Ga. Comp. R. & Regs. R. 40-10-1-.19 - Labeling, Marking Devices, and Containers
(1) Labels required; supervision by Program
Employee.
(a) When, in an official
establishment, any inspected and passed product is placed in any receptacle or
covering constituting an immediate container, there shall be affixed to such
container a label as described in
40-10-1-.19(2)
except that the following do not have to bear such a label.
1. Wrappings of dressed carcasses and primal
parts in an unprocessed state, bearing the official inspection legend, if such
wrappings are intended solely to protect the product against soiling or
excessive drying during transportation or storage, and the wrappings bear no
information except company brand names, trade marks, or code numbers which do
not include any information required by
40-10-1-.19(2).
2. Uncolored transparent
coverings, such as cellophane, which bear no written, printed or graphic matter
and which enclose any unpackaged or packaged product bearing all markings
required by
40-10-1-.18 of this chapter which
are clearly legible through such coverings;
3. Animal and transparent artificial casings
bearing only the markings required by
40-10-1-.18 of this
chapter.
4. Stockinettes used as
"operating devices", such as those applied to cured meats in preparation for
smoking, whether or not such stockinettes are removed following completion of
the operations for which they are applied;
5. Containers such as boil-in bags, trays of
frozen dinners, and pie pans which bear no information except company brand
names, trademarks, code numbers, directions for preparation and serving
suggestions, and which are enclosed in a consumer size container that bears a
label as described in
40-10-1-.19(2).
6. Containers of products passed for cooking
or refrigeration and moved from an official establishment under
40-10-1-.13(1) of
this chapter.
(b)
Folders and similar coverings made of paper or similar materials which do not
completely enclose the product and which bear any written, printed, or graphic
matter shall bear all features required on a label for an immediate
container.
(c) No covering or other
container which bears or is to bear a label shall be filled, in whole or part,
except with product which has been inspected and passed in compliance with the
regulations in this chapter, which is not adulterated and which is strictly in
accordance with the statements on the label. No such container shall be filled,
in whole or part, and no label shall be affixed thereto, except under the
supervision of a Program employee.
(2) Labels: definitions; required features.
(a) A label within the meaning of this part
shall mean a display of any printing, lithographing, embossing, stickers,
seals, or other written printed or graphic matter upon the immediate container
(not including package liners) of any product.
(b) Any word, statement, or other information
required by this part to appear on the label must be prominently placed thereon
with such conspicuousness (as compared with other words, statements, designs or
devices, in the labeling) and in such terms as to render it likely to be read
and understood by the ordinary individual under customary conditions of
purchase and use. In order to meet this requirement such information must
appear on the principal display panel except as otherwise permitted in this
part.
(c) Labels of all products
shall show the following information on the principal display panel (except as
otherwise permitted in this part), in accordance with the requirements of this
part or, if applicable,
40-10-1-.21 of this chapter:
1. The name of the product, which in the case
of a product for which a definition and standard of identity or composition is
prescribed in
40-10-1-.21 of this chapter, shall
be the name, if any, of the food specified in the standard, and otherwise shall
be the common or usual name of the food, if any there be, and if there is none
a truthful descriptive designation;
2. The word "ingredients" followed by a list
of the ingredients if the product is fabricated from two or more
ingredients;
3. The name and place
of business of the manufacturer, packer or distributor for whom the product is
prepared;
4. An accurate statement
of the net quantity of the contents;
5. An official inspection legend and, except
as otherwise permitted in paragraph (i) of this section, the number of the
official establishment, in the form as required by
40-10-1-.14 of this
chapter.
6. Any other information
required by the regulations in this part or part
40-10-1-.21 of this
chapter.
(d) The
principal display panel shall be the part of a label that is most likely to be
displayed, presented, shown, or examined under customary conditions of display
for sale. Where packages bear alternate principal display panels, information
required to be placed on the principal display panel shall be duplicated on
each principal display panel. The principal display panel shall be large enough
to accommodate all the mandatory label information required to be placed
thereon by this part and
40-10-1-.21 of this chapter with
clarity and conspicuousness and without obscuring of such information by
designs or vignettes or crowding. In determining the area of the principal
display panel, exclude tops, bottoms, flanges at tops and bottoms of cans, and
shoulders and necks of bottles or jars. The principal display panel will be:
1. In the case of a rectangular package, one
entire side, the area of which is at least the product of the height times the
width of that side;
2. In the case
of a cylindrical or nearly cylindrical container:
(i) An area that is 40 percent of the product
of the height of the container times the circumference of the container;
or
(ii) an area at least one-third
of the product of the height times the circumference of the container; if
immediately to the right or left of, such area, there is an area reserved for
information prescribed in paragraphs (c)2., 3., and 5. of this section, equal
to not more than 20 percent of the circumference.
3. In the case of a container of any other
shape, 40 percent of the total surface of the container.
(e) Any descriptive designation used as a
product name for a product which has no common or usual name shall clearly and
completely identify the product. Product which has been prepared by salting,
smoking, drying, cooking, chopping, or otherwise shall be so described on the
label unless the name of the product implies, or the manner of packaging shows
that the product was subjected to such preparation. The unqualified terms
"meat," "meat byproduct," "meat food product," and terms common to the meat
industry but not common to consumers such as "picnic butt," "cala," "square
loaf," "spread," "delight," "roll," "plate luncheon," and "daisy" shall not be
used as names of a product unless accompanied with terms descriptive of the
product or with a list of ingredients, as deemed necessary in any specific case
by the Commissioner in order to assure that the label will not be false or
misleading.
(f)
1. On containers of frozen dinners, entrees,
pizzas and similarly packaged products in cartons, the ingredient statement may
be placed on the front riser panel; Provided, That the words "see ingredients"
followed immediately by an arrow is placed on the principal display immediately
above the location of such statement: Provided further, That such front riser
panel is used solely to show the ingredient statement.
