Ga. Comp. R. & Regs. R. 40-10-1-.18 - Marking Products and Their Containers
(1) Authorization required to make devices
bearing official marks. No brand manufacturer, printer, or other person shall
cast, print, lithograph, or otherwise make or cause to be any device containing
any official mark or simulation thereof without prior written authority
therefor from the Commissioner as provided for in
40-10-1-.18 of this
chapter.
(2) Approval required for
official marks. No device containing any official mark shall be made or caused
to be made for use on any product until it has been approved by the
Commissioner as provided for in
40-10-1-.19 of this
chapter.
(3) Use of official marks
prohibited except under supervision of Program employee; removal of official
marks, when required:
(a) No person shall
affix or place, or cause to be affixed or placed, the official inspection
legend or any other official mark, or any abbreviation or simulation of any
official mark, to or on any product, or container thereof, except under the
supervision of a Program employee.
(b) No person shall fill, or cause to be
filled, in whole or in part, with any product, any container bearing or
intended to bear any official mark or any abbreviation or simulation of any
official mark, except under the supervision of a Program employee.
(c) Product bearing any official mark shall
not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise
prepared by any person for commercial purposes unless:
1. Such preparation is performed at an
official establishment; or
2. Such
preparation is conducted under State or other governmental inspection and the
prepared product is marked to show that fact; or
3. The official marks are removed, defaced or
otherwise destroyed before or during such preparation; or
4. The preparation of the product consists
solely of cutting up operations at any establishment exempted from inspection
under paragraph
40-10-1-.04(1)(d)2.
of the Act or equal provisions of a law of a State or organized
Territory.
(4) Marking devices; to be furnished by
official establishments; control of:
(a) Each
official establishment shall furnish such ink brands, burning brands, and any
other device for marking products with official marks as the Commissioner may
determine is necessary for marking products at such establishment. The official
inspection legend on such a device shall be as prescribed in this
chapter.
(b) All official devices
for marking products with the official inspection legend, or other official
marks, including self-locking seals, shall be used only under the supervision
of a Program employee, and, when not in use for marking shall be kept locked in
properly equipped lockers or compartments, the keys of which shall not leave
the possession of a Program employee.
(5) Branding ink; to be furnished by official
establishments; approval by Program; color:
(a) Each official establishment shall furnish
all ink for marking products with the official marks at such establishment.
Such ink must be made with harmless ingredients that are approved for the
purpose by the Commissioner. Samples of inks shall be submitted to the Program
Laboratory from time to time as may be deemed necessary by the officer in
charge.
(b) Only ink approved for
the purpose shall be used to apply ink brands bearing official marks to
carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived there
from.
(c) Green ink shall not be
used to apply marks to the carcasses of cattle, sheep, swine, or goats or fresh
meat cuts derived there from.
(d)
Except as provided in paragraphs (b) and (c) of this section, branding ink of
any color, approved for the purpose by the Commissioner may be used to apply
ink brands, including official marks, to processed meat cuts derived from
cattle, sheep, swine or goats.
(e)
Only green ink approved for the purpose shall be used to apply ink brands
including official marks to carcasses and parts of carcasses and meat cuts
derived from horses, mules and other equines.
(f) Ink used must assure legibility and
permanence of the markings and the color of ink shall provide acceptable
contrast with the color of the product to which it is applied.
(6) Products not to be removed
from official establishments unless marked in accordance with the regulations.
No person shall remove or cause to be removed from an official establishment
any products which the regulations in this chapter require to be marked in any
way unless they are clearly and legibly marked in compliance with such
regulations.
(7) Marking devices
not to be false or misleading; style and size of lettering; approval required.
No brand or other marking device shall be false or misleading. The letters and
figures thereon shall be of such style and type as will make a clear and
legible impression. All markings to be applied to products in an official
establishment shall be approved prior to use by the Commissioner as provided
for in 40-10-1-.19(3),
except that official markings prescribed by the Federal meat grading
regulations (7 CFR
53.19) need not be submitted to the
Commissioner for approval.
(8)
Unmarked inspected products moved between official establishments; moved in
commerce.
