Rule 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;(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."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.(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.(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.(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).Ga. Comp. R. & Regs. R. 40-10-1-.19
O.C.G.A. Secs. 26-2-60, 26-2-80.
Original Rule entitled "Smoking" adopted. F. and eff. June 30, 1965.Amended: ER. 40-10-1-0.3-.19 entitled "Definitions and Standards of Identity or Composition and Standards of Fill of Containers" adopted. F. and eff. August 24, 1970, the date of adoption.Amended: Permanent Rule of same title adopted. F. Dec. 17, 1970; eff. Jan. 6, 1971.Amended: F. June 24, 1975; eff. July 14, 1975.Amended: F. July 23, 1984; eff. August 12, 1984.Repealed: New Rule entitled "Labeling, Marking Devices and Containers" adopted. F. July 21, 1997; eff. August 11, 1997.Repealed: New Rule of same title adopted. F. Jan. 15, 2004; eff. Feb. 4, 2004.Repealed: New Rule of same title adopted. F. Dec. 17, 2008; eff. Jan. 6, 2009.