2. The list of ingredients shall show the
common or usual names of the ingredients arranged in the descending order of
predominance, except as otherwise provided in this paragraph.
(i) The term "flavorings" may be used to
designate natural spices, essential oils, oleoresins, and other natural spice
extractives, and the term "spices" may be used to designate natural spices,
without naming each.
(ii) The term
"corn syrup" may be used to designate either corn syrup or corn syrup
solids.
(iii) The term "animal and
vegetable fats" or "vegetable and animal fats" may be used to designate the
ingredients of mixtures of such edible fats in product designated "compound" or
"Shortening". "Animal fats" as used herein means fat derived from inspected and
passed cattle, sheep, swine or goats.
(iv) When a product is coated with pork fat,
gelatin, or other approved substance and a specific declaration of such coating
appears contiguous to the name of the product, the ingredient statement need
not make reference to the ingredients of such coating.
(v) When two meat ingredients comprise at
least 70 percent of the meat and meat byproduct ingredients of a formula and
when neither of the two meat ingredients is less than 30 percent by weight of
the total meat and meat byproducts used, such meat ingredients may be
interchanged in the formula without a change being made in the ingredients
statement on labeling materials, provided that the word "and" in lieu of a
comma shall be shown between the declaration of such meat ingredients in the
statement of ingredients.
(g) Name and Address required.
1. The name of the person that prepared the
product or the name of the operator of the official establishment where the
product is prepared by a subsidiary or tenant of the operator may appear as the
name of the manufacturer or packer without qualification on the label.
Otherwise the name of the distributor of the product shall be shown with a
phrase such as "Prepared for" or "Distributed by _____" The place of business
of the manufacturer, packer, or distributor shall be shown on the label by
city, State, and postal zip code when such business is listed in a telephone or
city directory and if not listed in such directory the place of business shall
be shown by street address, city, State, and postal zip code.
2. The name and place of business of the
manufacturer, packer, or distributor may be shown:
(i) On the principal display panel,
or
(ii) On the 20 percent panel
adjacent to the principal display panel reserved for required information,
or
(iii) On the front riser panel
of frozen food cartons.
(h) Statement of net quantity
1. The statement of net quantity of contents
shall appear on the principal display panel in easily legible and conspicuous
bold-face print or type in distinct contrast to other matter on the package and
shall be declared in accordance with the provisions of subparagraphs 1. through
9. of this paragraph (h).
2. The
statement as it is shown on a label shall not be false or misleading and shall
accurately reveal the quantity of food in the package exclusive of wrappers and
packing substances. For example, when any product is enclosed in a container
along with a packing substance such as brine, vinegar, or agar jelly, the
statement of the quantity of contents shall represent the weight of the drained
product when removed from the container, to the exclusion of the packing
substance. Unless the statement of net quantity of contents is so qualified as
to show that it expresses the minimum quantity, it shall be taken to express
the actual quantity. When the statement expresses the minimum quantity, no
variation below the stated minimum shall be permitted, and variations above the
stated minimum shall be no greater than consistent with filling the container
to the stated minimum in accordance with good commercial practice. When the
statement purports to express actual quantity, variations incident to packaging
in accordance with good commercial practice as set forth in the Manual of Meat
Inspection procedures shall be allowed but the average net weight of the
packages in each lot, determined on the basis of representative samples, shall
not be less than the quantity stated.
3. The statement shall be placed on the
principal display panel within the bottom 30 percent of the area of the panel
in lines generally parallel to the base: Provided: That on packages having a
principal display panel of 5 square inches or less, the requirement for
placement within the bottom 30 percent of the area of the label panel shall not
apply when the statement meets the other requirements of this paragraph (h).
The declaration may appear in more than one line. The terms "net weight" or
"Net Wt." shall be used when stating the net quantity of contents in terms of
weight, and the term "net contents" when stating the net quantity of contents
in terms of fluid measure.
4. The
statement shall be expressed in terms of avoirdupois weight or liquid measure.
Where no general consumer usage to the contrary exists, the statement shall be
in terms of liquid measure, if the product is liquid; or in terms of weight, if
the product is solid, semisolid, viscous, or a mixture of solid and liquid. For
example a declaration of 3/4 pound avoirdupois weight shall be expressed as
"Net Wt. 12 oz." except as provided for in subparagraph 5. of this paragraph
for random weight packages; a declaration of 1 1/2 pounds avoirdupois weight
shall be expressed as "Net Wt. 24 oz. (1 lb. 8 oz.)," "Net Wt. 24 oz. (1 1/2
lb.)," or "Net Wt. 24 oz. (1.5 lbs.)."
5. On packages containing 1 pound or 1 pint
and not more than 4 pounds or 1 gallon, the statement shall be expressed as a
dual declaration both in ounces and (immediately thereafter in parenthesis) in
pound, with any remainder in terms of ounces or common or decimal fraction of
the pound, or in the case of liquid measure, in the largest whole units with
any remainder in terms of fluid ounces or common or decimal fractions of the
pint or quart, except that on random weight packages the statement shall be
expressed in terms of pounds and decimal fractions of the pound carried out to
not more than two decimal places, for packages over 1 pound, and for packages
which do not exceed 1 pound, the statement may be in decimal fractions of the
pound in lieu of ounces.
6. The
statement shall be in letters and numerals in type size established in
relationship to the area of the principal display panel of the package and
shall be uniform for all packages of substantially the same size by complying
with the following type size specifications:
(i) Not less than one-sixteenth inch in
height on packages, the principal display panel of which has an area of 5
square inches or less;
(ii) Not
less than one-eighth inch in height on packages, the principal display panel of
which has an area of more than 5 but not more than 25 square inches;
(iii) Not less than three-sixteenths inch in
height on packages, the principal display panel of which has an area of more
than 25 but not more than 100 square inches;
(iv) Not less than one-quarter inch in height
on packages, the principal display panel of which has area of more than 100 but
not more than 400 square inches;
(v) Not less than one-half inch in height on
packages, the principal display panel of which has an area of more than 400
square inches.
