA the following:\n\n(1) A roster of management and supervisory personnel that includes the names of the repair station officials who are responsible for its management and the names of its supervisors who oversee maintenance functions.\n\n(2) A roster with the names of all inspection personnel.\n\n(3) A roster of personnel authorized to sign a maintenance release for approving a maintained or altered article for return to service.\n\n(4) A summary of the employment of each individual whose name is on the personnel rosters required by paragraphs (a)(1) through (a)(3) of this section. The summary must contain enough information on each individual listed on the roster to show compliance with the experience requirements of this part and must include the following:\n\n(i) Present title,\n\n(ii) Total years of experience and the type of maintenance work performed,\n\n(iii) Past relevant employment with names of employers and periods of employment,\n\n(iv) Scope of present employment, and\n\n(v) The type of mechanic or repairman certificate held and the ratings on that certificate, if applicable.\n\n(b) Within 5 business days of the change, the rosters required by this section must reflect changes caused by termination, reassignment, change in duties or scope of assignment, or addition of personnel."], ["14:14:3.0.1.2.20.4.3.8", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.163 Training requirements.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended at 70 FR 15581, Mar. 28, 2005; Amdt. 145-30, 79 FR 46985, Aug. 12, 2014; Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018]", "(a) A certificated repair station must have and use an employee training program approved by the FAA that consists of initial and recurrent training. An applicant for a repair station certificate must submit a training program for approval by the FAA as required by \u00a7 145.51(a)(7).\n\n(b) The training program must ensure each employee assigned to perform maintenance, preventive maintenance, or alterations, and inspection functions is capable of performing the assigned task.\n\n(c) A certificated repair station must document, in a format acceptable to the FAA, the individual employee training required under paragraph (a) of this section. These training records must be retained for a minimum of 2 years.\n\n(d) A certificated repair station must submit revisions to its training program to its responsible Flight Standards office in accordance with the procedures required by \u00a7 145.209(e)."], ["14:14:3.0.1.2.20.4.3.9", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "D", "Subpart D\u2014Personnel", "", "\u00a7 145.165 Hazardous materials training.", "FAA", "", "", "[Docket FAA-2003-15085, 70 FR 58831, Oct. 7, 2005]", "(a) Each repair station that meets the definition of a hazmat employer under 49 CFR 171.8 must have a hazardous materials training program that meets the training requirements of 49 CFR part 172 subpart H.\n\n(b) A repair station employee may not perform or directly supervise a job function listed in \u00a7 121.1001 or \u00a7 135.501 for, or on behalf of the part 121 or 135 operator including loading of items for transport on an aircraft operated by a part 121 or part 135 certificate holder unless that person has received training in accordance with the part 121 or part 135 operator's FAA approved hazardous materials training program."], ["14:14:3.0.1.2.20.5.3.1", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.201 Privileges and limitations of certificate.", "FAA", "", "", "", "(a) A certificated repair station may\u2014\n\n(1) Perform maintenance, preventive maintenance, or alterations in accordance with part 43 on any article for which it is rated and within the limitations in its operations specifications.\n\n(2) Arrange for another person to perform the maintenance, preventive maintenance, or alterations of any article for which the certificated repair station is rated. If that person is not certificated under part 145, the certificated repair station must ensure that the noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station.\n\n(3) Approve for return to service any article for which it is rated after it has performed maintenance, preventive maintenance, or an alteration in accordance with part 43.\n\n(b) A certificated repair station may not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated if it requires special technical data, equipment, or facilities that are not available to it.\n\n(c) A certificated repair station may not approve for return to service'\n\n(1) Any article unless the maintenance, preventive maintenance, or alteration was performed in accordance with the applicable approved technical data or data acceptable to the FAA.\n\n(2) Any article after a major repair or major alteration unless the major repair or major alteration was performed in accordance with applicable approved technical data; and\n\n(3) Any experimental aircraft after a major repair or major alteration performed under \u00a7 43.1(b) unless the major repair or major alteration was performed in accordance with methods and applicable technical data acceptable to the FAA."], ["14:14:3.0.1.2.20.5.3.10", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.217 Contract maintenance.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018]", "(a) A certificated repair station may contract a maintenance function pertaining to an article to an outside source provided\u2014\n\n(1) The FAA approves the maintenance function to be contracted to the outside source; and\n\n(2) The repair station maintains and makes available to its responsible Flight Standards office, in a format acceptable to the FAA, the following information:\n\n(i) The maintenance functions contracted to each outside facility; and\n\n(ii) The name of each outside facility to whom the repair station contracts maintenance functions and the type of certificate and ratings, if any, held by each facility.\n\n(b) A certificated repair station may contract a maintenance function pertaining to an article to a noncertificated person provided\u2014\n\n(1) The noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station;\n\n(2) The certificated repair station remains directly in charge of the work performed by the noncertificated person; and\n\n(3) The certificated repair station verifies, by test and/or inspection, that the work has been performed satisfactorily by the noncertificated person and that the article is airworthy before approving it for return to service.\n\n(c) A certificated repair station may not provide only approval for return to service of a complete type-certificated product following contract maintenance, preventive maintenance, or alterations."], ["14:14:3.0.1.2.20.5.3.11", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.219 Recordkeeping.", "FAA", "", "", "", "(a) A certificated repair station must retain records in English that demonstrate compliance with the requirements of part 43. The records must be retained in a format acceptable to the FAA.\n\n(b) A certificated repair station must provide a copy of the maintenance release to the owner or operator of the article on which the maintenance, preventive maintenance, or alteration was performed.\n\n(c) A certificated repair station must retain the records required by this section for at least 2 years from the date the article was approved for return to service.\n\n(d) A certificated repair station must make all required records available for inspection by the FAA and the National Transportation Safety Board."], ["14:14:3.0.1.2.20.5.3.12", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.221 Service difficulty reports.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 22, 68 FR 75382, Dec. 30, 2003; Amdt. 145-26, 70 FR 76979, Dec. 29, 2005; Amdt. 145-30, 79 FR 46985, Aug. 12, 2014; Amdt. 145-30A, 79 FR 66607, Nov. 10, 2014]", "(a) A certificated repair station must report to the FAA within 96 hours after it discovers any serious failure, malfunction, or defect of an article. The report must be in a format acceptable to the FAA.\n\n(b) The report required under paragraph (a) of this section must include as much of the following information as is available:\n\n(1) Aircraft registration number;\n\n(2) Type, make, and model of the article;\n\n(3) Date of the discovery of the failure, malfunction, or defect;\n\n(4) Nature of the failure, malfunction, or defect;\n\n(5) Time since last overhaul, if applicable;\n\n(6) Apparent cause of the failure, malfunction, or defect; and\n\n(7) Other pertinent information that is necessary for more complete identification, determination of seriousness, or corrective action.\n\n(c) The holder of a repair station certificate that is also the holder of a part 121, 125, or 135 certificate; type certificate (including a supplemental type certificate); parts manufacturer approval; or technical standard order authorization, or that is the licensee of a type certificate holder, does not need to report a failure, malfunction, or defect under this section if the failure, malfunction, or defect has been reported under parts 21, 121, 125, or 135 of this chapter.\n\n(d) A certificated repair station may submit a service difficulty report for the following:\n\n(1) A part 121 certificate holder, provided the report meets the requirements of part 121 of this chapter, as appropriate.\n\n(2) A part 125 certificate holder, provided the report meets the requirements of part 125 of this chapter, as appropriate.\n\n(3) A part 135 certificate holder, provided the report meets the requirements of part 135 of the chapter, as appropriate.\n\n(e) A certificated repair station authorized to report a failure, malfunction, or defect under paragraph (d) of this section must not report the same failure, malfunction, or defect under paragraph (a) of this section. A copy of the report submitted under paragraph (d) of this section must be forwarded to the certificate holder."], ["14:14:3.0.1.2.20.5.3.13", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.223 FAA inspections.", "FAA", "", "", "", "(a) A certificated repair station must allow the FAA to inspect that repair station at any time to determine compliance with this chapter.\n\n(b) A certificated repair station may not contract for the performance of a maintenance function on an article with a noncertificated person unless it provides in its contract with the noncertificated person that the FAA may make an inspection and observe the performance of the noncertificated person's work on the article.\n\n(c) A certificated repair station may not return to service any article on which a maintenance function was performed by a noncertificated person if the noncertificated person does not permit the FAA to make the inspection described in paragraph (b) of this section."], ["14:14:3.0.1.2.20.5.3.2", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.203 Work performed at another location.", "FAA", "", "", "", "A certificated repair station may temporarily transport material, equipment, and personnel needed to perform maintenance, preventive maintenance, alterations, or certain specialized services on an article for which it is rated to a place other than the repair station's fixed location if the following requirements are met:\n\n(a) The work is necessary due to a special circumstance, as determined by the FAA; or\n\n(b) It is necessary to perform such work on a recurring basis, and the repair station's manual includes the procedures for accomplishing maintenance, preventive maintenance, alterations, or specialized services at a place other than the repair station's fixed location."], ["14:14:3.0.1.2.20.5.3.3", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.205 Maintenance, preventive maintenance, and alterations performed for certificate holders under parts 121, 125, and 135, and for foreign air carriers or foreign persons operating a U.S.-registered aircraft in common carriage under part 129.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2016-8744, Amdt. 145-31, 81 FR 49163, July 27, 2016]", "(a) A certificated repair station that performs maintenance, preventive maintenance, or alterations for an air carrier or commercial operator that has a continuous airworthiness maintenance program under part 121 or part 135 must follow the air carrier's or commercial operator's program and applicable sections of its maintenance manual.\n\n(b) A certificated repair station that performs inspections for a certificate holder conducting operations under part 125 must follow the operator's FAA-approved inspection program.\n\n(c) A certificated repair station that performs maintenance, preventive maintenance, or alterations for a foreign air carrier or foreign person operating a U.S.-registered aircraft under part 129 must follow the operator's FAA-approved maintenance program.\n\n(d) The FAA may grant approval for a certificated repair station to perform line maintenance for an air carrier certificated under part 121 or part 135 of this chapter, or a foreign air carrier or foreign person operating a U.S.-registered aircraft in common carriage under part 129 of this chapter on any aircraft of that air carrier or person, provided-\n\n(1) The certificated repair station performs such line maintenance in accordance with the operator's manual, if applicable, and approved maintenance program;\n\n(2) The certificated repair station has the necessary equipment, trained personnel, and technical data to perform such line maintenance; and\n\n(3) The certificated repair station's operations specifications include an authorization to perform line maintenance."], ["14:14:3.0.1.2.20.5.3.4", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.206 Notification of hazardous materials authorizations.", "FAA", "", "", "[Docket FAA-2003-15085, 70 FR 58831, Oct. 7, 2005, as amended by Amdt. 145-25, 70 FR 75397, Dec. 20, 2005]", "(a) Each repair station must acknowledge receipt of the part 121 or part 135 operator notification required under \u00a7\u00a7 121.1005(e) and 135.505(e) of this chapter prior to performing work for, or on behalf of that certificate holder.\n\n(b) Prior to performing work for or on behalf of a part 121 or part 135 operator, each repair station must notify its employees, contractors, or subcontractors that handle or replace aircraft components or other items regulated by 49 CFR parts 171 through 180 of each certificate holder's operations specifications authorization permitting, or prohibition against, carrying hazardous materials. This notification must be provided subsequent to the notification by the part 121 or part 135 operator of such operations specifications authorization/designation."], ["14:14:3.0.1.2.20.5.3.5", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.207 Repair station manual.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018]", "(a) A certificated repair station must prepare and follow a repair station manual acceptable to the FAA.\n\n(b) A certificated repair station must maintain a current repair station manual.\n\n(c) A certificated repair station's current repair station manual must be accessible for use by repair station personnel required by subpart D of this part.\n\n(d) A certificated repair station must provide to its responsible Flight Standards office the current repair station manual in a format acceptable to the FAA.\n\n(e) A certificated repair station must notify its responsible Flight Standards office of each revision of its repair station manual in accordance with the procedures required by \u00a7 145.209(j)."], ["14:14:3.0.1.2.20.5.3.6", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.209 Repair station manual contents.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018]", "A certificated repair station's manual must include the following:\n\n(a) An organizational chart identifying\u2014\n\n(1) Each management position with authority to act on behalf of the repair station,\n\n(2) The area of responsibility assigned to each management position, and\n\n(3) The duties, responsibilities, and authority of each management position;\n\n(b) Procedures for maintaining and revising the rosters required by \u00a7 145.161;\n\n(c) A description of the certificated repair station's operations, including the housing, facilities, equipment, and materials as required by subpart C of this part;\n\n(d) Procedures for\u2014\n\n(1) Revising the capability list provided for in \u00a7 145.215 and notifying the responsible Flight Standards office of revisions to the list, including how often the responsible Flight Standards office will be notified of revisions; and\n\n(2) The self-evaluation required under \u00a7 145.215(c) for revising the capability list, including methods and frequency of such evaluations, and procedures for reporting the results to the appropriate manager for review and action;\n\n(e) Procedures for revising the training program required by \u00a7 145.163 and submitting revisions to the responsible Flight Standards office for approval;\n\n(f) Procedures to govern work performed at another location in accordance with \u00a7 145.203;\n\n(g) Procedures for maintenance, preventive maintenance, or alterations performed under \u00a7 145.205;\n\n(h) Procedures for\u2014\n\n(1) Maintaining and revising the contract maintenance information required by \u00a7 145.217(a)(2)(i), including submitting revisions to the responsible Flight Standards office for approval; and\n\n(2) Maintaining and revising the contract maintenance information required by \u00a7 145.217(a)(2)(ii) and notifying the responsible Flight Standards office of revisions to this information, including how often the responsible Flight Standards office will be notified of revisions;\n\n(i) A description of the required records and the recordkeeping system used to obtain, store, and retrieve the required records;\n\n(j) Procedures for revising the repair station's manual and notifying its responsible Flight Standards office of revisions to the manual, including how often the responsible Flight Standards office will be notified of revisions; and\n\n(k) A description of the system used to identify and control sections of the repair station manual."], ["14:14:3.0.1.2.20.5.3.7", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.211 Quality control system.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018]", "(a) A certificated repair station must establish and maintain a quality control system acceptable to the FAA that ensures the airworthiness of the articles on which the repair station or any of its contractors performs maintenance, preventive maintenance, or alterations.\n\n(b) Repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations under the repair station certificate and operations specifications.\n\n(c) A certificated repair station must prepare and keep current a quality control manual in a format acceptable to the FAA that includes the following:\n\n(1) A description of the system and procedures used for\u2014\n\n(i) Inspecting incoming raw materials to ensure acceptable quality;\n\n(ii) Performing preliminary inspection of all articles that are maintained;\n\n(iii) Inspecting all articles that have been involved in an accident for hidden damage before maintenance, preventive maintenance, or alteration is performed;\n\n(iv) Establishing and maintaining proficiency of inspection personnel;\n\n(v) Establishing and maintaining current technical data for maintaining articles;\n\n(vi) Qualifying and surveilling noncertificated persons who perform maintenance, prevention maintenance, or alterations for the repair station;\n\n(vii) Performing final inspection and return to service of maintained articles;\n\n(viii) Calibrating measuring and test equipment used in maintaining articles, including the intervals at which the equipment will be calibrated; and\n\n(ix) Taking corrective action on deficiencies;\n\n(2) References, where applicable, to the manufacturer's inspection standards for a particular article, including reference to any data specified by that manufacturer;\n\n(3) A sample of the inspection and maintenance forms and instructions for completing such forms or a reference to a separate forms manual; and\n\n(4) Procedures for revising the quality control manual required under this section and notifying the responsible Flight Standards office of the revisions, including how often the responsible Flight Standards office will be notified of revisions.\n\n(d) A certificated repair station must notify its responsible Flight Standards office of revisions to its quality control manual."], ["14:14:3.0.1.2.20.5.3.8", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.213 Inspection of maintenance, preventive maintenance, or alterations.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46985, Aug. 12, 2014]", "(a) A certificated repair station must inspect each article upon which it has performed maintenance, preventive maintenance, or alterations as described in paragraphs (b) and (c) of this section before approving that article for return to service.\n\n(b) A certificated repair station must certify on an article's maintenance release that the article is airworthy with respect to the maintenance, preventive maintenance, or alterations performed after\u2014\n\n(1) The repair station performs work on the article; and\n\n(2) An inspector inspects the article on which the repair station has performed work and determines it to be airworthy with respect to the work performed.\n\n(c) For the purposes of paragraphs (a) and (b) of this section, an inspector must meet the requirements of \u00a7 145.155.\n\n(d) Except for individuals employed by a repair station located outside the United States, only an employee appropriately certificated as a mechanic or repairman under part 65 is authorized to sign off on final inspections and maintenance releases for the repair station."], ["14:14:3.0.1.2.20.5.3.9", 14, "Aeronautics and Space", "I", "H", "145", "PART 145\u2014REPAIR STATIONS", "E", "Subpart E\u2014Operating Rules", "", "\u00a7 145.215 Capability list.", "FAA", "", "", "[Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018]", "(a) A certificated repair station with a limited rating may perform maintenance, preventive maintenance, or alterations on an article if the article is listed on a current capability list acceptable to the FAA or on the repair station's operations specifications.\n\n(b) The capability list must identify each article by make and model or other nomenclature designated by the article's manufacturer and be available in a format acceptable to the FAA.\n\n(c) An article may be listed on the capability list only if the article is within the scope of the ratings of the repair station's certificate, and only after the repair station has performed a self-evaluation in accordance with the procedures under \u00a7 145.209(d)(2). The repair station must perform this self-evaluation to determine that the repair station has all of the housing, facilities, equipment, material, technical data, processes, and trained personnel in place to perform the work on the article as required by part 145. The repair station must retain on file documentation of the evaluation.\n\n(d) Upon listing an additional article on its capability list, the repair station must provide its responsible Flight Standards office with a copy of the revised list in accordance with the procedures required in \u00a7 145.209(d)(1)."], ["17:17:2.0.1.1.17.0.1.1", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.0 Definitions.", "CFTC", "", "", "[82 FR 28003, June 20, 2017, as amended at 89 FR 71817, Sept. 4, 2024]", "For the purposes of part 145 the following definitions are applicable:\n\n(a)  FOIA Compliance Staff \u2014refers to the Freedom of Information Act compliance staff assigned to respond to requests for information under the Freedom of Information Act.\n\n(b)  Public records \u2014in addition to the records described in \u00a7 145.1 (material published in the  Federal Register ) and in \u00a7 145.2 (records required to be made publicly available under the Freedom of Information Act), includes those records that have been determined by the Commission to be generally available to the public directly upon oral or written request from the Commission office or division responsible for the maintenance of such records. A compilation of Commission records routinely available to the public upon request appears in appendix A to this part 145.\n\n(c)  Nonpublic records \u2014are records not identified in \u00a7 145.1, \u00a7 145.2, or appendix A of this part 145. Nonpublic records must be requested, in writing, in accordance with the provisions of \u00a7 145.7.\n\n(d)  Record \u2014is any information or agency record maintained by the Commission in any format, including an electronic format. It includes any document, writing, photograph, sound or magnetic recording, videotape, microfiche, drawing, or computer-stored information or output in the possession of the Commission. The term \u201crecord\u201d does not include personal convenience materials over which the Commission has no control, such as appointment calendars and handwritten notes, which may be retained or destroyed at an employee's discretion."], ["17:17:2.0.1.1.17.0.1.10", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.9 Petition for confidential treatment of information submitted to the Commission.", "CFTC", "", "", "[51 FR 26871, July 28, 1986, as amended at 64 FR 26, Jan. 4, 1999; 69 FR 67507, Nov. 18, 2004; 74 FR 17395, Apr. 15, 2009; 77 FR 66348, Nov. 2, 2012; 89 FR 71817, Sept. 4, 2024]", "(a)  Purpose.  This section provides a procedure by which persons submitting information in any form to the Commission can request that the information not be disclosed pursuant to a request under the Freedom of Information Act, 5 U.S.C. 552. This section does not affect the Commission's right, authority, or obligation to disclose information in any other context.\n\n(b)  Scope.  The provisions of this section shall apply only where the Commission has not specified that an alternative procedure be utilized in connection with a particular study, report, investigation, or other matter. See 40.8 for procedures to be utilized in connection with filing information required to be filed pursuant to 17 CFR parts 40 and 41.\n\n(c)  Definitions.  The following definitions apply to this section:\n\n(1)  Submitter.  A \u201csubmitter\u201d is any person who submits any information or material to the Commission or who permits any information or material to be submitted to the Commission. For purposes of paragraph (d)(1)(ii) of this section only, \u201csubmitter\u201d includes any person whose information has been submitted to a designated contract market, derivatives clearing organization, swap execution facility, swap data repository or registered futures association that in turn has submitted the information to the Commission.\n\n(2)  FOIA requester.  A \u201cFOIA requester\u201d is any person who files with the Commission a request to inspect or copy Commission records or documents pursuant to the Freedom of Information Act, 5 U.S.C. 552.\n\n(d)  Written request for confidential treatment.  (1) Any submitter may request in writing that the Commission afford confidential treatment under the Freedom of Information Act to any information that he or she submits to the Commission. Except as provided in paragraph (d)(4) of this section, no oral requests for confidential treatment will be accepted by the Commission. The submitter shall specify the grounds on which confidential treatment is being requested but need not provide a detailed written justification of the request unless required to do so under paragraph (e) of this section. Confidential treatment may be requested only on the grounds that disclosure:\n\n(i) Is specifically exempted by a statute that either requires that the matters be withheld from the public in such manner as to leave no discretion on the issue or establishes particular criteria for withholding or refers to particular types of matters to be withheld.\n\n(ii) Would reveal the submitter's trade secrets or confidential commercial or financial information.\n\n(iii) Would constitute a clearly unwarranted invasion of the submitter's personal privacy.\n\n(iv) Would reveal investigatory records compiled for law enforcement purposes whose disclosure would deprive the submitter of a right to a fair trial or an impartial adjudication.\n\n(v) Would reveal investigatory records compiled for law enforcement purposes whose disclosure would constitute an unwarranted invasion of the personal privacy of the submitter.\n\n(vi) Would reveal investigatory records compiled for law enforcement purposes when disclosure would interfere with enforcement proceedings or disclose investigative techniques and procedures,  provided,  that the claim may be made only by a designated contract market, derivatives clearing organization, swap execution facility, swap data repository or registered futures association with regard to its own investigatory records.\n\n(2) The original of any written request for confidential treatment must be sent to the Office of the General Counsel at the Commission's Washington, DC headquarters, Attn: FOIA compliance staff. A copy of any request for confidential treatment shall be sent to the Commission division or office receiving the original of any material for which confidential treatment is being sought.\n\n(3) A request for confidential treatment shall be clearly marked \u201cFOIA Confidential Treatment Request\u201d and shall contain the name, address, and telephone number of the submitter. The submitter is responsible for informing the FOIA compliance staff of any changes in his or her name, address, and telephone number.\n\n(4) A request for confidential treatment should accompany the material for which confidential treatment is being sought. If a request for confidential treatment is filed after the filing of such material, the submitter shall have the burden of showing that it was not possible to request confidential treatment for that material at the time the material was filed. A request for confidential treatment of a future submission will not be processed. All records which contain information for which a request for confidential treatment is made or the appropriate segregable portions thereof should be marked by the person submitting the records with a prominent stamp, typed legend, or other suitable form of notice on each page or segregable portion of each page stating \u201cConfidential Treatment Requested by [name].\u201d If such marking is impractical under the circumstances, a cover sheet prominently marked \u201cConfidential Treatment Requested by [name]\u201d should be securely attached to each group of records submitted for which confidential treatment is requested. Each of the records transmitted in this matter should be individually marked with an identifying number and code so that they are separately identifiable. In some circumstances, such as when a person is testifying in the course of a Commission investigation or providing documents requested in the course of a Commission inspection, it may be impractical to submit a written request for confidential treatment at the time the information is first provided to the Commission. In no circumstances can the need to comply with the requirements of this section justify or excuse any delay in submitting information to the Commission. Rather, in such circumstances, the person testifying or otherwise submitting information should inform the Commission employee receiving the information, at the time the information is submitted or as soon thereafter as practicable, that the person is requesting confidential treatment for the information. The person shall then submit a written request for confidential treatment within 30 days of the submission of the information. If access is requested under the Freedom of Information Act with respect to material for which no timely request for confidential treatment has been made, it may be presumed that the submitter of the information has waived any interest in asserting that the material is confidential.\n\n(5) A request for confidential treatment shall state the length of time for which confidential treatment is being sought.\n\n(6) A request for confidential treatment (as distinguishing from the material that is the subject of the request) shall be considered a public document. When a submitter deems it necessary to include, in its request for confidential treatment, information for which it seeks confidential treatment, the submitter shall place that information in an appendix to the request.\n\n(7) On 10 business days notice from the FOIA compliance staff, a submitter shall submit a detailed written justification of a request for confidential treatment, as specified in paragraph (e) of this section. Upon request and for good cause shown, the FOIA compliance staff may grant an extension of such time. The FOIA compliance staff will notify the submitter that failure to provide timely a detailed written justification will be deemed a waiver of the submitter's opportunity to appeal an adverse determination.\n\n(8)(i) Requests for confidential treatment for any reasonably segregable material that is not exempt from public disclosure under the Freedom of Information Act, as implemented in \u00a7 145.5, shall be summarily rejected under \u00a7 145.9(d)(9). Requests for confidential treatment of public information contained in financial reports as specified in \u00a7 1.10 shall not be processed. A submitter has the burden of specifying clearly and precisely the material that is the subject of the confidential treatment request. A submitter may be able to meet this burden in various ways, including:\n\n(A) Segregating material for which confidential treatment is being sought;\n\n(B) Submitting two copies of the submission: a copy from which material for which confidential treatment is being sought has been obliterated, deleted, or clearly marked and an unmarked copy; and\n\n(C) Clearly describing the material within a submission for which confidential treatment is being sought.\n\n(ii) A submitter shall not employ a method of specifying the material for which confidential treatment is being sought if that method makes it unduly difficult for the Commission to read the full submission, including all portion claimed to be confidential, in its entirely.\n\n(9) If a submitter fails to follow the procedures set forth in paragraphs (d)(1) through (d)(8) of this section, the FOIA compliance staff may summarily reject the submitter's request for confidential treatment with leave to the submitter to refile a proper petition. Failure of the FOIA compliance staff summarily to reject a confidential treatment request pursuant to this paragraph shall not be construed to indicate that the submitter has complied with the procedures set forth in paragraphs (d)(1) through (d)(8) of this section.\n\n(10) Except as provided in paragraph (d)(9) of this section, no determination with respect to any request for confidential treatment will be made until the Commission receives a Freedom of Information Act request for the material for which confidential treatment is being sought.\n\n(e)  Detailed written justification of request for confidential treatment.  (1) If the FOIA compliance staff determines that a FOIA request seeks material for which confidential treatment has been requested pursuant to \u00a7 145.9, the FOIA compliance staff shall require the submitter to file a detailed written justification of the confidential request within ten business days (unless under \u00a7 145.9(d)(7) an extension of time has been granted) of that determination unless, pursuant to an earlier FOIA request, a prior determination to release or withhold the material has been made, the submitter has already provided sufficient information to grant the request for confidential treatment; or the material is otherwise in the public domain. The detailed written justification shall be filed with the FOIA compliance staff. It shall be clearly marked \u201cDetailed Written Justification of FOIA Confidential Treatment Request\u201d and shall contain the request number supplied by the Commission. The submitter shall also send a copy of the detailed written justification to the FOIA requester at the address specified by the Commission.\n\n(2) The period for filing a detailed written justification may be extended upon request and for good cause shown.\n\n(3) The detailed written justification of the confidential treatment request shall contain:\n\n(i) The reasons, referring to the specific exemptive provisions of the Freedom of Information Act listed in paragraph (d)(1) of this section, why the information that is the subject of the FOIA request should be withheld from access under the Freedom of Information Act;\n\n(ii) The applicability of any specific statutory or regulatory provisions that govern or may govern the treatment of the information;\n\n(iii) The existence and applicability of prior determinations by the Commission, other federal agencies, or courts concerning the specific exemptive provisions of the Freedom of Information Act pursuant to which confidential treatment is being requested. Submitters shall satisfy any evidentiary burdens imposed upon them by applicable Freedom of Information Act case law.\n\n(iv) Such additional facts and authorities as the submitter may consider appropriate.\n\n(4) The detailed written justification of a confidential treatment request shall be accompanied by affidavits to the extent necessary to establish the facts necessary to satisfy the submitter's evidentiary burden.\n\n(5) The detailed written justification of a confidential treatment request (as distinguished from the material that is the subject of the request) shall be considered a public document. However, a submitter will be permitted to submit to the Commission supplementary confidential affidavits with his or her detailed written justification if that is the only way in which he or she can convincingly demonstrate that the material that is the subject of the confidential treatment request should not be disclosed to the FOIA requester.\n\n(f)  Initial determination with respect to petition for confidential treatment.  (1) The FOIA compliance staff, in consultation with the Office in which the record was located, shall issue an initial determination with respect to a confidential treatment request for material that is responsive to the FOIA request. This determination shall be issued at the same time as the initial determination with respect to the FOIA request.  See  \u00a7 145.7(g). To the extent that the initial determination grants a confidential treatment request in full or in part, it should specify the FOIA exemptions upon which this determination is based and briefly describe the material to which each exemption applies.  See  \u00a7 145.7(g)(2). To the extent that the initial determination denies confidential treatment to any material for which confidential treatment was requested, it should briefly describe the material for which confidential treatment is denied.