Food Safety and Inspection Service, USDA § 317.8

establishment number shall in all cases and their modifications, as applied to appear in English but in addition, may sausages, the terms ‘‘brunswick’’ and appear literally translated in a foreign ‘‘irish’’ as applied to stews and the term language. ‘‘boston’’ as applied to pork shoulder butts need not be accompanied with § 317.8 False or misleading labeling or the word ‘‘style,’’ ‘‘type,’’ or ‘‘brand,’’ or a practices generally; specific prohi- statement identifying the locality in bitions and requirements for labels which the product is prepared. and containers. (2) Such terms as ‘‘farm’’ or ‘‘country’’ (a) No product or any of its wrappers, shall not be used on labels in connec- packaging, or other containers shall tion with products unless such prod- bear any false or misleading marking, ucts are actually prepared on the farm label, or other labeling and no state- or in the country: Provided, That if the ment, word, picture, design, or device product is prepared in the same way as which conveys any false impression or on the farm or in the country these gives any false indication of origin or terms, if qualified by the word ‘‘style’’ quality or is otherwise false or mis- in the same size and style of lettering, leading shall appear in any marking or may be used: Provided further, That the other labeling. No product shall be term ‘‘farm’’ may be used as part of a wholly or partly enclosed in any wrap- brand designation when qualified by per, packaging, or other container that the word ‘‘brand’’ in the same size and is so made, formed, or filled as to be style of lettering, and followed with a misleading. statement identifying the locality in (b) The labels and containers of prod- which the product is prepared: And Pro- uct shall comply with the following vided further, That the provisions of provisions, as applicable: this paragraph shall not apply to prod- (1) Terms having geographical sig- ucts prepared in accordance with nificance with reference to a locality § 319.106 of this subchapter. Sausage other than that in which the product is containing cereal shall not be labeled prepared may appear on the label only ‘‘farm style’’ or ‘‘country style,’’ and when qualified by the word ‘‘style,’’ lard not rendered in an open kettle ‘‘type,’’ or ‘‘brand,’’ as the case may be, shall not be designated as ‘‘farm style’’ in the same size and style of lettering or ‘‘country style.’’ as in the geographical term, and ac- (3) The requirement that the label companied with a prominent qualifying shall contain the name and place of statement identifying the country, business of the manufacturer, packer, State, Territory, or locality in which or distributor shall not relieve any es- the product is prepared, using terms tablishment from the requirement that appropriate to effect the qualification. its label shall not be misleading in any When the word ‘‘style’’ or ‘‘type’’ is used, particular. there must be a recognized style or (4) The term ‘‘spring lamb’’ or ‘‘gen- type of product identified with and pe- uine spring lamb’’ is applicable only to culiar to the area represented by the carcasses of new-crop lambs slaugh- geographical term and the product tered during the period beginning in must possess the characteristics of March and terminating not beyond the such style or type, and the word close of the week containing the first ‘‘brand’’ shall not be used in such a way Monday in October. as to be false or misleading: Provided, (5)(i) Coverings shall not be of such That a geographical term which has color, design, or kind as to be mis- come into general usage as a trade leading with respect to color, quality, name and which has been approved by or kind of product to which they are the Administrator as being a generic applied. For example, transparent or term may be used without the quali- semitransparent coverings for such ar- fications provided for in this para- ticles as sliced bacon or fresh graph. The terms ‘‘frankfurter,’’ ‘‘vi- (uncooked) meat and meat food prod- enna,’’ ‘‘bologna,’’ ‘‘lebanon bologna,’’ ucts shall not bear lines or other de- ‘‘braunschweiger,’’ ‘‘thuringer,’’ ‘‘genoa,’’ signs of red or other color which give a ‘‘leona,’’ ‘‘berliner,’’ ‘‘holstein,’’ false impression of leanness of the ‘‘goteborg,’’ ‘‘milan,’’ ‘‘polish,’’ ‘‘italian,’’ product. Transparent or 179

