CPG Sec. 550.230 Cherries, Canned - 
Misbranding Involving Food Standards 
REGULATORY ACTION GUIDANCE: 
The following represents criteria for direct reference seizure *requests to the Office of Human 
and Animal Food Operations (OHAFO) in consultation with the Office of Enforcement and 
Import Operations (OEIO) and CFSAN, and for direct citation by the appropriate Field Office 
within the Human and Animal Food Program*: 
1.  Pits - (21 CFR 145.125 (b)(1)(i))  
The canned pitted cherries contain more than one pit per 20 ounces. 
2.  Blemish (See Note 1 and Note 2) - (21 CFR 145.125 (b)(1)(v))  
a.  More than 15 percent by count of the cherries are blemished in all cans examined; 
or 
b.  The average of all cans examined is more than 15 percent by count blemished 
cherries and one-half or more of the cans contain 20 percent or more blemished 
cherries. 
NOTES: 
1.  Examine the entire contents of at least 12 cans for cans smaller than #10. Examine 100 
cherries at random from each at least six cans of #10 size. 
2.  Brown discolorations or "freckles" due to cherry rust are not considered as blemish 
unless the concentration and intensity is such that the appearance is unsightly and 
objectionable. Refer borderline samples containing cherry rust to CFSAN/Office of 
*Compliance/Division of Field Programs/Low Acid and Acidified Foods Team* for 
examination. Mottling on Royal Ann and other light-skinned cherry varieties normally 
occurs from cooking during canning and is not considered to be a blemish. 
REMARKS: 
Seizures involving these products must be discussed with the U.S. Department of Agriculture. 
*E-mail* or FAX the following information to CFSAN/Office of *Compliance*/Division of 
Enforcement (HFS-605) and await reply before processing: 
Sample Number 
Article Involved  Amount of Lot 
Codes 
Date of Shipment 
Dealer 
Shipper 
Analytical Conclusions 
  
SPECIMEN CHARGE: 
1.  PITS 
Article misbranded when introduced into and while in interstate commerce, within 
meaning of 21 U.S.C. 343(h)(1), in that it purports to be and is represented as canned 
pitted cherries, a food for which a standard of quality has been prescribed by regulation 
(21 CFR 145.125(b)) promulgated pursuant to 21 U.S.C. 341, and its quality falls below 
such standard, since section 145.125(b)(1)(i) of such standard provides that in canned 
pitted cherries of standard quality there is not more than 1 pit in each 20 ounces of 
canned cherries as determined by the method prescribed in such standard; whereas, the 
article contains more than 1 pit in each 20 ounces, as determined by the method 
prescribed in such standard, and its label fails to bear, in such manner and form as such 
regulations specify, a statement that it falls below such standard. 
2.  BLEMISH 
Article misbranded when introduced into and while in interstate commerce, within 
meaning of 21 U.S.C. 343(h)(1), in that it purports to be and is represented as canned 
cherries, a food for which a standard of quality has been prescribed by regulation (21 
CFR 145.125(b)) promulgated pursuant to 21 U.S.C. 341, and its quality falls below such 
standard since section 145.125(b)(1) (v) of such standard provides that in canned cherries 
of standard quality 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; whereas, 
more than 15 percent by count of the cherries in the container of the article are blemished 
with scab, hail injury, discoloration, scar tissue, or other abnormality, and its label fails to 
bear, in such manner and form as such regulations specify, a statement that it falls below 
such standard. 
*Material between asterisks is new or revised* 
Issued: 10/1/80 
Revised: 3/95, 5/2005 
Updated: 11/29/05