\n\n(2) If the FOIA compliance staff determines that a confidential treatment request shall be denied in full or in part, the submitter shall be informed of his or her right to appeal to the Commission's General Counsel in accordance with the procedures set forth in paragraph (g) of this section. The material for which confidential treatment was denied shall be released to the FOIA requester if the submitter does not file an appeal within 10 business days of the date on which his or her request was denied.\n\n(3) If the FOIA compliance staff determines that a confidential treatment request shall be granted in full or in part, the FOIA requester shall be informed of his or her right to appeal to the Commission's General Counsel in accordance with the procedures set forth in \u00a7 145.7(h).\n\n(g)  Appeal from initial determination that confidential treatment is not warranted.  (1) An appeal from an initial determination to deny a confidential treatment request in full or in part shall be filed with the General Counsel of the Commission. No disclosure of the material that is the subject of the appeal shall be made until the appeal is resolved. If both a submitter and a FOIA requester appeal to the General Counsel from a partial grant and partial denial of a confidential treatment request, those appeals shall be consolidated.\n\n(2) Any appeal of a denial of a request for confidential treatment shall be in writing, and shall be clearly marked \u201cFOIA Confidential Treatment Appeal.\u201d The appeal shall include a copy of the initial determination and shall clearly indicate the portions of the initial determination from which an appeal is being taken.\n\n(3) The appeal shall be sent to the Commission's Office of the General Counsel. A copy of the appeal shall be sent to the FOIA requester. The General Counsel or his or her designee shall have the authority to consider all appeals from initial determinations of the FOIA compliance staff. The General Counsel may, in his sole and unfettered discretion, refer such appeals and questions concerning stays under paragraph (g)(10) of this section to the Commission for decision.\n\n(4) In the appeal, the submitter may supply additional substantiation for his or her request for confidential treatment, including additional affidavits and additional legal argument. Such submissions shall be governed by paragraph (e)(5) of this section.\n\n(5) The FOIA requester shall have an opportunity to respond in writing to the appeal within 10 business days of the date of filing of the FOIA Confidential Treatment Appeal. The FOIA requester need not respond, however. Any response shall be sent to the Commission's Office of the General Counsel. A copy shall be sent to the submitter.\n\n(6) All FOIA Confidential Treatment Appeals and all responses thereto shall be considered public documents.\n\n(7) The General Counsel will make a determination with respect to any appeal within twenty business days after receipt by the Office of the General Counsel of such appeal or within such extended period as may be permitted in accordance with the standards set forth in \u00a7 145.7(g)(3). Although other procedures may be employed, to the extent possible the General Counsel will decide the appeal on the basis of the affidavits and other documentary evidence submitted by the submitter and the FOIA requests.\n\n(8) The General Counsel or his or her designee shall have the authority to remand any matter to the FOIA compliance staff to correct deficiencies in the initial processing of the confidential treatment request.\n\n(9) If the General Counsel or his or her designee denies a confidential treatment appeal in full or in part, the information for which confidential treatment is denied shall be disclosed to the FOIA requester 10 business days later, subject to any stay entered pursuant to paragraph (g)(10) of this section.\n\n(10) The General Counsel or their designee shall have the authority to enter and vacate stays as set forth below. If, within 10 business days of the date of issuance of a determination by the General Counsel or their designee to disclose information for which a submitter sought confidential treatment, the submitter commences an action in federal court concerning that determination, the General Counsel will stay the public disclosure of the information pending final judicial resolution of the matter. The General Counsel or their designee may vacate a stay entered under this section, either on his or her own motion or at the request of the FOIA requester. If such a stay is vacated, the information will be released to the requester 10 business days after the submitter is notified of this action, unless a court orders otherwise.\n\n(h)  Extensions of time limits.  Any time limit under this section may be extended for good cause shown, in the discretion of the Commission, the Commission's General Counsel, or the FOIA compliance staff.\n\n(i) A submitter whose confidential treatment request has been upheld by the Commission shall, upon request of the General Counsel, aid the Commission in defending a court action to compel the Commission to disclose the information subject to the confidential treatment request. If the submitter is unwilling to aid the Commission in this regard, the General Counsel may, in appropriate cases, make the information available to the public."], ["17:17:2.0.1.1.17.0.1.2", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.1 Information published in the Federal Register.", "CFTC", "", "", "[41 FR 16290, Apr. 16, 1976]", "Except as provided in \u00a7 145.5, pertaining to nonpublic matters, the following materials shall be published in the  Federal Register  for the guidance of the public:\n\n(a) Description of the Commission's central and field organization and the established place at which, the employees from whom, and the methods whereby the public may obtain information, make submittals or requests, or obtain decisions;\n\n(b) Statements of the general course and method by which the Commission's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;\n\n(c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;\n\n(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Commission; and\n\n(e) Each amendment, revision, or repeal of the foregoing."], ["17:17:2.0.1.1.17.0.1.3", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.2 Records available for public inspection and copying; documents published and indexed.", "CFTC", "", "", "[62 FR 17069, Apr. 9, 1997, as amended at 89 FR 71817, Sept. 4, 2024]", "Except as provided in \u00a7 145.5, pertaining to nonpublic matters, and in addition to those documents listed in appendix A to part 145, Compilation of Commission Records Available to the Public, the following materials are available for public inspection and copying during normal business hours at the Commission's Public Reading Room, located at the Commission's Washington, DC headquarters and at the regional offices of the Commission:\n\n(a) A guide for requesting records or publicly available information from the Commission which includes:\n\n(1) An index of all publicly available information of the Commission;\n\n(2) A description of major information and record locator systems;\n\n(3) Guidance for obtaining various types and categories of public information from the Commission;\n\n(b) Final opinions and orders of the Commission in the adjudication of cases, including concurring and dissenting opinions;\n\n(c) Statements of policy and interpretations which have been adopted by the Commission and are not published in the  Federal Register ;\n\n(d) Records released in response to FOIA requests that have been, or the Commission anticipates will be, the subject of additional FOIA requests;\n\n(e) Administrative manuals and instructions that affect the public; and\n\n(f) Indices providing identifying information to the public as to the materials made available pursuant to paragraphs (a) through (e) of this section."], ["17:17:2.0.1.1.17.0.1.4", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.3 [Reserved]", "CFTC", "", "", "", ""], ["17:17:2.0.1.1.17.0.1.5", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.4 Public records available with identifying details deleted; nonpublic records available in abridged or summary form.", "CFTC", "", "", "[51 FR 26869, July 28, 1986, as amended at 82 FR 28003, June 20, 2017]", "(a) To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Commission may delete identifying details when it makes available \u201cpublic records\u201d as defined in \u00a7 145.0(b). In such instances, the Commission shall explain the justification for the deletion fully in writing.\n\n(b) Certain \u201cnonpublic records,\u201d as defined in \u00a7 145.0(c), may, as authorized by the Commission, be made available for public inspection and copying in an abridged or summary form, with identifying details deleted."], ["17:17:2.0.1.1.17.0.1.6", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.5 Disclosure of nonpublic records.", "CFTC", "", "", "[41 FR 16290, Apr. 16, 1976, as amended at 44 FR 13458, Mar. 12, 1979; 45 FR 2023, Jan. 10, 1980; 46 FR 24943, May 4, 1981; 46 FR 54534, Nov. 3, 1981; 48 FR 35303, Aug. 3, 1983; 49 FR 4464, Feb. 7, 1984; 49 FR 5541, Feb. 13, 1984; 51 FR 26870, July 28, 1986; 53 FR 4613, Feb. 17, 1988; 54 FR 41084, Oct. 5, 1989; 62 FR 4642, Jan. 31, 1997; 64 FR 25, Jan. 4, 1999; 71 FR 5595, Feb. 2, 2006; 75 FR 55449, Sept. 10, 2010; 77 FR 11342, Feb. 24, 2012; 82 FR 28003, June 20, 2017]", "The Commission shall withhold information in \u201cnonpublic records,\u201d as defined in \u00a7 145.0(c), only if the Commission reasonably foresees that disclosure would harm an interest protected by an exemption described in paragraphs (a) through (i) of this section, or if disclosure is prohibited by law. The Commission shall consider whether partial disclosure of information is possible whenever the Commission determines that a full disclosure of the requested record is not possible. The Commission shall take reasonable steps necessary to segregate and release nonexempt information in \u201cnonpublic records\u201d subject to a request under \u00a7 145.7 if those portions do not fall within an exemption described in paragraphs (a) through (i) of this section.\n\n(a)(1) Specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy, and (2) are in fact properly classified pursuant to such executive order;\n\n(b) Related solely to the internal personnel rules and practices of the Commission or any other agency of the Government of the United States, including operation rules, guidelines, and manuals of procedure for investigators, auditors, and other employees (other than those rules and practices which establish legal requirements to which members of the public are expected to conform);\n\n(c) Specifically exempted from disclosure by statute, including:\n\n(1) Data and information which would separately disclose the business transactions or market positions of any person and trade secrets or names of customers; and\n\n(2) Any data or information concerning or obtained in connection with any pending investigation of any person;\n\n(d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential, including, but not limited to:\n\n(1)(i) Reports of stocks of grain, such as Forms 38, 38C, 38M and 38T required to be filed pursuant to 17 CFR 1.44;\n\n(ii) Statements of reporting traders on Form 40 required to be filed pursuant to 17 CFR 18.04;\n\n(iii) Statements concerning special calls on positions required to be filed pursuant to 17 CFR part 21;\n\n(iv) Statements concerning identification of special accounts on Form 102 required to be filed pursuant to 17 CFR 17.01;\n\n(v) Reports required to be filed pursuant to parts 15 through 21 of this chapter;\n\n(vi) Reports concerning option positions of large traders required to be filed pursuant to part 16 of this chapter;\n\n(vii) Form 188; and\n\n(viii) The following reports and statements that are also set forth in paragraph (h) of this section, except as specified in 17 CFR 1.10(g)(2) or 17 CFR 31.13(m): Forms 1-FR required to be filed pursuant to 17 CFR 1.10; FOCUS reports that are filed in lieu of Forms 1-FR pursuant to 17 CFR 1.10(h); Forms 2-FR required to be filed pursuant to 17 CFR 31.13; the accountant's report on material inadequacies filed in accordance with 17 CFR 1.16(c)(5); all reports and statements required to be filed pursuant to 17 CFR 1.17(c)(6); and\n\n(A)( 1 ) The following portions of Form CPO-PQR required to be filed pursuant to 17 CFR 4.27: Schedule A: Question 2, subparts (b) and (d); Question 3, subparts (g) and (h); Question 9; Question 10, subparts (b), (c), (d), (e), and (g); Question 11; Question 12; and Schedules B and C;\n\n( 2 ) The following portions of Form CTA-PR required to be filed pursuant to 17 CFR 4.27: Question 2, subparts (c) and (d);\n\n(2) Information contained in reports, summaries, analyses, transcripts, letters or memoranda arising out of, in anticipation of or in connection with an examination or inspection of the books and records of any person or any other formal or informal inquiry or investigation; and\n\n(3) Information for which confidential treatment has been requested and granted in accordance with \u00a7 145.9;\n\n(e) Inter-agency or intra-agency memoranda or letters, except those which by law would routinely be made available to a party other than an agency in litigation with the Commission. Exemption 5 (5 U.S.C. 552(b)(5)) protects inter-agency or intra-agency communications that are protected by legal privileges, such as the attorney-client privilege, the attorney work-product privilege, and the deliberative process privilege. The deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested.\n\n(f) Personnel files, medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, including but not limited to, information of that character contained in:\n\n(1) Files concerning employees of the Commission;\n\n(2) Files concerning persons subject to regulation by the Commission, including files with respect to applications for registration and biographical supplements submitted with such applications. Examples of the information on the applications and biographical supplements which may be protected are an individual's home address and telephone number, social security number, date and place of birth, fingerprints and, in appropriate cases, the information concerning prior arrests, indictments, criminal convictions or other judgments or sanctions imposed by State or Federal courts or regulatory authorities;\n\n(3) Files concerning information for which confidential treatment has been requested and granted in accordance with \u00a7 145.9;\n\n(g) Records or information compiled for law enforcement purposes to the extent that the production of such records or information:\n\n(1) Could reasonably be expected to interfere with enforcement activities undertaken or likely to be undertaken by the Commission or any other authority including, but not limited to, the Department of Justice or any United States Attorney or any Federal, State, local, or foreign governmental authority or any futures or securities industry self-regulatory organization;\n\n(2) Would deprive a person of a right to a fair trail or an impartial adjudication;\n\n(3) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;\n\n(4) Could reasonably be expected to disclose the identity of a confidential source including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source;\n\n(5) Would disclose techniques or procedures or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or\n\n(6) Could reasonably be expected to endanger the life or physical safety of any individual.\n\n(h) Contained in or related to examinations, operating, or condition reports prepared by, on behalf of, or for the use of the Commission or any other agency responsible for the regulation or supervision of financial institutions, including, but not limited to the following reports and statements that are also set forth in paragraph (d)(1)(viii) of this section, except as specified in 17 CFR 1.10(g)(2) and 17 CFR 31.13(m): Forms 1-FR required to be filed pursuant to 17 CFR 1.10; FOCUS reports that are filed in lieu of Forms 1-FR pursuant to 17 CFR 1.10(h); Forms 2-FR required to be filed pursuant to 17 CFR 31.13; the accountant's report on material inadequacies filed in accordance with 17 CFR 1.16(c)(5); all reports and statements required to be filed pursuant to 17 CFR 1.17(c)(6); and\n\n(1) The following portions of Form CPO-PQR required to be filed pursuant to 17 CFR 4.27: Schedule A: Question 2, subparts (b) and (d); Question 3, subparts (g) and (h); Question 9; Question 10, subparts (b), (c), (d), (e), and (g); Question 11; Question 12; and Question 13; and Schedules B and C;\n\n(2) The following portions of Form CTA-PR required to be filed pursuant to 17 CFR 4.27: Question 2, subparts (c) and (d); and\n\n(i) Geological and geophysical information and data, including maps, concerning wells."], ["17:17:2.0.1.1.17.0.1.7", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.6 Commission offices to contact for assistance; registration records available.", "CFTC", "", "", "[49 FR 39534, Oct. 9, 1984, and 51 FR 26870, July 28, 1986, as amended at 53 FR 8435, Mar. 15, 1988; 54 FR 19886, May 9, 1989; 57 FR 29203, July 1, 1992; 58 FR 19597, Apr. 15, 1993; 60 FR 49335, Sept. 25, 1995; 64 FR 26, Jan. 4, 1999; 67 FR 62353, Oct. 7, 2002; 67 FR 63539, Oct. 15, 2002; 69 FR 41426, July 9, 2004; 72 FR 16269, Apr. 4, 2007; 82 FR 28003, June 20, 2017; 89 FR 71817, 71818, Sept. 4, 2024]", "(a) All requests for non-public records shall be made in writing and shall be addressed or otherwise directed to the Office of the General Counsel at the Commission's Washington, DC headquarters, Attn: FOIA Request, or electronically via  foiasubmissions@cftc.gov . Requests for public records directed to a regional office of the Commission pursuant to \u00a7 145.2 should be sent to the Eastern Regional Office, Central Regional Office, or Southwestern Regional Office, as applicable.\n\n(b)(1) The publicly available portions of Form 7-R (application for registration as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator or leverage transaction merchant), Form 8-R (application for registration as an associated person, floor broker, floor trader and biographical supplement to application on Form 7-R), Form 3-R (changes and corrections; multiple associations) Form 8-S (certificate of special registration), Form 8-T (notice of termination), Form 7-W (withdrawal from firm registration) and Form 8-W (withdrawal from floor broker or floor trader registration) will be available for public inspection and copying. Such registration forms will be available in the offices of the National Futures Association, 300 S Riverside Plaza, Suite 1800, Chicago, IL 60606. Telephone: (312) 781-1300.\n\n(2) The fingerprint card and any supplementary attachments filed in response to:\n\n(i) Items 6-9, 14-21, the \u201cPersonal Information,\u201d or the \u201cDisciplinary Information\u201d sections on Form 8-R;\n\n(ii) Item 3 on Form 8-S;\n\n(iii) Items 3-5, 9-11, the \u201cWithdrawal Reasons,\u201d the \u201cDisciplinary Information,\u201d or the \u201cMatter Information\u201d sections on Form 8-T;\n\n(iv) Items 9-10 on Form 7-R;\n\n(v) Item 7 and the \u201cAdditional Customer Information\u201d section on Form 7-W; and\n\n(vi) Item 7 on Form 8-W generally will not be available for public inspection and copying unless such disclosure is required under the Freedom of Information Act. Changes or corrections to those items reported on Form 3-R will be treated similarly. When such fingerprint cards or supplementary attachments are on file, the FOI, Privacy and Sunshine Acts compliance staff will decide any request for access in accordance with the procedures set forth in \u00a7\u00a7 145.7 and 145.9."], ["17:17:2.0.1.1.17.0.1.8", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.7 Requests for Commission records and copies thereof.", "CFTC", "", "", "[51 FR 26870, July 28, 1986, as amended at 52 FR 19307, May 22, 1987; 62 FR 17069, Apr. 9, 1997; 69 FR 67507, Nov. 18, 2004; 82 FR 28003, June 20, 2017; 89 FR 71817, Sept. 4, 2024]", "Requests for Commission records and copies thereof shall specify the preferred form or format (including electronic formats) of the response. The Commission will accommodate requesters as to form or format if the record is readily available in that form or format. When requesters do not specify the form or format of the response, the Commission will respond in the form or format in which the document is most accessible to the Commission.\n\n(a)  Public inquiries and inspection of public records.  Information concerning the nature and extent of available public records may be obtained in person, by telephone, via Internet ( http://www.cftc.gov ), or by writing to the Commission offices designated in \u00a7\u00a7 145.2 and 145.6.\n\n(b)  Requests for nonpublic records.  Except as provided in paragraph (a) of this section with respect to public records, all requests for records maintained by the Commission shall be in writing, shall be addressed to the Office of the General Counsel of the Commission and shall be clearly marked \u201cFreedom of Information Act Request.\u201d\n\n(c)  Misdirected written requests.  The Commission cannot ensure that a timely or satisfactory response will be given to requests for records that are directed to the Commission other than in the manner prescribed in paragraph (b) of this section. Any misdirected written request for nonpublic records should be promptly forwarded to the Office of the General Counsel of the Commission. Misdirected requests for nonpublic records will be considered to have been received for purposes of this section only when they actually have been received by the Office of the General Counsel.\n\n(d)  Description of requested records.  Each written request for Commission records made under paragraph (b) of this section shall reasonably describe the records sought with sufficient specificity to permit the records to be located among the records maintained by or for the Commission. The Commission staff may communicate with the requester (by telephone when practicable) in an effort to reduce the administrative burden of processing a broad request and to minimize fees for copying and search services.\n\n(e)  Description of requester and intended use of requested records.  In each request for records, requesters shall reasonable identify themselves as a commercial user, educational institution, noncommercial scientific institution, or representative of the news media if one of these categories is applicable. The requester shall describe the use to which the records will be put.\n\n(f)  Request for existing records.  The Commission's response to a request for nonpublic records will encompass all nonpublic records identifiable as responsive to the request that are in existence on the date that the written request is received by the Office of the General Counsel. The Commission need not create a new record in response to a FOIA request.\n\n(g)  Fee agreement.  A request for copies of records pursuant to paragraph (b) of this section must indicate the requester's agreement to pay all fees that are associated with the processing of the request, in accordance with the rates set forth in appendix B to this part, or the requester's intention to limit the fees incurred to a stated amount. If the requester states a fee limitation, no work will be done that will result in fees beyond the stated amount. A requester who seeks a waiver or reduction of fees pursuant to paragraph (b) of appendix B of this part must show that such a waiver or reduction would be in the public interest. If the Office of the General Counsel receives a request for records under paragraph (b) of this section from a requester who has not paid fees from a previous request in accordance with appendix B of this part, the staff will decline to process the request until such fees have been paid.\n\n(h)  Initial determination, denials.  (1) With respect to any request for nonpublic records as defined in \u00a7 145.0(c), the FOIA compliance staff of the Commission will forward the request to the Commission divisions or offices likely to maintain records that are responsive to the request. If a responsive record is located, the FOIA compliance staff will, in consultation with the Commission office in which the record was located, determine whether to comply with such request. The FOIA compliance staff may, in their discretion, determine whether to comply with any portion of a request for nonpublic records before considering the remainder of the request. The FOIA compliance staff will inform the requester of the availability of the Commission's FOIA Public Liaison to offer assistance.\n\n(2) Where it is determined to deny, in whole or in part, a request for nonpublic records, the FOIA compliance staff will notify the requester of the denial, citing applicable exemptions of the Freedom of Information Act or other provisions of law that require or allow the records to be withheld. The FOIA compliance staff's response to the FOIA request should describe in general terms what categories of documents are being withheld under which applicable FOIA exemption or exemptions. The FOIA compliance staff's response will include a statement notifying the requester of the right to seek dispute resolution services from the Commission's FOIA Public Liaison and the National Archives and Records Administration's Office of Government Information Services. The FOIA compliance staff, in denying an initial request for records, is not required to provide the requester with an inventory of those documents determined to be exempt from disclosure.\n\n(3) The FOIA compliance staff will issue an initial determination with respect to a FOIA request within twenty business days after receipt by the Office of the General Counsel. In unusual circumstances, as defined in this paragraph, the prescribed time limit may be extended by written notice to the person making a request for a record or a copy. The notice shall set forth the reasons for the extension and the date on which a determination is expected to be dispatched. Where the extension exceeds ten business days, the FOIA compliance staff will provide the requester with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request. The FOIA compliance staff or the FOIA Public Liaison is available to assist the requester in unusual circumstances. The FOIA compliance staff will notify the requester of the right to seek dispute resolution services from the Office of Government Information Services. As used in this paragraph, \u201cunusual circumstances\u201d means, but only to the extent reasonably necessary to the proper processing of a particular request:\n\n(i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;\n\n(ii) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request;\n\n(iii) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components in the Commission having substantial subject matter interest therein;\n\n(iv) The need to coordinate a response with several Commission offices;\n\n(v) The need to obtain records currently being used by members of the Commission, the Commission staff, or the public;\n\n(vi) The need to respond to a large number of previously-filed FOIA requests.\n\n(i)  Administrative review.  (1) Any person who has been notified pursuant to paragraph (g) of this section that his request for records has been denied in whole or in part may file an application for review as set forth below.\n\n(2) An application for review must be received by the Office of General the Counsel within 90 days of the date of the denial by the FOIA compliance staff. This 90-day period shall not begin to run until the FOIA compliance staff has issued an initial determination with respect to all portions of the request for nonpublic records. An application for review shall be in writing and shall be marked \u201cFreedom of Information Act Appeal\u201d and be sent to the Commission's Office of the General Counsel. If the appeal involves information as to which the FOIA requester has received a detailed written justification of a request for confidential treatment pursuant to \u00a7 145.9(e), the requester must also serve a copy of the appeal on the submitter of the information.\n\n(3) The applicant must attach to the application for review a copy of all correspondence relevant to the request,  i.e.,  the initial request, any correspondence amending or modifying the request, and all correspondence from the staff responding to the request.\n\n(4) The application for review shall state such facts and cite such legal or other authorities as the applicant may consider appropriate. The application may, in addition, include a description of the general benefit to the public from disclosure of that information.\n\n(5) If the appeal involves information that is subject to a petition for confidential treatment filed under \u00a7 145.9, the submitter of the information shall have an opportunity to respond in writing to the appeal within 10 business days of the date of filing the appeal. Any response shall be sent to the Commission's Office of the General Counsel. Copies shall be sent to the person requesting the information.\n\n(6) The General Counsel, or his or her designee, shall have the authority to consider all appeals under this section from initial determinations of the FOIA compliance staff of the Commission. The General Counsel, or his or her designee, may:\n\n(i) Determine either to affirm or to reverse the initial determination in whole or in part;\n\n(ii) Determine to disclose a record, even if exempt, if good cause for doing so either is shown by the application or otherwise appears;\n\n(iii) Remand the matter to the FOIA compliance staff\u2014\n\n(A) To correct a deficiency in the initial processing of the request, or\n\n(B) When an investigation as to which the staff originally claimed exemption from mandatory disclosure on the basis of 5 U.S.C. 555(b)(7)(A) or 7 U.S.C. 12(a) is subsequently closed; or\n\n(iv) Refer the matter to the Commission for a decision.\n\n(7) If the initial denial of the request for nonpublic records is reversed, the Office of the General Counsel shall, in writing, advise the requester that the records will be available on or after a specified date. If, on appeal, the denial of access to a record is affirmed in whole or in part, the person who requested the information shall be notified in writing of:\n\n(i) The reasons for the denial,\n\n(ii) The mediation services offered by the Office of Government Information Services as a non-exclusive alternative to litigation, and\n\n(iii) The provisions of 5 U.S.C. 552(a)(4) providing for judicial review of a determination to withhold records.\n\n(j)  Expedited processing.  A request may be given expedited processing if the requester demonstrates a compelling need for the requested records. For purposes of this provision, the term \u201ccompelling need\u201d means: That a failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged federal government activity. A requester who seeks expedited processing must demonstrate a compelling need by submitting a statement that is certified by the requester to be true and correct to the best of that person's knowledge and belief. The FOIA compliance staff\n\nwill determine whether to provide expedited processing, and notice of the determination will be provided to requester, within ten days after the date of the request. If the request for expedited processing is denied, the requester may file an appeal with the Office of the General Counsel within ten days of the date of the denial by the FOIA compliance staff. The Office of the General Counsel will respond to the appeal within ten days after the date of the appeal."], ["17:17:2.0.1.1.17.0.1.9", 17, "Commodity and Securities Exchanges", "I", "", "145", "PART 145\u2014COMMISSION RECORDS AND INFORMATION", "", "", "", "\u00a7 145.8 Fees for records services.", "CFTC", "", "", "[82 FR 28005, June 20, 2017, as amended at 89 FR 71817, Sept. 4, 2024]", "A schedule of fees for record services, including locating, and making records available, and copying, appears in appendix B to this part. Copies of the schedule of fees may also be obtained upon request made in person, by telephone or by mail from the FOIA compliance staff or at any regional office of the Commission."], ["21:21:2.0.1.1.30.1.1.1", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.3 Definitions.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, 1984; 54 FR 24894, June 12, 1989; 63 FR 14035, Mar. 24, 1998]", "For the purposes of this part:\n\n(a) The term  corn sirup  means a clarified, concentrated aqueous solution of the products obtained by the incomplete hydrolysis of cornstarch, and includes dried corn sirup. The solids of corn sirup and of dried corn sirup contain not less than 40 percent by weight of reducing sugars calculated as anhydrous dextrose.\n\n(b) The term  dextrose  means the hydrated or anhydrous, refined monosaccharide obtained from hydrolyzed starch.\n\n(c) The term  dried glucose sirup  means the product obtained by drying \u201cglucose sirup.\u201d\n\n(d) The term  glucose sirup  means a clarified, concentrated, aqueous solution of the products obtained by the incomplete hydrolysis of any edible starch. The solids of glucose sirup contain not less than 40 percent by weight of reducing sugars calculated as anhydrous dextrose.\n\n(e) The term  invert sugar sirup  means an aqueous solution of inverted or partly inverted, refined or partly refined sucrose, the solids of which contain not more than 0.3 percent by weight of ash, and which is colorless, odorless, and flavorless, except for sweetness.\n\n(f) The term  sugar  means refined sucrose.\n\n(g) The terms  edible organic acid  and  edible organic salt  refer to any edible organic acid and any edible organic salt added for the purpose of flavor enhancement that either is not a food additive as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act or, if it is a food additive as so defined, is used in conformity with regulations established pursuant to section 409 of the act.\n\n(h) The term  water  means, in addition to water, any mixture of water and fruit juice in which the fruit juice(s) is less than 50 percent of such mixture, including any water contributed by the use of liquid nutritive carbohydrate sweeteners.\n\n(i) The term  fruit juice(s) and water  means any mixture of fruit juice as herein defined and water, including any water contributed by the use of liquid nutritive carbohydrate sweeteners, in which the fruit juice(s) is 50 percent, or more, of such mixture except that water used in preparing equivalent single strength juice(s) from concentrate(s) shall not be considered to be a mixture of fruit juice and water.\n\n(j) The term  fruit juice(s)  means single strength expressed juice(s) of sound, mature fruit(s). It may be fresh, frozen, canned, or made from concentrate(s). However, if it is made from concentrate(s), the juice(s) shall be reconstituted with water to not less than the soluble solids that such fruit juice had before concentration. Fruit juice(s) may be used singly or in combination. If a fruit juice(s) is used which is regulated by a standard of identity of this chapter, it shall conform to the compositional requirements prescribed by such standard prior to the addition of any sweetener which may be used.\n\n(k) The term  clarified juice  means the liquid expressed wholly or in part from fruit peelings, fruit shells, fruit cores, or from the fruit flesh or parts thereof, which is clarified and may be further refined or concentrated.\n\n(l) The term  solid pack  means the product contains practically all fruit with only the very little free flowing liquid that is expressed from the fruit and to which no packing media have been added.\n\n(m) The procedure for determining the densities of the packing media means the following: The density of the packing medium, when measured 15 days or more after packing, or the density of the blended homogenized slurry of the comminuted entire contents of the container, when measured less than 15 days after canning, is determined according to \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), which is incorporated by reference, section 31.\n 6 F011 (Solids) \u201cBy Means of the Refractometer\u2014Official Final Action\u201d (and sections 52.012 and 52.015) with result expressed as percent by weight of sucrose (degrees Brix) with correction for temperature to the equivalent at 20 \u00b0C, but without correction for invert sugar or other substances. Copies of the material incorporated by reference may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(n) The procedure for determining drained weight is as follows: Tilt the opened container so as to distribute the contents evenly over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve is 20.3 centimeters (8 inches) if the quantity of contents of the container is less than 1.4 kilograms (3 pounds) and 30.5 centimeters (12 inches) if such quantity is 1.4 kilograms (3 pounds) or more. The bottom of the sieve is woven-wire cloth which complies with the specifications for the No. 8 sieve set forth in the \u201cDefinitions of Terms and Explanatory Notes\u201d of the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), which is incorporated by reference. The availability of this incorporation by reference is given in paragraph (m) of this section. Carefully invert by hand all fruits having cups or cavities if they fall on the sieve with cups or cavities up. Cups or cavities in soft products may be drained by tilting sieve. Without further shifting the material on the sieve, incline the sieve at an angle of 17\u00b0 to 20\u00b0 to facilitate drainage. Two minutes after the drainage begins, weigh the sieve and drained fruit. The weight so found, less the weight of the sieve, shall be considered to be the weight of the drained fruit.\n\n(o) Compliance means the following: Unless otherwise provided in a standard, a lot of canned fruits shall be deemed in compliance for the following factors, to be determined by the sampling and acceptance procedure as provided in paragraph (p) of this section, namely:\n\n(1)  Packing medium density.  A lot shall be deemed to be in compliance for packing medium density based on the average sucrose value for all samples analyzed according to the sampling plans, but no container may have a sucrose value lower than that of the next lower category or 2 percent by weight sucrose (degrees Brix) lower if no lower category exists.\n\n(2)  Quality.  The quality of a lot shall be considered acceptable when the number of defectives does not exceed the acceptance number in the sampling plans.\n\n(3)  Fill of container.  