(a) Unmarked products which have
been inspected and passed but do not bear the official inspection legend may be
transported from one official establishment to another official establishment,
for further processing, in a railroad car, truck, or other closed container, if
they are sealed with the official seal of the Department (as prescribed in
40-10-1-.14 of this chapter) bearing
the official inspection legend.
(b)
Products which have been inspected and passed but do not bear the official
inspection legend may be removed from an official establishment in closed
containers bearing the official inspection legend and all other information
required by this part and
40-10-1-.19 of this chapter:
Provided, that upon removal from such closed container the product may not be
further transported in commerce unless such removal was made under the
supervision of a Program employee and such product is reinspected by a Program
employee and packed under his supervision in containers bearing the official
inspection legend and all other information required by this part and
40-10-1-.19 of this chapter: and
provided further, that unmarked products shall not be brought into an official
establishment in an open container.
(9) Products to be marked with official
marks:
(a) Each carcass which has been
inspected and passed in an official establishment shall be marked at the time
of inspection with the official inspection legend containing the number of the
official establishment.
(b) Except
as provided otherwise in this part, each primal part of a carcass, the beef cod
fat and beef kidney fat, and each liver, beef tongue and beef heart which has
been inspected and passed shall be marked with the official inspection legend
containing the number of the official establishment before it leaves the
establishment in which it Is first inspected and passed, and each other
inspected and passed product susceptible of marking shall be marked with the
official inspection legend containing the number of the office establishment
where it was last prepared: Provided, that products need not be so marked if
packed in properly labeled immediate containers in accordance with the
regulations in
40-10-1-.19 of this chapter.
Additional official marks of inspection may be applied to such products as
desired to meet local conditions. Primal parts are the wholesale cuts of
carcasses as customarily distributed to retailers. The round, flank, loin, rib,
plate, brisket, chuck, and shank are primal parts of beef carcasses. Veal,
mutton, and goat primal parts are the leg, flank, loin, rack, breast, and
shoulder. The ham, belly, loin, shoulder, and jowl are pork primal parts.
Equine primal parts are the round, flank, loin, rib, plate, brisket, chuck and
shank.
(c) Beef livers shall be
marked with the official inspection legend containing the number of the
official establishment at which the cattle involved were slaughtered, on the
convex surface of the thickest portion of the organ.
(d) Inspected and passed parts of carcasses
which are not marked with the official inspection legend under this section
shall not enter any official establishment or be sold, transported, or offered
for sale or transportation, in commerce, except as provided in
40-10-1-.18.
(10) Marking of meat food products with
official inspection legend and ingredient statement:
(a) Inspected and passed sausage and other
products in casings or in link form, of the ordinary "ring" variety or larger
shall be marked with the official inspection legend and list of ingredients in
accordance with
40-10-1-.19 of this chapter. The
official marks required by this section shall be branded near each end of
sausage or similar product prepared in casings when the product is of a size
larger than that customarily sold at retail intact.
(b) Inspected and passed sausage and other
products, in casings or link form, of the smaller varieties, shall bear one or
more official inspection legends and one or more lists of ingredients on each 2
pounds of product, except where such products leave the official establishment
completely enclosed in properly labeled containers having a capacity of 10
pounds or less and containing a single kind of product: Provided, That such
products in properly labeled closed containers exceeding 10 pounds shipped to
another official establishment for further processing or to a governmental
agency, needs only have the official inspection legend and list of ingredients
shown twice throughout the contents of the container. When such products are
shipped to another official establishment for further processing, the officer
in charge at the point of origin shall identify the shipment to the officer in
charge at destination.
(c) The list
of ingredients may be applied by stamping, printing, using paper bands, tags,
or tissue strips, or by other means approved by the Commissioner.
(d) All cured products shall be marked with
the list of ingredients in accordance with Part
40-10-1-.19 of this
subchapter.