7. The
ratio of height to width of letters and numerals shall not exceed a
differential of 3 units to 1 unit (no more than 3 times as high as it is wide).
Heights pertain to upper case or capital letters. When upper case and lower
case or all lower case letters are used, it is the lower case letter "o" or its
equivalent that shall meet the minimum standards. When fractions are used, each
component numeral shall meet one-half the height standards.
8. The statement shall appear as a distinct
item on the principal display panel and shall be separated by a space at least
equal to the height of the lettering used in the statement from other printed
label information appearing above or below the statement and by a space at
least equal to twice the width of the letter "N" of the style of type used in
the quantity of contents statement from other printed label information
appearing to the left or right of the statement. It shall not include any term
qualifying a unit of weight, measure, or count such as "jumbo quart," "full
gallon," "giant quart," "when packed," "Minimum" or words of similar
import.
9. The following exemptions
from the requirements contained in this paragraph (h) are hereby established:
(i) Individually wrapped and labeled packages
of less than 1/2 ounce net weight shall be exempt from the required statement
of net quantity of contents specified in this paragraph (h) when the statement
of net quantity of contents on the shipping container meets the requirements of
this paragraph (h);
(ii) Random
weight packages bearing labels declaring net price, price per pound, and total
price, shall be exempt from the type size, dual declaration and placement
requirements of this paragraph (h), if an accurate statement of net weight is
shown conspicuously on the principal display panel of the package;
(iii) Reserved.
(iv) Sliced shingle packed bacon in
rectangular packages containing 8 ounces, 1 pound, or 2 pounds are exempt from
the requirements of paragraphs (3) and (5) of this paragraph regarding the
placement of the statement of the net quantity of contents within the bottom 30
percent of the principal display panel and that the statement be expressed both
in ounces and in pounds if the statement appears as "8 oz.," "1/2 pound," "1
pound," "one pound," "2 pounds," or "two pounds," as the case may be, in a
conspicuous manner on the principal display panel.
10. Labels for containers which bear any
representation as to the number of servings contained therein shall bear,
contiguous to such representation, and in the same size type as is used for
such representation, a statement of the net quantity of each serving.
11. As used in this section a "random weight
package" is one which is one of a lot, shipment, or delivery of packages of the
same product with varying weights and with no fixed weight pattern.
12. On a multi unit retail package, a
statement of the net quantity of contents shall appear on the outside of the
package and shall include the number of individual units, the quantity of each
individual unit and, in parentheses, the total net quantity of contents of the
multiunit package in terms of avoirdupois or fluid ounces, except that such
declaration of total quantity need not be followed by an additional
parenthetical declaration in terms of the largest whole units and subdivisions
thereof, as required by subparagraph 5. of this paragraph. For the purposes of
this section, "multiunit retail package" means a package containing two or more
individually packaged units of the identical commodity and in the same
quantity, with the individual packages intended to be sold as part of the
multiunit retail package but capable of being individually sold in full
compliance with all requirements of the regulations in this part. Open
multiunit retail packages that do not obscure the number of units and the
labeling thereon are not subject to this paragraph if the labeling of each
individual unit complies with the requirements of subparagraphs 2., 3., 6. and
8. of this paragraph.
13. Shingle
packed sliced bacon cartons containing product weighing other than 8 ounces, 1
pound, or 2 pounds shall have the statement of the quantity of contents shown
with the same prominence as the most conspicuous feature on the label and
printed in a color of ink contrasting sharply with the background.
(i) Establishment number:
1. The establishment number shall be either
embossed or lithographed on all hermetically sealed containers of inspected and
passed product filled in an official establishment, except that such containers
which bear labels lithographed directly on the container and in which the
establishment number is incorporated need not have the establishment number
separately embossed or lithographed thereon. Labels shall not be affixed to
containers so as to obscure the embossed or lithographed establishment
number.
2. When any product is
placed in a carton or wrapper of paper or cloth or in any other type of
container approved by the Commissioner, which is labeled in accordance with
this part, the official inspection legend and the establishment number as
specified in paragraph (c) of this section, may be applied by means of a
sticker to be securely and prominently affixed, along with the name of product,
at a place on the label reserved and designated for the purpose. In case there
are two or more display panels featuring the name of product, the inspection
sticker shall be affixed to the principal panel.
3. The official establishment number may be
omitted from the official inspection legend on cartons used as outer containers
of edible fats, such as lard and oleomargarine, when such products are enclosed
in wrappers which bear an official inspection legend containing the official
establishment number.
4. The
official establishment number may be omitted from the official inspection
legend on the immediate containers of sliced bacon, frozen dinners and pies,
and similarly packaged products when the official establishment number is
placed on an end panel at the time of packaging and when it is presented on a
single colored background in a prominent and legible manner in a size
sufficient to insure easy recognition.
5. The official establishment number may be
omitted from the official inspection legend on consumer size packages of sliced
meat food products when the official establishment number is printed on the
label at the time of packaging and when it is presented on a single colored
background in a prominent and legible manner in a size sufficient to insure
easy recognition.
6. The official
establishment number may be omitted from the official inspection legend on
consumer size containers of meat food products in aluminum pans or trays when
the official establishment number is embossed in such pans or trays and when a
statement such as "Est. No. on Pan" is placed contiguous to the official
inspection legend on the container.
7. The official establishment number may be
omitted from the official inspection legend printed on artificial casings or
bags enclosing meat food products when the official establishment number is
etched in ink on a flat surface of a metal clip used to close the container in
a prominent and legible manner in a size sufficient to insure easy recognition
and when a statement, such as, "Est. No. on Metal Clip" is placed contiguous to
the official inspection legend on the casing or bag.