A lot shall be deemed to be in compliance for fill of container (packing medium and fruit ingredient) when the number of defectives does not exceed the acceptance number (c) in the sampling plans.\n\n(4)  Drained weight.  A lot shall be deemed to be in compliance for drained weight based on the average value of all samples analyzed according to the sampling plans. The sample unit shall be the entire contents of the container.\n\n(p) The sampling and acceptance procedure means the following:\n\n(1)  Definitions \u2014(i)  Lot.  A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade.\n\n(ii)  Lot size.  The number of primary containers or units in the lot.\n\n(iii)  Sample size.  The total number of sample units drawn for examination from a lot.\n\n(iv)  Sample unit.  A container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit.\n\n(v)  Defective.  Any sample unit shall be regarded as defective when the sample unit does not meet the criteria set forth in the standards.\n\n(vi)  Acceptance number  ( c ). The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements.\n\n(vii)  Acceptable quality level  ( AQL ). The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time.\n\n(2)  Sampling plans:\n\n1   n  = number of primary containers in sample.\n\n2   c  = acceptance number."], ["21:21:2.0.1.1.30.2.1.1", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.110 Canned applesauce.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, 1984; 54 FR 24894, June 12, 1989; 58 FR 2879, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Definition.  Canned applesauce is the food prepared from comminuted or chopped apples ( Malus domestica  Borkhausen), which may or may not be peeled and cored, and which may have added thereto one or more of the optional ingredients specified in paragraph (a)(2) of this section. The apple ingredient is heated and, in accordance with good manufacturing practices, bruised apple particles, peel, seed, core material, carpel tissue, and other coarse, hard, or extraneous materials are removed. The food is sealed in containers. It is so processed by heat, either before or after sealing, as to prevent spoilage. The soluble solids content, measured by refractometer and expressed as percent sucrose (degrees Brix) with correction for temperature to the equivalent at 20 \u00b0C (68 \u00b0F), is not less than 9 percent (exclusive of the solids of any added optional nutritive carbohydrate sweeteners) as determined by the method prescribed in \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), section 22.024, \u201cSoluble Solids by Refractometer in Fresh and Canned Fruits, Jams, Marmalades, and Preserves\u2014Official First Action,\u201d which is incorporated by reference, but without correction for invert sugar or other substances. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(2)  Optional ingredients.  The following safe and suitable optional ingredients may be used:\n\n(i) Water.\n\n(ii) Apple juice.\n\n(iii) Salt.\n\n(iv) Any organic acid added for the purpose of acidification. (Organic acids generally recognized as having a preservative effect are not permitted in applesauce except as provided for in paragraph (a)(2)(viii) of this section.)\n\n(v) Nutritive carbohydrate sweeteners.\n\n(vi) Spices.\n\n(vii) Natural and artificial flavoring.\n\n(viii) Either of the following:\n\n( a ) Erythorbic acid or ascorbic acid as an antioxidant preservative in an amount not to exceed 150 parts per million; or\n\n( b ) Ascorbic acid (vitamin C) in a quantity such that the total vitamin C in each 113 g (4 ounces) by weight of the finished food amounts to 60 mg. This requirement will be deemed to have been met if a reasonable overage of the vitamin, within limits of good manufacturing practice, is present to insure that the required level is maintained throughout the expected shelf life of the food under customary conditions of distribution.\n\n(ix) Color additives in such quantity as to distinctly characterize the food unless such addition conceals damage or inferiority or makes the finished food appear better or of greater value than it is.\n\n(3)  Nomenclature.  The name of the food is \u201capplesauce\u201d. The name of the food shall include a declaration indicating the presence of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice that characterizes the product. If a nutritive sweetener as provided for in paragraph (a)(2)(v) of this section is added and the soluble solids content of the finished food is not less than 16.5 percent as determined by the method referred to in paragraph (a)(1) of this section, the name may include the word \u201csweetened\u201d. If no such sweetener is added, the name may include the word \u201cunsweetened\u201d.\n\n(4)  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. However, when ascorbic acid (vitamin C) is added as provided for in paragraph (a)(2)(viii)( b ) of this section, after the application of heat to the apples, preservative labeling requirements do not apply.\n\n(b) [Reserved]\n\n(c)  Fill of container.  (1) The standard of fill of container for canned applesauce is a fill of not less than 90 percent of the total capacity of the container, as determined by the general method for fill of containers prescribed in \u00a7 130.12(b) of this chapter; except that in the case of glass containers having a total capacity of 192 ml (6\n 1/2  fluid ounces) or less, the fill is not less than 85 percent.\n\n(2) Sampling and acceptance procedure: A lot will be deemed to fall below the standard of fill when the number of \u201cdefectives\u201d exceeds the acceptance number \u201cc\u201d in the sampling plans prescribed in paragraph (c)(2)(ii) of this section.\n\n(i) Definitions of terms to be used in the sampling plans in paragraph (c)(2)(ii) of this section are as follows:\n\n( a )  Lot.  A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade.\n\n( b )  Lot size.  The number of primary containers or units in the lot.\n\n( c )  Sample size \u201cn.\u201d  The total number of sample units drawn for examination from a lot as indicated in paragraph (c)(2)(ii) of this section.\n\n( d )  Sample unit.  A container, the entire contents of a container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for examination or testing as a single unit.\n\n( e )  Defective.  A container that falls below the requirement for minimum fill prescribed in paragraph (c)(1) of this section is considered a \u201cdefective.\u201d\n\n( f )  Acceptable number \u201cc.\u201d  The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements.\n\n( g )  Acceptable quality level  ( AQL ). The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time.\n\n(ii) Sampling and acceptance:\n\nAcceptable quality level (AQL) 6.5\n\n1   n  = number of primary containers in sample.\n\n2   c  = acceptance number.\n\n(3) If canned applesauce falls below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.30.2.1.10", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.180 Canned pineapple.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 44 FR 40279, July 10, 1979; 45 FR 43391 and 43392, June 27, 1980; 46 FR 57475, Nov. 24, 1981; 48 FR 39916, Sept. 2, 1983; 58 FR 2880, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Ingredients.  Canned pineapple is the food prepared from mature, fresh or previously canned, pineapple conforming to the characteristics of  Ananas comosus  (L.) Merrill and from which peel and core have been removed. The food consists of one of the optional styles of the pineapple ingredient specified in paragraph (a)(2) of this section and may be packed in one of the optional packing media specified in paragraph (a)(3) of this section, except water is not a suitable packing medium for crushed style. Crushed style additionally may be packed as heavy or solid pack as specified in paragraph (a)(4) of this section. The food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients:\n\n(i) Natural fruit flavors.\n\n(ii) Mint flavor.\n\n(iii) Spices, spice oils.\n\n(iv) Vinegar or organic acids.\n\n(v) Dimethylpolysiloxane in an amount not greater than 10 milligrams/kilogram (10 parts per million) by weight of the finished food as a defoaming agent.\n\nThe food is sealed in a container and, before or after sealing, is so processed by heat as to prevent spoilage.\n\n(2)  Styles of pack.  The optional styles of the pineapple ingredients referred to in paragraph (a)(1) of this section are:\n\n(i)  Slices or whole slices or rings \u2014consisting of uniformly cut circular slices or rings cut across the axis of the peeled, cored pineapple cylinders.\n\n(ii)  Half slices \u2014consisting of uniformly cut, approximately semicircular halves of slices.\n\n(iii)  Quarter slices \u2014consisting of uniformly cut, one-fourth portions of slices.\n\n(iv)  Broken slices \u2014consisting of arc-shaped portions which may not be uniform in size and/or shape.\n\n(v)  Spears or fingers \u2014consisting of long, slender pieces cut radially and lengthwise of the cored pineapple cylinder, predominantly 65 millimeters (2.5 inches) or longer.\n\n(vi)  Tidbits \u2014consisting of reasonably uniform, wedge-shaped sectors cut from slices or portions thereof, predominantly from 8 millimeters (0.31 inch) to 13 millimeters (0.51 inch) thick.\n\n(vii)  Chunks \u2014consisting of short, thick pieces cut from thick slices and/or from peeled cored pineapple and predominantly more than 13 millimeters (0.51 inch) in both thickness and width, and less than 38 millimeters (1.5 inches) in length and does not include large cubes.\n\n(viii)  Small cubes or dice \u2014consisting of reasonably uniform, cube-shaped pieces, predominately 14 millimeters (0.55 inch) or less in the longest edge dimensions.\n\n(ix)  Pieces or irregular pieces \u2014consisting of irregular shapes and sizes not identifiable as a specific style and does not include chunks.\n\n(x)  Crushed \u2014consisting of finely cut or finely shredded or grated or diced pieces of pineapple.\n\n(xi)  Large cubes \u2014consisting of reasonably uniform, cube-shaped pieces, longer than 14 millimeters (0.55 inch) along any edge, but predominately 25 millimeters (1 inch) or less in the longest edge dimensions.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section and defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Pineapple juice and water.\n\n( c ) Pineapple juice.\n\n( d ) Clarified pineapple juice.\n\nSuch packing media may be used as such, or any one of the optional sweetening ingredients specified in paragraph (a)(3)(ii) of this section may be added.\n\n(ii) The optional sweetening ingredients referred to in paragraph (a)(3)(i) of this section are:\n\n( a ) Sugar.\n\n( b ) Invert sugar sirup.\n\n( c ) Any mixture of optional sweetening ingredients designated in paragraph (a)(3)(ii)( a ) and ( b ) of this section.\n\n( d ) Any of the optional sweetening ingredients designated in paragraph (a)(3)(ii)( a ), ( b ), and ( c ) of this section with dextrose, as long as the weight of the solids of dextrose does not exceed one-third of the total weight of the solids of the combined sweetening ingredients.\n\n( e ) Any of the optional sweetening ingredients designated in paragraph (a)(3)(ii)( a ), ( b ), and ( c ) of this section with corn sirup or with dried corn sirup or with glucose sirup or with dried glucose sirup, or with any two or more of these, as long as the weight of the solids of corn sirup, dried corn sirup, glucose sirup, dried glucose sirup, or the sum of the weights of the solids of corn sirup, dried corn sirup, glucose sirup, and dried glucose sirup, in case two or more of these are used, does not exceed one-fourth of the total weight of the solids of the combined sweetening ingredients.\n\n( f ) Any mixture of the optional ingredients designated in paragraph (a)(3)(ii)( d ) and ( e ) of this section.\n\n(iii) If the concentration of clarified pineapple juice is such that the packing medium conforms to the density range for one of the sirups provided for in paragraph (a)(3)(iv)( b ), ( c ), or ( d ) of this section, the concentrated clarified juice is considered to be light sirup, heavy sirup, or extra heavy sirup, as the case may be.\n\n(iv) When a sweetener is added as a part of any liquid packing medium as provided for in paragraph (a)(3)(i)( a ), ( b ), and ( c ) of this section, the density range of the resulting packing medium, expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure in \u00a7 145.3(m), shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) When the density of the solution is 10 percent or more but less than 14 percent, the medium shall be designated as \u201cslightly sweetened water\u201d or \u201cextra light sirup\u201d; \u201cslightly sweetened pineapple juice and water\u201d; or \u201cslightly sweetened pineapple juice\u201d, as the case may be.\n\n( b ) When the density of the solution is 14 percent or more but less than 18 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened pineapple juice and water\u201d; or \u201clightly sweetened pineapple juice,\u201d as the case may be.\n\n( c ) When the density of the solution is 18 percent or more but less than 22 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened pineapple juice and water\u201d; or \u201cheavily sweetened pineapple juice\u201d, as the case may be.\n\n( d ) When the density of the solution is 22 percent or more but not more than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened pineapple juice and water\u201d; or \u201cextra heavily sweetened pineapple juice\u201d, as the case may be.\n\n(v) Determine compliance as specified in \u00a7 145.3(o).\n\n(4)  Types of pack.  The optional types of pack for crushed style referred to in paragraph (a)(1) of this section are as follows:\n\n(i)  Heavy pack.  Crushed style with or without sweetening ingredients and containing at least 73 percent drained fruit weight, as determined by the procedure set forth in \u00a7 145.3(n).\n\n(ii)  Solid pack.  Crushed style with or without sweetening ingredients and containing at least 78 percent drained fruit weight, as determined by the procedure set forth in \u00a7 145.3(n).\n\n(5)  Labeling requirements.  (i) The name of the food is \u201cpineapple\u201d. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or, in lieu of the word \u201cSpice\u201d, the common name of the spice; or \u201cSeasoned with vinegar\u201d or, in lieu of the word \u201cvinegar\u201d, the name of the vinegar used. When two or more of the optional ingredients specified in paragraph (a)(1)(i) through (iv) of this section are used, such words may be combined, as, for example, \u201cSeasoned with cider vinegar, cloves, and cinnamon oil\u201d.\n\n(ii) The style of the pineapple ingredient as provided for in paragraph (a)(2) of this section and the name of the packing medium as specified in paragraph (a)(3)(i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d or the words \u201cHeavy pack\u201d or \u201cSolid pack\u201d as specified in paragraph (a)(4) of this section, where applicable, shall be included as part of the name or in close proximity to the name of the food. The word \u201cslices\u201d may be alternatively designated \u201csliced,\u201d \u201cdice\u201d as \u201cdiced,\u201d and \u201cpieces\u201d or \u201cirregular pieces\u201d as \u201cmixed pieces of irregular sizes and shapes.\u201d Whenever pineapple juice, as provided for in paragraph (a)(3)(i)( c ) of this section, is used, the declaration may be preceded by an appropriate statement such as \u201cunsweetened\u201d.\n\n(iii) 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.\n\n(b)  Quality.  (1) The standard of quality for canned pineapple is as follows:\n\n(i)  Core material.  In the case of all styles, not more than 7 percent of the drained weight of the contents of the container consists of core material as determined by the method prescribed in paragraph (b)(3)(ii) of this section.\n\n(ii)  Uniformity of weight and shape \u2014( a )  Slices.  The drained weight of the largest unit in the container is not more than 1.4 times the drained weight of the smallest unit.\n\n( b )  Half slices and quarter slices.  The drained weight of the largest unit in a container is not more than 1.75 times the drained weight of the smallest unit, except for an occasional broken piece due to splitting or an occasional whole slice not completely cut through.\n\n( c )  Broken slices.  ( 1 ) Not more than 10 percent of the drained weight of the contents of the container consists of pieces having an arc of less than 90\u00b0.\n\n( 2 ) Not more than 5 percent of the drained weight of the contents of the container:\n\n( i ) Consists of pieces that measure in thickness less than 8 millimeters (0.31 inch) or more than 25 millimeters (1 inch); or\n\n( ii ) Consists of pieces that measure less than 19 millimeters (0.75 inch) in width as measured from the outer edge to the inner edge.\n\n( 3 ) Not more than 5 percent of the drained weight of the contents of the container consists of broken slices having an outside diameter differing by as much as 9.5 millimeters (0.37 inch) from that of those present in greatest proportion by weight.\n\n( d )  Spears.  The drained weight of the largest unit in the container is not more than 1.4 times the drained weight of the smallest unit.\n\n( e )  Tidbits.  Not more than 15 percent of the drained weight of the contents of the container consists of units each of which weighs less than three-fourths as much as the average drained weight of all the untrimmed units in the container.\n\n( f )  Chunks.  Not more than 15 percent of the drained weight of the contents of the container consists of pieces weighing less than 5 grams (0.18 ounce) each.\n\n( g )  Cubes.  ( 1 ) Not more than 10 percent of the drained weight of the contents of the container consists of pieces that will pass through a screen with square openings of 8 millimeters (0.31 inch) in the case of the small cubes or large cubes.\n\n( 2 ) Not more than 15 percent of the drained weight consists of pieces weighing more than 3 grams (0.11 ounce) each for small cubes and 18 grams (0.63 ounce) each for large cubes.\n\n( h )  Pieces.  Not more than 20 percent of the drained weight of the contents of the container consists of units that will pass through a screen with square openings of 8 millimeters (0.31 inch).\n\n(iii)  Blemishes.  Blemishes consist of surface areas and spots that contrast strongly in color or texture with the normal pineapple tissue or that may penetrate the flesh. Blemishes are normally removed in preparation of pineapple for culinary use and include any of the following, if in excess of 1.6 millimeters (0.06 inch) in the longest dimension on the exposed surface of the unit: deep fruit eyes, pieces of shell, brown spots, bruised portions, and other abnormalities.\n\n( a )  Slices, half slices, quarter slices, broken slices, spears, tidbits, chunks, cubes, and pieces.  Not more than 12.5 percent by count of the units in the container may be blemished; but in containers having not more than 5 units, 1 unit may be blemished; in containers having more than 5 units, but not more than 10 units, 2 units may be blemished and in containers having more than 10 units, but not more than 32 units, 4 units may be blemished.\n\n( b )  Crushed.  Not more than 1.5 percent of the drained weight of the contents of the container consists of fragments bearing blemishes.\n\n(iv)  Excessively trimmed.  Slices, half slices, and quarter slices are considered excessively trimmed if the portion trimmed away exceeds 5 percent of the apparent physical bulk of the perfectly formed unit and if the trimming destroys the normal circular shape of the outer or inner edge of the unit. Broken slices, spears, and tidbits are excessively trimmed if the trimming destroys the normal shape of the unit.\n\n( a )  Slices, half slices, and quarter slices.  Not more than 7.5 percent by count of the units in the container may be excessively trimmed, but in containers having not more than 10 units, 1 unit may be excessively trimmed; and in containers having more than 10 units, but not more than 27 units, 2 units may be excessively trimmed.\n\n( b )  Broken slices and spears.  Not more than 15 percent by count of the total units in the container may be excessively trimmed.\n\n( c )  Tidbits.  Not more than 15 percent of the drained weight of the contents of the container consists of excessively trimmed units.\n\n(v)  Mashed.  A unit that has lost its normal shape because of ripeness that bears no mark of mechanical injury is not to be considered mashed.\n\n( a )  Slices, half slices, and quarter slices.  Not more than one unit in containers of 25 units or less, and not more than 3 units in containers of more than 25 units, are mashed.\n\n( b )  Broken slices.  Not more than 5 percent by count of the units in the container are mashed.\n\n( c )  Spears.  Not more than 1 unit in the container is mashed.\n\n( d )  Tidbits.  Not more than 3 units in containers of less than 150 units, and not more than 2 percent of the units in containers of 150 units or more, are mashed.\n\n( e )  Chunks.  Not more than 3 units in containers of less than 70 units, and not more than 5 percent of the units in containers of 70 units or more, are mashed.\n\n(vi)  Acidity.  In the case of all styles, not more than 1.35 grams of acid, calculated as anhydrous citric acid, is contained in 100 milliliters of the liquid drained from the product 15 days or more after the pineapple is canned.\n\n(vii)  Excessive liquid.  The drained weight of crushed pineapple is not less than 63 percent of the net weight of the contents of the container.\n\n(2)  Sampling and acceptance.  Determine compliance as specified in \u00a7 145.3(o).\n\n(3)  Methodology.  The method to be employed to determine whether canned pineapple meets the requirements of paragraph (b)(1) (i) through (vi) of this section are as follows:\n\n(i) Determine the drained weight of the canned pineapple by the procedure prescribed in \u00a7 145.3(n).\n\n(ii) Identify and separate any core material cleanly from each of the units in the container, and weigh the aggregate of the core material. Calculate the percent core material to determine compliance with paragraph (b)(1)(i) of this section.\n\n(iii) In the case of slices, half slices, quarter slices, spears, tidbits, chunks, and pieces, check the weight of the units against the requirements of paragraph (b)(1)(ii) ( a ), ( b ), ( d ), ( e ), ( f ), and ( h ) of this section.\n\n(iv) In the case of broken slices, check the dimensions of each unit against the requirements of paragraph (b)(1)(ii)( c ) of this section.\n\n(v) In the case of cubes, and pieces, determine compliance with paragraph (b)(1)(ii) ( g ) and ( h ) of this section by placing the units, a few at a time, on the mesh of a U.S. Standard No. 8 sieve (8-millimeter (0.31 inch)) mesh. After shaking gently, remove those units that remain on the sieve before testing the next portion. Continue portion-wise until all units are tested, then determine the aggregate weight of those units that have passed through the sieve.\n\n(vi) Except in the case of crushed pineapple, segregate and count each unit that is blemished as defined in paragraph (b)(1)(iii) of this section. In the case of crushed pineapple, segregate each fragment of crushed pineapple bearing a blemish and determine the aggregate weight of such fragments to determine compliance with paragraph (b)(1)(iii)( b ) of this section.\n\n(vii) Except in the case of chunks, cubes, pieces, and crushed pineapple, inspect all the units in the container to determine those that have been excessively trimmed, as defined in paragraph (b)(1)(iv) of this section.\n\n(viii) Except in the case of cubes, pieces, and crushed pineapple, count the total units in the container and the number of mashed units to determine compliance with paragraph (b)(1)(v) of this section.\n\n(ix) Determine the total acidity of the drained liquid by titration, using the following method: Measure with a pipette 10 milliliters of the unfiltered drained liquid into a 250-milliliter Erlenmeyer flask. Add 25 milliliters of distilled or deionized water and 0.3 milliliter of 1-percent phenolphthalein solution. Titrate with one-tenth normal sodium hydroxide solution to a faint, permanently pink coloration. Multiply the number of milliliters of one-tenth normal sodium hydroxide required by 0.064 to calculate the number of grams of anhydrous citric acid per 100 milliliters of drained liquid to determine compliance with paragraph (b)(3)(vi) of this section.\n\n(4) If the quality of canned pineapple falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form specified in that section; however, if the quality of the canned pineapple falls below standard with respect to only one of the factors of quality specified in paragraph (b)(1)(i) through (vii) of this section, there may be substituted for the second line of the general statement of substandard quality (\u201cGood Food\u2014Not High Grade\u201d) one of the following new lines, placed after the corresponding designation of paragraph (b)(1) of this section that the canned pineapple fails to meet:\n\n(i) \u201cPoorly cored\u201d or \u201cExcessive core\u201d.\n\n(ii) \u201cMixed sizes\u201d or \u201cIrregular small pieces\u201d, as appropriate.\n\n(iii) \u201cBlemished\u201d or \u201cContains blemished pieces\u201d.\n\n(iv) \u201cExcessively trimmed\u201d.\n\n(v) \u201cMashed units\u201d or \u201cContains mashed units\u201d.\n\n(vi) \u201cExcessively tart\u201d.\n\n(vii) \u201cContains excess liquid\u201d.\n\n(c)  Fill of Container.  (1) The standard of fill of container for canned crushed pineapple is a fill of not less than 90 percent of the total capacity of the container, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter.\n\n(2) If canned crushed pineapple falls below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.30.2.1.11", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.185 Canned plums.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2880, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Ingredients.  Canned plums is the food prepared from clean, sound, and mature fruit of plum varieties conforming to the characteristics of  Prunus domestica  L., greengage varieties conforming to the characteristics of  Prunus italica  L., mirabelle or damson varieties conforming to the characteristics of  Prunus insititia  L., or cherry varieties conforming to the characteristics of  Prunus cerasifera  Ehrh. The food consists of one of the optional styles of the plum ingredient, specified in paragraph (a)(2) of this section, and one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more of the following safe and suitable optional ingredients:\n\n(i) Natural and artificial flavors.\n\n(ii) Spice.\n\n(iii) Vinegar, lemon juice, or organic acids.\n\n(iv) Artificial coloring.\n\nSuch food is sealed in a container and before or after sealing is so processed by heat so as to prevent spoilage.\n\n(2)  Optional styles of the plum ingredient.  The optional plum ingredients specified in paragraph (a)(1) of this section are peeled or unpeeled:\n\n(i) Whole.\n\n(ii) Halves.\n\nPeeled or unpeeled whole plums are pitted or, alternatively, unpitted. Peeled or unpeeled plum halves are pitted.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) When the density of the solution is 11 percent or more but less than 15 percent, the medium shall be designated as \u201cslightly sweetened water\u201d, or \u201cextra light sirup\u201d, \u201cslightly sweetened fruit juice(s) and water\u201d or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) When the density of the solution is 15 percent or more, but less than 19 percent, the medium shall be designated as \u201clight sirup\u201d, \u201clightly sweetened fruit juice(s) and water\u201d, or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( c ) When the density of the solution is 19 percent or more, but less than 25 percent, the medium shall be designated as \u201cheavy sirup\u201d, \u201cheavily sweetened fruit juice(s) and water\u201d, or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( d ) When the density of the solution is 25 percent or more, but less than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d, \u201cextra heavily sweetened fruit juice(s) and water\u201d, or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201cplums\u201d accompanied by the color designation \u201cyellow\u201d or \u201cgolden\u201d or \u201cred\u201d or \u201cpurple\u201d, as appropriate, or the specific name of the variety or \u201cGreengage plums\u201d, \u201cDamson plums\u201d, \u201cCherry plums\u201d, \u201cMirabelle plums\u201d. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice; \u201cSeasoned with vinegar\u201d. When two or more of the optional ingredients specified in paragraphs (a)(1) (ii) and (iii) of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, and cinnamon oil\u201d.\n\n(ii) The style of the plum ingredient as provided in paragraph (a)(2) of this section and the name of the packing medium specified in paragraphs (a)(3) (i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d shall be included as part of the name or in close proximity to the name of the food. The style of the plum ingredient shall be preceded or followed by \u201cPeeled\u201d when the plums are peeled and by \u201cPitted\u201d in the case of whole pitted plums. \u201cHalves\u201d may be alternatively designated \u201cHalved\u201d. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristics to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example, in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d, the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d, as the case may be. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n( a ) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d,\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(4)(iii) of this section, and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(4)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(4)(ii)( b ) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (a)(4)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b)  Quality.  (1) The standard of quality for canned plums is as follows:\n\n(i)  Blemishes  ( damaged ). After draining in accordance with the procedure set out in \u00a7 145.3(n) not more than 30 percent by weight of the drained plums consists of plums which have been blemished or damaged by any of the following factors either singly or in combination: Damaged by insects; appearance or eating quality materially affected by friction, disease, external stone gum or discoloration.\n\n(ii)  Crushed or broken units in whole and halves styles.  In the case of the whole styles, not more than 25 percent by weight of the drained plums are deformed or broken to an extent that the normal shape of the fruit is seriously affected. In the case of the halves style, not more than 25 percent by weight of the drained plums are damaged or torn to such an extent that they are smaller than 50 percent of a plum half.\n\n(iii)  Blemishes and crushed or broken units.  Not more than 35 percent by weight of the drained plums consist of both blemishes as specified in paragraph (b)(1)(i) of this section and crushed or broken units in the case of the whole and halves styles as specified in paragraph (b)(2)(ii) of this section.\n\n(iv)  Extraneous plant material.  Not more than one piece of stalk or stem from the plum tree or other harmless extraneous plant material per 200 grams (7 ounces) of drained plums.\n\n(v)  Loose pits in whole style.  Not more than three loose pits per 500 grams (17.6 ounces) of drained plums.\n\n(vi)  Pits or pieces of pits in whole pitted and halves styles.  Not more than two pits or pieces of pits per 500 grams (17.8 ounces) of drained plums.\n\n(2) Determine compliance as specified in \u00a7 145.3(o) except that a lot shall be deemed to be in compliance for extraneous plant material, loose pits in whole style, and pits or pieces of pits in whole pitted and halves styles based on the average of all samples analyzed according to the sampling plans set out in \u00a7 145.3(p).\n\n(3) If the quality of canned plums falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned plums falls below standard with respect to only one of the factors of quality specified in paragraphs (b)(1) (i) through (vi) of this section, there may be substituted for the second line of such general statement of substandard quality (\u201cGood Food\u2014Not High Grade\u201d) a new line, as specified after the corresponding designation of paragraph (b)(1) of this section which the canned plums fail to meet, as follows:\n\n(i) \u201cBlemished\u201d;\n\n(ii) \u201cPartly crushed or broken\u201d;\n\n(iii) \u201cBlemished and partly crushed or broken\u201d;\n\n(iv) \u201cContains extraneous plant material\u201d;\n\n(v) \u201cContains loose pits\u201d; or\n\n(vi) \u201cContains pits\u201d or \u201cContains pieces of pits\u201d.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned plums is:\n\n(i) The fill of the plums and packing medium, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.\n\n(ii) The drained weight of the plum ingredient as determined by the method prescribed in \u00a7 145.3(n) is not less than 50 percent for whole styles and 55 percent for halves styles based on the water capacity of containers as determined in \u00a7 130.12(a) of this chapter.\n\n(2) Determine compliance for fill of container as specified in \u00a7 145.3(o).\n\n(3) If canned plums fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified. If canned plums fall below the standard of fill of container in respect to drained weight, the words \u201cLow drained weight\u201d shall follow the general statement of substandard fill on the label."], ["21:21:2.0.1.1.30.2.1.12", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.190 Canned prunes.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2880, Jan. 6, 1993]", "(a)  Ingredients.  Canned prunes is the food prepared from dried prunes, which may be packed as a solid pack or in one of the optional packing media specified in paragraph (b) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients:\n\n(1) Natural and artificial flavors.\n\n(2) Spice.\n\n(3) Vinegar, lemon juice, or organic acids.\n\n(4) Unpeeled pieces of citrus fruits.\n\nSuch food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(b)  Packing media.  (1) The optional packing media referred to in paragraph (a) of this section, as defined in \u00a7 145.3 are:\n\n(i) Water.\n\n(ii) Fruit juice(s) and water.\n\n(iii) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(2) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n(i) When the density of the solution is less than 20 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n(ii) When the density of the solution is 20 percent or more but less than 24 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n(iii) When the density of the solution is 24 percent or more but less than 30 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(iv) When the density of the solution is 30 percent or more but not more than 45 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(c)  Labeling requirements.  (1) The name of the food is \u201cprunes\u2014prepared from dried prunes\u201d. The words \u201cprepared from dried prunes\u201d shall be in close proximity to the word \u201cprunes\u201d and shall be of the same style and not less than \n 1/2  of the point size of the type used for the word \u201cprunes\u201d. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, \u201cSeasoned with vinegar\u201d or \u201cSeasoned with unpeeled pieces of citrus fruit\u201d. When two or more of the optional ingredients specified in paragraphs (a) (2) through (4) of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, cinnamon oil and unpeeled pieces of citrus fruit.\u201d\n\n(2) When the food is prepared with a packing medium, the name of the packing medium specified in paragraphs (b) (1) and (2) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d and the words \u201ccooked\u201d, \u201cstewed\u201d, or \u201cprepared\u201d, shall be included as part of the name or in close proximity to the name of the food. When no packing medium is used, the words \u201csolid pack\u201d or \u201cmoist pack\u201d or the word \u201cmoistened\u201d followed by the words \u201cwithout sirup\u201d shall be included as part of the name or in close proximity to the name of the food. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d, the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d as the case may be. When the liquid portion of the packing media provided for in paragraphs (b) (1) and (2) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n(i) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d,\n\n(ii) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (c)(3) of this section, and\n\n(iii) In the case of the single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (c)(3) of this section.\n\n(3) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (c)(2)(ii) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (c)(2)(iii) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(4)  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."], ["21:21:2.0.1.1.30.2.1.2", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.115 Canned apricots.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2879, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Ingredients.  Canned apricots is the food prepared from mature apricots of one of the optional styles specified in paragraph (a)(2) of this section, which may be packed as solid pack or in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more of the following safe and suitable optional ingredients:\n\n(i) Natural and artificial flavors.\n\n(ii) Spice.\n\n(iii) Vinegar, lemon juice, or organic acids.\n\n(iv) Apricot pits, except in the cases of unpeeled whole apricots and peeled whole apricots, in a quantity not more than 1 apricot pit to each 227 grams (8 ounces) of finished canned apricots.\n\n(v) Apricot kernels, except in the cases of unpeeled whole apricots and peeled whole apricots, and except when optional ingredient under paragraph (a)(4) of this section is used.\n\n(vi) Ascorbic acid in an amount no greater than necessary to preserve color.\n\nSuch food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(2)  Optional styles of the apricot ingredient.  The optional styles of the apricot ingredient referred to in paragraph (a) of this section are peeled or unpeeled:\n\n(i) Whole.\n\n(ii) Halves.\n\n(iii) Quarters.\n\n(iv) Slices.\n\n(v) Pieces or irregular pieces.\n\nEach such ingredient, except in the cases of unpeeled whole apricots and peeled whole apricots, is pitted.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) When the density of the solution is 10 percent or more but less than 16 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) When the density of the solution is 16 percent or more but less than 21 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( c ) When the density of the solution is 21 percent or more but less than 25 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( d ) When the density of the solution is 25 percent or more but not more than 40 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201capricots\u201d. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice Added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, \u201cSeasoned with Vinegar\u201d or \u201cSeasoned with Apricot Kernels\u201d. When two or more of the optional ingredients specified in paragraphs (a)(1) (ii) through (iv), inclusive, of this section are used, such words may be combined as for example, \u201cSeasoned with Cider Vinegar, Cloves, Cinnamon Oil and Apricot Kernels\u201d.\n\n(ii) The style of the apricot ingredient as provided in paragraph (a)(2) of this section and the name of the packing medium as used in paragraphs (a)(3)(i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d or the words \u201csolid pack\u201d, where applicable, shall be included as part of the name or in close proximity to the name of the food, except that pieces or irregular pieces shall be designated \u201cPieces\u201d, \u201cIrregular pieces\u201d, or \u201cMixed pieces of irregular sizes and shapes\u201d. The style of the apricot ingredient shall be preceded or followed by \u201cUnpeeled\u201d or \u201cPeeled\u201d, as the case may be. \u201cHalves\u201d may be alternatively designated \u201cHalved\u201d, \u201cQuarters\u201d as \u201cQuartered\u201d and \u201cSlices\u201d as \u201cSliced\u201d. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d as the case may be. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n( a ) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d.\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(4)(iii) of this section, and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(4)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(4)(ii)( b ) of this section, such names and the words \u201cfrom concentrate,\u201d as specified in paragraph (a)(4)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b)  Quality.  (1) The standard of quality for canned apricots is as follows:\n\n(i) All units tested in accordance with the method prescribed in paragraph (b)(2) of this section are pierced by a weight of not more than 300 grams.\n\n(ii) In the cases of whole apricots, halves, and quarters, the weight of the largest unit in the container is not more than twice the weight of the smallest unit therein.\n\n(iii) Not more than 20 percent of the units in the container are blemished with scab, hail injury, discoloration, or other abnormalities.\n\n(iv) In the cases of whole apricots, halves, and quarters, all units are untrimmed, or are so trimmed as to preserve normal shape.\n\n(v) Except in the case of mixed pieces of irregular sizes and shapes, not more than 5 percent of the units in a container of 20 or more units, and not more than 1 unit in a container of less than 20 units, are crushed or broken. (A unit which has lost its normal shape because of ripeness and which bears no mark of crushing shall not be considered to be crushed or broken.)\n\n(2) Canned apricots shall be tested by the following method to determine whether or not they meet the requirements of paragraph (b)(1)(i) of this section: So trim a test piece from the unit as to fit, with peel surface up, into a supporting receptacle. If the unit is of different firmness in different parts of its peel surface, trim the piece from the firmest part. If the piece is unpeeled, remove the peel. The top of the receptacle is circular in shape, of 1\n 1/8  inches inside diameter, with vertical sides; or rectangular in shape, \n 3/4  inch by 1 inch inside measurements, with ends vertical and sides sloping downward and joining at the center at a vertical depth of \n 3/4  inch. Use the circular receptacle for testing units of such size that a test piece can be trimmed therefrom to fit it. Use the rectangular receptacle for testing other units. Test no unit from which a test piece with rectangular peel surface at least \n 1/2  inch by 1 inch cannot be trimmed. Test the piece by means of a round metal rod \n 3/16  inch in diameter. To the upper end of the rod is affixed a device to which weight can be added. The rod is held vertically by a support through which it can freely move upward or downward. The lower end of the rod is a plane surface to which the vertical axis of the rod is perpendicular. Adjust the combined weight of the rod and device to 100 grams. Set the receptacle so that the surface of the test piece is held horizontally. Lower the end of the rod to the approximate center of such surface, and add weight to the device at a uniform, continuous rate of 12 grams per second until the rod pierces the test piece. Weigh the rod and weighted device. Test all units in containers of 50 units or less, except those units too small for testing or too soft for trimming. Test at least 50 units, taken at random, in containers of more than 50 units; but if less than 50 units are of sufficient size and firmness for testing, test those which are of sufficient size and firmness.\n\n(3) If the quality of canned apricots falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; but in lieu of such general statement of substandard quality, the label may bear the alternative statement \u201cBelow standard in quality ______\u201d, the blank to be filled in with the words specified after the corresponding number of each subparagraph of paragraph (b)(1) of this section which such canned apricots fail to meet, as follows:\n\n(i) \u201cNot tender\u201d;\n\n(ii) \u201cMixed sizes\u201d;\n\n(iii) \u201cBlemished\u201d;\n\n(iv) \u201cUnevenly trimmed\u201d;\n\n(v) \u201cPartly crushed or broken\u201d.\n\nSuch alternative statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name \u201capricots\u201d and any words and statements required or authorized to appear with such name by \u00a7 145.115(a)(2).\n\n(c)  Fill of container.  (1) The standard of fill of container for canned apricots is the maximum quantity of the optional apricot ingredient that can be sealed in the container and processed by heat to prevent spoilage, without crushing or breaking such ingredient.\n\n(2) If canned apricots fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.30.2.1.3", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.120 Canned berries.", "FDA", "", "", "[46 FR 2339, Jan. 9, 1981; 47 FR 6426, Feb. 12, 1982, as amended at 48 FR 2748, Jan. 21, 1983; 58 FR 2879, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Ingredients.  Canned berries is the food prepared from any suitable variety of one of the optional berry ingredients specified in paragraph (a)(2) of this section, which may be packed in one of the optional packing media specified in paragraph (a)(3) of this section, and may contain one or any combination of two or more of the safe and suitable optional ingredients specified in paragraph (a)(4) of this section. Such food is sealed in a container and before or after sealing is so processed by heat to prevent spoilage.\n\n(2)  Varietal types.  The optional berry ingredients referred to in paragraph (a)(1) of this section are prepared from stemmed fruit of the following optional varietal types of berry ingredient; namely:\n\n(i) Raspberry varieties conforming to the characteristics of  Rubus idaeus  L. or  Rubus occidentalis  L.\n\n(ii) Blackberries.\n\n(iii) Blueberries.\n\n(iv) Boysenberries.\n\n(v) Dewberries.\n\n(vi) Gooseberries.\n\n(vii) Huckleberries.\n\n(viii) Loganberries.\n\n(ix) Strawberry varieties conforming to the characteristics of  Fragaria.\n\n(x) Youngberries.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweeteners may be added. Sweeteners listed in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(ii) When a sweetener is added as a part of any such liquid packing medium, the four density ranges of the resulting packing media hereinafter specified for each berry ingredient, expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure described in \u00a7 145.3(m), shall be designated by the appropriate name for each of the respective density ranges for each berry ingredient as:\n\n( a ) \u201cSlightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) \u201cLight sirup\u201d, when the liquid used is water, \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( c ) \u201cHeavy sirup\u201d, when the liquid used is water; or \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( d ) \u201cExtra heavy sirup\u201d, when the liquid used is water; or \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\nThe density ranges referred to herein are:\n\n( a ) \u201cSlightly sweetened water.\u201d  ( b ) \u201cLight sirup.\u201d  ( c ) \u201cHeavy sirup.\u201d  ( d ) \u201cExtra heavy sirup.\u201d\n\n(4)  Optional ingredients.  The optional ingredients referred to in paragraph (a)(1) of this section are:\n\n(i) Natural and artificial flavors.\n\n(ii) Calcium salts as firming agents provided that the calcium added is no more than 0.035 percent, calculated as calcium, of the weight of the finished canned berries.\n\n(iii) Organic acids.\n\n(5)  Labeling requirements.  (i) The name of the food is the appropriate name of the berry ingredient specified in paragraph (a)(2) of this section.\n\n(ii) The name of the packing medium, as used in paragraph (a)(3)(i) of this section preceded by \u201cIn\u201d or \u201cPacked in.\u201d as provided in paragraph (a)(3) of this section and, in the case of raspberries other than red raspberries provided for in paragraph (a)(2) of this section, the name of such packing medium and the color of such raspberry shall be included as part of the name or in close proximity to the name of the food. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n( a ) In the cases of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d;\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(3) of this section; and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(5)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(5)(ii)( b ) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (a)(5)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b) [Reserved]"], ["21:21:2.0.1.1.30.2.1.4", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.125 Canned cherries.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2879, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Ingredients.  Canned cherries is the food prepared from one of the optional fresh or previously canned cherry ingredients specified in paragraph (a)(2) of this section, which may be packed in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients:\n\n(i) Natural and artificial flavors.\n\n(ii) Spice.\n\n(iii) Vinegar, lemon juice, or organic acids. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(2)  Varietal types and styles.  The optional cherry ingredients referred to in paragraph (a)(1) of this section are prepared from mature pitted or unpitted cherries of the red tart or alternatively, red sour, light sweet or dark sweet varietal group.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) In the case of sweet cherries:\n\n( i ) When the density of the solution is less than 16 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( ii ) When the density of the solution is 16 percent or more but less than 20 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( iii ) When the density of the solution is 20 percent or more but less than 25 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( iv ) When the density of the solution is 25 percent or more but not more than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) In the case of red tart cherries:\n\n( i ) When the density of the solution is less than 18 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( ii ) When the density of the solution is 18 percent or more but less than 22 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( iii ) When the density of the solution is 22 percent or more but less than 28 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( iv ) When the density of the solution is 28 percent or more but not more than 45 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201ccherries\u201d. The optional varietal type as set forth in paragraph (a)(2) of this section, preceded or followed by the word \u201cpitted\u201d when this is the fact, shall be a part of the name. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, or \u201cSeasoned with lemon juice\u201d. When two or more of the optional ingredients specified in paragraph (a)(1) (ii) and (iii) of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, and cinnamon oil\u201d.\n\n(ii) The color type and style of the cherry ingredient as provided in paragraph (a)(2) of this section and the name of the packing medium specified in paragraphs (a)(3) (i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d or the words \u201csolid pack\u201d, where applicable, shall be included as part of the name or in close proximity to the name of the food. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d as the case may be. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n( a ) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d;\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(4)(iii) of this section; and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(4)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(4)(ii)( b ) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (a)(4)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b)  Quality.  (1) The standard of quality for canned cherries is as follows:\n\n(i) In the case of pitted cherries, not more than 1 pit is present in each 20 ounces of canned cherries, as determined by the method prescribed in paragraph (b)(2)(i) of this section.\n\n(ii) In the case of unpitted cherries, the weight of each cherry in the container is not less than \n 1/10  ounce.\n\n(iii) In the case of unpitted cherries, the weight of the largest cherry in the container is not more than twice the weight of the smallest cherry therein.\n\n(iv) In the case of unpitted cherries, the total weight of pits is not more than 12 percent of the weight of drained cherries, as determined by the method prescribed in paragraph (b)(2)(ii) of this section.\n\n(v) Not more than 15 percent by count of the cherries in the container 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 \n 9/32  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.\n\n(2)(i) Pitted canned cherries shall be tested by the following method to determine whether or not they comply with the requirements of paragraph (b)(1)(i) of this section: Take at random such number of containers as to have a total quantity of contents of at least 24 pounds. Open the containers and weigh the contents. Count the pits and pieces of pit shell in such total quantity. Count a piece of pit shell equal to or smaller than one-half pit shell as one-half pit, and a piece of pit shell larger than one-half pit shell as one pit; but when two or more pieces of pit shell are within or attached to a single cherry, count such pieces as one-half pit if their combined size is equivalent to that of one-half pit shell or less, and as one pit if their combined size is equivalent to that of more than one-half pit shell. From the total number of pits so counted and the combined weight of the contents of all the containers, calculate the number of pits present in each 20 ounces of canned cherries.\n\n(ii) Unpitted canned cherries shall be tested by the following method to determine whether or not they comply with the requirements of paragraph (b)(1)(iv) of this section: Tilt the opened container so as to distribute the contents over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve is 8 inches if the quantity of the contents of the container is less than 3 pounds, or 12 inches if such quantity is 3 pounds or more. The bottom of the sieve is No. 8 woven-wire cloth that complies with the specifications for such cloth set forth in the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), Table 1, \u201cNominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),\u201d under the heading \u201cDefinitions of Terms and Explanatory Notes,\u201d which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD, 20877-2504, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  Without shifting the cherries, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, weigh the sieve and drained cherries. The weight so found, less the weight of the sieve, shall be considered to be the weight of drained cherries. Pit the cherries and wash the pits free from adhering flesh. Drain and weigh the pits by the method prescribed above. Divide the weight of pits so found by the weight of drained cherries, and multiply by 100.\n\n(3) If the quality of canned cherries falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; but in lieu of such general statement of substandard quality, the label may bear the alternative statement \u201cBelow Standard in Quality ______\u201d, the blank to be filled in with the words specified after the corresponding number of each subparagraph of paragraph (b)(1) of this section which such canned cherries fail to meet, as follows:\n\n(i) \u201cPartially pitted\u201d;\n\n(ii) \u201cSmall\u201d;\n\n(iii) \u201cMixed sizes\u201d;\n\n(iv) \u201cThin-fleshed\u201d;\n\n(v) \u201cBlemished\u201d.\n\nSuch alternative statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name \u201cCherries\u201d and any words and statements required or authorized to appear with such name by \u00a7 145.125(a)(2).\n\n(c)  Fill of container.  (1) The standard of fill of container for canned cherries is the maximum quantity of the optional cherry ingredient that can be sealed in the container and processed by heat to prevent spoilage, without crushing such ingredient.\n\n(2) If canned cherries fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.30.2.1.5", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.130 Canned figs.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2879, Jan. 6, 1993]", "(a)  Ingredients.  Canned figs is the food prepared from one of the optional fig ingredients specified in paragraph (b) of this section and one of the optional packing media specified in paragraph (c) of this section, to which lemon juice, concentrated lemon juice or organic acid(s) is added, when necessary to reduce the pH of the finished product to pH 4.9 or below. Such food may also contain one, or any combination of two or more of the following safe and suitable optional ingredients:\n\n(1) Natural and artificial flavoring.\n\n(2) Spice.\n\n(3) Vinegar.\n\n(4) Unpeeled segments of citrus fruits.\n\n(5) Salt.\n\nSuch food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(b)  Varietal types.  The optional fig ingredients referred to in paragraph (a) of this section are prepared from mature figs of the light or dark varieties. Figs (or whole figs), split figs (or broken figs), or any combination thereof are optional fig ingredients. A \u201cwhole fig\u201d is one which is whole, but may be slightly cracked, provided it retains its natural conformation without exposing the interior. A \u201csplit\u201d or \u201cbroken\u201d fig is one that is open to such an extent that the seed cavity is exposed. The shape of the fruit may be distorted, and the fruit may or may not be broken apart into entirely separate pieces.\n\n(c)  Packing media.  (1) The optional packing media referred to in paragraph (a) of this section, as defined in \u00a7 145.3 are:\n\n(i) Water.\n\n(ii) Fruit juice(s) and water.\n\n(iii) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(2) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n(i) When the density of the solution is 11 percent or more but less than 16 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light syrup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n(ii) When the density of the solution is 16 percent or more but less than 21 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n(iii) When the density of the solution is 21 percent or more but less than 26 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(iv) When the density of the solution is 26 percent or more but not more than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(d)  Labeling requirements.  (1) The name of the food is \u201cfigs\u201d. The words \u201cbroken\u201d or \u201csplit\u201d shall be a part of the name when the optional fig ingredient is a broken or split fig. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, \u201cSeasoned with vinegar\u201d or \u201cSeasoned with unpeeled segments of citrus fruits\u201d. When two or more of the optional ingredients specified in paragraphs (a) (2) through (5), inclusive, of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, cinnamon oil and unpeeled segments of citrus fruits.\u201d\n\n(2) The name of the packing medium as used in paragraph (c)(1) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d, as provided in paragraph (c) of this section, shall be included as part of the name or in close proximity to the name of the food. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristic to the finished food other than sweetness, as for example, a mixture of brown sugar and honey, the statement \u201c______ sirup of brown sugar and honey\u201d the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d, as the case may be, shall be included as part of the name or in close proximity to the name of the food. When the liquid portion of the packing media provided for in paragraphs (c) (1) and (2) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n(i) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d;\n\n(ii) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (d)(3) of this section; and\n\n(iii) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (d)(3) of this section.\n\n(3) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (d)(2)(ii) of this section, such names and the words \u201cfrom contrate\u201d, as specified in paragraph (d)(2)(iii) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(4)  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."], ["21:21:2.0.1.1.30.2.1.6", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.135 Canned fruit cocktail.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10100, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2880, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Ingredients.  Canned fruit cocktail, canned cocktail fruits, canned fruits for cocktail, is the food prepared from the mixture of fresh, frozen, or previously canned fruit ingredients of mature fruits in the forms and proportions as provided in paragraph (a)(2) of this section, and one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients:\n\n(i) Natural and artificial flavors.\n\n(ii) Spice.\n\n(iii) Vinegar, lemon juice, or organic acids.\n\n(iv) Ascorbic acid in an amount no greater than necessary to preserve color. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(2)  Varietal types and styles.  The fruit ingredients referred to in paragraph (a)(1) of this section, the forms of each, and the percent by weight of each in the mixture of drained fruit from the finished canned fruit cocktail are as follows:\n\n(i)  Peaches.  Any firm yellow variety of the species  Prunus persica  L., excluding nectarine varieties, which are pitted, peeled, and diced, not less than 30 percent and not more than 50 percent.\n\n(ii)  Pears.  Any variety, of the species  Pyrus communis  L. or  Pyrus sinensis  L., which are peeled, cored, and diced, not less than 25 percent and not more than 45 percent.\n\n(iii)  Pineapples.  Any variety, of the species  Ananas comosus  L., which are peeled, cored, and cut into sectors or into dice, not less than 6 percent and not more than 16 percent.\n\n(iv)  Grapes.  Any seedless variety, of the species  Vitis vinifera  L., or  Vitis labrusca  L., not less than 6 percent and not more than 20 percent.\n\n(v)  Cherries.  Approximate halves or whole pitted cherries of the species  Prunus cerasus  L., not less than 2 percent and not more than 6 percent, of the following types:\n\n( a ) Cherries of any light, sweet variety;\n\n( b ) Cherries artificially colored red; or\n\n( c ) Cherries artificially colored red and flavored, natural or artificial.\n\nProvided,  That each 127.5 grams (4\n 1/2  ounces avoirdupois) of the finished canned fruit cocktail and each fraction thereof greater than 56.7 grams (2 ounces avoirdupois) contain not less than 2 sectors or 3 dice of pineapple and not less than 1 approximate half of the optional cherry ingredient.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) When the density of the solution is 10 percent or more, but less than 14 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) When the density of the solution is 14 percent or more but less than 18 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( c ) When the density of the solution is 18 percent or more but less than 22 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( d ) When the density of the solution is 22 percent or more but not more than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201cfruit cocktail\u201d, \u201ccocktail fruits\u201d, or \u201cfruits for cocktail\u201d. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, \u201cSeasoned with vinegar\u201d or \u201cSeasoned with lemon juice\u201d. When two or more of the optional ingredients specified in paragraphs (a)(1) (ii) and (iii) of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, cinnamon oil and lemon juice\u201d.\n\n(ii) The name of the packing medium as used in paragraphs (a)(3) (i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d shall be included as part of the name or in close proximity to the name of the food. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example, in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d as the case may be. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juice(s), such juice(s) shall be designated in the packing medium as:\n\n( a ) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d;\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(4)(iii) of this section; and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(4)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(4)(ii)( b ) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (a)(4)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b)  Quality.  (1) The standard of quality for canned fruit cocktail is as follows:\n\n(i) Not more than 20 percent by weight of the units in the container of peach or pear, or of pineapple if the units thereof are diced, are more than \n 3/4  inch in greatest edge dimension, or pass through the meshes of a sieve designated as \n 5/16  inch that complies with the specifications for such cloth set forth in the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists,\u201d 13th Ed. (1980), Table 1, \u201cNominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),\u201d under the heading \u201cDefinitions of Terms and Explanatory Notes,\u201d which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  If the units of pineapple are in the form of sectors, not more than 20 percent of such sectors in the container fail to conform to the following dimensions: The length of the outside arc is not more than \n 3/4  inch but is more than \n 3/8  inch; the thickness is not more than \n 1/2  inch but is more than \n 5/16  inch; the length (measured along the radius from the inside arc to the outside arc) is not more than 1\n 1/4  inches but is more than \n 3/4  inch.\n\n(ii) Not more than 10 percent of the grapes in a container containing 10 grapes or more, and not more than 1 grape in a container containing less than 10 grapes, are cracked to the extent of being severed into two parts or are crushed to the extent that their normal shape is destroyed.\n\n(iii) Not more than 10 percent of the grapes in a container containing 10 grapes or more, and not more than a grape in a container containing less than 10 grapes, have the cap stem attached.\n\n(iv) There is present in the finished canned fruit cocktail not more than 1 square inch of pear peel per each 1 pound of drained weight of units of pear plus the weight of a proportion of the packing medium which is the same proportion as the drained weight of the units of pear bears to the drained weight of the entire contents of the can. Such drained weights shall be determined by the method prescribed in paragraph (c) of this section.\n\n(v) There is present in the finished canned fruit cocktail not more than 1 square inch of peach peel per each 1 pound of drained weight of units of peach plus the weight of a proportion of the packing medium which is the same proportion as the drained weight of units of peach bears to the drained weight of the entire contents of the can. Such drained weights shall be determined by the method prescribed in paragraph (c) of this section.\n\n(vi) Not more than 15 percent of the units of cherry ingredient, and not more than 20 percent of the units of peach, pear, or grape, in the container are blemished with scab, hail injury, scar tissue or other abnormality.\n\n(vii) If the cherry ingredient is artificially colored, the color of not more than 15 percent of the units thereof in a container containing more than six units and of not more than one unit in a container containing six units or less, is other than evenly distributed in the unit or other than uniform with the color of the other units of the cherry ingredient.\n\n(2) If the quality of canned fruit cocktail falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned fruit cocktail is a fill such that the total weight of drained fruit is not less than 65 percent of the water capacity of the container, as determined by the general method for water capacity of containers prescribed in \u00a7 130.12(a) of this chapter. Such total weight of drained fruit is determined by the following method: Tilt the opened container so as to distribute the 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 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 that complies with the specifications for such cloth set forth under \u201c2.38 mm (No. 8)\u201d in Table 1, \u201cNominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),\u201d prescribed in paragraph (b)(1)(i) of this section, which is incorporated by reference. The availability of this incorporation by reference is given in paragraph (b)(1)(i) of this section. 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 drained fruit. The weight so found, less the weight of the sieve, shall be considered to be the total weight of drained fruit.\n\n(2) If canned fruit cocktail falls below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein prescribed."], ["21:21:2.0.1.1.30.2.1.7", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.145 Canned grapefruit.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11830, Mar. 19, 1982; 49 FR 10100, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2880, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]", "(a)  Identity \u2014(1)  Product identification.  Canned grapefruit is the food prepared from one of the optional grapefruit ingredients specified in paragraph (a)(2) of this section and one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one or more of the following safe and suitable optional ingredients:\n\n(i) Spices.\n\n(ii) Natural and artificial flavoring.\n\n(iii) Lemon juice.\n\n(iv) Citric acid.\n\n(v) Calcium chloride or calcium lactate or a mixture of the two calcium salts in a quantity reasonably necessary to firm the grapefruit sections, but in no case in a quantity such that the calcium contained in such calcium salt or mixture is more than 0.035 percent by weight of the finished food.\n\nSuch food is sealed in a container and, before or after sealing, is so processed by heat as to prevent spoilage.\n\n(2)  Optional grapefruit ingredient.  The optional grapefruit ingredients referred to in paragraph (a)(1) of this section are prepared from sound, mature grapefruit ( Citrus paradisi  Macfadyen) of the color types white\u2014produced from white-fleshed grapefruit, and pink\u2014produced from pink or red-fleshed grapefruit and are in the following forms of units: Whole sections or broken sections. Each such form of units or a mixture of such forms of units prepared from a single varietal group (color type) is an optional grapefruit ingredient. The core, seeds, and major portions of membrane of such ingredient are removed. For the purpose of this section, a grapefruit section is considered whole when the unit is intact or an intact portion of such unit is not less than 75 percent of its apparent original size and is not excessively trimmed.\n\n(i) For the purpose of paragraph (a)(4) of this section, the name of the optional grapefruit ingredient is:\n\n( a ) \u201cSection\u201d or \u201csegments\u201d, if 50 percent or more of the drained weight of the food consists of whole sections.\n\n( b ) \u201cBroken sections\u201d or \u201cbroken segments\u201d, if less than 50 percent of the drained weight of the food consists of whole sections.\n\n(ii) The drained weight is determined by the method prescribed in the standard of fill of container for canned grapefruit set forth in paragraph (c)(2) of this section.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section are:\n\n( a ) Water.\n\n( b ) Grapefruit juice and water.\n\n( c ) Grapefruit juice.\n\n( d ) Slightly sweetened sirup or slightly sweetened water.\n\n( e ) Light sirup.\n\n( f ) Heavy sirup.\n\n( g ) Slightly sweetened grapefruit juice and water.\n\n( h ) Lightly sweetened grapefruit juice and water.\n\n( i ) Heavily sweetened grapefruit juice and water.\n\n( j ) Slightly sweetened grapefruit juice.\n\n( k ) Lightly sweetened grapefruit juice.\n\n( l ) Heavily sweetened grapefruit juice.\n\nAs used in paragraph (a)(3)(i) of this section, the optional packing medium \u201cwater\u201d means, in addition to water, any mixture of water and grapefruit juice in which there is less than 50 percent grapefruit juice; the optional packing medium \u201cgrapefruit juice and water\u201d means the liquid packing medium in which juice of mature grapefruit and water are combined as a liquid packing medium with not less than 50 percent grapefruit juice and the term \u201cgrapefruit juice\u201d means single strength expressed juice of sound, mature fruit. It may be fresh, canned, or made from concentrate. However, if it is made from concentrate, the juice shall be reconstituted with water to not less than the soluble solids the grapefruit juice had before concentration.\n\n(ii) Each of the packing media in paragraph (a)(3)(i) ( d ) to ( l ) of this section is prepared with a liquid ingredient and one or more safe and suitable nutritive carbohydrate sweeteners. Water is the liquid ingredient from which packing media in paragraph (a)(3)(i) ( d ) to ( f ) of this section are prepared. Grapefruit juice and water are the liquid ingredients from which the packing media in paragraph (a)(3)(i) ( g ) to ( i ) of this section are prepared. Grapefruit juice is the liquid ingredient from which the packing media in paragraph (a)(3)(i) ( j ) to ( l ) of this section are prepared. If one or more liquid nutritive carbohydrate sweeteners and grapefruit juice are combined as a liquid packing medium with not less than 50 percent grapefruit juice, the packing medium is as set forth in paragraph (a)(3)(i) ( g ) to ( i ) of this section.\n\n(iii) The respective densities of packing media in paragraph (a)(3)(i) ( d ) to ( i ) of this section as measured on the refractometer, expressed as percent by weight sucrose (degrees Brix) with correction for temperature to the equivalent at 20 \u00b0C (68 \u00b0F), 15 days or more after the grapefruit are canned or the blended homogenized slurry of the comminuted entire contents of the container if canned for less than 15 days, according to the \u201cOfficial Methods of Analysis of the Association of Official Analytical Chemists\u201d (AOAC), 13th Ed. (1980), section 31.011 under \u201cSolids By Means of Refractometer\u2014Official Final Action,\u201d and Reference Tables, section 52.012 (Refractive indices (n) of sucrose solutions at 20\u00b0) and section 52.015 (Refractive indices of invert sugar solutions), which is incorporated by reference (copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ), but without correction for invert sugar or other substances, are as follows:\n\n( a ) Packing media in paragraph (a)(3)(i) ( d ), ( g ), and ( j ) of this section: Twelve percent or more but less than 16 percent.\n\n( b ) Packing media in paragraph (a)(3)(i) ( e ), ( h ), and ( k ) of this section: Sixteen percent or more but less than 18 percent.\n\n( c ) Packing media in paragraph (a)(3)(i) ( f ), ( i ), and ( l ) of this section: Eighteen percent or more. A lot shall be deemed to be in compliance for packing medium density based on the average value for all the samples analyzed according to paragraph (b)(2) of this section but no container may have a value lower than that of the next lower category or 2 percent by weight sucrose (degrees Brix) lower if no lower category exists.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201cgrapefruit\u201d or \u201cpink grapefruit\u201d, as appropriate for the color type of the grapefruit used. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cwith added spice\u201d. Whenever the word \u201csirup\u201d is used, it may be alternatively spelled \u201csyrup\u201d. When two or more of the optional ingredients specified in paragraphs (a)(1) (i), (ii), and (iii) of this section are used, such words may be combined; for example, \u201cwith added cloves and cinnamon oil\u201d.\n\n(ii) The form and style of the grapefruit ingredient as provided for in paragraph (a)(2) of this section and the name of the packing medium as used in paragraph (a)(3) of this section preceded by \u201cIn\u201d or \u201cPacked in\u201d shall be included as part of the name. When the packing medium is prepared from concentrated grapefruit juice, the words \u201cfrom concentrate\u201d shall follow the words \u201cgrapefruit juice\u201d in the name of the packing medium.\n\n(iii)  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.\n\n(b)  Quality.  (1) The standard of quality for canned grapefruit is as follows:\n\n(i) The food is free from extraneous material such as leaves, portions of leaves, and pieces of peel.\n\n(ii) The finished food contains per 500 grams (17.6 ounces) not more than:\n\n( a ) An aggregate area of 20 square centimeters (3.1 square inches) of tough membrane or albedo on the units.\n\n( b ) Four developed seeds. A seed is considered a developed seed when it measures more than 9.0 millimeters (0.35 inches) in any dimension.\n\n(iii) Not more than 15 percent by weight of the drained grapefruit may be blemished units. A blemished unit is a grapefruit section or any portion thereof which is damaged by lye peeling, by discoloration, or by other visible injury. The drained weight is determined by the method prescribed in the standard of fill of container for canned grapefruit set forth in paragraph (c)(2) of this section.