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VOLUMS 16

NUMBER 246

Washington, Thursday, December 20, 1951
TITLE 19 CUSTOMS DUTIES
Chapter I-Bureau of Customs, Department of the Treasury T. D. 52886
P art 4 V essels in F oreign D omestic T rades
and
WAIVER OP COASTWISE LAWS
D ecember 18, 1951.
Navigation laws administered by the Bureau of Customs waived to permit operation of vessels requisitioned by the United States for the purpose of emer gency evacuation.
Upon the written request of the Acting Secretary of Defense and pursuant to the authority vested in me by the provi sions of section 1 of the act of December 27,1950 Public Law 891,81st Cong., and the order of the Acting Secretary of the Treasury dated January 23, 1951 T. D.
52672, I hereby waive compliance with the provisions of the navigation laws administered by the Bureau of Customs to the extent necessary to permit the operation of vessels requisitioned by the United States for emergency evacuation.
It is hereby found that compliance with the notice of proposed rule making, public rule making procedure thereon, and effective date requirements of the Administrative Procedure Act is contrary to the public interest.
Pub. Law 801, 81st Cong.
seal
F rank D o w ,
Commissioner of Customs.
F. R. Doc. 51-15107; Filed, Dec. 19, 1951;
10:58 a. m.

TITLE 21 FOOD AND DRUGS
Chapter I Food and Drug Adminis tration, Federal Security Agency Docket No. FDC-59
P art
53 T omato P roducts;

and and
D efin itio n s S tandards op I d en tity ; Q u a lity ;
F ill op C ontainer CANNED TOMATOES

In the matter of amending the defi nition and standard of identity for canned tomatoes:
By virtue of the authority vested in the Federal Security Administrator by the provisions of the Federal Food, Drug, and Cosmetic Act secs. 401, 701, 52 Stat.

1046,1055; 21 U. a C. 341, 371 and upon the basis of substantial evidence received a t the public hearing held pursuant to a notice published in the F ederal R egis
ter on July 4, 1951 16 F . R. 6543, no exceptions having been filed to the ten tative order published in the F ederal R egister on September 2 2 , 1951 16 F. R .
9699, the following order is hereby promulgated:
Findings of fact.1 1. By the definition and standard of identity for canned to matoes 21 CFR 53.40, the liquid drain ing from tomatoes during and after peeling and coring and which is used for filling the spaces between the tomato fruits in the container is designated as optional ingredient a 1 and the liquid strained from mature tomatoes which is added for this purpose is desig nated as optional ingredient a 3.
Paragraph b of this definition and standard of identity prescribes that when optional ingredient a 3 is pres ent the label shall bear the statement with added strained tomatoes. It is not required that there be a label decla ration of optional ingredient a 1, R. 12, 61-63, 64-66
2. Different lots of tomatoes as they are received by canneries vary in the amount of liquid they yield when they are being peeled and cored. In some lots as received the tomatoes yield a sufficient quantity of liquid during and after peeling and coring to meet the re quirements for properly packing the canned tomatoes, but in other lots an in sufficient quantity of liquid is obtained and additional liquid is prepared from other tomato fruits. Various means are used for preparing the additional liquid.
In hand-packing when there is insuffi cient liquid in a can the packer can pro duce additional liquid by pushing down on the tomato fruits in the can. In can neries where a filling machine is used for adding liquid to the cans some of the to mato fruits are separately crushed to produce the liquid necessary. In some canneries these tomato fruits are simply broken up by hand; in other canneries they are mechanically crushed. The proportion of prepared liquid used in the The citations following each finding of fact refer to the pages of th e transcript of the testimony and th e exhibits received in evidence a t the hearing.
Continued on p. 12765 .

CONTENTS
Agriculture Department
See Federal Crop Insurance Cor poration; Production and Mar keting Administration.

PaS

Civil Aeronautics Board Notices :
Northeast Airlines, Inc.; temporary mail rate case________ 12795

Coast Guard Rules and regulations:
Waivers of navigation and vessel inspection laws and regula tions___ ________
_______ 12792
Vessels requisitioned by the United States for emer gency evacuation________ 12792

Commerce Department See Federal Maritime Board; In ternational Trade, Office of;
National Production Authority;
National Shipping Authority.

Customs Bureau Rules and regulations:
Vessels in foreign and domestic trades; navigation laws ad ministered by Bureau waived to permit operation of vessels requisitioned by United States for purpose of emergency evacuation_____________ _ 12763

Defense Department
See Navy Department.

Defense Mobilization, Office of Notices:
Determination and certifica tion of a critical defense housing area:
Green Cove Springs, Fla., 12796
area_______
San Marcos, Texas, area___ 12796
Wichita Falls, Texas, area__ 12796

Economic Stabilization Agency
See also Price Stabilization, Office of; Rent Stabilization, Office of;
Salary Stabilization Board.
Notices:
Approving extent of relaxation of credit controls in critical defense housing areas; Pensa cola, Fla., area, et al_______ 12799

Federal Crop Insurance Corpo ration
Rules and regulations:
Multiple crop insurance, regu lations for 1950 and succeed ing crop years; correction 12765
12763