8. The official establishment number may be
omitted from the official inspection legend printed on paper labels of canned
products when the official establishment number is printed on the principal
display panel at the time of labeling the container, or the official
establishment number may be printed on the back of the paper label when the
statement "Est. No. on Back of Label" is printed contiguous to the official
legend, in a prominent and legible manner in a size sufficient to insure easy
recognition.
(j) Labels
of any product within any of the following paragraphs shall show the
information required by such paragraph for such product:
1. A label for product which is in imitation
of another food shall bear the word "imitation" immediately preceding the name
of the food imitated and in the same size and style of lettering as in that
name and immediately thereafter the word "ingredients" and the names of the
ingredients arranged in the order of their predominance. This subparagraph 1.
shall not apply to any part of a carcass, however prepared.
2. If a product purports to be or is
represented for any special dietary use by man, its label shall bear a
statement concerning its vitamin, mineral, and other dietary properties upon
which the claim for such use is based in whole or in part and shall be in
conformity with regulations (21 CFR Part 125) established pursuant to sections
201, 403, and 701 of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
321,
343,
371).
3. When an approved artificial smoke
flavoring or an approved smoke flavoring is added to meat food products, as
permitted in
40-10-1-.20 of this chapter, there
shall appear on the label, in prominent letters and contiguous to the name of
the product, a statement such as "Artificial Smoke Flavoring Added" or "Smoke
Flavoring Added," as may be applicable, and the ingredient statement shall
identify any artificial smoke flavoring as such.
4. When any other artificial flavoring is
added to product as permitted under
40-10-1-.20 of this chapter, there
shall appear on the label in prominent letters and contiguous to the name of
the product, the words "Artificially flavored" or "Artificial flavoring added"
or "With added artificial flavoring." The ingredient statement shall identify
it as an artificial flavoring.
5.
Artificial coloring of edible fats shall be declared on the label in a
prominent manner and contiguous to the name of the product by the words
"Artificially colored" or "Artificial coloring added" or "With added artificial
coloring."
6. When product is
placed in a casing to which artificial coloring is applied, as permitted under
40-10-1-.20 of this chapter, there
shall appear on the label, in a prominent manner and contiguous to the name of
the product the words "Artificially colored."
7. If a casing is removed from product at an
official establishment and there is evidence of artificial coloring on the
surface of the product, there shall appear on the label, in a prominent manner
and contiguous to the name of the product, the words, "Artificially
colored."
8. When a casing is
colored prior to its use as a covering for product and the color is not
transferred to the product enclosed in the casing, no reference to color need
appear on the label but no such casing may be used if it is misleading or
deceptive with respect to color, quality, or kind of product, or
otherwise.
9. Product which bears
or contains any other artificial coloring, as permitted under
40-10-1-.19 of this chapter, shall
bear a label stating that fact on the immediate container or if there is none
on the product.
10. When an
antioxidant is added to product as permitted under
40-10-1-.20 of this chapter, there
shall appear on the label in prominent letters and contiguous to the name of
the product, a statement showing that fact and the purpose for which it is
added, such as "oxygen interceptor added to improve stability."
11. Reserved.
12. Containers of other product packed in or
bearing or containing any chemical preservative shall bear a label stating that
fact.
(k) Packaged
products which require special handling to maintain their wholesome condition
shall have prominently displayed on the principal display panel of the label,
the statement "Keep refrigerated" or "Perishable keep under refrigeration......
Keep frozen," or such similar statement as the Commissioner may approve. For
such canned products the statement shall be shown in upper case letters
one-fourth inch in height for containers having a net weight of 3 pounds or
less, and for containers having a net weight over 3 pounds the statement shall
be shown in letters one half inch in height.
(3) Approval of abbreviations of marks of
inspection; preparation of marking devices bearing inspection legend without
advance approval prohibited; exception.
(a)
The Commissioner may approve and authorize the use of abbreviations of marks of
inspection under the regulations of this chapter. Such abbreviations shall have
the same force and effect as the respective marks for which they are authorized
abbreviations.
(b) Except for the
purpose of submitting a sample or samples of the same to the Commissioner for
approval, no person shall procure, make, or prepare, or cause to be procured,
made, or prepared, labels, brands, or other marketing devices bearing the
inspection legend or any abbreviations, copy or representation thereof, for use
on any product without the written authority therefor of the Commissioner.
However, when any sample label, brand, or other marking device is approved by
the Commissioner, new supplies of such labels and new brands and other marking
devices of a character exactly similar to such approved sample may be procured,
made, or prepared, for use in accordance with the regulations in this chapter,
without further approval by the Commissioner.
(4) Labels to be approved by Commissioner.
(a) Except as provided in paragraph (d) of
this section no label shall be used on any product until it has been approved
in its final form by the Commissioner. For the convenience of the establishment
sketches or proofs of new labels may be submitted in triplicate through the
officer in charge to the Program for approval and the preparation of finished
labels deferred until such approval is obtained: All finished labels shall be
submitted in triplicate through the officer in charge to the Program for
approval.
(b) In case of
lithographed labels, paper takeoffs in lieu of sections of the metal containers
shall be submitted for approval. Such paper takeoffs shall not be in the form
of a negative but shall be a complete reproduction of the label as it will
appear on the package, including any color scheme involved. In case of fiber
containers, printed layers, such as the kraft paper sheet, shall be submitted
for approval in lieu of the complete container.
(c) Inserts, tags, liners, pasters, and like
devices containing printed or graphic matter and for use on, or to be placed
within, containers and coverings of product shall be submitted for approval in
the same manner as provided for labels in paragraph (a) of this section, except
that officers in charge may permit use of such devices which contain no
reference to product and bear no misleading feature.
