01-001-329 Me. Code R. § XV

Current through 2024-44, October 30, 2024

Section 001-329-XV - LABELING

All bottles, containers and packages enclosing milk or milk products defined in Section 1 of this Rule must be labeled in accordance with the applicable requirements of the Federal Food, Drug and Cosmetic Act as amended, the Nutrition Labeling and Education Act of 1990, and in addition, must comply with applicable requirements of this section as follows:

A. All bottles, containers and packages enclosing milk or milk products, except milk tank trucks, storage tanks and cans of raw milk from individual dairy farms, must be conspicuously marked with:

1. The words "Grade "A", as applicable on the exterior surface. Acceptable locations include the principal display panel, the secondary or informational panel, or the cap/cover.

2. The identity of the milk plant where packaged, pasteurized, ultra-pasteurized, condensed and/or dried or aseptically processed.

3. The word "reconstituted" or "recombined" if the product is made by reconstitution or recombination.

4. The volume or proportion of water to be added for reconstituting or recombining in the case of concentrated milk or milk products.

5. The words "keep refrigerated after opening" in the case of aseptically processed milk and milk products.

6. In the case of aseptically processed and packaged milk or milk products, the term "UHT".

7. The words "ultra-pasteurized" if the milk or milk product has been ultra-pasteurized.

8. The common name of the hooved mammal producing the milk must precede the name of the milk or milk product when the product is or is made from other than cattle's milk. As an example, "Goat", "Sheep", or "Water Buffalo milk or milk products respectively.

9. A list of ingredients in descending order of predominance.

10. The words "not pasteurized" if the milk or milk product has not been pasteurized. This does not apply to cheese that has been aged at a temperature above 35°F for at least 60 days prior to sale.

11. The full name of the food must appear on the principal display panel of the label in type of uniform size, style, and color. The name of the food must be accompanied by a declaration indicating the presence of any characterizing flavoring, and may be accompanied by a declaration such as a traditional name of the food or the generic name of the organisms used, thereby indicating the presence of the characterizing microbial organisms or ingredients when used.

12. The following terms must accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half of the height of the letters used in such name:

(a) The phrase "vitamin A" or "vitamin A added" or "vitamin D" or "vitamin vitamins A and D added", as appropriate. The word "vitamin" may be abbreviated "vit".

(b) The word "sweetened" if nutritive carbohydrate sweetener is added without the addition of characterizing flavoring.

13. The term "homogenized" may appear on the label if the dairy ingredients used are homogenized.

14. The term "pasteurized" may appear on the label if the dairy ingredients used are pasteurized.

15. The net weight or volume.

16. The word "aged" when the product has been aged for more than 60 days.

17. The lot number. The lot number must correspond with accurate records which show time, temperature and date of production. Records will be kept for at least twelve months from the date produced.

18. Condensed or dry milk product labels must contain:

(a) The identity of the Regulatory Agency issuing such permit; and if distributed by another party, the name and address of the distributor must be shown by a statement, such as "Distributed by".

(b) A code or lot number identifying the contents with a specific date, run, or batch of the product, and the quantity of the contents of the container.

B. All vehicles and milk tank trucks containing milk or milk products must be legibly marked with the name and address of the milk plant or hauler in possession of the contents. Milk tank trucks transporting raw, heat-treated or pasteurized milk and milk products to a milk plant from another milk plant, receiving station or transfer station are required to be marked with the name and address of the milk plant or hauler and must be sealed. Each milk tank truck containing milk must be accompanied by documentation, weigh ticket or manifest, which must include the IMS BTU Identification Number(s) or the IMS Listed Milk Plant Number, for farm groups listed with a milk plant. For each such shipment, a shipping statement must be prepared containing at least the following information:

1. Shipper's name, address and permit number. Each milk tank truck load of milk must include the IMS Bulk Tank Unit (BTU) identification number(s) or the IMS Listed Milk Plant Number, for farm groups listed with a milk plant, on the farm weight ticket or manifest;

2. Permit identification of the hauler, if not an employee of the shipper;

3. Point of origin of shipment;

4. Milk tank truck identification number

5. Name of product;

6. Weight of product;

7. Temperature of product when loaded;

8. Date of shipment;

9. Name of supervising Regulatory Agency at the point of origin of shipment;

10. Whether the contents are raw, pasteurized, or in the case of cream, low-fat or skim milk, whether it has been heat-treated;

11. Seal number on inlet, outlet, wash connections and vents; and

12. Grade of product.

C. All cans of raw milk from individual dairy farms must be identified by the name or number of the individual milk producer.

D. LABELING - EMERGENCY SUPPLIES

When the sale of ungraded milk or milk products is authorized during emergencies, under the terms of Section II, the label must bear the designation "ungraded." When such labeling is not available, the Department will take immediate steps to inform the public that the particular supply is ungraded and that the supply will be properly labeled as soon as the distributor can obtain the required labels.

E. IDENTITY LABELING-

"Identity", as used in this Section, is defined as the name and address of the milk distributor at which the packaging, condensing and/or drying pasteurization, ultra-pasteurization or aseptic processing takes place. It is recommended that the voluntary national uniform coding system for the identification of milk plants, at which milk and milk products are packaged, be adopted in order to provide a uniform system of codes throughout the country.

In cases where several plants are operated by one firm, the common firm name may be utilized on milk bottles or containers. Provided, that the location of the milk plant at which the contents were pasteurized, ultra-pasteurized or aseptically processed and packaged, condensed and/or dyed is also shown, either directly or by a code.

The identity labeling requirement may be interpreted as permitting plants and persons to purchase and distribute, under their own label, milk and milk products processed and packaged at another plant, provided, that the label reads, "Processed at... (name and address)", or that the processing and packaging plant is identified by a proper code.

F. MISLEADING LABELS --The Department will not permit the use of any misleading marks, words or endorsements upon the label. They may permit the use of registered trade designs or similar terms on the bottle cap or label when, in their opinion, they are not misleading and are not so used as to obscure the labeling required by the rule. For dry milk products, the outer bag must be preprinted "Grade "A" before filling. The use of super grade designations is not permitted. However, this should not be construed as prohibiting the use of official grade designations awarded to dry milk products by the United States Department of Agriculture (USDA). Grade designations such as "Grade AA Pasteurized", "Selected Grade A Pasteurized", "Special Grade A Pasteurized", etc., give the consumer the impression that such a grade is significantly safer than Grade "A". Such an implication is false, because the rule requirements for Grade "A" pasteurized, ultra-pasteurized or aseptically processed and packaged milk and milk products when properly enforced, will ensure that this grade of milk and milk products will be as safe as they can practicably be made. Descriptive labeling terms must not be used in conjunction with the Grade "A" designation or name of the milk or milk product and must not be false or misleading.

01-001 C.M.R. ch. 329, § XV