\n\n(2)  Sampling and acceptance procedure.  A lot is to be considered acceptable when the number of \u201cdefectives\u201d does not exceed the acceptance number in the sampling plans given in paragraph (b)(2)(ii) of this section.\n\n(i) Definitions of terms to be used in the sampling plans in paragraph (b)(2)(ii) of this section are as follows:\n\n( a )  Lot.  A collection of primary containers or units of the same size, type and style manufactured or packed under similar conditions and handled as a single unit of trade.\n\n( b )  Lot size.  The number of primary containers or units in the lot.\n\n( c )  Sample size  ( n ). The total number of sample units drawn for examination from a lot.\n\n( d )  Sample unit.  A container, the entire contents of a container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit.\n\n( e )  Defective.  Any sample unit shall be regarded as defective when any of the defects or conditions specified in the quality standard (paragraph (b)(1) of this section) and paragraph (c)(3)(i) of this section for minimum fill of container are present in excess of the stated tolerances.\n\n( f )  Accepted number  ( c ). The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements.\n\n( g )  Acceptable quality level  ( AQL ). The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time.\n\n(ii) Sampling plans and acceptance procedure:\n\n1   n  = number of primary containers in sample\n\n2   c  = acceptance number\n\n(3) If the quality of canned grapefruit falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned grapefruit falls below standard with respect to only one of the factors of quality specified by paragraph (b)(1) (i), (ii), or (iii) of this section, there may be substituted for the second line of such general statement of substandard quality, \u201cGood Food\u2014Not High Grade\u201d, a new line as specified after the corresponding designation of paragraph (b)(1) of this section which the canned grapefruit fail to meet:\n\n(i) \u201cContains extraneous material\u201d.\n\n(ii)( a ) \u201cExcessive tough membrane\u201d.\n\n( b ) \u201cExcessive seeds\u201d.\n\n(iii) \u201cExcessive blemished units\u201d.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned grapefruit is:\n\n(i) The fill of grapefruit and packing medium, as determined by the general method for fill of container prescribed in \u00a7 130.12(b) of this chapter, is not less than 90 percent of the total capacity of the container.\n\n(ii) The drained weight of grapefruit ingredient is not less than 50 percent of the water capacity of the container, as determined by the method prescribed in paragraph (c)(2) of this section and the general method for water capacity of containers prescribed in \u00a7 130.12(a) of this chapter.\n\n(2) Drained weight is determined by the following method: Tilt the opened container so as to distribute the contents evenly over the meshes of a circular sieve which has previously been weighed. The diameter of the sieve is 20.3 centimeters (8 inches) if the quantity of contents of the container is less than 1.4 kilograms (3 pounds) and 30.5 centimeters (12 inches) if such quantity is 1.4 kilograms (3 pounds) or more. The bottom of the sieve is woven-wire cloth that complies with the specifications for the No. 8 sieve set forth in the \u201cDefinitions of Terms and Explanatory Notes\u201d of the AOAC, 13th Ed. (1980), Table 1, which is incorporated by reference. The availability of this incorporation by reference is given in paragraph (a)(3)(iii) of this section. Without shifting the material on the sieve, incline the sieve at an angle of 17\u00b0 to 20\u00b0 to facilitate drainage. Two minutes after the drainage begins, weigh the sieve and drained grapefruit. The weight so found, less the weight of the sieve, shall be considered to be the weight of the drained grapefruit.\n\n(3)(i) A container that falls below the requirement for minimum fill prescribed in paragraph (c)(1)(i) of this section shall be considered a \u201cdefective\u201d. The food will be deemed to fall below the standard of fill when the number of defectives exceeds the acceptance number (c) in the sampling plans prescribed in paragraph (b)(2) of this section.\n\n(ii) Canned grapefruit will be deemed to fall below the standard of fill when the average drained weight of all containers analyzed when sampled according to the sampling plans prescribed in paragraph (b)(2) of this section is less than that prescribed in paragraph (c)(1)(ii) of this section.\n\n(4) If canned grapefruit falls below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.30.2.1.8", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.170 Canned peaches.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 46 FR 33028, June 26, 1981; 50 FR 34677, Aug. 27, 1985; 51 FR 11434, Apr. 3, 1986; 58 FR 2880, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Ingredients.  Canned peaches is the food prepared from one of the fresh, frozen, or previously canned optional peach ingredients  Prunus persica  L., of commercial canning varieties, but excluding nectarine varieties, specified in paragraph (a)(2) of this section, which may be packed as a solid pack or in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients:\n\n(i) Natural and artificial flavors.\n\n(ii) Spice.\n\n(iii) Vinegar, lemon juice, or organic acids.\n\n(iv) Peach pits, except in the cases of peeled whole peaches, in a quantity not more than 1 peach pit to each 227 grams (8 ounces) of finished canned peaches.\n\n(v) Peach kernels, except in the cases of peeled whole peaches and except when the optional ingredient in paragraph (a)(1)(iv) of this section is used.\n\n(vi) Ascorbic acid in an amount no greater than necessary to preserve color. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(2)  Varietal types and styles.  The optional peach ingredients referred to in paragraph (a)(1) of this section are prepared from mature peaches of the following optional varietal and color types and styles of peach ingredients; namely:\n\n(i)  The optional varietal types.  ( a ) Freestone is the distinct varietal type where the pit separates readily from the flesh.\n\n( b ) Clingstone is the distinct varietal type where the pit adheres to the flesh.\n\n(ii)  The optional color types \u2014( a )  Yellow \u2014the varietal types in which the predominant color ranges from pale yellow to rich red orange.\n\n( b )  White \u2014the varietal types in which the predominant color ranges from white to yellow-white.\n\n( c )  Red \u2014the varietal types in which the predominant color ranges from pale yellow to orange red and with variegated red coloring other than that associated with the pit cavity.\n\n( d )  Green \u2014varietal types in which the flesh has a green tint even when mature.\n\n(iii)  The optional styles of the peach ingredients\u2014(a )  Whole \u2014consisting of whole peeled unpitted peaches.\n\n( b )  Halves \u2014consisting of peeled pitted peaches cut into two approximately equal parts.\n\n( c )  Halves and pieces \u2014consisting of a mixture in which the peeled pitted peach halves are more than 50 percent by weight.\n\n( d )  Quarters \u2014consisting of peeled pitted peaches cut into four approximately equal parts.\n\n( e )  Slices \u2014consisting of peeled pitted peaches cut into wedge-shaped sectors.\n\n( f )  Dice \u2014consisting of peeled pitted peaches cut into cube-like parts.\n\n( g )  Chunky \u2014consisting of peeled pitted peaches cut into parts 13 millimeters (0.5 inch) or greater in the smallest dimension and 44 millimeters (1.75 inches) or less in the largest dimension.\n\n( h )  Pieces or irregular pieces \u2014consisting of peeled pitted peaches cut into parts of irregular shapes and sizes.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.3.\n\n(ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium, expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in \u00a7 145.3(m), shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) When the density of the solution is 10 percent or more but less than 14 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) When the density of the solution is 14 percent or more but less than 18 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( c ) When the density of the solution is 18 percent or more but less than 22 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( d ) When the density of the solution is 22 percent or more but not more than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d as the case may be.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201cpeaches\u201d. The optional varietal type as set forth in paragraph (a)(2)(i) of this section shall be a part of the name. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, \u201cSeasoned with vinegar\u201d or \u201cSeasoned with peach kernels\u201d. When two or more of the optional ingredients specified in paragraphs (a)(1) (ii) through (v) of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, cinnamon oil and peach kernels\u201d.\n\n(ii) The color type and style of the peach ingredient as provided for in paragraphs (a)(2) (ii) and (iii) of this section and the name of the packing medium specified in paragraphs (a)(3) (i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d or the words \u201cSolid pack\u201d, where applicable, shall be included as part of the name or in close proximity to the name of the food, except that \u201cHalves\u201d may be alternately designated as \u201cHalved\u201d, \u201cHalves and pieces\u201d as \u201cHalved and pieces\u201d, \u201cQuarters\u201d as \u201cQuartered\u201d, \u201cSlices\u201d as \u201cSliced\u201d, and \u201cDice\u201d as \u201cDiced\u201d. Pieces or irregular pieces shall be designated \u201cPieces\u201d, \u201cIrregular pieces\u201d, or \u201cMixed pieces of irregular sizes and shapes\u201d. \u201cChunky\u201d may be designated as \u201cChunks\u201d. The terms \u201cCling\u201d and \u201cFree\u201d may be used as optional designations for \u201cClingstone\u201d and \u201cFreestone\u201d, respectively. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor, or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s); as for example in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d as the case may be. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juices(s), such juice(s) shall be designated in the name of the packing medium as:\n\n( a ) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d;\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(4)(iii) of this section; and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuices(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(4)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(4)(ii)( b ) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (a)(4)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b)  Quality.  (1) The standard of quality for canned peaches is as follows:\n\n(i)  Maturity.  All units tested in accordance with the method prescribed in paragraph (b)(2) of this section are pierced by weight of not more than 300 grams (10.6 ounces).\n\n(ii)  Minimum size.  In the case of halves and quarters styles, the weight of each unit is not less than 17 grams (0.6 ounce) and 8.5 grams (0.3 ounce), respectively.\n\n(iii)  Uniformity of size \u2014( a )  Whole, halves, and quarters.  In the case of whole, halves, and quarters styles, the diameter (width) of the largest unit is not more than 1.5 centimeters (0.6 inch) greater than the diameter (width) of the smallest unit. In containers with more than 20 units, 2 units may be disregarded in making the determination. Where a unit has broken in the container, the combined broken pieces are to be reassembled to approximate a single unit of the appropriate style.\n\n( b )  Chunky.  In the case of chunky style, not more than 25 percent of the drained weight of the contents of the container consists of units that will pass through an opening 13 millimeters (0.5 inch) wide or that are more than 44 millimeters (1.75 inches) along the longest cut edge.\n\n(iv)  Peel.  Not more than 15 square centimeters aggregate area of peel per 1,000 grams (1.05 square inches per 16 ounces) of net weight. Include any peel adhering to the peach or loose in the container.\n\n(v)  Blemished units.  Not more than 20 percent by count of the units in the container are blemished, e.g., with scab, hail injury, discoloration, or other abnormalities. Blemished units are units which contain surface discolorations that definitely contrast with the overall color and may penetrate into the flesh.\n\n(vi)  Trimmed units.  In the case of whole, halves, quarters, and slices styles, all units are untrimmed or are so trimmed as to preserve normal shape of the units.\n\n(vii)  Crushed or broken units.  In the case of whole, halves, halves and pieces, quarters, slices, dice and chunky styles, not more than 5 percent by count of the units in containers of 20 or more units and not more than 1 unit in containers of fewer than 20 units are crushed or broken. A unit that has lost its normal shape because of ripeness and bears no mark of crushing shall not be considered crushed or broken.\n\n(viii)  Pits and pieces of pit.  In the case of all styles, except whole peaches and when whole peach pits or peach kernels are used as seasoning ingredients, there is not more than one loose pit or one loose large hard piece of pit (10 millimeters (\n 3/8  inch) or larger) or one unit of peach (e.g., peach half or peach slice) to which one or more large hard pieces of pit are attached per 5.67 kilograms (200 ounces) net weight. In addition, there is not more than three of any one or any combination of two or more, per 2.83 kilograms (100 ounces) net weight of the following: ( a ) A unit to which one or more small hard pieces of pit less than 10 millimeters (\n 3/8  inch) but not less than 1.6 millimeters (\n 1/16  inch) are attached, ( b ) a unit to which three or more small pieces of pit less than 1.6 millimeters (\n 1/16  inch) are attached, or ( c ) a loose small hard piece of pit less than 10 millimeters (\n 3/8  inch).\n\n(2) Canned peaches shall be tested by the following method to determine whether or not they meet the requirements of paragraph (b)(1)(i) of this section: So trim a test piece from the unit as to fit, with peel surface up, into a supporting receptacle. If the unit is of different firmness in different parts of its peel surface, trim the piece from the firmest part. If the piece is unpeeled, remove the peel. The top of the receptacle is circular in shape, of 29 millimeters (1.125 inches) inside diameter, with vertical sides; or rectangular in shape, 19 millimeters (0.75 inch) by 25 millimeters (1 inch) inside measurements, with ends vertical and sides sloping downward and joining at the center at a vertical depth of 19 millimeters (0.75 inch). Use the circular receptacle for testing units of such size that a test piece can be trimmed therefrom to fit it. Use the rectangular receptacle for testing other units. Test no unit from which a test piece with a rectangular peel surface at least 13 millimeters (0.51 inch) by 25 millimeters (1 inch) cannot be trimmed. Test the piece by means of a round metal rod 4 millimeters (0.16 inch) in diameter. To the upper end of the rod is affixed a device to which weight can be added. The rod is held vertically by a support through which it can freely move upward or downward. The lower end of the rod is a plane surface to which the vertical axis of the rod is perpendicular. Adjust the combined weight of the rod and device to 100 grams (3.53 ounces). Set the receptacle so that the surface of test piece is held horizontally. Lower the end of the rod to the approximate center of such surface, and add weight to the device at a uniform, continuous rate of 12 grams (0.45 ounce) per second until the rod pierces the test piece. Weigh the rod and weighted device. Test all units in containers of 50 units or less, except those units too small for testing or too soft for trimming. Test at least 50 units, taken at random, in containers of more than 50 units; but if less than 50 units are of sufficient size and firmness for testing, test those which are of sufficient size and firmness.\n\n(3) Determine compliance as specified in \u00a7 145.3(o) except that a lot shall be deemed to be in compliance for peel, pits, and pieces of pit based on the average of all samples analyzed according to the sampling plans set out in \u00a7 145.3(p).\n\n(4) If the quality of canned peaches falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality defined in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned peaches falls below standard with respect to only one of the factors of quality specified in paragraph (b)(1) (i) through (viii) of this section, there may be substituted for the second line of such general statement of substandard quality (\u201cGood Food\u2014Not High Grade\u201d) a new line, as specified after the corresponding designation of paragraph (b)(1) of this section which the canned peaches fail to meet, as follows: (i) \u201cNot tender\u201d; (ii) \u201cSmall halves\u201d or \u201cSmall quarters\u201d as the case may be; (iii) ( a ) \u201cMixed sizes\u201d; ( b ) \u201cUndersized and/or oversized pieces\u201d, (iv) \u201cExcess peel\u201d; (v) \u201cBlemished\u201d; (vi) \u201cUnevenly trimmed\u201d; (vii) \u201cPartly crushed or broken\u201d; (viii) \u201cContains pits or pit fragments\u201d. Such alternative statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name \u201cpeaches\u201d and any words and statements required or authorized to appear with such name by paragraph (a)(2) of this section.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned peaches is the maximum quantity of the optional peach ingredient that can be sealed in the container and processed by heat to prevent spoilage, without crushing or breaking such ingredient.\n\n(2) If canned peaches fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["21:21:2.0.1.1.30.2.1.9", 21, "Food and Drugs", "I", "B", "145", "PART 145\u2014CANNED FRUITS", "B", "Subpart B\u2014Requirements for Specific Standardized Canned Fruits", "", "\u00a7 145.175 Canned pears.", "FDA", "", "", "[42 FR 14414, Mar. 15, 1977, as amended at 47 FR 41528, 41530, Sept. 21, 1982; 58 FR 2880, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Ingredients.  Canned pears is the food prepared from one of the fresh or previously canned optional pear ingredients  Pyrus communis  or  Pyrus sinensis  specified in paragraph (a)(2) of this section which may be packed in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients.\n\n(i) Natural and artificial flavors.\n\n(ii) Spice.\n\n(iii) Vinegar, lemon juice, or organic acids.\n\n(iv) Artificial colors.\n\nSuch food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage.\n\n(2)  Styles and forms of units.  The optional pear styles and forms of units referred to in paragraph (a)(1) of this section are:\n\n(i)  Whole \u2014consisting of peeled or unpeeled pears with cores removed or left in.\n\n(ii)  Halves \u2014consisting of peeled or unpeeled pears with cores removed and cut into two approximately equal parts.\n\n(iii)  Quarters \u2014consisting of peeled pears with cores removed and cut into four approximately equal parts.\n\n(iv)  Slices \u2014consisting of peeled pears with cores removed and cut into wedge-shaped sectors.\n\n(v)  Dice \u2014consisting of peeled pears with cores removed and cut into cube-like parts.\n\n(vi)  Pieces or irregular pieces \u2014consisting of peeled pears with cores removed and cut into parts of irregular shapes and sizes.\n\n(vii)  Chunky \u2014consisting of peeled pears with cores removed and cut into parts 13 millimeters (0.51 inch) or greater in the smallest dimension and 44 millimeters (1.75 inches) or less in the largest dimension.\n\n(3)  Packing media.  (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in \u00a7 145.3 are:\n\n( a ) Water.\n\n( b ) Fruit juice(s) and water.\n\n( c ) Fruit juice(s).\n\n( d ) Clarified juice.\n\nSuch packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in \u00a7 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in \u00a7 145.30.\n\n(ii) If the concentration of clarified juice is such that the packing medium forms to the density range for one of the sirups under paragraph (a)(3)(ii) ( a ), ( b ), ( c ), or ( d ) of this section, the concentrated clarified juice is considered to be light sirup, heavy sirup, or extra heavy sirup, as the case may be. When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure in \u00a7 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely:\n\n( a ) When the density of the solution is less than 14 percent, the medium shall be designated as \u201cslightly sweetened water\u201d; or \u201cextra light sirup\u201d; \u201cslightly sweetened fruit juice(s) and water\u201d; or \u201cslightly sweetened fruit juice(s)\u201d, as the case may be.\n\n( b ) When the density of the solution is 14 percent or more but less than 18 percent, the medium shall be designated as \u201clight sirup\u201d; \u201clightly sweetened fruit juice(s) and water\u201d; or \u201clightly sweetened fruit juice(s)\u201d as the case may be.\n\n( c ) When the density of the solution is 18 percent or more but less than 22 percent, the medium shall be designated as \u201cheavy sirup\u201d; \u201cheavily sweetened fruit juice(s) and water\u201d; or \u201cheavily sweetened fruit juice(s)\u201d, as the case may be.\n\n( d ) When the density of the solution is 22 percent or more but not more than 35 percent, the medium shall be designated as \u201cextra heavy sirup\u201d; \u201cextra heavily sweetened fruit juice(s) and water\u201d; or \u201cextra heavily sweetened fruit juice(s)\u201d, as the case may be.\n\n(4)  Labeling requirements.  (i) The name of the food is \u201cpears\u201d. The name of the food shall also include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any spice or seasoning that characterizes the product; for example, \u201cSpice added\u201d, or in lieu of the word \u201cSpice\u201d, the common name of the spice, \u201cSeasoned with vinegar\u201d. When two or more of the optional ingredients specified in paragraphs (a)(1) (ii) and (iii) of this section are used, such words may be combined as for example, \u201cSeasoned with cider vinegar, cloves, and cinnamon oil\u201d.\n\n(ii) The style and forms of units of the pear ingredient as provided in paragraph (a)(2) of this section and the name of the packing medium specified in paragraph (a)(3) (i) and (ii) of this section, preceded by \u201cIn\u201d or \u201cPacked in\u201d or the words \u201cSolid pack\u201d, where applicable, shall be included as part of the name or in close proximity to the name of the food, except that \u201cHalves\u201d may be alternatively designated as \u201cHalved\u201d, \u201cQuarters\u201d as \u201cQuartered\u201d, \u201cSlices\u201d as \u201cSliced\u201d, and \u201cDice\u201d as \u201cDiced\u201d. \u201cPieces\u201d or \u201cIrregular pieces\u201d shall be designated as \u201cPieces\u201d, \u201cIrregular pieces\u201d, or \u201cMixed pieces of irregular sizes and shapes\u201d. \u201cChunky\u201d may be designated as \u201cChunks\u201d. The style of the pear ingredient shall be preceded or followed by \u201cUnpeeled\u201d when the units are whole or halves and are unpeeled. When the packing medium is prepared with a sweetener(s) which imparts a taste, flavor or other characteristic to the finished food in addition to sweetness, the name of the packing medium shall be accompanied by the name of such sweetener(s), as for example in the case of a mixture of brown sugar and honey, an appropriate statement would be \u201c______ sirup of brown sugar and honey\u201d the blank to be filled in with the word \u201clight\u201d, \u201cheavy\u201d, or \u201cextra heavy\u201d, as the case may be. When the liquid portion of the packing media provided for in paragraphs (a)(3) (i) and (ii) of this section consists of fruit juice(s), such juice(s) shall be designated in the name of the packing medium as:\n\n( a ) In the case of a single fruit juice, the name of the juice shall be used in lieu of the word \u201cfruit\u201d;\n\n( b ) In the case of a combination of two or more fruit juices, the names of the juices in the order of predominance by weight shall either be used in lieu of the word \u201cfruit\u201d in the name of the packing medium, or be declared on the label as specified in paragraph (a)(4)(iii) of this section; and\n\n( c ) In the case of a single fruit juice or a combination of two or more fruit juices any of which are made from concentrate(s), the words \u201cfrom concentrate(s)\u201d shall follow the word \u201cjuice(s)\u201d in the name of the packing medium and in the name(s) of such juice(s) when declared as specified in paragraph (a)(4)(iii) of this section.\n\n(iii) Whenever the names of the fruit juices used do not appear in the name of the packing medium as provided in paragraph (a)(4)(ii)( b ) of this section, such names and the words \u201cfrom concentrate\u201d, as specified in paragraph (a)(4)(ii)( c ) of this section, shall appear in an ingredient statement pursuant to the requirements of \u00a7 101.3(d) of this chapter.\n\n(iv)  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.\n\n(b)  Quality.  (1) The standard of quality for canned pears is as follows:\n\n(i)  Maturity.  All units tested in accordance with the method prescribed in paragraph (b)(2) of this section are pierced by a weight of not more than 300 grams (10.6 ounces).\n\n(ii)  Minimum size.  In the case of halves and quarters styles, the weight of each unit is not less than 17 grams (0.6 ounce) and 8.5 grams (0.3 ounce), respectively.\n\n(iii)  Uniformity of size \u2014( a )  Whole, halves, and quarters.  In the case of whole, halves, and quarters styles, among those units comprising 95 percent by count of those present in the container that are most uniform in size, the weight of the largest unit is not more than twice the weight of the smallest unit. In containers with fewer than 20 units, 1 unit may be disregarded in making the determination. Where a unit has broken in the container, reassemble the broken pieces to approximate a single unit of the appropriate style.\n\n( b )  Chunky.  In the case of chunky style, not more than 25 percent of the drained weight of the contents of the container consists of units that will pass through an opening 13 millimeters (0.51 inch) wide or that are more than 44 millimeters (1.75 inches) along the longest cut edge.\n\n(iv)  Peel (except unpeeled style).  Not more than 10 square centimeters (1.6 square inches) of peel adhering to pears or loose in the container per kilogram (35.3 ounces) of net weight.\n\n(v)  Blemished units.  Not more than 20 percent by count of the units in the container are blemished with scab, hail injury, discoloration, or other abnormality aggregating the area of a circle more than 6.5 millimeters (0.25 inch) in diameter; corky or hard spots on outer surfaces aggregating the area of a circle more than 13 millimeters (0.51 inch) in diameter; or dark brown areas aggregating the area of a circle less than 6.5 millimeters (0.25 inch) in diameter which penetrate into the flesh or affect the appearance of the unit.\n\n(vi)  Trimmed units.  In the case of whole, halves, and quarters styles, all units are untrimmed or are so trimmed as to preserve normal shape of the unit.\n\n(vii)  Crushed or broken units.  In the case of whole, halves, quarter, slices, dice, and chunky styles, not more than 10 percent by count of the units in containers of 10 or more units and not more than 1 unit in containers of less than 10 units are crushed or broken. A unit that lost its normal shape because of ripeness and bears no mark of crushing shall not be considered to be crushed or broken.\n\n(viii)  Loose core material in all styles except uncored whole style.  Not more than two units of loose core material per kilogram (35.3 ounces) of net weight. A unit of such material is defined as a portion of loose core, with or without seeds, aggregating approximately one-half of a pear core.\n\n(ix)  Partially cored units in all styles except uncored whole style.  Not more than 40 percent by count partially cored units in halves, quarters, slices, and pieces or irregular pieces styles and not more than 5 percent by weight in dice style. A partially cored unit is a unit of pear that contains an attached portion of the seed cell cavity.\n\n(x)  Seeds in all styles except whole uncored style.  Not more than 8 seeds or the equivalent in pieces of seeds per kilogram (35.3 ounces) of net weight. Seeds included as cored material in paragraph (b)(1) (viii) and (ix) of this section shall not be counted a second time.\n\n(2) Canned pears shall be tested by the following method to determine whether they meet the requirements of paragraph (b)(1)(i) of this section: So trim a test piece from the unit as to fit, with peel surface up, into a supporting receptacle. If the unit is of different firmness in different parts of its peel surface, trim the piece from the firmest part. If the piece is unpeeled, remove the peel. The top of the receptacle is circular in shape, of 28.6 millimeters (1.12 inches) inside diameter, with vertical sides; or rectangular in shape, 19 millimeters (0.75 inch) by 25.4 millimeters (1 inch) inside measurements, with ends vertical and sides sloping downward and joining at the center at a vertical depth of 19 millimeters (0.75 inch). Use the circular receptacle for testing units of such size that a test piece can be trimmed therefrom to fit it. Use the rectangular receptacle for testing other units. Test no unit from which a test piece with rectangular peel surface at least 13 millimeters (0.51 inch) by 25.4 millimeters (1 inch) cannot be trimmed. Test the piece by means of a round metal rod 4 millimeters (0.16 inch) in diameter. To the upper end of the rod is affixed a device to which weight can be added. The rod is held vertically by the support through which it can freely move upward or downward. The lower end of the rod is a plane surface to which the vertical axis of the rod is perpendicular. Adjust the combined weight of the rod and device to 100 grams (3.5 ounces). Set the receptacle so that the surface of the test piece is held horizontally. Lower the end of the rod to the approximate center of such surface, and add weight to the device at a uniform, continuous rate of 12 grams (0.42 ounce) per second until the rod pierces the test piece. Weigh the rod and weighted device. Test all units in containers of 50 units or less except those units too small for testing or too soft for trimming. Test at least 50 units, taken at random in containers of more than 50 units; but if less than 50 units are of sufficient size and firmness for testing, test those which are of sufficient size and firmness.\n\n(3) Determine compliance as specified in \u00a7 145.3(o) except that a lot shall be deemed to be in compliance for peel in all styles except unpeeled styles and seeds in all styles except whole uncored style based on the average of all samples analyzed according to the sampling plans set out in \u00a7 145.3(p).\n\n(4) If the quality of canned pears falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in \u00a7 130.14(a) of this chapter, in the manner and form therein specified; however, if the quality of the canned pears falls below standard with respect to only one of the factors of quality specified in paragraph (b)(1) (i) through (x) of this section, there may be substituted for the second line of such general statement of substandard quality (\u201cGood Food\u2014Not High Grade\u201d) a new line, as specified after the corresponding designation of paragraph (b)(1) of this section which the canned pears fail to meet, as follows:\n\n(i) \u201cNot tender\u201d;\n\n(ii) \u201cSmall halves\u201d or \u201csmall quarters\u201d, as the case may be;\n\n(iii)( a ) \u201cMixed sizes\u201d;\n\n( b ) \u201cUndersized and/or oversized pieces\u201d;\n\n(iv) \u201cExcessive peel\u201d;\n\n(v) \u201cBlemished\u201d;\n\n(vi) \u201cUnevenly trimmed\u201d;\n\n(vii) \u201cPartly crushed or broken\u201d;\n\n(viii) \u201cExcessive core\u201d;\n\n(ix) \u201cExcessive core\u201d;\n\n(x) \u201cExcessive seeds\u201d.\n\nSuch alternative statement shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the name \u201cpears\u201d and any words and statements required or authorized to appear with such name by paragraph (a)(2) of this section.\n\n(c)  Fill of container.  (1) The standard of fill of container for canned pears is the maximum quantity of the optional pear ingredient that can be sealed in the container and processed by heat to prevent spoilage, without crushing or breaking such ingredient.\n\n(2) If canned pears fall below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in \u00a7 130.14(b) of this chapter, in the manner and form therein specified."], ["33:33:2.0.1.3.13.0.33.1", 33, "Navigation and Navigable Waters", "I", "N", "145", "PART 145\u2014FIRE-FIGHTING EQUIPMENT", "", "", "", "\u00a7 145.01 Portable and semi-portable fire extinguishers.", "USCG", "", "", "[USCG-2012-0196, 81 FR 48242, July 22, 2016]", "(a) On all manned platforms and on all unmanned platforms where crews are continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guard-approved semi-portable fire extinguishers must be installed and maintained. On all unmanned platforms where crews are not continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guard-approved semi-portable fire extinguishers are required to be installed and maintained only when crews are working on them.\n\n(b) Portable and semi-portable fire extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see \u00a7 140.7 of this chapter) as amended here:\n\n(1) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers.\n\n(2) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew.\n\n(3) Non-rechargeable or non-refillable fire extinguishers must be inspected and maintained in accordance with NFPA 10. However, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew.\n\n(4) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted."], ["33:33:2.0.1.3.13.0.33.2", 33, "Navigation and Navigable Waters", "I", "N", "145", "PART 145\u2014FIRE-FIGHTING EQUIPMENT", "", "", "", "\u00a7 145.05 [Reserved]", "USCG", "", "", "", ""], ["33:33:2.0.1.3.13.0.33.3", 33, "Navigation and Navigable Waters", "I", "N", "145", "PART 145\u2014FIRE-FIGHTING EQUIPMENT", "", "", "", "\u00a7 145.10 Location, number, and installation of fire extinguishers.", "USCG", "", "", "[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by USCG-2012-0196, 81 FR 48243, July 22, 2016]", "(a) Approved portable and semi-portable extinguishers must be installed in accordance with Table 145.10(a).\n\n(b) Semi-portable extinguishers must be located in the open so as to be readily seen.\n\n(c) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so all of the space can be protected.\n\n(d) Table 145.10(a) of this section indicates the minimum number and size of fire extinguishers required for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table.\n\nTable 145.10( a )\u2014Portable and Semi-Portable Extinguishers\n\n1  Not required where a fixed extinguishing system is installed.\n\n2  When the installation is on the weather deck or open to the atmosphere at all times, then one 40-B extinguisher for every three engines is allowable.\n\n3  Small electrical appliances, such as fans, are exempt."], ["33:33:2.0.1.3.13.0.33.4", 33, "Navigation and Navigable Waters", "I", "N", "145", "PART 145\u2014FIRE-FIGHTING EQUIPMENT", "", "", "", "\u00a7 145.15 Location and number of fire extinguishers required for vessels contracted for prior to August 22, 2016.", "USCG", "", "", "[USCG-2012-0196, 81 FR 48243, July 22, 2016]", "(a) Vessels contracted for prior to August 22, 2016 must meet the following requirements:\n\n(1) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 145.10(a) of this part need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.\n\n(2) All new equipment and installations must meet the applicable requirements in this part for new vessels.\n\n(b) [Reserved]"], ["40:40:25.0.1.1.8.1.45.1", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "A", "Subpart A\u2014General Program Requirements", "", "\u00a7 145.1 Purpose and scope.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 59 FR 64345, Dec. 14, 1994; 75 FR 77290, Dec. 10, 2010]", "(a) This part specifies the procedures EPA will follow in approving, revising, and withdrawing State programs under section 1422 (underground injection control\u2014UIC) of SDWA, and includes the elements which must be part of submissions to EPA for program approval and the substantive provisions which must be present in State programs for them to be approved.\n\n(b) State submissions for program approval must be made in accordance with the procedures set out in subpart C. This includes developing and submitting to EPA a program description (\u00a7 145.23), an Attorney General's Statement (\u00a7 145.24), and a Memorandum of Agreement with the Regional Administrator (\u00a7 145.25).\n\n(c) The substantive provisions which must be included in State programs to obtain approval include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. The requirements are found in subpart B. Many of the requirements for State programs are made applicable to States by cross-referencing other EPA regulations. In particular, many of the provisions of parts 144 and 124 are made applicable to States by the references contained in \u00a7 145.11.\n\n(d) Upon submission of a complete program, EPA will conduct a public hearing, if interest is shown, and determine whether to approve or disapprove the program taking into consideration the requirements of this part, the Safe Drinking Water Act and any comments received.\n\n(e) Upon approval of a State program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program.\n\n(f) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this part.\n\n(g) Nothing in this part precludes a State from:\n\n(1) Adopting or enforcing requirements which are more stringent or more extensive than those required under this part;\n\n(2) Operating a program with a greater scope of coverage than that required under this part. Where an approved State program has a greater scope of coverage than required by Federal law the additional coverage is not part of the federally approved program.\n\n(h) Section 1451 of the SDWA authorizes the Administrator to delegate primary enforcement responsibility for the Underground Injection Control Program to eligible Indian Tribes. An Indian Tribe must establish its eligibility to be treated as a State before it is eligible to apply for Underground Injection Control grants and primary enforcement responsibility. All requirements of parts 124, 144, 145, and 146 that apply to States with UIC primary enforcement responsibility also apply to Indian Tribes except where specifically noted.