(d) Stencils, labels, box dies, and brands
may be used on shipping containers and on such immediate containers as tierces,
barrels, drums, boxes, crates, and large-size fiberboard containers provided
the markings are applicable to the product, are not false or deceptive, and are
used with the approval of the officer in charge. The inspection legend for use
in combination with such markings shall be approved by the
Commissioner.
(5)
Officer in charge to permit certain modifications of approved labels. The
officer in charge may permit modification of approved labels or markings, under
the following circumstances, provided the labeling or markings as modified is
so used as not to be false or misleading:
(a)
When all features of the label or marking are proportionately enlarged and the
color scheme remains the same.
(b)
When changes are made in the figures denoting the quantity of contents or when
there is substitution of such abbreviations as "lb." for pound, or "oz." for
ounce, or the word "pound" or "ounce" is substituted for the
abbreviation;
(c) When a master or
stock label is approved, from which the name and address of the distributor are
omitted and such name and address are applied before being used, the words
"prepared for" or similar statement must be shown together with the blank space
reserved for the insertion of the name and address when such labels are offered
for approval;
(d) When, during
Christmas and other holiday seasons, wrappers or other covers bearing floral or
foliage designs or illustrations of rabbits, chicks, fireworks, or other
emblematic holiday designs are used with approved labels or markings. The use
of such designs will not make necessary the application of labeling not
otherwise required;
(e) When there
is a slight change in arrangement pertaining to the opening of cans or the
serving of the product;
(f) When
there is a change in the quantity of an ingredient shown in the formula without
a change in the order of predominance shown on the label: Provided, that the
change in quantity of ingredients complies with any minimum or maximum limits
for the use of such ingredients prescribed in
40-10-1-.20 and
40-10-1-.21 of this
chapter.
(6) Approved
labels to be used only on products to which they are applicable. Labels shall
be used only on products for which they are approved, and only if they have
been approved for such products in accordance with
40-10-1-.18(3):
Provided, That existing stocks of labels approved prior to the effective date
of this section and which bear the official inspection legend and all other
information required by subparagraph (3) and subparagraphs (5) through (11) of
paragraph 1.(K) of the Act and comply with subparagraphs (1) and (2) of
paragraph 1.(K) of the Act, and the quantity of which has been identified to
the officer in charge as being in storage on said date at the official
establishment or other identified warehouse for the account of the operator of
the official establishment, may be used until such stocks are exhausted, but
not later than 6 months after the effective date of this section unless such
labels conform to all the requirements of this part and
40-10-1-.20 of this chapter. The
Commissioner may upon the show of good cause grant individual extension of time
as he deems necessary.
(7)
Reserved.
(8) Misleading or false
labeling or practices generally; specific prohibitions and requirements for
labels and containers:
(a) No product or any
of its wrappers, packaging or other containers shall bear any false or
misleading marking, label or other labeling and no statement, word, picture,
design, or device which conveys any false impression or gives any false
indication of origin or quality or is otherwise false or misleading shall
appear in any marking or other labeling. No product shall be wholly or partly
enclosed in any wrapper, packaging or other container that is so made, formed,
or filled as to be misleading.
(b)
The labels and container of products shall comply with the following
provisions, as applicable.
1. Terms having
geographical significance with reference to a locality other than that in which
the product is prepared may appear on the label only when qualified by the word
"style," "type" or "brand," as the case may be, in the same size and style of
lettering as in the geographical term, and accompanied with a prominent
qualifying statement identifying the country, State, Territory, or locality in
which the product is prepared, using terms appropriate to effect the
qualification. When the word "style" or "type" is used, there must be a
recognizable style or type of product identified with and peculiar to the area
represented by the geographical term and the product must possess the
characteristics of such style or type, and the word "brand" shall not be used
in such a way as to be misleading: Provided, That a geographical term which has
come into general usage as a trade name and which has been approved by the
Commissioner as being a generic term may be used without the qualifications
provided for in this paragraph. The terms "frankfurter," "vienna," "bologna,"
"lebanon bologna," "braunschweiger," "thuringer," "genoa," "leona," "Berliner,"
"Holstein," "goteborg," "milan," "polish," and their modifications, as applied
to sausages, the terms "brunswick" and "irish" as applied to stews, and the
term "Boston" as applied to pork shoulder butts need not be accompanied with
the word "style," "type," or "brand," or a statement identifying the locality
in which the product is prepared.
2. Such terms as "farm" or "country" shall
not be used on labels in connection with products unless such products are
actually prepared on the farm or in the country: Provided: That if the product
is prepared in the same way as on the farm or in the country, these terms, if
qualified by the word "style" in the same size and style of lettering, may be
used: Provided further, That the term "farm" may be used as part of a brand
designation when qualified by the word "brand" in the same size and style of
lettering, and followed with a statement identifying the locality in which the
product is prepared. Sausage containing cereal shall not be labeled "farm
style" or "country style", and lard not rendered in an open kettle shall not be
designated as "farm style" or "country style."
3. The requirement that the label shall
contain the name and place of business of the manufacturer, packer, or
distributor shall not relieve any establishment from the requirement that its
label shall not be misleading in any particular.
4. The term "spring lamb" or "genuine spring
lamb" is applicable only to carcasses of new-crop lambs slaughtered during the
period beginning March and terminating not beyond the close of the week
containing the first Monday in October.
5. Coverings:
(i) Coverings shall not be of such color,
design, or kind as to be misleading with respect to color, quantity, or kind of
product to which they are applied. For example, transparent or semitransparent
coverings for such articles as sliced bacon or pork sausage shall not bear
lines or other designs of red or other color which give a false impression of
leanness of the product. Transparent or semitransparent wrappers or coverings
for use in packaging cured, cured and smoked, or cured and cooked sausage
products, and sliced ready-to-eat meat food products may be color tinted or
bear red designs on 50 percent of such wrapping or covering: Provided, that the
principal display panel is free of color tinting and red designs; Provided
further, that the principal display panel provides at least 20 percent
unobstructed clear space, consolidated in one area so that the true nature and
color of the product is visible to the consumer.