(11) Special
markings for certain meat food products:
(a)
Meat food products, in casings or link form, other than sausage, which possess
the characteristics of, or resemble sausage, shall bear on each link or piece
the word "imitation" prominently displayed: Provided, That the following need
not be so marked if they bear on each link or piece the name of the product in
accordance with
40-10-1-.19(2) of
this chapter: Such products as coppa, capocollo, lachschinken, bacon, pork
loins, pork shoulder butts, and similar cuts of meat which are prepared without
added substances other than curing materials or condiments; meat rolls,
bockwurst and similar products which do not contain cereal or vegetables;
headcheese, souse, sulze, scrapple, blood pudding, and liver pudding; and other
products such as loaves, chili con carne, and meat and cheese products when
prepared with sufficient cheese to give definite characteristics to the
finished products: And provided further, that imitation sausage packed in
properly labeled containers having a capacity of 3 pounds or less and of a kind
usually sold at retail intact, need not bear the word "imitation" on each link
or piece if no other marking or labeling is applied directly to the
product.
(b) When cereal,
vegetable, starch, starchy vegetable flour, soy flour, soy protein concentrate,
isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried
skim milk is added to sausage in casing or link form within the limits
prescribed in
40-10-1-.19 of this chapter, the
product shall be marked with the name of each added ingredient, as for example,
"cereal added," "potato flour added," "cereal and potato flour added," "soy
flour added," "isolated soy protein added," "nonfat dry milk added," "calcium
reduced dried skim milk added," or "cereal and nonfat dry milk added," as the
case may be.
(c)
1. When product is placed in a casing to
which artificial coloring is thereafter applied, as permitted in
40-10-1-.20 of this chapter, the
product shall be legibly and conspicuously marked by stamping or printing on
the casing the words "artificially colored."
2. If a casing is removed from product at an
official establishment and there is evidence of artificial coloring on the
surface of the product, the product from which the casing has been removed
shall be marked by stamping directly thereon the words "artificially
colored."
3. The casing containing
product need not be marked to show that it is colored if it is colored prior to
its use as a covering for the product, and the coloring is of a kind and so
applied as not to be transferable to the product and not to be misleading or
deceptive in any respect.
(d) When an approved artificial smoke
flavoring or an approved smoke flavoring is added to any meat food product such
as permitted in
40-10-1-.20 of this chapter, the
product shall be legibly and conspicuously marked with the words "Artificial
Smoke Flavoring Added," whichever may be applicable.
(e) Subject to the provisions in paragraph
(a) of this section, in the case of sausage of the smaller varieties, the
markings prescribed in this section may be limited to links bearing the
official inspection legend, and such markings shall not be required if the
sausages are packed in properly labeled containers having a capacity of 3
pounds or less and of a kind usually sold at retail intact. Further, all
markings otherwise required by this section (except those required by paragraph
(a) of this section) may be omitted from the casings of sausage and other meat
food products when these products are to be processed in sealed metal
containers properly labeled in accordance with the requirements in
40-10-1-.19 of this
chapter.
(f) When an approved
antioxidant is added to any meat food product as permitted in
40-10-1-.20 and .21 of this chapter,
the products shall be legibly and conspicuously marked in an approved manner
identifying the specific antioxidant used by its common name or approved
abbreviation and the purpose for which it is added, such as "BHA, BHT, and
Propylgallate" added to help protect flavor.
(g) Sausage of the dry varieties treated with
potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by
40-10-1-.20 of this chapter shall be
marked as prescribed in
40-10-1-.19(8)(b)28.
of this chapter.
(12)
Reserved.
(13) Marking of outside
containers:
(a) Except as provided in this
chapter, when any inspected and passed product for domestic commerce is moved
from an official establishment, the outside container shall bear an official
inspection legend as prescribed in
40-10-1-.14 of this
chapter.
(b) When any product
prepared in an official establishment for domestic commerce has been inspected
and passed and is enclosed in a cloth or other wrapping, such wrapping shall
bear the official inspection legend and official establishment number applied
by the approved 2 1/2-inch rubber brand in the form prescribed in
40-10-1-.14 of this chapter:
Provided, That the rubber brand may be omitted if the official inspection
legend and the official establishment number on the product itself are clearly
legible through the wrapping or the wrapping is labeled in accordance with
40-10-1-.19 of this chapter:
Provided further, that plain unprinted wrappings, such as stockinettes, cheese
cloth, paper and crinkled paper bags, for properly marked products, which are
used solely to protect the product against soiling or excessive drying during
transportation or storage need not bear the official inspection
legend.
