Cfrs are one of the few things left trying to protect you from enshittification of food so I wouldn't shit on them too hard. Highly imperfect, but before they existed shit was REAL bad

You can still make it, you just need to lable it as low consistency. Section C) says:

...when the quality of the catsup falls below the standard, the label may bear the alternative statement, “Below Standard in Quality—Low Consistency.”

https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-155/subpart-B/section-155.194