Regulation

The regulation, and what it does not cover

The number that decides whether a jar is safe is written down in one place, and this is it: a finished equilibrium pH of 4.6 or below. Every "is it done yet" question is that threshold, restated.

Text as issued 2026-08-31, up to date as of 2026-09-03, retrieved from the eCFR API on 2026-09-06. Unedited.

Read the scope before the rule

A lacto-fermented pickle is generally not an acidified food. 21 CFR 114 covers low-acid foods to which acid is added; a ferment produces its own. That does not make a ferment unregulated, and it does not make 4.6 irrelevant - it is the same threshold either way - but it does mean the part's process requirements are written for a different operation. The exemption is quoted in full on the 114.3 page rather than paraphrased here.

Section	Heading	Part
21 CFR 114.3	Definitions.	Acidified Foods
21 CFR 114.5	Current good manufacturing practice.	Acidified Foods
21 CFR 114.10	Personnel.	Acidified Foods
21 CFR 114.80	Processes and controls.	Acidified Foods
21 CFR 114.83	Establishing scheduled processes.	Acidified Foods
21 CFR 114.89	Deviations from scheduled processes.	Acidified Foods
21 CFR 114.90	Methodology.	Acidified Foods
21 CFR 114.100	Records.	Acidified Foods
21 CFR 108.3	Definitions.	Emergency Permit Control
21 CFR 108.5	Determination of the need for a permit.	Emergency Permit Control
21 CFR 108.6	Revocation of determination of need for permit.	Emergency Permit Control
21 CFR 108.7	Issuance or denial of permit.	Emergency Permit Control
21 CFR 108.10	Suspension and reinstatement of permit.	Emergency Permit Control
21 CFR 108.12	Manufacturing, processing, or packing without a permit, or in violation of a permit.	Emergency Permit Control
21 CFR 108.19	Establishment of requirements for exemption from section 404 of the act.	Emergency Permit Control
21 CFR 108.25	Acidified foods.	Emergency Permit Control
21 CFR 108.35	Thermal processing of low-acid foods packaged in hermetically sealed containers.	Emergency Permit Control