(ii) Packages for sliced bacon that have a
transparent opening shall be designed to expose, for viewing, the cut surface
of a representative slice. Packages for sliced bacon which meet the following
specifications will be accepted as meeting the requirements of this
subparagraph provided the enclosed bacon is positioned so that the cut surface
of the representative slice can be visually examined:
(I) For shingled-packed sliced bacon, the
transparent window shall be designed to reveal at least 70 percent of the
length (longest dimension) of the representative slice, and this window shall
be at least 1/2 inches wide. The transparent window shall be located not more
than five-eighths inch from the top or bottom edge of a 1-pound or smaller
package and not more than three-fourths inch from either the top of bottom edge
of a package larger than 1 pound.
(II) For stack-packed sliced bacon, the
transparent window shall be designed to reveal at least 70 percent of the
length (longest dimension) of the representative slice and be at least 1 1/2
inches wide.
6. The word "fresh" shall not be used on
labels to designate product which contains any sodium nitrate, sodium nitrite,
potassium nitrate, or potassium nitrite, or which has been salted for
preservation.
7. No ingredient
shall be designated on the label as a spice, flavoring, or coloring unless it
is a spice, flavoring, or coloring, as the case may be, within the meaning of
such term as commonly understood by consumers. The term "spice" shall be shown
for all natural spices. An ingredient which is both a spice and a coloring, or
both a flavoring and a coloring, shall be designated as "spice and coloring,"
or "flavoring and coloring", as the case may be unless such ingredient is
designated by its specific name.
8.
As used on labels of product, the term "gelatin" shall mean the jelly prepared
in official establishments by cooking pork skins, tendons, or connective tissue
from inspected and passed product, and dry commercial gelatin or the jelly
resulting from its use.
9. Product
(other than canned product) labeled with the term "loaf" as part of its name:
(i) If distributed from the official
establishment in consumer size containers may be in any shape;
(ii) If distributed in a container of a size
larger than that sold intact at retail the product shall be prepared in
rectangular form, or as in subdivision (iii) of this subparagraph;
(iii) If labeled as an "Old Fashioned Loaf"
shall be prepared in a traditional form, such as rectangular with rounded top
or circular with flat bottom and rounded top.
10. The term "baked" shall apply only to
product which has been cooked by the direct action of dry heat and for a
sufficient time to permit the product to assume the characteristics of a baked
article, such as the formation of a brown crust on the surface, rendering out
of surface fat, and the carmelization of the sugar if applied. Baked loaves
shall be heated to a temperature of at least 160 degrees Fahrenheit, and baked
pork cuts shall be heated to an internal temperature of at least 170 degrees
Fahrenheit.
11. When products such
as loaves are browned by dipping in hot edible oil or by a flame, the label
shall state such fact, e.g., by the words, "Browned in Hot Cottonseed Oil" or
"Browned by a Flame," as the case may be, appearing as part of the name of the
products.
12. The term "meat" and
the names of particular kinds of meat, such as beef, veal, mutton, lamb, and
pork, shall not be used in such manner as to be false or misleading.
13. The word "ham," without any prefix
indicating the species of animal from which derived, shall be used in labeling
only in connection with pork hams. Ham shanks as such or ham shank meat as such
or the trimmings accruing in the trimming and shaping of hams shall not be
labeled ham or ham meat without qualification. When used in connection with a
chopped product the term "ham" or "ham meat" shall not include the
skin.
14. The terms "shankless" and
"hockless" shall apply only to hams and pork shoulders from which the shank or
hock has been completely removed, thus eliminating the entire tibia and fibula,
or radius and ulna, respectively, together with the overlying muscle, skin, and
other tissue.
15. Such terms as
"meat extract" or "extract of beef" without qualification shall not be used on
labels in connection with products prepared from organs or other parts of the
carcass, other than fresh meat than fresh meat. Extracts prepared from any
parts of the carcass shall not be labeled "meat extract" but may be properly
labeled with the true name of the parts from which prepared. In the case of
extract in fluid form, the word "fluid" shall also appear on the label, as, for
example, "fluid extract of beef."
16. When cereal, vegetable starch, starchy
vegetable flour, soy flour, soy protein concentrate, isolated soy protein,
dried milk, non-fat dry milk, or calcium reduced skim milk is added to sausage
within the limits prescribed in
40-10-1-.20 of this chapter, there
shall appear on the label in a prominent manner, contiguous to the name of the
product, the name of each such added ingredient, as, for example, "Cereal
Added," "With Cereal," "Potato Flour Added," "Cereal and Potato Flour Added,"
"Soy Flour Added," "Soy Protein Concentrate Added," "Isolated Soy Protein
Added," "Nonfat Dry Milk Added," "Calcium Reduced Skim Milk Added," or "Cereal
and Nonfat dry Milk Added," as the case may be.
17. When any product is enclosed in a
container along with a packing substance such as brine, vinegar, or agar jelly,
a declaration of the packing substance shall be printed prominently on the
label in connection with the name of the product, as for example, "frankfurters
packed in brine," "lamb tongue packed in vinegar," or "beef tongue packed in
agar jelly," as the case may be. The packing substance shall not be used in
such a manner as will result in the container being so filled as to be
misleading.
18. Leaf Lard is lard
prepared from fresh leaf fat.
19.
When lard or hardened lard is mixed with rendered pork fat or hardened rendered
pork fat, the mixture shall be designated as "rendered pork fat" or "hardened
rendered pork fat," as the case may be.
