###### Editorial Note on [Part 161](/current/title-21/part-161?toc=1)

#### Editorial Note:

Nomenclature changes to part 161 appear at [81 FR 49896](https://www.federalregister.gov/citation/81-FR-49896), July 29, 2016.

#### § 161.170 Canned Pacific salmon.

(a) *Identity.*

(1) Canned Pacific salmon is the food prepared from one of the species of fish enumerated in [paragraph (a)(2)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(2)) of this section, prepared in one of the forms of pack specified in [paragraph (a)(3)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(3)) of this section, and to which may be added one or more of the optional ingredients specified in [paragraph (a)(4)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(4)) of this section. The food is packed in hermetically sealed containers and so processed by heat as to prevent spoilage and soften bones. The food is labeled in accordance with [paragraph (a)(5)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(5)) of this section.

(2)

(i) The species of fish which may be used in this food are:

| *Oncorhynchus tshawytscha* | Chinook, king, spring. |
| *Oncorhynchus nerka* | Blueback, red, sockeye |
| *Oncorhynchus kisutch* | Coho, Cohoe, medium red, silver |
| *Oncorhynchus gorbuscha* | Pink |
| *Oncorhynchus keta* | Chum, keta |
| *Oncorhynchus masou* | Masou, cherry |

(ii) For the purpose of [paragraph (a)(5)(i)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(5)(i)) of this section, the common or usual name or names of each species of fish enumerated in [paragraph (a)(2)(i)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(2)(i)) of this section is (are) the name(s) immediately following the scientific name of each species.

(3) The optional forms of canned Pacific salmon are processed from fish prepared by removing the head, gills, and tail, and the viscera, blood, fins, and damaged or discolored flesh to the greatest extent practicable in accordance with good manufacturing practice; and then washing. Canned Pacific salmon is prepared in one of the following forms of pack:

(i) “Regular” consists of sections or steaks which are cut transversely from the fish and filled vertically into the can. In preparation, segments of skin or large backbone may be removed. The sections or steaks are so packed that the cut surfaces approximately parallel the ends of the container. A small portion of salmon may be added if necessary to complete the fill of the container.

(ii) “Skinless and backbone removed” consists of the regular form of canned salmon set forth in [paragraph (a)(3)(i)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(3)(i)) of this section from which the skin and vertebrae have been removed in accordance with good manufacturing practices.

(iii) “Minced salmon” consists of salmon which has been minced or ground.

(iv) “Salmon tips or tidbits” consists of small pieces of salmon.

(v) “No salt added” consists of canned salmon to which no salt has been added.

(4) One or more of the following optional ingredients may be added to the food:

(i) Salt.

(ii) Edible salmon oil comparable in color, viscosity, and flavor to the oil which would occur naturally in the species of salmon canned.

(5)

(i) The name of the food is “salmon” together with the common or usual name or names of the species. At least one species name shall be printed in letters of the same style of type and not less in height than those used for the word “salmon”.

(ii) Whenever the form of pack is that described in [paragraph (a)(3) (ii)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(3)(ii)), [(iii)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(3)(iii)), or [(iv)](/on/2024-09-23/title-21/section-161.170#p-161.170(a)(3)(iv)) of this section, the word or words describing the form of pack shall immediately precede or follow the name of the food without intervening written, printed, or graphic matter in the manner prescribed in [§ 101.3(c) of this chapter](/on/2024-09-23/title-21/section-101.3#p-101.3(c)); for example, “red salmon” as the name of the food followed by “skinless and backbone removed”.

(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](/on/2024-09-23/title-21/part-101) and [130 of this chapter](/on/2024-09-23/title-21/part-130).

(b) [Reserved]

(c) *Fill of container.*

(1) The standard of fill of container for canned salmon is a fill including all the contents of the container and is not less than the minimum net weight specified for the corresponding can size in the following table:

| I. Can size | II. Minimum net weight |
| --- | --- |
| 603 × 405 | 1.814 kg (64 oz). |
| 301 × 411 | 454 g (16 oz). |
| 301 × 408 | 439 g (151/2 oz). |
| 401 × 211 | 439 g (151/2 oz). |
| 607 × 406 × 108 | 439 g (151/2 oz). |
| 301 × 308 | 340 g (12 oz). |
| 307 × 200.25 | 220 g (73/4 oz). |
| 513 × 307 × 103 | 220 g (73/4 oz). |
| 307 × 113 | 191 g (63/4 oz). |
| 301 × 106 | 106 g (33/4 oz). |
| 407 × 213 × 015 | 106 g (33/4 oz). |

If the can size in question is not listed, calculate the value for Column II as follows: From the list, select as the comparable can size, that one having the nearest water capacity of the can size in question, multiply the net weight listed in Column II by the water capacity of the can size in question, and divide by the water capacity of the comparable can size. Water capacities are determined by the general method provided in [§ 130.12(a) of this chapter](/on/2024-09-23/title-21/section-130.12#p-130.12(a)).

(2) Sampling and acceptance procedure: The sample size of the sample representing the lot will be selected in accordance with the sampling plan shown in [paragraph (c)(2)(ii)](/on/2024-09-23/title-21/section-161.170#p-161.170(c)(2)(ii)) of this section. A lot is to be considered acceptable when the average net weight of all the sample units is not less than the minimum net weight stated in [paragraph (c)(1)](/on/2024-09-23/title-21/section-161.170#p-161.170(c)(1)) of this section for the corresponding can size.

(i) Definitions of terms to be used in the sampling plans in [paragraph (c)(2)(ii)](/on/2024-09-23/title-21/section-161.170#p-161.170(c)(2)(ii)) of this section are as follows:

(*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.

(*b*) *Lot size.* The number of primary containers or units in the lot.

(*c*) *Sample size* (*n*). The total number of sample units drawn for examination from a lot.

(*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.

(ii) Sampling plans:

| Lot size (primary containers) | Size of container1 (*n*) |
| --- | --- |
| 4,800 or less | 13 |
| 4,801 to 24,000 | 21 |
| 24,001 to 48,000 | 29 |
| 48,001 to 84,000 | 48 |
| 84,001 to 144,000 | 84 |
| 144,001 to 240,000 | 126 |
| Over 240,000 | 200 |
| | |
| --- | --- |
| 1 Net weight equal to or less than 1 kg. (2.2 lb). | |

| Lot size (primary containers) | Size of container1 (*n*) |
| --- | --- |
| 2,400 or less | 13 |
| 2,401 to 15,000 | 21 |
| 15,001 to 24,000 | 29 |
| 24,001 to 42,000 | 48 |
| 42,001 to 72,000 | 84 |
| 72,001 to 120,000 | 126 |
| Over 120,000 | 200 |
| | |
| --- | --- |
| *n*-number of primary containers in sample. | |
| 1 Net weight greater than 1 kg (2.2 lb) but not more than 4.5 kgs (10 lb). | |

(3) If canned salmon falls below the standard of fill of container prescribed in [paragraph (c)(1)](/on/2024-09-23/title-21/section-161.170#p-161.170(c)(1)) of this section, the label shall bear the general statement of substandard fill specified in [§ 130.14(b) of this chapter](/on/2024-09-23/title-21/section-130.14#p-130.14(b)), in the manner and form therein specified.

[[42 FR 14464](https://www.federalregister.gov/citation/42-FR-14464), Mar. 15, 1977, as amended at [58 FR 2884](https://www.federalregister.gov/citation/58-FR-2884), Jan. 6, 1993; [80 FR 41436](https://www.federalregister.gov/citation/80-FR-41436), July 15, 2015]