Section 909.3 - Labeling Approval(a) No final labeling shall be used on any product unless the sketch labeling of such final labeling has been submitted to the Department for approval, with a completed MPES Form 79-080 (Rev. 10/11) Label and Formulation Approval, and has been approved by the Department. The management of the official establishment must maintain a copy of all labeling used, along with the product formulation and processing procedures. Such records shall be made available to any duly authorized representative of the Department upon request.(b) The Department shall permit submission for approval of only sketch labeling, as defined in subsection (d) of this section, for all products, except as provided in section 909.13 of this Article and except for temporary use of final labeling as prescribed in subsection (f) of this section.(c) All labeling required to be submitted for approval as set forth in subsection (a) of this section shall be submitted, with a completed MPES Form 79-080 (Rev. 10/11) Label and Formulation Approval, in duplicate to the Department.(d) "Sketch" labeling is a printer's proof or equivalent which clearly shows all labeling features, size, location, and indication of final color, as specified in 9 CFR section 317.2 (2006) and in Directive 7220.1, Food Labeling Division Policy Memoranda, Revision 3 (August 2, 2005), published by the United States Department of Agriculture (USDA), Food Safety and Inspection Service. Copies of USDA directives and notices may be found at: http://www.fsis.usda.gov. The Department will accept sketches that are hand drawn, computer generated, or other reasonable facsimiles that clearly reflect and project the final version of the labeling. Indication of final color may be met by: submission of a color sketch, submission of a sketch which indicates by descriptive language the final colors, or submission with the sketch of previously approved final labeling that indicates the final colors.(e) Inserts, tags, liners, pasters, and like devices containing printed or graphic matter 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 labeling in subsection (a) of this section, except that such devices which contain no reference to product and bear no misleading features shall be used without submission for approval as prescribed in 9 CFR section 317.5(b)(7) (2006).(f) Consistent with the requirements of this section, temporary approval for the use of a final label or other final labeling that may otherwise be deemed deficient in some particular may be granted by the Department. Temporary approvals may be granted for a period not to exceed 180 calendar days, under the following conditions: (1) The proposed labeling would not misrepresent the product;(2) The use of the labeling would not present any potential health, safety, or dietary problems to the consumer;(3) Denial of the request would create undue economic hardship; and(4) An unfair competitive advantage would not result from the granting of the temporary approval.(5) Extensions of temporary approvals may also be granted by the Department provided that the applicant demonstrates that new circumstances, meeting the above criteria, have developed since the original temporary approval was granted.(g) The Department shall approve meat carcass ink brands and meat food product ink and burning brands, which comply with Article 9 of this subchapter.Cal. Code Regs. Tit. 3, § 909.3
1. New section filed 5-31-2007; operative 6-30-2007 (Register 2007, No. 22).
2. Change without regulatory effect amending subsections (a) and (c) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14). Note: Authority cited: Sections 407, 18693, 18735, 18960, 18961 and 19014, Food and Agricultural Code. Reference: Sections 18670, 18671 and 19017, Food and Agricultural Code; and 9 CFR section 317.5 (2006).
1. New section filed 5-31-2007; operative 6-30-2007 (Register 2007, No. 22).
2. Change without regulatory effect amending subsections (a) and (c) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).