20. Oil, stearin, or stock obtained from beef
or mutton fats rendered at a temperature above 170 degrees Fahrenheit shall not
be designated as "oleo oil," "oleo stearin," or "oleo stock,"
respectively.
21. When not more
than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or
hardened vegetable fat is mixed with lard or with rendered pork fat, there
shall appear on the label, contiguous to and in the same size and style of
lettering as the name, of the product, the words "beef fat added," "mutton fat
added," "oleo stearin added," "vegetable stearin," whereas the designations
"vegetable fat added," as the case may be. If more than 20 percent is added,
the product name shall refer to the particular animal fat or fats added. For
example, "lard and beef fat." The designation "vegetable fat" is applicable to
vegetable oil, vegetable stearin, or a combination of such oils and stearin,
whereas the designations "vegetable oil" and "vegetable stearin" shall be
applicable only to the oil and stearin, respectively, when used in meat food
products.
22. Cooked, cured or
pickled pigs feet, pig knuckles, and similar products, shall be labeled to show
that the bones remain in the product, if such is the case. The designation
"semi-boneless" shall not be used if less than 50 percent of the total weight
of bones has been removed.
23. When
mono glycerides, diglycerides, and/or polyglycerol esters of fatty acids are
added to rendered animal fat or a combination of such fat and vegetable fat,
there shall appear on the label in a prominent manner and contiguous to the,
name of the product a statement such as "With Monoglycerides and Diglycerides
Added," or "With Diglycerides and Monoglycerides," or "With Polyglycerol Esters
of Fatty Acids" as the case may be.
24. Colored oleomargarine or colored
margarine packed for retail sale shall be in containers not exceeding one pound
capacity, labeled as follows:
(i) The word
"oleomargarine" or "margarine" shall appear on each principal display panel of
the container in type of lettering at least as large and in at least the same
prominence as any other type of lettering appearing on such
container;
(ii) A full and accurate
statement of all the ingredients contained in such oleomargarine or margarine
shall be prominently and informatively displayed contiguous to the word
"oleomargarine" or "margarine" wherever such word is featured on the container.
The ingredients shall be shown by their common or usual name and be arranged in
the order of their predominance. Collective terms such as "animal fat" and
"vegetable fat" shall not be used but the specific fat, oil, or stearin shall
be shown;
(iii) Each part of the
contents of the container shall be enclosed in a wrapper bearing the word
"oleomargarine" or "margarine" in type or lettering not smaller than 20 point
type;
(iv) Wrapped quarter pound
sticks or similar units of such oleomargarine or margarine packed together in a
container may constitute units for retail sale and they shall be individually
wrapped and labeled in accordance with subdivisions (i), (ii), and (iii) of
this subparagraph.
25.
When approved proteolytic enzymes are used on steaks or other meat cuts which
are frozen or cooked within the official establishment where they are produced,
there shall appear on the labels of the frozen or cooked cuts, contiguous to
the name of the products, a prominent descriptive statement such as "Dipped in
Solution of Papain," to indicate the use of such enzymes.
26. When dimethylpolysiloxane is added as an
antifoaming agent to rendered fats, its presence shall be declared on the label
contiguous to the name of the product. Such declaration shall read
"Dimethylpolysiloxane Added."
27.
When pizzas are formulated with crust containing calcium propionate or sodium
propionate, there shall appear on the label contiguous to the name of the
product the statement "________ added to retard spoilage of the crust" preceded
by the name of the preservative.
28. 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 or labeled with a statement disclosing such treatment and the purpose
thereof, such as "dipped in a potassium sorbate solution to retard mold
growth."
29. Meat of goats shall be
identified as goat meat or chevon.
30. The term "Chitterlings" shall apply to
the large intestines of swine, or young bovine animals when preceded with the
word "Calf" or "Veal". Meat food products that contain chitterlings or calf or
veal chitterlings, in accordance with .19(6)(b)8. of this subchapter shall be
identified with product names that refer to such ingredients, as for instance,
"Chitterling Loaf," "Chitterling Pie," or "Calf Chitterlings and Gravy," and
shall be packed in containers having a capacity of 3 pounds or less and of a
kind usually sold at retail intact and bearing such other information as is
required by this part.
31. Products
that contain blood from livestock as permitted by .21 of this subchapter shall
be labeled with a name that includes the term "blood," and the specific kind of
blood shall be declared in the ingredient statement, e.g., "Swine blood," in
the manner required by this part.
32. A calendar date may be shown on labeling
when declared in accordance with the provisions of this subparagraph:
(i) The calendar date shall express the month
of the year and the day of the month for all products and also the year in the
case of products hermetically sealed in metal or glass containers, dried or
frozen products, or any other products that the Commissioner finds should be
labeled with the year because the distribution and marketing practices with
respect to such products may cause a label without a year identification to be
misleading.
(ii) Immediately
adjacent to the calendar date shall be a phrase explaining the meaning of such
date, in terms of "packing" date, "sell by" date, or "use before" date, with or
without a further qualifying phrase, e.g., "For Maximum Freshness" or "For Best
Quality", and such phrases shall be approved by the Commissioner as prescribed
in (4).
33. When bread,
cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein
concentrate, or isolated soy protein is added in brotwurst as permitted in part
.21 of this subchapter, there shall appear on the label in a prominent manner
and contiguous to the product name, the name of such added ingredient, e.g.,
"Bread Added," "Cereal Added," or "Soy Protein Concentrate Added," as the case
may be.
34. The terms "All,"
"Pure," "100%," and terms of similar connotation shall not be used on labels
for products to identify ingredient content, unless the product is prepared
solely from a single ingredient.
(9) Labeling of equine products. The
immediate containers of any equine products shall be labeled to show the kinds
of animals from which derived, when the products are sold, transported, offered
for sale or transportation or received for transportation in
commerce.