(c) Reserved.
(d) Slack barrels used as outside containers
of products shall have a cloth or paper top covering branded with the official
inspection legend containing the official establishment number which shall be
applied in such a manner that removal of the covering results in defacing such
official inspection legend.
(e) The
outside containers of any product which has been inspected and passed for
cooking, pork which has been refrigerated as provided in
40-10-1-.20(10)(c)
of this chapter, and beef which has been inspected and passed for refrigeration
shall bear the markings and tag prescribed elsewhere in this chapter.
(f) The outside container of glands and
organs which are not used for human food purposes shall be plainly marked with
the phrase "For pharmaceutical purposes," "For organotherapeutic purposes" or
"For technical purposes", as appropriate, with no reference to inspection, and
need not bear other markings otherwise required under the regulations in this
chapter.
(g) Approval in accordance
with 40-10-1-.19(3) of
this chapter is not required by labeling information which is not false or
misleading and is in accordance with
40-10-1-.19(2) of
this chapter if it is applied by stencils, box dies, other marking devices or
labels on outside containers such as tierces, crates, barrels, drums, boxes and
fiberboard containers, and if the information is approved by the officer in
charge and does not contain any official inspection legends and if the
containers on which it is to be used will bear all labels and markings required
by 40-10-1-.19(2) of
this chapter and other provisions of this part and 40-10-1.19 of this
chapter.
(h) The outside containers
of condemned livers shall be marked as prescribed in
40-10-1-.16(10) of
this chapter.
(i) The outside
containers of any equine product shall be marked to show the kinds of animals
from which derived, when the products are sold, transported, offered for sale
or transported or received for transportation in commerce.
(14) Marking tank cars and tank trucks used
in transportation of edible products:
(a) Each
tank car and each tank truck carrying inspected and passed product from an
official establishment shall bear a label containing the name of the product in
accordance
40-10-1-.19(2) of
this chapter, the official inspection legend containing the number of the
official establishment and the words "date of loading," followed by a suitable
space in which the inspector shall insert the date when the tank car or truck
is loaded. The label shall be conspicuously located and shall be printed on
material of such character and so affixed as to preclude detachment or
effacement upon exposure to the weather. Before the car or truck is removed
from the place where it is unloaded, the carrier shall remove or obliterate
such label.
(b) Tank cars and tank
trucks carrying inspected and passed product from an official establishment to
another official establishment shall be equipped for sealing and securely
sealed by a Program employee with an official seal of the Department bearing
the official inspection legend as prescribed by
40-10-1-.14 of this
chapter.
(15) Marking
outside containers of inedible grease, etc.:
(a) Outside containers of inedible grease,
inedible tallow, or other inedible animal fat, or mixture of any such articles,
resulting from operations at any official establishment shall be marked
conspicuously with the word "inedible" prior to removal from the point of
filling. Containers, such as tierces, barrels, and half barrels shall have both
ends painted white with durable paint, if necessary, to provide a contrasting
background, and the word "inedible" shall be marked thereon in letters not less
than 2 inches high, while on tank cars and tank trucks the letters shall be not
less than 4 inches high.
(b)
Inspected rendered animal fat which is intended not to be used for human food
may also be marked "inedible" if handled as provided in paragraph (a) of this
section and
40-10-1-.16 of this
chapter.
(16) Custom
prepared products to be marked "Not for Sale." Carcasses and parts therefrom
that are prepared on a custom basis under
40-10-1-.04(1)(a)2.
of this chapter shall be marked at the time of preparation with the term "Not
for Sale" in letters at least three eighths inch in height, except that such
products need not be so marked if in immediate containers properly labeled in
accordance with the regulations in
40-10-1-.19(16) of
this chapter. Ink used for marking such products must comply with the
requirements of
40-10-1-.18(5).
Notes
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