La. Admin. Code tit. 51 § VII-121

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-121 - Labeling

A. All dairy products (including but not limited to, milk, milk products, anomalous milk, anomalous milk products, anomalous dairy products, filled milk, filled milk products, filled dairy products, imitation milk, imitation milk products, imitation dairy products and frozen desserts) being offered for sale, distribution or held in storage within the state shall be labeled in accordance with the requirements of this Code determined to be applicable to such products by the state health officer, the State Food, Drug and Cosmetic Law (R.S. 40:601et seq.), the Federal Food, Drug and Cosmetic Act, as amended, the Nutrition Labeling and Education Act of 1990, as amended, and regulations developed thereunder, the Code of Federal Regulations and the Pasteurized Milk Ordinance (PMO).

B. Dairy plants which offer milk, milk products and condensed, concentrated or dry dairy products for sale in the state shall use labels which prominently display the grade of the product when grades for such products have been established by the state health officer.

C. All bottles, containers, wrappers and packages of a capacity of six gallons or less which enclose milk and milk products, shall be conspicuously marked with:

1. the name and address of the plant or Federal Information Processing Standards (FIPS) number [in indelible ink (or equivalent)] of the plant where the contents were pasteurized, ultra-pasteurized or aseptically processed. The name and address of the plant or the FIPS number shall be printed on the container or label in such a manner that it cannot be removed, changed or defaced;

2. a date, code or lot number that identifies the date, run or batch from which the contents originated, shall be prominently displayed on each final container (container that will reach the final consumer) of dairy product in indelible ink (or equivalent). The date, code or batch shall be printed on the container or label in such a manner that it cannot be removed, changed or defaced;

3. the words, "keep refrigerated after opening", in the case of aseptically processed dairy products;

4. the name of the dairy product followed by the words " with vegetable fat" conspicuously displayed on the principal display panel in cases in which the product is a filled milk, filled milk product or filled dairy product. The letters in the words "with vegetable fat" shall be at least as large and as prominent as the letters in the name of the dairy product. Examples of this requirement include: "low fat milk with vegetable fat", "cultured cream with vegetable fat", "evaporated non fat milk with vegetable fat";

5. the word, "goat", "sheep", "water buffalo" or the common name of any other hooved mammals shall precede the name of the milk and milk product when the product is made from the milk of animals other than cows;

6. the words "grade a", "grade b", "extra grade" or "standard grade" whichever is appropriate on the exterior surface when grades for the product have been established by the state health officer. Acceptable locations shall include the principal display panel, the secondary or informational panel or the cap/cover;

7. the words, "a product of", followed by the name of the country in which the product was processed, except in cases in which the product was processed in the United States or Puerto Rico.

8. the word "reconstituted" or "recombined" if the product was made by reconstitution or recombination; and,

9. the words "made from unpasteurized milk" shall be prominently displayed on the principal display panel of each container of dairy product made from milk, milk products, anomalous milk or anomalous milk products, filled milk or filled milk products, imitation milk or imitation milk products in which each particle has not been pasteurized, ultra-pasteurized or aseptically processed except ripened (aged) cheeses.

D. Approval of the state health officer shall be obtained for all labels used on dairy products prior to the product being offered for sale in Louisiana.

E. All labeling of dairy products shall not be false or misleading in any particular in accord with the requirements of R.S. 40:608 (misbranded food).

F. Containers of dairy products, for which a grading protocol has been established shall be labeled with the appropriate grade of the product.

G. Containers labeled with a grade that contain products that do not conform with the requirements of this Part for that grade shall not be sold or offered for sale in this state.

La. Admin. Code tit. 51, § VII-121

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2648 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7) (15)(17), R.S. 40:604, and R.S. 40:922.