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§§ 317.314–317.342 9 CFR Ch. III (1–1–11 Edition)

false or misleading under section 1(n) (c) To determine whether there is sig- of the Act (21 U.S.C. 601(n)(1)). nificant participation by retailers (2) [Reserved] under the voluntary nutrition labeling (3) A statement that describes the guidelines, FSIS will select a rep- percentage of a vitamin or mineral in resentative sample of companies allo- the food, including foods intended spe- cated by type and size. cifically for use by infants and children (d) FSIS will find that significant less than 2 years of age, in relation to participation by food retailers exists if a Reference Daily Intake (RDI) as de- at least 60 percent of all companies fined in § 317.309 may be made on the that are evaluated are participating in label or in the labeling of a food with- accordance with the guidelines. out a regulation authorizing such a (e) FSIS will evaluate significant claim for a specific vitamin or mineral. participation of the voluntary program (4) The requirements of this section every 2 years beginning in May 1995. do not apply to infant formulas and (1) If significant participation is medical foods, as described in 21 CFR found, the voluntary nutrition labeling 101.13(q)(4). guidelines shall remain in effect. (5) [Reserved] (2) If significant participation is not (6) Nutrient content claims that were found, FSIS shall initiate rulemaking part of the name of a product that was to require nutrition labeling on those subject to a standard of identity as of products under the voluntary program. November 27, 1991, are not subject to EFFECTIVE DATE NOTE: At 75 FR 82165, Dec. the requirements of paragraph (b) of 29, 2010, § 317.343 was removed, effective Jan. this section whether or not they meet 1, 2012. the definition of the descriptive term. (7) Implied nutrient content claims § 317.344 Identification of major cuts of products. may be used as part of a brand name, provided that the use of the claim has The major cuts of single-ingredient, been authorized by FSIS. Labeling ap- raw meat products are: chuck plications requesting approval of such blade roast, beef loin top loin , a claim may be submitted pursuant to beef rib roast large end, beef round eye § 317.369. , beef round top round steak, beef round tip roast, beef chuck [58 FR 664, Jan. 6, 1993; 58 FR 43788, Aug. 18, arm pot roast, beef loin , 1993, as amended at 58 FR 47627, Sept. 10, beef round bottom round steak, beef 1993; 59 FR 40213, Aug. 8, 1994; 59 FR 45196, (whole, flat half, or point half), Sept. 1, 1994; 60 FR 187, Jan. 3, 1995; 69 FR 58801, Oct. 1, 2004] beef small end, beef loin ten- derloin steak, regular §§ 317.314–317.342 [Reserved] without added seasonings, ground beef about 17% fat, pork loin chop, pork § 317.343 Significant participation for loin country style ribs, pork loin top voluntary nutrition labeling. loin chop boneless, pork loin rib chop, (a) In evaluating significant partici- pork spareribs, pork loin tenderloin, pation for voluntary nutrition labeling, pork loin sirloin roast, pork shoulder FSIS will consider only the major cuts , pork loin top roast of single-ingredient, raw meat prod- boneless, ground pork, lamb shank, ucts, as identified in § 317.344, including lamb shoulder arm chop, lamb shoulder those that have been previously frozen. blade chop, lamb rib roast, lamb loin (b) FSIS will judge a food retailer to chop, lamb leg (whole, sirloin half, or be participating at a significant level if shank half), shoulder arm steak, the retailer provides nutrition labeling veal shoulder blade steak, veal rib information for at least 90 percent of roast, veal loin chop, and veal cutlets. the major cuts of single-ingredient, [58 FR 664, Jan. 6, 1993, as amended at 59 FR raw meat products, listed in § 317.344, 45196, Sept. 1, 1994] that it sells, and if the nutrition label EFFECTIVE DATE NOTE: At 75 FR 82165, Dec. is consistent in content and format 29, 2010, § 317.344 was amended by removing with the mandatory program, or nutri- the phrases ‘‘ground beef regular without tion information is displayed at point- added seasonings, ground beef about 17% of-purchase in an approriate manner. fat,’’ and ‘‘ground pork’’, effective Jan. 1, 2012.

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