\n\n(i) States seeking primary enforcement responsibility for Class VI wells must submit a primacy application in accordance with subpart C of this part and meet all requirements of this part. States may apply for primary enforcement responsibility for Class VI wells independently of other injection well classes."], ["40:40:25.0.1.1.8.1.45.2", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "A", "Subpart A\u2014General Program Requirements", "", "\u00a7 145.2 Definitions.", "EPA", "", "", "", "The definitions of part 144 apply to all subparts of this part."], ["40:40:25.0.1.1.8.2.45.1", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "B", "Subpart B\u2014Requirements for State Programs", "", "\u00a7 145.11 Requirements for permitting.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 64 FR 78572, Dec. 7, 1999; 70 FR 59888, Oct. 13, 2005]", "(a) All State programs under this part must have legal authority to implement each of the following provisions and must be administered in conformance with each; except that States are not precluded from omitting or modifying any provisions to impose more stringent requirements.\n\n(1) Section 144.5(b)-(Confidential information);\n\n(2) Section 144.6\u2014(Classification of injection wells);\n\n(3) Section 144.7\u2014(Identification of underground sources of drinking water and exempted aquifers);\n\n(4) Section 144.8\u2014(Noncompliance reporting);\n\n(5) Section 144.11\u2014(Prohibition of unauthorized injection);\n\n(6) Section 144.12\u2014(Prohibition of movement of fluids into underground sources of drinking water);\n\n(7) Section 144.13\u2014(Elimination of Class IV wells);\n\n(8) Section 144.14\u2014(Requirements for wells managing hazardous waste);\n\n(9) Sections 144.21-144.26\u2014(Authorization by rule);\n\n(10) Section 144.31\u2014(Application for a permit);\n\n(11) Section 144.32\u2014(Signatories);\n\n(12) Section 144.33\u2014(Area Permits);\n\n(13) Section 144.34\u2014(Emergency permits);\n\n(14) Section 144.35\u2014(Effect of permit);\n\n(15) Section 144.36\u2014(Duration);\n\n(16) Section 144.38\u2014(Permit transfer);\n\n(17) Section 144.39\u2014(Permit modification);\n\n(18) Section 144.40\u2014(Permit termination);\n\n(19) Section 144.51\u2014(Applicable permit conditions);\n\n(20) Section 144.52\u2014(Establishing permit conditions);\n\n(21) Section 144.53(a)\u2014(Schedule of compliance);\n\n(22) Section 144.54\u2014(Monitoring requirements);\n\n(23) Section 144.55\u2014(Corrective Action);\n\n(24) Section 124.3(a)\u2014(Application for a permit);\n\n(25) Section 124.5 (a), (c), (d), and (f)\u2014(Modification of permits);\n\n(26) Section 124.6 (a), (c), (d), and (e)\u2014(Draft Permit);\n\n(27) Section 124.8\u2014(Fact sheets);\n\n(28) Section 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e)\u2014(Public notice);\n\n(29) Section 124.11\u2014(Public comments and requests for hearings);\n\n(30) Section 124.12(a)\u2014(Public hearings);\n\n(31) Section 124.17 (a) and (c)\u2014(Response to comments);\n\n(32) Section 144.88\u2014(What are the additional requirements?); and\n\n(33) For states that wish to receive electronic documents, 40 CFR part 3\u2014(Electronic reporting).\n\n(b)(1) States need not implement provisions identical to the provisions listed in paragraphs (a)(1) through (a)(32) of this section. Implemented provisions must, however, establish requirements at least as stringent as the corresponding listed provisions. While States may impose more stringent requirements, they may not make one requirement more lenient as a tradeoff for making another requirement more stringent; for example, by requiring that public hearings be held prior to issuing any permit while reducing the amount of advance notice of such a hearing.\n\n(2) State programs may, if they have adequate legal authority, implement any of the provisions of parts 144 and 124. See, for example \u00a7 144.37(d) (continuation of permits) and \u00a7 124.4 (consolidation of permit processing)."], ["40:40:25.0.1.1.8.2.45.2", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "B", "Subpart B\u2014Requirements for State Programs", "", "\u00a7 145.12 Requirements for compliance evaluation programs.", "EPA", "", "", "", "(a) State programs shall have procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and reports required of permittees and other regulated persons (and for investigation for possible enforcement of failure to submit these notices and reports).\n\n(b) State programs shall have inspection and surveillance procedures to determine, independent of information supplied by regulated persons, compliance or noncompliance with applicable program requirements. The State shall maintain:\n\n(1) A program which is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority to identify persons subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, or inventory of such facilities and activities shall be made available to the Regional Administrator upon request;\n\n(2) A program for periodic inspections of the facilities and activities subject to regulation. These inspections shall be conducted in a manner designed to:\n\n(i) Determine compliance or noncompliance with issued permit conditions and other program requirements;\n\n(ii) Verify the accuracy of information submitted by permittees and other regulated persons in reporting forms and other forms supplying monitoring data; and\n\n(iii) Verify the adequacy of sampling, monitoring, and other methods used by permittees and other regulated persons to develop that information;\n\n(3) A program for investigating information obtained regarding violations of applicable program and permit requirements; and\n\n(4) Procedures for receiving and ensuring proper consideration of information submitted by the public about violations. Public effort in reporting violations shall be encouraged and the State Director shall make available information on reporting procedures.\n\n(c) The State Director and State officers engaged in compliance evaluation shall have authority to enter any site or premises subject to regulation or in which records relevant to program operation are kept in order to copy any records, inspect, monitor or otherwise investigate compliance with permit conditions and other program requirements. States whose law requires a search warrant before entry conform with this requirement.\n\n(d) Investigatory inspections shall be conducted, samples shall be taken and other information shall be gathered in a manner [e.g., using proper \u201cchain of custody\u201d procedures] that will produce evidence admissible in an enforcement proceeding or in court."], ["40:40:25.0.1.1.8.2.45.3", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "B", "Subpart B\u2014Requirements for State Programs", "", "\u00a7 145.13 Requirements for enforcement authority.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 48 FR 39621, Sept. 1, 1983; 53 FR 37412, Sept. 26, 1988]", "(a) Any State agency administering a program shall have available the following remedies for violations of State program requirements:\n\n(1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity which is endangering or causing damage to public health or environment;\n\nThis paragraph requires that States have a mechanism (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to stop any unauthorized activity endangering public health or the environment.\n\n(2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit;\n\n(3) To assess or sue to recover in court civil penalties and to seek criminal remedies, including fines, as follows:\n\n(i) For all wells except Class II wells, civil penalties shall be recoverable for any program violation in at least the amount of $2,500 per day. For Class II wells, civil penalties shall be recoverable for any program violation in at least the amount of $1,000 per day.\n\n(ii) Criminal fines shall be recoverable in at least the amount of $5,000 per day against any person who willfully violates any program requirement, or for Class II wells, pipeline (production) severance shall be imposable against any person who willfully violates any program requirement.\n\nIn many States the State Director will be represented in State courts by the State Attorney General or other appropriate legal officer. Although the State Director need not appear in court actions he or she should have power to request that any of the above actions be brought.\n\n(b)(1) The maximum civil penalty or criminal fine (as provided in paragraph (a)(3) of this section) shall be assessable for each instance of violation and, if the violation is continuous, shall be assessable up to the maximum amount for each day of violation.\n\n(2) The burden of proof and degree of knowledge or intent required under State law for establishing violations under paragraph (a)(3) of this section, shall be no greater than the burden of proof or degree of knowledge or intent EPA must provide when it brings an action under the Safe Drinking Water Act.\n\nFor example, this requirement is not met if State law includes mental state as an element of proof for civil violations.\n\n(c) A civil penalty assessed, sought, or agreed upon by the State Director under paragraph (a)(3) of this section shall be appropriate to the violation.\n\nTo the extent that State judgments or settlements provide penalties in amounts which EPA believes to be substantially inadequate in comparison to the amounts which EPA would require under similar facts, EPA, when authorized by the applicable statute, may commence separate actions for penalties.\n\nIn addition to the requirements of this paragraph, the State may have other enforcement remedies. The following enforcement options, while not mandatory, are highly recommended:\n\nProcedures for assessment by the State of the costs of investigations, inspections, or monitoring surveys which lead to the establishment of violations;\n\nProcedures which enable the State to assess or to sue any persons responsible for unauthorized activities for any expenses incurred by the State in removing, correcting, or terminating any adverse effects upon human health and the environment resulting from the unauthorized activity, or both; and\n\nProcedures for the administrative assessment of penalties by the Director.\n\n(d) Any State administering a program shall provide for public participation in the State enforcement process by providing either:\n\n(1) Authority which allows intervention as of right in any civil or administrative action to obtain remedies specified in paragraph (a) (1), (2) or (3) of this section by any citizen having an interest which is or may be adversely affected; or\n\n(2) Assurance that the State agency or enforcement authority will:\n\n(i) Investigate and provide written responses to all citizen complaints submitted pursuant to the procedures specified in \u00a7 145.12(b)(4);\n\n(ii) Not oppose intervention by any citizen when permissive intervention may be authorized by statute, rule, or regulation; and\n\n(iii) Publish notice of and provide at least 30 days for public comment on any proposed settlement of a State enforcement action.\n\n(e) To the extent that an Indian Tribe does not assert or is precluded from asserting criminal enforcement authority the Administrator will assume primary enforcement responsibility for criminal violations. The Memorandum of Agreement in \u00a7 145.25 shall reflect a system where the Tribal agency will refer such violations to the Administrator in an appropriate and timely manner."], ["40:40:25.0.1.1.8.2.45.4", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "B", "Subpart B\u2014Requirements for State Programs", "", "\u00a7 145.14 Sharing of information.", "EPA", "", "", "", "(a) Any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information under this section. Any information obtained from a State and subject to a claim of confidentiality will be treated in accordance with the regulations in 40 CFR part 2. If EPA obtains from a State information that is not claimed to be confidential, EPA may make that information available to the public without further notice.\n\n(b) EPA shall furnish to States with approved programs the information in its files not submitted under a claim of confidentiality which the State needs to implement its approved program. EPA shall furnish to States with approved programs information submitted to EPA under a claim of confidentiality, which the State needs to implement its approved program, subject to the conditions in 40 CFR part 2."], ["40:40:25.0.1.1.8.3.45.1", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "C", "Subpart C\u2014State Program Submissions", "", "\u00a7 145.21 General requirements for program approvals.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 75 FR 77290, Dec. 10, 2010]", "(a) States shall submit to the Administrator a proposed State UIC program complying with \u00a7 145.22 of this part within 270 days of the date of promulgation of the UIC regulations on June 24, 1980. The administrator may, for good cause, extend the date for submission of a proposed State UIC program for up to an additional 270 days.\n\n(b) States shall submit to the Administrator 6 months after the date of promulgation of the UIC regulations a report describing the State's progress in developing a UIC program. If the Administrator extends the time for submission of a UIC program an additional 270 days, pursuant to \u00a7 145.21(a), the State shall submit a second report six months after the first report is due. The Administrator may prescribe the manner and form of the report.\n\n(c) The requirements of \u00a7 145.21 (a) and (b) shall not apply to Indian Tribes.\n\n(d) EPA will establish a UIC program in any State which does not comply with paragraph (a) of this section. EPA will continue to operate a UIC program in such a State until the State receives approval of a UIC program in accordance with the requirements of this part.\n\nStates which are authorized to administer the NPDES permit program under section 402 of CWA are encouraged to rely on existing statutory authority, to the extent possible, in developing a State UIC program. Section 402(b)(1)(D) of CWA requires that NPDES States have the authority \u201cto issue permits which control the disposal of pollutants into wells.\u201d In many instances, therefore, NPDES States will have existing statutory authority to regulate well disposal which satisfies the requirements of the UIC program. Note, however, that CWA excludes certain types of well injections from the definition of \u201cpollutant.\u201d If the State's statutory authority contains a similar exclusion it may need to be modified to qualify for UIC program approval.\n\n(e) If a State can demonstrate to EPA's satisfaction that there are no underground injections within the State for one or more classes of injection wells (other than Class IV wells) subject to SDWA and that such injections cannot legally occur in the State until the State has developed an approved program for those classes of injections, the State need not submit a program to regulate those injections and a partial program may be approved. The demonstration of legal prohibition shall be made by either explicitly banning new injections of the class not covered by the State program or providing a certification from the State Attorney General that such new injections cannot legally occur until the State has developed an approved program for that class. The State shall submit a program to regulate both those classes of injections for which a demonstration is not made and class IV wells.\n\n(f) When a State UIC program is fully approved by EPA to regulate all classes of injections, the State assumes primary enforcement authority under section 1422(b)(3) of SDWA. EPA retains primary enforcement responsibility whenever the State program is disapproved in whole or in part. States which have partially approved programs have authority to enforce any violation of the approved portion of their program. EPA retains authority to enforce violations of State underground injection control programs, except that, when a State has a fully approved program, EPA will not take enforcement actions without providing prior notice to the State and otherwise complying with section 1423 of SDWA.\n\n(g) A State can assume primary enforcement responsibility for the UIC program, notwithstanding \u00a7 145.21(3), when the State program is unable to regulate activities on Indian lands within the State. EPA will administer the program on Indian lands if the State does not seek this authority.\n\n(h) To establish a Federal UIC Class VI program in States not seeking full UIC primary enforcement responsibility approval, pursuant to the SDWA section 1422(c), States shall, by September 6, 2011, submit to the Administrator a new or revised State UIC program complying with \u00a7\u00a7 145.22 or 145.32 of this part. Beginning on September 6, 2011 the requirements of subpart H of part 146 of this chapter will be applicable and enforceable by EPA in each State that has not received approval of a new Class VI program application under section 1422 of the Safe Drinking Water Act or a revision of its UIC program under section 1422 of the Safe Drinking Water Act to incorporate subpart H of part 146. Following September 6, 2011, EPA will publish a list of the States where subpart H of part 146 has become applicable."], ["40:40:25.0.1.1.8.3.45.2", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "C", "Subpart C\u2014State Program Submissions", "", "\u00a7 145.22 Elements of a program submission.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77290, Dec. 10, 2010]", "(a) Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. For Class VI programs, the entire submission can be sent electronically. The submission shall contain the following:\n\n(1) A letter from the Governor of the State requesting program approval;\n\n(2) A complete program description, as required by \u00a7 145.23, describing how the State intends to carry out its responsibilities under this part;\n\n(3) An Attorney General's statement as required by \u00a7 145.24;\n\n(4) A Memorandum of Agreement with the Regional Administrator as required by \u00a7 145.25;\n\n(5) Copies of all applicable State statutes and regulations, including those governing State administrative procedures;\n\n(6) The showing required by \u00a7 145.31(b) of the State's public participation activities prior to program submission.\n\n(b) Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the statutory review period ( i.e. , the period of time allotted for formal EPA review of a proposed State program under the Safe Drinking Water Act) shall be deemed to have begun on the date of receipt of the State's submission. If EPA finds that a State's submission is incomplete, the statutory review period shall not begin until all the necessary information is received by EPA.\n\n(c) If the State's submission is materially changed during the statutory review period, the statutory review period shall begin again upon receipt of the revised submission.\n\n(d) The State and EPA may extend the statutory review period by agreement."], ["40:40:25.0.1.1.8.3.45.3", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "C", "Subpart C\u2014State Program Submissions", "", "\u00a7 145.23 Program description.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 64 FR 68572, Dec. 7, 1999; 75 FR 77290, Dec. 10, 2010]", "Any State that seeks to administer a program under this part shall submit a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact. For Class VI programs, the entire submission can be sent electronically. The program description shall include:\n\n(a) A description in narrative form of the scope, structure, coverage and processes of the State program.\n\n(b) A description (including organization charts) of the organization and structure of the State agency or agencies which will have responsibility for administering the program, including the information listed below. If more than one agency is responsible for administration of a program, each agency must have statewide jurisdiction over a class of activities. The responsibilities of each agency must be delineated, their procedures for coordination set forth, and an agency may be designated as a \u201clead agency\u201d to facilitate communications between EPA and the State agencies having program responsibility. When the State proposes to administer a program of greater scope of coverage than is required by Federal law, the information provided under this paragraph shall indicate the resources dedicated to administering the Federally required portion of the program.\n\n(1) A description of the State agency staff who will carry out the State program, including the number, occupations, and general duties of the employees. The State need not submit complete job descriptions for every employee carrying out the State program.\n\n(2) An itemization of the estimated costs of establishing and administering the program for the first two years after approval, including cost of the personnel listed in paragraph (b)(1) of this section, cost of administrative support, and cost of technical support.\n\n(3) An itemization of the sources and amounts of funding, including an estimate of Federal grant money, available to the State Director for the first two years after approval to meet the costs listed in paragraph (b)(2) of this section, identifying any restrictions or limitations upon this funding.\n\n(c) A description of applicable State procedures, including permitting procedures and any State administrative or judicial review procedures.\n\n(d) Copies of the permit form(s), application form(s), reporting form(s), and manifest format the State intends to employ in its program. Forms used by States need not be identical to the forms used by EPA but should require the same basic information. The State need not provide copies of uniform national forms it intends to use but should note its intention to use such forms. For Class VI programs, submit copies of the current forms in use by the State, if any.\n\n(e) A complete description of the State's compliance tracking and enforcement program.\n\n(f) A State UIC program description shall also include:\n\n(1) A schedule for issuing permits within five years after program approval to all injection wells within the State which are required to have permits under this part and 40 CFR part 144. For Class VI programs, a schedule for issuing permits within two years after program approval;\n\n(2) The priorities (according to criteria set forth in \u00a7 146.9 of this chapter) for issuing permits, including the number of permits in each class of injection well which will be issued each year during the first five years of program operation. For Class VI programs, include the priorities for issuing permits and the number of permits which will be issued during the first two years of program operation;\n\n(3) A description of how the Director will implement the mechanical integrity testing requirements of \u00a7 146.8 of this chapter, or, for Class VI wells, the mechanical integrity testing requirements of \u00a7 146.89 of this chapter, including the frequency of testing that will be required and the number of tests that will be reviewed by the Director each year;\n\n(4) A description of the procedure whereby the Director will notify owners or operators of injection wells of the requirement that they apply for and obtain a permit. The notification required by this paragraph shall require applications to be filed as soon as possible, but not later than four years after program approval for all injection wells requiring a permit. For Class VI programs approved before December 10, 2011, a description of the procedure whereby the Director will notify owners or operators of any Class I wells previously permitted for the purpose of geologic sequestration or Class V experimental technology wells no longer being used for experimental purposes that will continue injection of carbon dioxide for the purpose of GS that they must apply for a Class VI permit pursuant to requirements at \u00a7 146.81(c) within one year of December 10, 2011. For Class VI programs approved following December 10, 2011, a description of the procedure whereby the Director will notify owners or operators of any Class I wells previously permitted for the purpose of geologic sequestration or Class V experimental technology wells no longer being used for experimental purposes that will continue injection of carbon dioxide for the purpose of GS or Class VI wells previously permitted by EPA that they must apply for a Class VI permit pursuant to requirements at \u00a7 146.81(c) within one year of Class VI program approval;\n\n(5) A description of any rule under which the Director proposes to authorize injections, including the text of the rule;\n\n(6) For any existing enhanced recovery and hydrocarbon storage wells which the Director proposes to authorize by rule, a description of the procedure for reviewing the wells for compliance with applicable monitoring, reporting, construction, and financial responsibility requirements of \u00a7\u00a7 144.51 and 144.52, and 40 CFR part 146;\n\n(7) A description of and schedule for the State's program to establish and maintain a current inventory of injection wells which must be permitted under State law;\n\n(8) Where the Director had designated underground sources of drinking water in accordance with \u00a7 144.7(a), a description and identification of all such designated sources in the State;\n\n(9) A description of aquifers, or parts thereof, which the Director has identified under \u00a7 144.7(b) as exempted aquifers, and a summary of supporting data. For Class VI programs only, States must incorporate information related to any EPA approved exemptions expanding the areal extent of existing aquifer exemptions for Class II enhanced oil recovery or enhanced gas recovery wells transitioning to Class VI injection for geologic sequestration pursuant to requirements at \u00a7\u00a7 146.4(d) and 144.7(d), including a summary of supporting data and the specific location of the aquifer exemption expansions. Other than expansions of the areal extent of Class II enhanced oil recovery or enhanced gas recovery well aquifer exemptions for Class VI injection, new aquifer exemptions shall not be issued for Class VI wells or injection activities;\n\n(10) A description of and schedule for the State's program to ban Class IV wells prohibited under \u00a7 144.13; and\n\n(11) A description of and schedule for the State's program to establish an inventory of Class V wells and to assess the need for a program to regulate Class V wells.\n\n(12)  For Class V programs only.  A description of and a schedule for the State's plan to identify and delineate other sensitive ground water areas. States should consider geologic and hydrogeologic settings, ground water flow and occurrence, topographic and geographic features, depth to ground water, significance as a drinking water source, prevailing land use practices and any other existing information relating to the susceptibility of ground water to contamination from Class V injection wells when developing their plan. Within the schedule for the plan, States must commit to: completing all delineations of other sensitive ground water areas by no later than Jan. 1, 2004; making these delineation available to the public; implementing the Class V regulations, effective April 5, 2000, in these delineated areas by no later than January 1, 2007. Alternately, if a State chooses not to identify other sensitive ground water areas, the requirements for motor vehicle waste disposal wells would apply statewide by January 1, 2007.\n\n(13) For Class VI programs, a description of the procedure whereby the Director must notify, in writing, any States, Tribes, and Territories of any permit applications for geologic sequestration of carbon dioxide wherein the area of review crosses State, Tribal, or Territory boundaries, resulting in the need for trans-boundary coordination related to an injection operation."], ["40:40:25.0.1.1.8.3.45.4", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "C", "Subpart C\u2014State Program Submissions", "", "\u00a7 145.24 Attorney General's statement.", "EPA", "", "", "", "(a) Any State that seeks to administer a program under this part shall submit a statement from the State Attorney General (or the attorney for those State or interstate agencies which have independent legal counsel) that the laws of the State, or an interstate compact, provide adequate authority to carry out the program described under \u00a7 145.23 and to meet the requirements of this part. This statement shall include citations to the specific statutes, administrative regulations, and, where appropriate, judicial decisions which demonstrate adequate authority. State statutes and regulations cited by the State Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and regulations at the time the statement is signed and shall be fully effective by the time the program is approved. To qualify as \u201cindependent legal counsel\u201d the attorney signing the statement required by this section must have full authority to independently represent the State agency in court on all matters pertaining to the State program.\n\nEPA will supply States with an Attorney General's statement format on request.\n\n(b) When a State seeks authority over activities on Indian lands, the statement shall contain an appropriate analysis of the State's authority."], ["40:40:25.0.1.1.8.3.45.5", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "C", "Subpart C\u2014State Program Submissions", "", "\u00a7 145.25 Memorandum of Agreement with the Regional Administrator.", "EPA", "", "", "", "(a) Any State that seeks to administer a program under this part shall submit a Memorandum of Agreement. The Memorandum of Agreement shall be executed by the State Director and the Regional Administrator and shall become effective when approved by the Administrator. In addition to meeting the requirements of paragraph (b) of this section, the Memorandum of Agreement may include other terms, conditions, or agreements consistent with this part and relevant to the administration and enforcement of the State's regulatory program. The Administrator shall not approve any Memorandum of Agreement which contains provisions which restrict EPA's statutory oversight responsibility.\n\n(b) The Memorandum of Agreement shall include the following:\n\n(1) Provisions for the prompt transfer from EPA to the State of pending permit applications and any other information relevant to program operation not already in the possession of the State Director (e.g., support files for permit issuance, compliance reports, etc.). When existing permits are transferred from EPA to State for administration, the Memorandum of Agreement shall contain provisions specifying a procedure for transferring the administration of these permits. If a State lacks the authority to directly administer permits issued by the Federal government, a procedure may be established to transfer responsibility for these permits.\n\nFor example, EPA and the State and the permittee could agree that the State would issue a permit(s) identical to the outstanding Federal permit which would simultaneously be terminated.\n\n(2) Provisions specifying classes and categories of permit applications, draft permits, and proposed permits that the State will send to the Regional Administrator for review, comment and, where applicable, objection.\n\n(3) Provisions specifying the frequency and content of reports, documents and other information which the State is required to submit to EPA. The State shall allow EPA to routinely review State records, reports, and files relevant to the administration and enforcement of the approved program. State reports may be combined with grant reports where appropriate.\n\n(4) Provisions on the State's compliance monitoring and enforcement program, including:\n\n(i) Provisions for coordination of compliance monitoring activities by the State and by EPA. These may specify the basis on which the Regional Administrator will select facilities or activities within the State for EPA inspection. The Regional Administrator will normally notify the State at least 7 days before any such inspection; and\n\n(ii) Procedures to assure coordination of enforcement activities.\n\n(5) When appropriate, provisions for joint processing of permits by the State and EPA, for facilities or activities which require permits from both EPA and the State under different programs. See \u00a7 124.4.\n\n(6) Provisions for modification of the Memorandum of Agreement in accordance with this part.\n\n(c) The Memorandum of Agreement, the annual program and grant and the State/EPA Agreement should be consistent. If the State/EPA Agreement indicates that a change is needed in the Memorandum of Agreement, the Memorandum of Agreement may be amended through the procedures set forth in this part. The State/EPA Agreement may not override the Memorandum of Agreement.\n\nDetailed program priorities and specific arrangements for EPA support of the State program will change and are therefore more appropriately negotiated in the context of annual agreements rather than in the MOA. However, it may still be appropriate to specify in the MOA the basis for such detailed agreements, e.g., a provision in the MOA specifying that EPA will select facilities in the State for inspection annually as part of the State/EPA agreement."], ["40:40:25.0.1.1.8.4.45.1", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "D", "Subpart D\u2014Program Approval, Revision and Withdrawal", "", "\u00a7 145.31 Approval process.", "EPA", "", "", "", "(a) Prior to submitting an application to the Administrator for approval of a State UIC program, the State shall issue public notice of its intent to adopt a UIC program and to seek program approval from EPA. This public notice shall:\n\n(1) Be circulated in a manner calculated to attract the attention of interested persons. Circulation of the public notice shall include publication in enough of the largest newspapers in the State to attract Statewide attention and mailing to persons on appropriate State mailing lists and to any other persons whom the agency has reason to believe are interested;\n\n(2) Indicate when and where the State's proposed program submission may be reviewed by the public;\n\n(3) Indicate the cost of obtaining a copy of the submission;\n\n(4) Provide for a comment period of not less than 30 days during which interested persons may comment on the proposed UIC program;\n\n(5) Schedule a public hearing on the State program for no less than 30 days after notice of the hearing is published;\n\n(6) Briefly outline the fundamental aspects of the State UIC program; and\n\n(7) Identify a person that an interested member of the public may contact for further information.\n\n(b) After complying with the requirements of paragraph (a) of this section any State may submit a proposed UIC program under section 1422 of SDWA and \u00a7 145.22 of this part to EPA for approval. Such a submission shall include a showing of compliance with paragraph (a) of this section; copies of all written comments received by the State; a transcript, recording or summary of any public hearing which was held by the State; and a responsiveness summary which identifies the public participation activities conducted, describes the matters presented to the public, summarizes significant comments received, and responds to these comments. A copy of the responsiveness summary shall be sent to those who testified at the hearing, and others upon request.\n\n(c) After determining that a State's submission for UIC program approval is complete the Administrator shall issue public notice of the submission in the  Federal Register  and in accordance with paragraph (a)(1) of this section. Such notice shall:\n\n(1) Indicate that a public hearing will be held by EPA no earlier than 30 days after notice of the hearing. The notice may require persons wishing to present testimony to file a request with the Regional Administrator, who may cancel the public hearing if sufficient public interest in a hearing is not expressed;\n\n(2) Afford the public 30 days after the notice to comment on the State's submission; and\n\n(3) Note the availability of the State submission for inspection and copying by the public.\n\n(d) The Administrator shall approve State programs which conform to the applicable requirements of this part.\n\n(e) Within 90 days of the receipt of a complete submission (as provided in \u00a7 145.22) or material amendment thereto, the Administrator shall by rule either fully approve, disapprove, or approve in part the State's UIC program taking into account any comments submitted. The Administrator shall give notice of this rule in the  Federal Register  and in accordance with paragraph (a)(1) of this section. If the Administrator determines not to approve the State program or to approve it only in part, the notice shall include a concise statement of the reasons for this determination. A responsiveness summary shall be prepared by the Regional Office which identifies the public participation activities conducted, describes the matters presented to the public, summarizes significant comments received, and explains the Agency's response to these comments. The responsiveness summary shall be sent to those who testified at the public hearing, and to others upon request."], ["40:40:25.0.1.1.8.4.45.2", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "D", "Subpart D\u2014Program Approval, Revision and Withdrawal", "", "\u00a7 145.32 Procedures for revision of State programs.", "EPA", "", "", "[48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77291, Dec. 10, 2010]", "(a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The state shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities.\n\n(b) Revision of a State program shall be accomplished as follows:\n\n(1) The State shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances.\n\n(2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the  Federal Register  and in enough of the largest newspapers in the State to provide Statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held is there if significant public interest based on requests received. All requests for expansions to the areal extent of Class II enhanced oil recovery or enhanced gas recovery aquifer exemptions for Class VI wells must be treated as substantial program revisions.\n\n(3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act.\n\n(4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the  Federal Register.  Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee.\n\n(c) States with approved programs shall notify EPA whenever they propose to transfer all or part of any program from the approved State agency to any other State agency, and shall identify any new division of responsibilities among the agencies involved. The new agency is not authorized to administer the program until approval by the Administrator under paragraph (b) of this section. Organizational charts required under \u00a7 145.23(b) shall be revised and resubmitted.