(10) Reuse of official
inspection marks; reuse of containers bearing official marks, labels, etc.:
(a) No official inspection legend or other
official mark which has been previously used shall be used again for the
identification of any product, except as provided for in paragraph (b) of this
section;
(b) All stencils, marks,
labels, or other labeling on previously used containers, whether relating to
any product or otherwise, shall be obliterated or removed before such
containers are used for any product, unless such labeling correctly indicates
the product to be packed therein and such containers are refilled under the
supervision of a Program employee.
(11) Labeling, filling of containers,
handling of labeled products, to be only in compliance with regulations:
(a) No person shall apply or affix, or cause
to be applied or affixed, any label to any product prepared or received in an
official establishment, except in compliance with the regulations of this
chapter;
(b) No covering or other
container shall be filled, in whole or in part, at any official establishment,
with any product unless it has been inspected and passed in compliance with the
regulations in this chapter, is not adulterated, and is strictly in accordance
with the statements on the label, and such filling is done under the
supervision of a Program employee;
(c) No person shall remove, or cause to be
removed, from an official establishment any product bearing a label unless such
label is in compliance with the regulations in this chapter, or any product not
bearing a label required by such regulations.
(12) Relabeling products; requirements: When
it is claimed by an official establishment that some of its products which bore
labels bearing official marks has been transported to a location other than an
official establishment, and it is desired to relabel the product because the
labels have become mutilated or otherwise damaged, a request for Relabeling the
product shall be sent to the Commissioner accompanied with a statement of the
reasons therefor. Labeling material intended for relabeling inspected and
passed product shall not be transported from an official establishment unless
permission has been received from the Commissioner. The relabeling of inspected
and passed product with labels bearing any official marks shall be done under
the supervision of an inspector of the Program. The official establishment
shall reimburse the Program, in accordance with the regulations of the
Department, for any cost involved in supervising the relabeling of such
product.
(13) Labels, wrappers, and
containers bearing any official marks, with or without the establishment
number, may be transported from one official establishment to any other
official establishment provided such shipments are made with prior
authorization of the officer in charge at point of origin, who will notify the
officer in charge at destination concerning the date of shipment, quantity, and
type of labeling material involved. No such material shall be used at the
establishment to which it is shipped unless such use conforms with the
requirements of this chapter.
(14)
Reporting of obsolete labels. Once a year, or more often if it is necessary,
each official establishment shall submit to the Commissioner, in quadruplicate,
a list of approved labels no longer in use, accompanied with a statement
identifying the labels for which approval is no longer desired. The approved
labels shall be identified by the date of approval, and the name of the product
or other designation showing the class of labeling material.
(15) Reserved.
(16) Labeling and containers of custom
prepared product. Products that are custom prepared under
40-10-1-.04(1)(a)2.
of this subchapter must be packaged immediately after preparation and must be
labeled (in lieu of information otherwise required by this Part .17) with the
words "Not for Sale" in lettering not less than three eighths inch in height.
Such exempted custom prepared products or their containers may bear additional
labeling provided such labeling is not false or misleading.
(17) Interpretation and statement of labeling
policy for cured products; special labeling concerning nitrate and nitrite
(a) With respect to sections of the Act and
40-10-1-.19(2), any
substance mixed with another substance to cure a product must be identified in
the ingredients statement on the label of such product. For example, curing
mixtures composed of such ingredients as water, salt, sugar, sodium phosphate,
sodium nitrate, and sodium nitrite or other permitted substances which are
added to any product, must be identified on the label of the product by listing
each such ingredient in accordance with the provisions of
40-10-1-.19(2).
(b) Any product, such as bacon or pepperoni,
which is required to be labeled by a common or usual name or descriptive name
in accordance with .19(2)(c)1. of this Part and to which nitrate or nitrite is
permitted or required to be added may be prepared without nitrate or nitrite
and labeled with such common or usual name or descriptive name when immediately
preceded with the term "Uncured" as part of the product name in the same size
and style of lettering as the product name, provided that the product is found
by the Commissioner to be similar in size, flavor, consistency, and general
appearance to such product as commonly prepared with nitrate or nitrite or
both.
(c) Special labeling
requirement:
1. Products described in
paragraph (b) of this section or part .21(2) of this subchapter, which contain
no nitrate or nitrite shall bear the statement "No Nitrate" or "Nitrite Added."
This statement shall be adjacent to the product name in lettering of easily
readable style and at lease one-half the size of the product name.
2. Products described in paragraph (b) of
this section and part .21(2) of this subchapter shall bear, adjacent to the
product name in lettering of easily readable style and at least one-half the
size of the product name; the statement "Not Preserved--Keep Refrigerated Below
40 degrees Fahrenheit at all times" unless they have been thermally processed
to INFo/INF 3 or more (log reduction); they have been fermented or pickled to
pH of 4.6 or less; or they have been dried to a water activity of 0.92 or
less.
3. Products described in
paragraph (b) of this section and part .19(2) of this subchapter shall not be
subject to the labeling requirements of paragraphs (b) and (c) of this section
if they contain an amount of salt sufficient to achieve a brine concentration
of 10 percent or more.
(18) Reserved.
(19) Jar closures requirements. Vacuum packed
containers sealed with quick-twist, screw-on, or snap-on lids (or closures)
shall not have an annular space between the inner edge of the lid's rim (lip or
skirt) and the container itself or shall have such space sealed in a manner
that will make it inaccessible to filth and insects.
(20) Nutritional labeling of meat products
shall comply with the requirements of Code of Federal Regulations, 9 CFR,
Chapter 3, Part 317.300 through
317.400, inclusive.
(21) Safe Handling Instructions shall comply
with the requirements of Code of Federal Regulations, 9 CFR, Chapter, Part
317.2(1).
Notes
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