Has been removed implies an act.
The clause was read as a freshness requirement
It says from which no portion of any volatile oil or other flavoring principle has been removed, which names an act performed on the material.
So a spice that has aged was treated as outside the definition
Nothing on these pages says that. The clause is an adulteration provision aimed at a spent spice sold as whole spice.
And a poorly sealed jar was treated as a breach
Also not claimed here. A container does not remove anything; it fails to retain.
Which is a distinction worth keeping
Because the physics is the same and the legal question is not, and collapsing the two produces a claim this property does not make.
No portion was read as a tolerance
It is absolute on its face. No portion of any volatile oil or other flavoring principle.
Or other flavoring principle was skipped
Which is broader than volatile oil and reaches whatever carries the flavor.
The exception was overlooked
Onions, garlic and celery are named as substances traditionally regarded as foods and are excluded from the definition.
So garlic powder was declared as spice
Which the definition does not permit, and the reason is custom rather than chemistry.
The coloring provision was missed
Paprika, turmeric and saffron, or other spices which are also colors, are declared as spice and coloring unless declared by their common or usual name.
And the spice lists were expected here
The section cross-refers to 21 CFR 182.10 and part 184, and this property does not enumerate them.
Read the sentence whole
Four conditions, an exception and a clause, in one sentence. Every paraphrase of it loses something.
And a container was blamed for heat
A spice rack above a stove degrades its contents and no closure prevents it. Of the three loss paths, only two are purchase decisions.
And treat the container question separately
Liner, wall and headspace decide how much oil a jar keeps. That is a purchase decision and not a definitional one.
References
21 CFR 101.22(a)(2): "The term spice means any aromatic vegetable substance in the whole, broken, or ground form, except for those substances which have been traditionally regarded as foods, such as onions, garlic and celery; whose significant function in food is seasoning rather than nutritional; that is true to name; and from which no portion of any volatile oil or other flavoring principle has been removed." The same paragraph provides that "paprika, turmeric, and saffron or other spices which are also colors, shall be declared as 'spice and coloring' unless declared by their common or usual name", and cross-refers to the spice lists in 21 CFR 182.10 and part 184, which are not enumerated here. The definition addresses a spice from which volatile oil has been removed and is not a shelf-life rule.
law.cornell.eduThe Davis Pack Supply catalog, measured 19 October 2026. 509 rows: 205 containers and 304 closures, which is one of the largest shelves in this library. 30 to 18,927 mL with a median of 177, a 630-fold range: 156 over 4 oz, 45 over 8 oz, 36 over a quart and 20 over a gallon. 97 PET, 53 PP, 31 HDPE and 24 glass. 158 jars, 24 tubs and pails, 22 bottles, 1 tube. 77 PET single wall jars, 20 PP single wall jars, 16 double wall round base jars, 15 glass straight sided jars, 10 double wall straight base jars, 9 plastic round pails. 62 clear, 55 white, 23 natural, 21 amber, 20 black, 11 blue, 7 green, 4 frosted, 2 dark amber. Necks: 54 at 70-400, 36 at 58-400, 28 at 89-400, 28 unrecorded, 11 at 53-400, 9 at 48-400, 8 at 110-400. Closures: 194 continuous thread polypropylene lids, 41 metal or aluminum CT caps, 22 dome lids, 12 round tub lids, 9 sealing discs, 7 plastic round pail lids, 7 spice caps, 3 phenolic, 1 spice sifter disc. Liners: 80 heat induction seal, 44 F217, 43 unrecorded, 37 No Liner, 34 pressure sensitive, 23 Plastis standard, 19 PE foam, 18 foam, 3 polycone. Buyability, a snapshot: 129 of 205 available, 75 not, 1 unrecorded; 76 quote only; 32 full case only, with case packs from 8 to 6,370 and a median of 280.
