Section 1256 - Marking and Labeling Inspected Products(a) The inspection mark or approved abbreviation thereof, as the case may be, shall be applied to the inspected and passed edible product or to the immediate container of such product. The inspection mark, or the approved abbreviation thereof, shall, when used on packaging material, be printed on such material or on a label to be affixed to the packaging material, and the name and address of the packer or distributor of such product must be legibly printed on the packaging material or label. Notwithstanding the foregoing, the name and address of the packer or distributor, if appropriately shown elsewhere on the labeling material, may be omitted from insert labels and giblet wrappers which bear an official identification, provided, the applicable establishment number is shown.(b) No label shall be used on any immediate or shipping container until it has been approved in its final form by the Department. For the convenience of the establishments, sketches or proofs of new labels may be submitted in duplicate, with a completed MPES Form 79-080 (Rev. 10/11), Label and Formulation Approval, which is incorporated by reference, for approval and the preparation of finished labels deferred until such approval is obtained. All finished labels shall be submitted in quadruplicate, with a completed MPES Form 79-080 (Rev. 10/11), to the Department for approval.(c) Each trade label approved for use pursuant to Article 17 of these regulations with respect to any inspected and passed product shall bear the following information:(1) The common or usual name of the edible product;(2) The name and address of the packer or distributor, and when the name of the distributor is shown, it shall be qualified by such terms as "packed for," "distributed by" or "distributors";(3) A statement of the net weight of the product;(5) The plant number of the official establishment in which the product was inspected and passed; and(6) A statement of ingredients, if the edible product is made up of two or more ingredients; such ingredients shall be listed by their common or usual names in the order of descending proportion.(d) A product fabricated from two or more ingredients shall bear a list of the ingredients, giving the common or usual names of the ingredients arranged in order to their predominance, except that spices may be designated as "spices" or "flavorings" and flavorings (including essential oils, oleoresins, and other spice extractives) may be designated as "flavorings" without naming each.(e) Copies of each trade label submitted for approval pursuant to Articles 17 and 18 of these regulations shall, when the Department requires, be accompanied by a statement showing the kinds and percentages of the ingredients comprising the edible product with respect to which the label is used. Approximate percentages may be given in cases where the percentages of ingredients may vary from time to time, if the limits of variation are stated.(f) Labeling chicken parts. (1) When labels are approved for chicken parts, there is a definite way that the chicken must be cut up in order that the approved labels will be appropriate for the various parts. Chicken legs are to be thighs and drumsticks in equal numbers. The meat on the pelvic bones (so-called oysters) must remain on the pelvic bones, if the product is to be labeled as chicken backs. The pelvic bones are not to be included with the chicken legs or chicken thighs. Chicken breasts are to have only the sternal ribs attached. This is accomplished by separating the breasts from the backs at the shoulder joint and by cutting downward and backward along the junction of the vertebral and sternal ribs. The vertebral ribs and pelvic bones would then remain to be labeled as chicken backs.(2) Poultry packaged with a leg or wing, etc., removed from the carcass must have an insert stating "parts missing."(g) All inserts used in conjunction with approved labeling must be submitted to the Department office for approval before using.(h) No official identification or any abbreviation, copy or representation thereof may be affixed to or placed on or caused to be affixed to or placed on any product or container thereof except by a Department inspector or Poultry Meat Inspector or under the supervision of a Department inspector. All such products shall have been inspected and passed, and at the time of filling, shall have been sound, wholesome, and fit for human food. The inspector shall have supervision over the use and handling of all material bearing any official identification.(i) No inspector shall authorize the use of official identification for any inspected product unless he has on file evidence that such official identification or packaging material bearing such official identification has been approved in accordance with the provisions of Articles 17 and 18 of these regulations.(j) Trade labels approved for use pursuant to Articles 17 and 18 of these regulations shall be used only for the product for which approved.Cal. Code Regs. Tit. 3, § 1256
1. Amendment filed 1-23-61; effective thirtieth day thereafter (Register 61, No. 2).
2. Renumbering of article 19 to article 18, amendment of section and new NOTE filed 3-19-2009; operative 4-18-2009 (Register 2009, No. 12).
3. Change without regulatory effect amending subsection (b) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14). Note: Authority cited: Sections 407, 24561, 24562, 24681 and 24991, Food and Agricultural Code. Reference: Sections 24651, 24652, 24653, 24654, 24655, 24656, 24657, 24658, 24659, 24660 and 24661, Food and Agricultural Code.
1. Amendment filed 1-23-61; effective thirtieth day thereafter (Register 61, No. 2).
2. Renumbering of article 19 to article 18, amendment of section and new Note filed 3-19-2009; operative 4-18-2009 (Register 2009, No. 12).
3. Change without regulatory effect amending subsection (b) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).