\n\n(d) Whenever the Administrator has reason to believe that circumstances have changed with respect to a State program, he may request, and the State shall provide, a supplemental Attorney General's statement, program description, or such other documents or information as are necessary.\n\n(e) The State shall submit the information required under paragraph (b)(1) of this section within 270 days of any amendment to this part or 40 CFR part 144, 146, or 124 which revises or adds any requirement respecting an approved UIC program."], ["40:40:25.0.1.1.8.4.45.3", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "D", "Subpart D\u2014Program Approval, Revision and Withdrawal", "", "\u00a7 145.33 Criteria for withdrawal of State programs.", "EPA", "", "", "", "(a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this part, and the State fails to take corrective action. Such circumstances include the following:\n\n(1) When the State's legal authority no longer meets their requirements of this part, including:\n\n(i) Failure of the State to promulgate or enact new authorities when necessary; or\n\n(ii) Action by a State legislature or court striking down or limiting State authorities.\n\n(2) When the operation of the State program fails to comply with the requirements of this part, including:\n\n(i) Failure to exercise control over activities required to be regulated under this part, including failure to issue permits;\n\n(ii) Repeated issuance of permits which do not conform to the requirements of this part; or\n\n(iii) Failure to comply with the public participation requirements of this part.\n\n(3) When the State's enforcement program fails to comply with the requirements of this part, including:\n\n(i) Failure to act on violations of permits or other program requirements;\n\n(ii) Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or\n\n(iii) Failure to inspect and monitor activities subject to regulation.\n\n(4) When the State program fails to comply with the terms of the Memorandum of Agreement required under \u00a7 145.24."], ["40:40:25.0.1.1.8.4.45.4", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "D", "Subpart D\u2014Program Approval, Revision and Withdrawal", "", "\u00a7 145.34 Procedures for withdrawal of State programs.", "EPA", "", "", "", "(a) A State with a program approved under this part may voluntarily transfer program responsibilities required by Federal law to EPA by taking the following actions, or in such other manner as may be agreed upon with the Administrator.\n\n(1) The State shall give the Administrator 180 days notice of the proposed transfer and shall submit a plan for the orderly transfer of all relevant program information not in the possession of EPA (such as permits, permit files, compliance files, reports, permit applications) which are necessary for EPA to administer the program.\n\n(2) Within 60 days of receiving the notice and transfer plan, the Administrator shall evaluate the State's transfer plan and shall identify any additional information needed by the Federal government for program administration and/or identify any other deficiencies in the plan.\n\n(3) At least 30 days before the transfer is to occur the Administrator shall publish notice of the transfer in the  Federal Register  and in enough of the largest newspapers in the State to provide Statewide coverage, and shall mail notice to all permit holders, permit applicants, other regulated persons and other interested persons on appropriate EPA and State mailing lists.\n\n(b) Approval of a State UIC program may be withdrawn and a Federal program established in its place when the Administrator determines, after holding a public hearing, that the State program is not in compliance with the requirements of SDWA and this part.\n\n(1)  Notice to State of public hearing.  If the Administrator has cause to believe that a State is not administering or enforcing its authorized program in compliance with the requirements of SDWA and this part, he or she shall inform the State by registered mail of the specific areas of alleged noncompliance. If the State demonstrates to the Administrator within 30 days of such notification that the State program is in compliance, the Administrator shall take no further action toward withdrawal and shall so notify the State by registered mail.\n\n(2)  Public hearing.  If the State has not demonstrated its compliance to the satisfaction of the Administrator within 30 days after notification, the Administrator shall inform the State Director and schedule a public hearing to discuss withdrawal of the State program. Notice of such public hearing shall be published in the  Federal Register  and in enough of the largest newspapers in the State to attract statewide attention, and mailed to persons on appropriate State and EPA mailing lists. This hearing shall be convened not less than 60 days nor more than 75 days following the publication of the notice of the hearing. Notice of the hearing shall identify the Administrator's concerns. All interested persons shall be given opportunity to make written or oral presentation on the State's program at the public hearing.\n\n(3)  Notice to State of findings.  When the Administrator finds after the public hearing that the State is not in compliance, he or she shall notify the State by registered mail of the specific deficiencies in the State program and of necessary remedial actions. Within 90 days of receipt of the above letter, the State shall either carry out the required remedial action or the Administrator shall withdraw program approval. If the State carries out the remedial action or, as a result of the hearing is found to be in compliance, the Administrator shall so notify the State by registered mail and conclude the withdrawal proceedings."], ["40:40:25.0.1.1.8.5.45.1", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "E", "Subpart E\u2014Indian Tribes", "", "\u00a7 145.52 Requirements for Tribal eligibility.", "EPA", "", "", "[53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994]", "The Administrator is authorized to treat an Indian Tribe as eligible to apply for primary enforcement responsibility for the Underground Injection Control Program if it meets the following criteria:\n\n(a) The Indian Tribe is recognized by the Secretary of the Interior.\n\n(b) The Indian Tribe has a Tribal governing body which is currently \u201ccarrying out substantial governmental duties and powers\u201d over a defined area, ( i.e.,  is currently performing governmental functions to promote the health, safety, and welfare of the affected population within a defined geographic area).\n\n(c) The Indian Tribe demonstrates that the functions to be performed in regulating the underground injection wells that the applicant intends to regulate are within the area of the Indian Tribal government's jurisdiction.\n\n(d) The Indian Tribe is reasonably expected to be capable, in the Administrator's judgment, of administering (in a manner consistent with the terms and purposes of the Act and all applicable regulations) an effective Underground Injection Control Program."], ["40:40:25.0.1.1.8.5.45.2", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "E", "Subpart E\u2014Indian Tribes", "", "\u00a7 145.56 Request by an Indian Tribe for a determination of eligibility.", "EPA", "", "", "[53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994]", "An Indian Tribe may apply to the Administrator for a determination that it meets the criteria of section 1451 of the Act. The application shall be concise and describe how the Indian Tribe will meet each of the requirements of \u00a7 145.52. The application shall consist of the following:\n\n(a) A statement that the Tribe is recognized by the Secretary of the Interior.\n\n(b) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement should:\n\n(1) Describe the form of the Tribal government;\n\n(2) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population; taxation; and the exercise of the power of eminent domain; and\n\n(3) Identify the sources of the Tribal government's authority to carry out the governmental functions currently being performed.\n\n(c) A map or legal description of the area over which the Indian Tribe asserts jurisdiction; a statement by the Tribal Attorney General (or equivalent official) which describes the basis for the Tribe's jurisdictional assertion (including the nature or subject matter of the asserted jurisdiction); a copy of those documents such as Tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions which the Tribe believes are relevant to its assertions regarding jurisdiction; and a description of the locations of the underground injection wells the Tribe proposes to regulate.\n\n(d) A narrative statement describing the capability of the Indian Tribe to administer an effective Underground Injection Control program which should include:\n\n(1) A description of the Indian Tribe's previous management experience which may include, the administration of programs and services authorized under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450  et seq. ), the Indian Mineral Development Act (25 U.S.C. 2101  et seq. ), or the Indian Sanitation Facilities Construction Activity Act (42 U.S.C. 2004a).\n\n(2) A list of existing environmental or public health programs administered by the Tribal governing body and a copy of related Tribal laws, regulations and policies.\n\n(3) A description of the Indian Tribe's accounting and procurement systems.\n\n(4) A description of the entity (or entities) which exercise the executive, legislative, and judicial functions of the Tribal government.\n\n(5) A description of the existing, or proposed, agency of the Indian Tribe which will assume primary enforcement responsibility, including a description of the relationship between owners/operators of the underground injection wells and the agency.\n\n(6) A description of the technical and administrative capabilities of the staff to administer and manage an effective Underground Injection Control Program or a plan which proposes how the Tribe will acquire additional administrative and/or technical expertise. The plan must address how the Tribe will obtain the funds to acquire the additional administrative and technical expertise.\n\n(e) The Adminstrator may, in his discretion, request further documentation necessary to support a Tribe's eligibility.\n\n(f) If the Administrator has previously determined that a Tribe has met the prerequisites that make it eligible to assume a role similar to that of a State as provided by statute under the Safe Drinking Water Act, the Clean Water Act, or the Clean Air Act, then that Tribe need provide only that information unique to the Underground Injection Control program (\u00a7 145.76(c) and (d)(6))."], ["40:40:25.0.1.1.8.5.45.3", 40, "Protection of Environment", "I", "D", "145", "PART 145\u2014STATE UIC PROGRAM REQUIREMENTS", "E", "Subpart E\u2014Indian Tribes", "", "\u00a7 145.58 Procedure for processing an Indian Tribe's application.", "EPA", "", "", "[53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994]", "(a) The Administrator shall process a completed application of an Indian Tribe in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application.\n\n(b) A tribe that meets the requirements of \u00a7 145.52 is eligible to apply for development grants and primary enforcement responsibility for an Underground Injection Control program and the associated funding under section 1443(b) of the Act and primary enforcement responsibility for the Underground Injection Control Program under sections 1422 and/or 1425 of the Act."], ["9:9:1.0.1.7.62.1.83.1", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.1 Definitions.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979]", "Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. Except where the context otherwise requires, for the purposes of this part the following terms shall be construed, respectively, to mean:\n\nAdministrator.  The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.\n\nAffiliated flockowner.  A flockowner who is participating in the Plan through an agreement with a participating hatchery.\n\nAnimal and Plant Health Inspection Service.  The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.\n\nAuthorized agent.  Any person designated under \u00a7 145.11(a) to collect official samples for submission to an authorized laboratory in accordance with part 147 of this subchapter.\n\nAuthorized laboratory.  An authorized laboratory is a laboratory that meets the requirements of \u00a7 147.52 and is thus qualified to perform assays in accordance with part 147 of this subchapter.\n\nAuthorized testing agent.  Any person designated under \u00a7 145.11(a) to collect official samples for submission to an authorized laboratory in accordance with part 147 of this subchapter and to perform the stained antigen, rapid whole blood test for pullorum typhoid.\n\nAvian influenza.  Avian influenza is defined as an infection of poultry caused by any influenza A virus of the H5 or H7 subtypes or by any influenza A virus with an intravenous pathogenicity index (IVPI) greater than 1.2 (or as an alternative at least 75 percent mortality).\n\nBaby poultry.  Newly hatched poultry (chicks, poults, ducklings, goslings, keets, etc.).\n\nColon bacilli.  For the purpose of this chapter, those organisms which are gram negative, non spore-forming bacilli, which ferment lactose with gas formation, and serve as an index of fecal contamination.\n\nDealer.  An individual or business that deals in commerce in hatching eggs, newly-hatched poultry, and started poultry obtained from breeding flocks and hatcheries. This does not include an individual or business that deals in commerce in buying and selling poultry for slaughter only.\n\nDepartment.  The U.S. Department of Agriculture.\n\nDomesticated.  Propagated and maintained under the control of a person.\n\nEquivalent or equivalent requirements.  Requirements which are equal to or exceed the program, conditions, criteria, or classifications with which they are compared, as determined by the Official State Agency and with the concurrence of the Service.\n\nExposed (Exposure).  Contact with birds, equipment, personnel, supplies, or any article infected with, or contaminated by, communicable poultry disease organisms.\n\nFlock \u2014(1)  As applied to breeding.  All poultry of one kind of mating (breed and variety or combination of stocks) and of one classification on one farm;\n\n(2)  As applied to disease control.  All of the poultry on one farm except that, at the discretion of the Official State Agency, any group of poultry which is segregated from another group and has been so segregated for a period of at least 21 days may be considered as a separate flock.\n\nFluff sample.  Feathers, shell membrane, and other debris resulting from the hatching of poultry.\n\nFowl typhoid or typhoid.  A disease of poultry caused by  Salmonella enterica  subspecies  enterica  serovar Gallinarum biovar Gallinarum ( Salmonella  Gallinarum).\n\nFranchise breeder.  A breeder who normally sells products under a specific strain or trade name and who authorizes other hatcheries to produce and sell products under this same strain or trade name.\n\nFranchise hatchery.  A hatchery which has been authorized by a franchise breeder to produce and sell products under the breeder's strain or trade name.\n\nH5/H7 low pathogenic avian influenza (LPAI).  An infection of poultry caused by an influenza A virus of H5 or H7 subtype that has an intravenous pathogenicity index in 6-week-old chickens less than or equal to 1.2 or causes less than 75 percent mortality in 4- to 8-week-old chickens infected intravenously, or an infection with influenza A viruses of H5 or H7 subtype with a cleavage site that is not consistent with a previously identified highly pathogenic avian influenza virus.\n\nHatchery.  Hatchery equipment on one premises operated or controlled by any person for the production of baby poultry and/or embryonated eggs.\n\nIndependent flock.  A flock that produces hatching eggs and that has no ownership affiliation with a specific hatchery.\n\nInfected flock.  A flock in which an authorized laboratory has discovered one or more birds infected with a communicable poultry disease for which a program has been established under the Plan.\n\nMidlay.  Approximately 2-3 months after a flock begins to lay or after a molted flock is put back into production.\n\nMultiplier breeding flock.  A flock that is intended for the production of fertile eggs used for the purpose of producing progeny for commercial egg or meat production or for other nonbreeding purposes.\n\nNewcastle disease.  Newcastle disease (ND) is defined as an infection of poultry caused by Newcastle disease virus (NDV), which is an avian paramyxovirus serotype 1 (APMV-1) that meets one of the following criteria for virulence:\n\n(1) The virus has an intracerebral pathogenicity index (ICPI) in day-old chicks (Gallusgallus) of 0.7 or greater; or\n\n(2) Multiple basic amino acids have been demonstrated in the virus (either directly or by deduction) at the C-terminus of the F2 protein and phenylalanine at residue 117, which is the N-terminus of the F1 protein. The term 'multiple basic amino acids' refers to at least three arginine or lysine residues between residues 113 and 116. Failure to demonstrate the characteristic pattern of amino acid residues as described in the preceding sentences would require characterization of the isolated virus by an ICPI test.\n\nNPIP Program Standards.  A document that contains tests and sanitation procedures approved by the Administrator in accordance with \u00a7 147.53 of this subchapter for use under this subchapter. This document may be obtained from the National Poultry Improvement Plan (NPIP) website at  http://www.poultryimprovement.org/  or by writing to the Service at National Poultry Improvement Plan, APHIS, USDA, 1506 Klondike Road, Suite 101, Conyers, GA 30094.\n\nNPIP Technical Committee.  A committee made up of technical experts on poultry health, biosecurity, surveillance, and diagnostics. The committee consists of representatives from the poultry and egg industries, universities, and State and Federal governments and is appointed by the Senior Coordinator and approved by the General Conference Committee. The NPIP Technical Committee is divided into three subcommittees (Mycoplasma, Salmonella, and Avian Influenza). NPIP Technical Committee Members may serve on one, two, or all three subcommittees. The committee will evaluate proposed changes to the Provisions and Program Standards of the Plan which include, but are not limited to, tests and sanitation procedures, and provide recommendations to the Delegates of the National Plan Conference as to whether they are scientifically or technically sound.\n\nOfficial State Agency.  The State authority recognized by the Department to cooperate in the administration of the Plan.\n\nOfficial supervision \u2014(1)  As applied to Plan programs.  The direction, inspection, and critical evaluation by the Official State Agency of compliance with the provisions of the Plan;\n\n(2)  As applied to non-Plan but equivalent State poultry improvement programs.  The direction, inspection, and critical evaluation by an officer or agency of a State government, of compliance with a publicly announced State poultry improvement program.\n\nPerson.  A natural person, firm, or corporation.\n\nPlan.  The provisions of the National Poultry Improvement Plan contained in this part.\n\nPoultry.  Domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat.\n\nPrimary breeding flock.  A flock composed of one or more generations that is maintained for the purpose of establishing, continuing, or improving parent lines.\n\nProducts.  Poultry breeding stock and hatching eggs, baby poultry, and started poultry.\n\nProgram.  Management, sanitation, testing, and monitoring procedures which, if complied with, will qualify, and maintain qualification for, designation of a flock, products produced from the flock, or a state by an official Plan classification and illustrative design, as described in \u00a7 145.10 of this part.\n\nPublic exhibition.  A public show of poultry.\n\nPullorum disease or pullorum.  A disease of poultry caused by  Salmonella enterica  subspecies  enterica  serovar Gallinarum biovar Pullorum ( Salmonella  Pullorum).\n\nReactor.  A bird that has a positive reaction to a test, required or recommended in this part or in accordance with part 147 of this subchapter, for any poultry disease for which a program has been established under the Plan. A reactor is considered suspect until additional confirmatory testing has been conducted by an authorized laboratory or Federal Reference Laboratory as outlined in \u00a7 145.14.\n\nSalmonella.  Any bacteria belonging to the genus Salmonella, including the arizona group.\n\nSalmonella Enteritidis.  A bacteria found in poultry caused by  Salmonella enterica  subspecies  enterica  serovar Enteritidis (Salmonella Enteritidis).\n\nSanitize.  To treat with a product which is registered by the Environmental Protection Agency as germicidal, fungicidal, pseudomonocidal, or tuberculocidal, in accordance with the specifications for use as shown on the label of each product. The Official State Agency, with the concurrence of the Service, shall approve each product or procedure according to its specified usage.\n\nSenior Coordinator.  An employee of the Service whose duties may include, but will not necessarily be limited to:\n\n(1) Serving as executive secretary of the General Conference Committee;\n\n(2) Serving as chairperson of the Plan Conference described in \u00a7 147.47;\n\n(3) Planning, organizing, and conducting the Plan Conference;\n\n(4) Reviewing NPIP authorized laboratories as described in \u00a7 147.52;\n\n(5) Coordinating the State administration of the NPIP through periodic reviews of the administrative procedures of the Official State Agencies, according to the applicable provisions of the Plan and the Memorandum of Understanding;\n\n(6) Coordinating rulemaking to incorporate the proposed changes of the provisions approved at the Plan conference into the regulations in parts 145, 146, and 147 of this subchapter;\n\n(7) Directing the production of official NPIP publications;\n\n(8) Proposing an annual budget for plan activities and the General Conference Committee; and\n\n(9) Providing overall administration of the NPIP.\n\nService.  The Animal and Plant Health Inspection Service, Veterinary Services, of the Department.\n\nSerial.  The total quantity of completed product which has been thoroughly mixed in a single container and identified by a serial number.\n\nSexual maturity.  The average age at which a species of poultry is biologically capable of reproduction.\n\nStarted poultry.  Young poultry (chicks, pullets, cockerels, capons, poults, ducklings, goslings, keets, etc.) that have been fed and watered and are less than 6 months of age.\n\nState.  Any State, the District of Columbia, or Puerto Rico.\n\nState Inspector.  Any person employed or authorized under \u00a7 145.11(b) to perform functions under this part.\n\nStock.  A term used to identify the progeny of a specific breeding combination within a species of poultry. These breeding combinations may include pure strains, strain crosses, breed crosses, or combinations thereof.\n\nStrain.  Poultry breeding stock bearing a given name produced by a breeder through at least five generations of closed flock breeding.\n\nSucceeding flock.  A flock brought onto a premises during the 12 months following removal of an infected flock.\n\nSuspect flock.  A flock shall be considered, for the purposes of the Plan, to be a suspect flock if any evidence exists that it has been exposed to a communicable poultry disease.\n\nTrade name or number.  A name or number compatible with State and Federal laws and regulations applied to a specified stock or product thereof."], ["9:9:1.0.1.7.62.1.83.10", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.10 Terminology and classification; flocks, products, and States.", "APHIS", "", "", "[38 FR 13706, May 24, 1973. Redesignated at 44 FR 61586, Oct. 26, 1979]", "Participating flocks, products produced from them, and States that have met the requirements of a classification in this part may be designated by the corresponding illustrative design in this section.\n\n(a) [Reserved]\n\n(b)  U.S. Pullorum-Typhoid Clean.  (See \u00a7 145.23(b), \u00a7 145.33(b), \u00a7 145.43(b), \u00a7\u00a7 145.53(b), 145.63(a), 145.73(b), 145.83(b), 145.93(b), and 145.103(b).)\n\n(c)  U.S. M. Gallisepticum Clean.  (See \u00a7\u00a7 145.23(c), 145.23(f), 145.33(c), 145.33(f), 145.43(c), 145.53(c), 145.73(c), and 145.83(c).)\n\n(d)  U.S. Sanitation Monitored.  (See \u00a7 145.33(d).)\n\n(e)  U.S. M. Synoviae Clean.  (See \u00a7 145.23(e), \u00a7 145.23(g), \u00a7 145.33(e), \u00a7 145.33(g), \u00a7 145.43(e), and \u00a7 145.53(d)).\n\n(f)  U.S. M. Meleagridis Clean \u2014(See \u00a7 145.43(d)).\n\n(g)  U.S. Pullorum-Typhoid Clean State.  (See \u00a7\u00a7 145.24(a), 145.34(a), 145.44(a), 145.54(a), 145.94(a), and 145.104(a).)\n\n(h)  U.S. Pullorum-Typhoid Clean State, Turkeys.  (See \u00a7 145.44(b).)\n\n(i)  U.S.M. Gallisepticum Clean State, Turkeys.  (See \u00a7 145.44(c).)\n\n(j)  U.S. M. Gallisepticum Clean State, Meat-Type Chickens.  (See \u00a7 145.34(b).)\n\n(k)  U.S. Sanitation Monitored, Turkeys.  (See \u00a7 145.43(f).)\n\n(l) [Reserved]\n\n(m)  U.S. S. Enteritidis Clean.  (See \u00a7\u00a7 145.23(d), 145.73(d), and 145.83(e).)\n\n(n)  U.S. M. Synoviae Clean State, Turkeys.  (See \u00a7 145.44(d).)\n\n(o)  U.S. Salmonella Monitored.  (See \u00a7\u00a7 145.53(f), 145.73(g), 145.83(f), 145.93(d), and 145.103(d).)\n\n(p)  U.S. M. Gallisepticum Monitored.  (See \u00a7 145.33(j).)\n\n(q)  U.S. M. Synoviae Monitored.  (See \u00a7 145.33(k).)\n\n(r)  U.S. Avian Influenza Clean.  (See \u00a7\u00a7 145.23(h), 145.33(l), 145.63(b), 145.73(f), and 145.83(g).)\n\n(s)  U.S. M. Meleagridis Clean State, Turkeys.  (See \u00a7 145.44(e).)\n\n(t)  U.S. H5/H7 Avian Influenza Clean.  (See \u00a7\u00a7 145.43(g), 145.53(e), 145.93(c), and 145.103(c).)\n\n(u)  U.S. Newcastle Clean.  (See \u00a7\u00a7 145.43(h), 145.73(h), and 145.83(h).)\n\n(v)  U.S. Avian Influenza Clean Compartment.  (See \u00a7\u00a7 145.45, 145.74, and 145.84.)\n\n(w) U.S. Newcastle Disease Clean Compartment. (See \u00a7\u00a7 145.45, 145.74, and 145.84.)"], ["9:9:1.0.1.7.62.1.83.11", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.11 Supervision.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971, as amended at 38 FR 13706, May 24, 1973; 41 FR 48723, Nov. 5, 1976. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 72 FR 1418, Jan. 12, 2007]", "(a) The Official State Agency may designate qualified persons as Authorized Agents to do the sample collecting provided for in \u00a7 145.14 and may designate qualified persons as Authorized Testing Agents to do the sample collecting and blood testing provided for in \u00a7 145.14.\n\n(b) The Official State Agency shall employ or authorize qualified persons as State Inspectors to perform the qualification testing of participating flocks, and to perform the official inspections necessary to verify compliance with the requirements of the Plan.\n\n(c) Authorities issued under the provisions of this section shall be subject to cancellation by the official State agency on the grounds of incompetence or failure to comply with the provisions of the Plan or regulations of the official State agency. Such actions shall not be taken until a thorough investigation has been made by the official State agency and the authorized person has been given notice of the proposed action and the basis therefor and an opportunity to present his views."], ["9:9:1.0.1.7.62.1.83.12", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.12 Inspections.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971, as amended at 40 FR 1501, Jan. 8, 1975. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 54 FR 23955, June 5, 1989; 59 FR 12798, Mar. 18, 1994; 72 FR 1418, Jan. 12, 2007; 81 FR 53249, Aug. 12, 2016]", "(a) Each participating hatchery shall be audited at least one time annually or a sufficient number of times each year to satisfy the Official State Agency that the operations of the hatchery are in compliance with the provisions of the Plan.\n\n(b) The records of all flocks maintained primarily for production of hatching eggs shall be made available to and examined annually by a State Inspector. Records shall include VS Form 9-2, \u201cFlock Selecting and Testing Report\u201d; VS Form 9-3, \u201cReport of Sales of Hatching Eggs, Chicks, and Poults\u201d; set and hatch records; egg receipts; and egg/chick orders or invoices. Records shall be maintained for 3 years. On-site inspections of flocks and premises will be conducted if the State Inspector determines that a breach of sanitation, blood testing, or other provisions has occurred for Plan programs for which the flocks have or are being qualified."], ["9:9:1.0.1.7.62.1.83.13", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.13 Debarment from participation.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971, as amended at 38 FR 3038, Feb. 1, 1973. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 47 FR 21991, May 20, 1982; 67 FR 8468, Feb. 25, 2002]", "Participants in the Plan, who after investigation by the Official State Agency or its representative, are notified in writing of their apparent noncompliance with the Plan provisions or regulations of the Official State Agency, shall be afforded a reasonable time, as specified by the Official State Agency, within which to demonstrate or achieve compliance. If compliance is not demonstrated or achieved within the specified time, the Official State Agency may debar the participant from further participation in the Plan for such period, or indefinitely, as the Agency may deem appropriate. The debarred participant shall be afforded notice of the bases for the debarment and opportunity to present his views with respect to the debarment in accordance with procedures adopted by the Official State Agency. The Official State Agency shall thereupon decide whether the debarment order shall continue in effect. Such decision shall be final unless the debarred participant, within 30 days after the issuance of the debarment order, requests the Administrator to determine the eligibility of the debarred participant for participation in the Plan. In such event the Administrator shall determine the matter de novo in accordance with the rules of practice in 7 CFR part 50, which are hereby made applicable to proceedings before the Administrator under this section. The definitions in 7 CFR 50.10 and the following definitions shall apply with respect to terms used in such rules of practice:\n\n(a)  Administrator  means the Administrator, Animal and Plant Health Inspection Service of the U.S. Department of Agriculture or any officer or employee to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead."], ["9:9:1.0.1.7.62.1.83.14", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.14 Testing.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971]", "Poultry must be more than 4 months of age when tested for an official classification with the following exceptions: Turkey candidates under subpart D of this part may be tested at more than 12 weeks of age; game bird candidates under subpart E or subpart J of this part may be tested when more than 4 months of age or upon reaching sexual maturity, whichever comes first; and ostrich, emu, rhea, and cassowary candidates under subpart F of this part may be tested when more than 12 months of age. Samples for official tests shall be collected by an Authorized Agent, Authorized Testing Agent, or State Inspector and tested by an authorized laboratory, except that the stained antigen, rapid whole-blood test for pullorum-typhoid may be conducted by an Authorized Testing Agent or State Inspector. Testing must be conducted as specified within the Subpart Plan program, with at least 1 bird tested from each pen and unit in the house and a minimum of 30 birds tested per house. The ratio of samples collected from male and female birds must be representative of birds throughout the house and flock. In houses containing fewer than 30 birds other than ostriches, emus, rheas, and cassowaries, all birds in the house must be tested, unless otherwise specified within the Plan program.\n\n(a)  For Pullorum-Typhoid.  (1) The official blood tests for pullorum-typhoid shall be the standard tube agglutination test, the microagglutination test, the enzyme-linked immunosorbent assay test (ELISA), or the rapid serum test for all poultry; and the stained antigen, rapid whole-blood test for all poultry except turkeys. Official blood tests must be conducted in accordance with part 147 of this subchapter (within the Program Standards document, Program Standard A applies to blood testing; alternatives to the program standards may also be approved by the Administrator under \u00a7 145.73 of this chapter) or according to literature provided by the producer. Only antigens approved by the Department and of the polyvalent type shall be used for the rapid whole-blood and tube agglutination tests. Each serial of tube antigen shall be submitted by the antigen producer to the Department for approval upon manufacture and once a year thereafter as long as antigen from that serial continues to be made available for use. All microtest antigens and enzyme-linked immunosorbent assay reagents shall also be approved by the Department. \n 1\n\n1  The criteria and procedures for Department approval of antigens and reagents may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, Center for Veterinary Biologics, 510 South 17th Street, Suite 104, Ames, IA 50010-8197.\n\n(2) [Reserved]\n\n(3) There shall be an interval of at least 21 days between any official blood test and any previous test with pullorum-typhoid antigen.\n\n(4) [Reserved]\n\n(5) The official blood test shall include the testing of a sample of blood from each bird in the flock: Provided, That under specified conditions (see applicable provisions of \u00a7\u00a7 145.23, 145.33, 145.43, 145.53, 145.63, 145.73, 145.83, 145.93, and 145.103) the testing of a portion or sample of the birds may be used in lieu of testing each bird.\n\n(6) Poultry from flocks undergoing qualification testing for participation in the Plan that have a positive reaction to an official blood test named in paragraph (a)(1) of this section shall be evaluated for pullorum-typhoid as follows:\n\n(i) Serum samples that react on rapid serum test or enzyme-labeled immunosorbent assay test (ELISA), or blood from birds that react on the stained antigen, rapid whole-blood test for all birds except turkeys, shall be tested with either the standard tube agglutination test or the microagglutination test.\n\n(ii) Reactors to the standard tube agglutination test (in dilutions of 1:50 or greater) or the microagglutination test (in dilutions of 1:40 or greater) shall be submitted to an authorized laboratory for bacteriological examination. If there are more than four reactors in a flock, a minimum of four reactors shall be submitted to the authorized laboratory; if the flock has four or fewer reactors, all of the reactors must be submitted. Bacteriological examination must be conducted in accordance with part 147 of this subchapter (within the Program Standards document, Program Standard B addresses bacteriological examination procedures; alternatives to the program standards may also be approved by the Administrator under \u00a7 145.73). When reactors are submitted to the authorized laboratory within 10 days of the date of reading an official blood test named in paragraph (a)(6)(i) of this section, and the bacteriological examination fails to demonstrate pullorum-typhoid infection, the Official State Agency shall presume that the flock is determined not to be infected with  Salmonella  Pullorum or  Salmonella  Gallinarum.\n\n(iii) If a flock owner does not wish to submit reactors for bacteriological examination, then the reactors shall be isolated and retested within 30 days using an official blood test named in paragraph (a)(1) of this section. If this retest is positive, additional examination of the reactors and flock will be performed in accordance with paragraph (a)(6)(ii) of this section. During this 30-day period, the flock must be maintained under a security system, specified or approved by the Official State Agency, that will prevent physical contact with other birds and assure that personnel, equipment, and supplies that could be a source of pullorum-typhoid spread are sanitized.\n\n(7) When  Salmonella  Pullorum or  Salmonella  Gallinarum organisms are isolated by an authorized laboratory from baby poultry, or from fluff samples produced by hatching eggs, the infected flock shall qualify for participation in the Plan with two consecutive negative results to an official blood test named in paragraph (a)(1) of this section. A succeeding flock must be qualified for participation in the Plan's pullorum-typhoid program with a negative result to an official blood test named in paragraph (a)(1) of this section. Testing to qualify flocks for Plan participation must include the testing of all birds in infected flocks and succeeding flocks for a 12-month period, and shall be performed or physically supervised by a State Inspector; Provided, That at the discretion of the Official State Agency, a sample of at least 500 birds, rather than all birds in the flock, may be tested by the State Inspector if it is agreed upon by the Official State Agency, the flockowner, and the Administrator. If the State Inspector determines that a primary breeding flock has been exposed to  Salmonella  Pullorum or  Salmonella  Gallinarum, \n 2  the Official State Agency shall require:\n\n2  In making determinations of exposure, the State Inspector shall evaluate both evidence proving that exposure occurred and circumstances indicating a high probability of contacts with: infected wild birds; contaminated feed or waste; or birds, equipment, supplies, or persons from or exposed to flocks infected with  Salmonella  Pullorum or  Salmonella  Gallinarum.\n\n(i) The taking of blood samples\u2014performed by or in the presence of a State Inspector\u2014from all birds on premises exposed to birds, equipment, supplies, or personnel from the primary breeding flock during the period when the State Inspector determined that exposure to  Salmonella  Pullorum or  Salmonella  Gallinarum occurred. \n 2\n\n(ii) The banding of all birds of these premises\u2014performed or physically supervised by a State Inspector\u2014in order to identify any bird that tests positive; and\n\n(iii) The testing of blood samples at an authorized laboratory using an official blood test named in paragraph (a)(1) of this section.\n\n(8) All domesticated fowl, except waterfowl, on the farm of the participant shall either be properly tested to meet the same standards as the participating flock or these birds and their eggs shall be separated from the participating flock and its eggs.\n\n(9) All tests for pullorum-typhoid in flocks participating in or candidates for participation in the Plan shall be reported to the Official State Agency within 10 days following the completion of such tests. All reactors shall be considered in determining the classification of the flock.\n\n(10) Any drug, for which there is scientific evidence of masking the test reaction or hindering the bacteriological recovery of Salmonella organisms, shall not be fed or administered to poultry within 3 weeks prior to a test or bacteriological examination upon which a Salmonella classification is based.\n\n(11) When suitable evidence, as determined by the Official State Agency or the State Animal Disease Control Official, indicates that baby or started poultry produced by participating hatcheries are infected with organisms for which the parent flock received an official control classification and this evidence indicates that the infection was transmitted from the parent flock, the Official State Agency may, at its discretion, require additional testing of the flock involved. If infection is found in the parent flock, its classification shall be suspended until the flock is requalified under the requirements for the classification. Furthermore, the Official State Agency may require that the hatching eggs from such flocks be removed from the incubator and destroyed prior to hatching. When Salmonella organisms are isolated from a specimen which originated in a participating hatchery, the Official State Agency shall attempt to locate the source of the infection. The results of the investigation and the action taken to eliminate the infection shall be reported by the Official State Agency to the Service.\n\n(b)  For Mycoplasma gallisepticum, M. meleagridis, and M. synoviae.  (1) The official tests for  M. gallisepticum, M. meleagridis,  and  M. synoviae  shall be the serum plate agglutination test, the hemagglutination inhibition (HI) test, the enzyme-linked immunosorbent assay (ELISA) test,\n 3 \n   or a molecular based test. The HI test or molecular based test shall be used to confirm the positive results of other serological screening tests. HI titers of 1:40 or more may be interpreted as suspicious, and final judgment must be based on further samplings and/or culture of reactors. Tests must be conducted in accordance with this paragraph (b) and in accordance with part 147 of this subchapter.\n\n3  Procedures for the enzyme-linked immunosorbent assay (ELISA) test are set forth in the following publications:\n\nA.A. Ansari, R.F. Taylor, T.S. Chang, \u201cApplication of Enzyme-Linked Immunosorbent Assay for Detecting Antibody to Mycoplasma gallisepticum Infections in Poultry,\u201d  Avian Diseases,  Vol. 27, No. 1, pp. 21-35, January-March 1983; and\n\nH.M. Opitz, J.B. Duplessis, and M.J. Cyr, \u201cIndirect Micro-Enzyme-Linked Immunosorbent Assay for the Detection of Antibodies to Mycoplasma synoviae and M. gallisepticum,\u201d  Avian Diseases,  Vol. 27, No. 3, pp. 773-786, July-September 1983; and\n\nH.B. Ortmayer and R. Yamamoto, \u201cMycoplasma Meleagridis Antibody Detection by Enzyme-Linked Immunosorbent Assay (ELISA),\u201d  Proceedings, 30th Western Poultry Disease Conference,  pp. 63-66, March 1981.\n\n(2) The serological tests shall be conducted using  M. gallisepticum ,  M. meleagridis,  or  M. synoviae  antigens approved by the Department or the Official State Agency and shall be performed in accordance with the recommendations of the producer of the antigen.\n\n(3) When reactors to the test for which the flock was tested are submitted to a laboratory as prescribed by the Official State Agency, the final status of the flock will be determined in accordance with part 147 of this subchapter.\n\n(4) Any drug, for which there is scientific evidence of masking the test reaction or hindering the bacteriological recovery of mycoplasma organisms, shall not be fed or administered to poultry within three weeks prior to a test or bacteriological examination upon which a Mycoplasma classification is based.\n\n(5) The official molecular examination procedures for  M. gallisepticum  are the PCR test described in \u00a7 147.30 of this subchapter and the real-time PCR test described in \u00a7 147.31 of this subchapter. The official molecular examination procedure for  M. synoviae  is the PCR test described in \u00a7 147.30 of this subchapter.\n\n(c) [Reserved]\n\n(d)  For avian influenza.  The official tests for avian influenza are described in paragraphs (d)(1) and (d)(2) of this section.\n\n(1)  Antibody detection tests \u2014(i)  Enzyme-linked immunosorbent assay (ELISA) test.  (A) The ELISA test must be conducted using test kits approved by the Department and the Official State Agency and must be conducted in accordance with the recommendations of the producer or manufacturer.\n\n(B) When positive ELISA samples are identified, an AGID test must be conducted within 48 hours.\n\n(ii)  Agar gel immunodiffusion (AGID) test.  (A) The AGID test must be conducted using reagents approved by the Department and the Official State Agency.\n\n(B) The AGID test for avian influenza must be conducted in accordance with this section (within the NPIP Program Standards document, Program Standard A applies to blood and yolk testing procedures; alternatives to the program standards may also be approved by the Administrator under \u00a7 147.53 of this subchapter) for the avian influenza agar gel immunodiffusion (AGID) test. The test can be conducted on egg yolk or blood samples. The AGID test is not recommended for use in waterfowl.\n\n(C) Positive tests for the AGID must be further tested by Federal Reference Laboratories using appropriate tests for confirmation. Final judgment may be based upon further sampling and appropriate tests for confirmation.\n\n(2)  Agent detection tests.  Agent detection tests may be used to detect influenza A virus but not to determine hemagglutinin or neuraminidase subtypes. Samples for agent detection testing should be collected from naturally occurring flock mortality or clinically ill birds.\n\n(i)  The real time reverse transcriptase/polymerase chain reaction (RRT-PCR) assay.  (A) The RRT-PCR tests must be conducted using reagents approved by the Department and the Official State Agency. The RRT-PCR must be conducted using the National Veterinary Services Laboratories (NVSL) official protocol for RRT-PCR or a test kit licensed by the Department and approved by the Official State Agency and the State Animal Health Official, and must be conducted by personnel who have passed an NVSL proficiency test. For non-National Animal Health Laboratory Network (NAHLN) authorized laboratories:\n\n( 1 ) RRT-PCR testing may be used by primary breeder company authorized laboratories.\n\n( 2 ) RRT-PCR testing can only be performed on their own breeding flocks and only used for routine surveillance.\n\n( 3 ) The authorized laboratory must have a quality system that is accredited as ISO/IEC 17025 or equivalent to perform the avian influenza RRT-PCR assay.\n\n( 4 ) The use of the RRT-PCR test by the authorized laboratory must be approved in the memorandum of understanding (MOU) between the authorized laboratory, the Official State Agency, and the State Animal Health Official(s) of both the location of the authorized laboratory and the location where the breeding flocks reside.\n\n( 5 ) Split samples for testing must occur between the authorized laboratory and a NAHLN laboratory at a frequency designated in the MOU.\n\n(B) Positive results from the RRT-PCR must be further tested by Federal Reference Laboratories using appropriate tests for confirmation. Final judgment may be based upon further sampling and appropriate tests for confirmation.\n\n(ii)  USDA-licensed type A influenza antigen capture immunoassay (ACIA).  (A) The USDA-licensed type A influenza ACIA must be conducted using test kits approved by the Department and the Official State Agency and must be conducted in accordance with the recommendations of the producer or manufacturer.\n\n(B) Chicken and turkey flocks that test positive on the ACIA must be further tested using the RRT-PCR or virus isolation. Positive results from the RRT-PCR or virus isolation must be further tested by Federal Reference Laboratories using appropriate tests for confirmation. Final judgment may be based upon further sampling and appropriate tests for confirmation.\n\n(3) The official determination of a flock as positive for the H5 or H7 subtypes of avian influenza may be made only by NVSL.\n\n(e)  For Newcastle Disease (ND).  The official tests for ND are serological tests for antibody detection or molecular-based tests for antigen detection."], ["9:9:1.0.1.7.62.1.83.15", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.15 Diagnostic surveillance program for low pathogenic avian influenza.", "APHIS", "", "", "[74 FR 14715, Apr. 1, 2009]", "(a) The Official State Agency must develop a diagnostic surveillance program for H5/H7 low pathogenic avian influenza for all poultry in the State. The exact provisions of the program are at the discretion of the States. The Service will use the standards in paragraph (b) of this section in assessing individual State plans for adequacy, including the specific provisions that the State developed. The standards should be used by States in developing those plans.\n\n(b) Avian influenza must be a disease reportable to the responsible State authority (State veterinarian, etc.) by all licensed veterinarians. To accomplish this, all laboratories (private, State, and university laboratories) that perform diagnostic procedures on poultry must examine all submitted cases of unexplained respiratory disease, egg production drops, and mortality for avian influenza by both an approved serological test and an approved antigen detection test. Memoranda of understanding or other means must be used to establish testing and reporting criteria (including criteria that provide for reporting H5 and H7 low pathogenic avian influenza directly to the Service) and approved testing methods. In addition, States should conduct outreach to poultry producers, especially owners of smaller flocks, regarding the importance of prompt reporting of clinical symptoms consistent with avian influenza."], ["9:9:1.0.1.7.62.1.83.2", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.2 Administration.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 48 FR 57473, Dec. 30, 1983; 67 FR 8468, Feb. 25, 2002; 74 FR 14714, Apr. 1, 2009; 79 FR 38754, July 9, 2014; 81 FR 53249, Aug. 12, 2016; 90 FR 46745, Sept. 30, 2025]", "(a) The Department cooperates through a Memorandum of Understanding with Official State Agencies in the administration of the Plan. In the Memorandum of Understanding, the Official State Agency must designate a contact representative to serve as a liaison between the Service and the Official State Agency.\n\n(b) The administrative procedures and decisions of the Official State Agency are subject to review by the Service. The Official State Agency shall carry out the administration of the Plan within the State according to the applicable provisions of the Plan and the Memorandum of Understanding.\n\n(c) An Official State Agency may accept for participation an affiliated flock located in another State under a mutual understanding and agreement, in writing, between the two Official State Agencies regarding conditions of participation and supervision.\n\n(d) The Official State Agency of any State may, except as limited by \u00a7 145.3(f), adopt regulations applicable to the administration of the Plan in such State further defining the provisions of the Plan or establishing higher standards compatible with the Plan.\n\n(e) An authorized laboratory of the National Poultry Improvement Plan will conduct tests in accordance with part 147 of this subchapter when determining the status of a participating flock with respect to an official Plan classification."], ["9:9:1.0.1.7.62.1.83.3", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.3 Participation.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971, as amended at 40 FR 1500, Jan. 8, 1975. Redesignated at 44 FR 61586, Oct. 26, 1979 and amended at 48 FR 57473, Dec. 30, 1983; 57 FR 57341, Dec. 4, 1992; 63 FR 40010, July 27, 1998; 65 FR 8016, Feb. 17, 2000; 79 FR 38754, July 9, 2014; 81 FR 53249, Aug. 12, 2016]", "(a) The National Poultry Improvement Plan is a cooperative Federal-State-Industry program through which new or existing diagnostic technology can be effectively applied to improve poultry and poultry products by controlling or eliminating specific poultry diseases. The Plan consists of programs that identify States, flocks, hatcheries, dealers, and slaughter plants that meet specific disease control standards specified in the Plan. Participants shall maintain records to demonstrate that they adhere to the disease control programs in which they participate.\n\n(b) Any person producing or dealing in products may participate in the Plan when he has demonstrated, to the satisfaction of the Official State Agency, that his facilities, personnel, and practices are adequate for carrying out the applicable provisions of the Plan, and has signed an agreement with the Official State Agency to comply with the general and the applicable specific provisions of the Plan and any regulations of the Official State Agency under \u00a7 145.2. Affiliated flockowners may participate without signing an agreement with the Official State Agency.\n\n(c) Each participant shall comply with the Plan throughout the operating year of the Official State Agency, or until released by such Agency.\n\n(d) A participant in any State shall participate with all of his poultry hatching egg supply flocks and hatchery operations within such State. The participant shall report to the Official State Agency on VS Form 9-2 (formerly NPIP Form 3B) or through other appropriate means each breeding flock before the birds reach 24 weeks of age or, in the case of ostriches, emus, rheas, and cassowaries, before the birds reach 20 months of age. This report will include:\n\n(1) Name and address of flockowner;\n\n(2) Flock location and designation;\n\n(3) Type: Primary or Multiplier;\n\n(4) Breed, variety, strain, or trade name of stock;\n\n(5) Source of males;\n\n(6) Source of females;\n\n(7) Number of birds in the flock; and\n\n(8) Intended classification of flock.\n\n(e) To ensure that Plan diseases are not spread, flocks must be qualified for their intended Plan classifications before being moved into breeder production facilities.\n\n(f) No person shall be compelled by the Official State Agency to qualify products for any of the other classifications described in \u00a7 145.10 as a condition of qualification for the U.S. Pullorum-Typhoid Clean classification.\n\n(g) Participation in the Plan shall entitle the participant to use the Plan emblem reproduced below:"], ["9:9:1.0.1.7.62.1.83.4", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.4 General provisions for all participants.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971, as amended at 38 FR 13706, May 24, 1973; 41 FR 48723, Nov. 5, 1976. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 47 FR 21991, May 20, 1982; 48 FR 57473, Dec. 30, 1983; 57 FR 57341, Dec. 4, 1992; 83 FR 28352, June 19, 2018]", "(a) Records of purchases and sales and the identity of products handled shall be maintained in a manner satisfactory to the Official State Agency.\n\n(b) Products, records of sales and purchase of products, and material used to advertise products shall be subject to inspection by the Official State Agency at any time.\n\n(c) Advertising must be in accordance with the Plan, and applicable rules and regulations of the Official State Agency and the Federal Trade Commission. A participant advertising products as being of any official classification may include in his advertising reference to associated or franchised hatcheries only when such hatcheries produce the same kind of products of the same classification.\n\n(d) Except as provided by this paragraph, participants in the Plan may not buy or receive products for any purpose from nonparticipants unless they are part of an equivalent program, as determined by the Official State Agency. Participants in the Plan may buy or receive products from flocks that are neither participants nor part of an equivalent program, for use in breeding flocks or for experimental purposes, under the following conditions only:\n\n(1) With the permission of the Official State Agency and the concurrence of the Service; and\n\n(2) By segregation of all birds before introduction into the breeding flock. Upon reaching sexual maturity, the segregated birds must be tested and found negative for pullorum-typhoid and any other disease for which the flock into which the birds are being introduced holds a disease classification. The Official State Agency may require a second test at its discretion.\n\n(e) Each participant shall be assigned a permanent approval number by the Service. This number, prefaced by the numerical code of the State, will be the official approval number of the participant and may be used on each certificate, invoice, shipping label, or other document used by the participant in the sale of his products. Each Official State Agency which requires an approval or permit number for out-of-State participants to ship into its State should honor this number. The approval number shall be withdrawn when the participant no longer qualifies for participation in the Plan."], ["9:9:1.0.1.7.62.1.83.5", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.5 Specific provisions for participating flocks.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971, as amended at 38 FR 13706, May 24, 1973. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 63 FR 40010, July 27, 1998; 79 FR 38754, July 9, 2014; 90 FR 46745, Sept. 30, 2025]", "(a) Poultry equipment, and poultry houses and the land in the immediate vicinity thereof, shall be kept in sanitary condition in accordance with part 147 of this subchapter. The participating flock, its eggs, and all equipment used in connection with the flock shall be separated from nonparticipating flocks, in a manner acceptable to the Official State Agency.\n\n(b) All flocks shall consist of healthy, normal individuals characteristic of the breed, variety, cross, or other combination which they are stated to represent.\n\n(c) A flock shall be deemed to be a participating flock at any time only if it has qualified for the U.S. Pullorum-Typhoid Clean classification, as prescribed in subparts B, C, D, E, F, G, H, I, or J  of this part.\n\n(d) Each bird shall be identified with a sealed and numbered band obtained through or approved by the Official State Agency:  Provided,  That exception may be made at the discretion of the Official State Agency."], ["9:9:1.0.1.7.62.1.83.6", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.6 Specific provisions for participating hatcheries.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 49 FR 19802, May 10, 1984; 65 FR 8016, Feb. 17, 2000; 67 FR 8468, Feb. 25, 2002; 79 FR 38754, July 9, 2014]", "(a) Hatcheries must be kept in sanitary condition, acceptable to the Official State Agency. The sanitary procedures outlined in the NPIP Program Standards, or other procedures approved by the Administrator in accordance with \u00a7 147.53(d), will be considered as a guide in determining compliance with this provision. The minimum requirements with respect to sanitation include the following:\n\n(1) Egg room walls, ceilings, floors, air filters, drains, and humidifiers should be cleaned and disinfected at least two times per week. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter.\n\n(2) Incubator room walls, ceilings, floors, doors, fan grills, vents, and ducts should be cleaned and disinfected after each set or transfer. Incubator rooms should not be used for storage. Plenums should be cleaned at least weekly. Egg trays and buggies should be cleaned and disinfected after each transfer. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter.\n\n(3) Hatcher walls, ceilings, floors, doors, fans, vents, and ducts should be cleaned and disinfected after each hatch. Hatcher rooms should be cleaned and disinfected after each hatch and should not be used for storage. Plenums should be cleaned after each hatch. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter.\n\n(4) Chick/poult processing equipment and rooms should be thoroughly cleaned and disinfected after each hatch. Chick/poult boxes should be cleaned and disinfected before being reused. Vaccination equipment should be cleaned and disinfected after each use. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter.\n\n(5) Hatchery residue, such as chick/poult down, eggshells, infertile eggs, and dead germs, should be disposed of promptly and in a manner satisfactory to the Official State Agency.\n\n(6) The entire hatchery should be kept in a neat, orderly condition and cleaned and disinfected after each hatch.\n\n(7) Effective insect and rodent control programs should be implemented.\n\n(b) A hatchery that keeps started poultry must keep such poultry separated from the incubator room in a manner satisfactory to the Official State Agency.\n\n(c) All baby and started poultry offered for sale under Plan terminology should be normal and typical of the breed, variety, cross, or other combination represented.\n\n(d) Eggs incubated should be sound in shell, typical for the breed, variety, strain, or cross thereof and reasonably uniform in shape. Hatching eggs should be trayed and the baby poultry boxed with a view to uniformity of size.\n\n(e) Any nutritive material provided to baby poultry must be free of the avian pathogens that are officially represented in the Plan disease classifications listed in \u00a7 145.10.\n\n(f) If a person is responsibly connected with more than one hatchery, all of such hatcheries must participate in the Plan if any of them participate. A person is deemed to be responsibly connected with a hatchery if he or she is a partner, officer, director, holder, owner of 10 percent or more of the voting stock, or an employee in a managerial or executive capacity."], ["9:9:1.0.1.7.62.1.83.7", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.7 Specific provisions for participating dealers.", "APHIS", "", "", "[85 FR 62564, Oct. 5, 2020]", "Dealers in hatching eggs, newly hatched poultry, or started poultry shall comply with the provisions in this part (within the NPIP Program Standards document, Program Standard C applies to hatcheries; alternatives to the program standards may also be approved by the Administrator under \u00a7 147.53 of this subchapter)."], ["9:9:1.0.1.7.62.1.83.8", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.8 Terminology and classification; general.", "APHIS", "", "", "", "(a) The official classification terms defined in \u00a7\u00a7 145.9 and 145.10 and the various designs illustrative of the official classifications reproduced in \u00a7 145.10 may be used only by participants and to describe products that have met all the specific requirements of such classifications.\n\n(b) Products produced under the Plan shall lose their identity under Plan terminology when they are purchased for resale by or consigned to nonparticipants.\n\n(c) Participating flocks, their eggs, and the baby and started poultry produced from them may be designated by their strain or trade name. When a breeder's trade name or strain designation is used, the participant shall be able by records to substantiate that the products so designated are from flocks that are composed of either birds hatched from eggs produced under the direct supervision of the breeder of such strain, or stock multiplied by persons designated and so reported by the breeder to each Official State Agency concerned."], ["9:9:1.0.1.7.62.1.83.9", 9, "Animals and Animal Products", "I", "G", "145", "", "A", "Subpart A\u2014General Provisions", "", "\u00a7 145.9 Terminology and classification; hatcheries and dealers.", "APHIS", "", "", "[36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 47 FR 21991, May 20, 1982]", "Participating hatcheries and dealers shall be designated as \u201cNational Plan Hatchery\u201d and \u201cNational Plan Dealer\u201d, respectively. All Official State Agencies shall be notified by the Service of additions, withdrawals, and changes in classification."], ["9:9:1.0.1.7.62.10.83.1", 9, "Animals and Animal Products", "I", "G", "145", "", "J", "Subpart J\u2014Special Provisions for Egg/Meat-Type Game Bird and Raised-for-Release Game Bird Breeding Flocks and Products", "", "\u00a7 145.101 Definitions.", "APHIS", "", "", "", "Except where the context otherwise requires, for the purposes of this subpart the following terms shall be construed, respectively, to mean:\n\nEgg/meat-type bird.  Birds grown under confinement for the primary purpose of producing eggs and/or meat for human consumption.\n\nGame birds.  Domesticated fowl such as pheasants, partridge, quail, grouse, and guineas, but not doves and pigeons.\n\nRaised-for-release bird.  Birds grown under confinement for the primary purpose of producing eggs, chicks, started, or mature birds for release on game preserves or in the wild."], ["9:9:1.0.1.7.62.10.83.2", 9, "Animals and Animal Products", "I", "G", "145", "", "J", "Subpart J\u2014Special Provisions for Egg/Meat-Type Game Bird and Raised-for-Release Game Bird Breeding Flocks and Products", "", "\u00a7 145.102 Participation.", "APHIS", "", "", "[85 FR 62568, Oct. 5, 2020, as amended at 90 FR 46747, Sept. 30, 2025]", "Participating flocks of egg/meat-type game birds, raised-for-release game birds, and the products produced from them shall comply with the applicable general provisions of subpart A of this part and the special provisions of this subpart. Participation is broken into the following categories of operation and products:\n\n(a) The categories for operation are:\n\n(1)  Breeder.  An individual or business that maintains a breeding flock for the purpose of producing eggs, chicks, started, or mature birds. A breeder that is also a hatchery and/or grower shall be categorized as a breeder.\n\n(2)  Hatchery.  A category of operations in which an individual or business does not have a breeding flock, but hatches eggs for the purpose of producing chicks, started, or mature birds. A hatchery that is also a grower shall be categorized as a hatchery.\n\n(3)  Grower.  A category of operations in which an individual or business does not have a breeding flock or hatchery, but raises birds for the purpose of selling started or mature birds.\n\n(4)  Dealer.  An individual or business that resells eggs, chicks, started, or mature birds. Products a dealer handles are typically resold within 30 days or less.\n\n(b) The categories for products are:\n\n(1)  Egg.  An egg laid by a female bird for the purpose of hatching a chick.\n\n(2)  Chick.  A bird that is newly hatched from an egg.\n\n(3)  Started bird.  A bird that is between the age of a newly hatched chick and a mature bird.\n\n(4)  Mature bird.  A bird that is fully colored and has reached the average maximum size specific to each species.\n\n(c) Products shall lose their identity under Plan terminology when not maintained by Plan participants under the conditions prescribed in \u00a7 145.5(a).\n\n(d) Hatching eggs produced by breeding flocks shall be nest clean, fumigated, or otherwise sanitized in accordance with part 147 of this subchapter.\n\n(e) Under this subpart, gallinaceous flocks and waterfowl flocks may not be raised on the same premises. If they are on the same premises, they must be registered under subpart E of this part.\n\n(f) Any nutritive material provided to baby poultry must be free of the avian pathogens that are officially represented in the Plan disease classifications listed in \u00a7 145.10.\n\n(g) A flock of game birds that are not breeders, but are located on the same premise as game bird breeders, shall be covered under the same NPIP hatchery approval number as long as the appropriate testing requirements have been met.\n\n(h) All participating raised-for-release game bird flocks, regardless of whether they are breeders or non-breeders, shall be enrolled under this subpart.\n\n(i) A breeder, hatchery, or grower may also be a dealer without being categorized as a dealer. To resell products under the assigned NPIP number and avoid losing NPIP flock classifications, products must be purchased from an NPIP participant with equal or greater classifications or from a flock with equivalent or greater testing requirements under official supervision.\n\n(j) Subject to the approval of the Service and the Official State Agencies in the importing and exporting States, participating flocks may report poultry sales to importing States by using either VS Form 9-3, \u201cReport of Sales of Hatching Eggs, Chicks, and Poults,\u201d or by using an invoice form (9-3I) approved by the Official State Agency and the Service to identify poultry sales to clients. If the 9-3I form is used, the following information must be included on the form:\n\n(1) The form number \u201c9-3I\u201d, printed or stamped on the invoice;\n\n(2) The seller name and address;\n\n(3) The date of shipment;\n\n(4) The invoice number;\n\n(5) The purchaser name and address;\n\n(6) The quantity of products sold;\n\n(7) Identification of the products by bird variety or by NPIP stock code as listed in the NPIP APHIS 91-55-078 appendix; and\n\n(8) The appropriate NPIP illustrative design in \u00a7 145.10. One of the designs in \u00a7 145.10(b) or (g) must be used. The following information must be provided in or near the NPIP design:\n\n(i) The NPIP State number and NPIP approval number; and\n\n(ii) The NPIP classification for which product is qualified ( e.g.,  U.S. Pullorum-Typhoid Clean)."], ["9:9:1.0.1.7.62.10.83.3", 9, "Animals and Animal Products", "I", "G", "145", "", "J", "Subpart J\u2014Special Provisions for Egg/Meat-Type Game Bird and Raised-for-Release Game Bird Breeding Flocks and Products", "", "\u00a7 145.103 Terminology and classification; flocks and products.", "APHIS", "", "", "[85 FR 62568, Oct. 5, 2020, as amended at 90 FR 46747, Sept. 30, 2025]", "Participating flocks, and the eggs, chicks, started, and mature birds produced from them, which have met the respective requirements specified in this section may be designated by the following terms and the corresponding designs illustrated in \u00a7 145.10.\n\n(a) [Reserved]\n\n(b)  U.S. Pullorum-Typhoid Clean.  A flock in which freedom from pullorum and typhoid has been demonstrated to the Official State Agency under paragraph (b)(1), (2), or (3) of this section. (See \u00a7 145.14 relating to the official blood test where applicable.):\n\n(1) It has been officially blood tested within the past 12 months with either no reactors or reactors that, upon further bacteriological examination conducted in accordance with part 147 of this subchapter, fail to isolate  Salmonella  Pullorum or  Salmonella  Gallinarum.\n\n(2) It is a started or mature bird flock that meets the following specifications as determined by the Official State Agency and the Service:\n\n(i) The flock is located in a State where all persons performing poultry disease diagnostic services within the State are required to report to the Official State Agency within 48 hours the source of all poultry specimens from which  Salmonella  Pullorum or  Salmonella  Gallinarum is isolated;\n\n(ii) The flock is composed entirely of birds that originated from U.S. Pullorum-Typhoid Clean breeding flocks or from flocks that met equivalent requirements under official supervision; and\n\n(iii) The flock is located on a premises where a flock not classified as U.S. Pullorum-Typhoid Clean was located the previous year;  Provided,  That an Authorized Testing Agent must blood test up to 300 birds per flock, as described in \u00a7 145.14, if the Official State Agency determines that the flock has been exposed to pullorum-typhoid. In making determinations of exposure and setting the number of birds to be blood tested, the Official State Agency shall evaluate the results of any blood tests, described in \u00a7 145.14(a)(1), that were performed on an unclassified flock located on the premises during the previous year; the origins of the unclassified flock; and the probability of contacts between the flock for which qualification is being sought and infected wild birds, contact between the flock for which qualification is being sought and contaminated feed or waste, or contact between the flock for which qualification is being sought and birds, equipment, supplies, or personnel from flocks infected with pullorum-typhoid.\n\n(3) It is a breeding flock that originated from U.S. Pullorum-Typhoid Clean breeding flocks or from flocks that met equivalent requirements under official supervision, and in which a sample of 300 birds from flocks of more than 300, and each bird in flocks of 300 or less, has been officially tested for pullorum-typhoid with no reactors or reactors that upon bacteriologic examination fail to reveal Pullorum-Typhoid:  Provided,  That a bacteriological examination monitoring program or serological examination monitoring program for game birds acceptable to the Official State Agency and approved by the Service may be used in lieu of annual blood testing:  And provided further,  That it is located in a State in which it has been determined by the Service that:\n\n(i) All hatcheries within the State are qualified as \u201cNational Plan Hatcheries\u201d or have met equivalent requirements for pullorum-typhoid control under official supervision;\n\n(ii) All hatchery supply flocks within the State are qualified as U.S. Pullorum-Typhoid Clean or have met equivalent requirements for pullorum-typhoid control under official supervision:  Provided,  That if other domesticated fowl, except waterfowl, are maintained on the same premises as the participating flock, freedom from pullorum-typhoid infection shall be demonstrated by an official blood test of each of these fowl;\n\n(iii) All shipments of products other than U.S. Pullorum-Typhoid Clean, or equivalent, into the State are prohibited;\n\n(iv) All persons performing poultry disease diagnostic services within the State are required to report to the Official State Agency within 48 hours the source of all poultry specimens from which  Salmonella  Pullorum or  Salmonella  Gallinarum is isolated;\n\n(v) All reports of any disease outbreak involving a disease covered under the Plan are promptly followed by an investigation by the Official State Agency to determine the origin of the infection;  Provided,  That if the origin of the infection involves another State, or if there is exposure to poultry in another State from the infected flock, then the National Poultry Improvement Plan will conduct an investigation;\n\n(vi) All flocks found to be infected with pullorum or typhoid are quarantined until marketed or destroyed under the supervision of the Official State Agency, or until subsequently blood tested, following the procedure for reacting flocks as contained in \u00a7 145.14(a)(5), and all birds fail to demonstrate pullorum or typhoid infection;\n\n(vii) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; and\n\n(viii) The flock is located in a State in which pullorum disease or fowl typhoid is not known to exist nor to have existed in hatchery supply flocks within the State during the preceding 24 months.\n\n(ix) Discontinuation of any of the conditions or procedures described in paragraphs (b)(3)(i) through (viii) of this section, or the occurrence of repeated outbreaks of pullorum or typhoid in poultry breeding flocks within or originating within the State shall be grounds for the Service to revoke its determination that such conditions and procedures have been met or complied with. Such action shall not be taken until a thorough investigation has been made by the Service and the Official State Agency has been given an opportunity to present its views.\n\n(c)  U.S. H5/H7 Avian Influenza Clean.  The program in this paragraph (c) is intended to be the basis from which the game bird industry may conduct a program for the prevention and control of the H5 and H7 subtypes of avian influenza. It is intended to determine the presence of the H5 and H7 subtypes of avian influenza in game bird flocks through routine surveillance of each participating flock. A flock or premises, and the hatching eggs, chicks, started, and mature birds produced from it, will qualify for the classification in this paragraph (c) when the Official State Agency determines that it has met the following requirements:\n\n(1) It is a flock in which a minimum of 30 birds has been tested negative to the H5 and H7 subtypes of avian influenza as provided in \u00a7 145.14(d) when more than 4 months of age. To retain the classification in this paragraph (c):\n\n(i) A sample of at least 30 birds must be tested negative at intervals of 90 days; or\n\n(ii) A sample of fewer than 30 birds may be tested, and found to be negative, at any one time if all pens are equally represented and a total of 30 birds are tested within each 90-day period.\n\n(2) For participants with non-breeding flocks retained for raised-for-release or other purposes on the same premises as a breeding flock, a representative sample of at least 30 birds from the participating premises must be tested negative to the H5 and H7 subtypes of avian influenza as provided in \u00a7 145.14(d) when more than 4 months of age, every 90 days.\n\n(d)  U.S. Salmonella Monitored.  The program in this paragraph (d) is intended to be the basis from which the game bird industry may conduct a program for the prevention and control of salmonellosis. It is intended to reduce the incidence of  Salmonella  organisms in day-old poultry through an effective and practical sanitation program in the hatchery. This will afford other segments of the poultry industry an opportunity to reduce the incidence of  Salmonella  in their products. The following requirements must be met for a flock to be of this classification in this paragraph (d):\n\n(1) An Authorized Agent shall collect a minimum of five environmental samples,  e.g.,  chick papers, hatching trays, and chick transfer devices, from the hatchery at least every 30 days. Testing must be performed at an authorized laboratory.\n\n(2) To claim products are of the classification in this paragraph (d), all products shall be derived from a hatchery that meets the requirements of the classification.\n\n(3) The classification in this paragraph (d) may be revoked by the Official State Agency if the participant fails to follow recommended corrective measures."]], "truncated": false, "filtered_table_rows_count": 133, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, 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