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semitransparent wrappers, casings, or a coloring, shall be designated as ‘‘spice coverings for use in packaging cured, and coloring’’, or ‘‘flavoring and color- cured and smoked, or cured and cooked ing’’, as the case may be, unless such sausage products, and sliced ready-to- ingredient is designated by its common eat meat food products may be color or usual name. tinted or bear red designs on 50 percent (ii) Any ingredient not designated in of such wrapper or covering: Provided, § 317.2(f)(1)(i) of this part whose func- That the transparent or tion is flavoring, either in whole or in semitransparent portion of the prin- part, must be designated by its com- cipal display panel is free of color tint- mon or usual name. Those ingredients ing and red designs: And provided fur- which are of livestock and poultry ori- ther, That the principal display panel gin must be designated by names that provides at least 20 percent unob- include the species and livestock and structed clear space, consolidated in poultry tissues from which the ingredi- one area so that the true nature and ents are derived. color of the product is visible to the (8) As used on labels of product, the consumer. term ‘‘gelatin’’ shall mean (i) the jelly (ii) Packages for sliced bacon that prepared in official establishments by have a transparent opening shall be de- cooking pork skins, tendons, or con- signed to expose, for viewing, the cut nective tissue from inspected and surface of a representative slice. Pack- passed product, and (ii) dry commercial ages for sliced bacon which meet the gelatin or the jelly resulting from its following specifications will be accept- use. ed as meeting the requirements of this (9) Product (other than canned prod- subparagraph provided the enclosed uct) labeled with the term ‘‘loaf’’ as bacon is positioned so that the cut sur- part of its name: face of the representative slice can be (i) If distributed from the official es- visually examined: tablishment in consumer size con- (a) For shingle-packed sliced bacon, tainers may be in any shape; the transparent window shall be de- (ii) If distributed in a container of a signed to reveal at least 70 percent of size larger than that sold intact at re- the length (longest dimension) of the tail the product shall be prepared in representative slice, and this window rectangular form, or as in paragraph shall be at least 11⁄2 inches wide. The (b)(9)(iii) of this section; transparent window shall be located (iii) If labeled as an ‘‘Old Fashioned not more than five-eighths inch from Loaf’’ shall be prepared in a traditional the top or bottom edge of a 1-pound or form, such as rectangular with rounded smaller package and not more than top or circular with flat bottom and three-fourths inch from either the top rounded top. or bottom edge of a package larger (10) The term ‘‘baked’’ shall apply than 1 pound. only to product which has been cooked (b) For stack-packed sliced bacon, by the direct action of dry heat and for the transparent window shall be de- a sufficient time to permit the product signed to reveal at least 70 percent of to assume the characteristics of a the length (longest dimension) of the baked article, such as the formation of representative slice and be at least 11⁄2 a brown crust on the surface, rendering inches wide. out of surface fat, and the (6) The word ‘‘fresh’’ shall not be used caramelization of the sugar if applied. on labels to designate product which Baked loaves shall be heated to a tem- contains any sodium nitrate, sodium perature of at least 160 °F. and baked nitrite, potassium nitrate, or potas- pork cuts shall be heated to an internal sium nitrite, or which has been salted temperature of at least 170 °F. for preservation. (11) When products such as loaves are (7)(i) No ingredient shall be des- browned by dipping in hot edible oil or ignated on the label as a spice, fla- by a flame, the label shall state such voring, or coloring unless it is a spice, fact, e.g., by the words ‘‘Browned in Hot flavoring, or coloring, as the case may Cottonseed Oil’’ or ‘‘Browned by a be. An ingredient that is both a spice Flame,’’ as the case may be, appearing and a coloring, or both a flavoring and as part of the product name.

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(12) The term ‘‘meat’’ and the names shall be designated as ‘‘rendered pork of particular kinds of meat, such as fat’’ or ‘‘hardened rendered pork fat,’’ as beef, veal, mutton, lamb, and pork, the case may be. shall not be used in such manner as to (20) Oil, stearin, or stock obtained be false or misleading. from beef or mutton fats rendered at a (13) The word ‘‘ham,’’ without any pre- temperature above 170 °F. shall not be fix indicating the species of animal designated as ‘‘oleo oil,’’ ‘‘oleo stearin,’’ from which derived, shall be used in la- or ‘‘oleo stock,’’ respectively. beling only in connection with the hind (21) When not more than 20 percent of legs of swine. Ham shanks as such or beef fat, mutton fat, oleo stearin, vege- ham shank meat as such or the trim- table stearin, or hardened vegetable fat mings accruing in the trimming and shaping of hams shall not be labeled is mixed with lard or with rendered ‘‘ham’’ or ‘‘ham meat’’ without qualifica- pork fat, there shall appear on the tion. When used in connection with a label, contiguous to and in the same chopped product the term ‘‘ham’’ or size and style of lettering as the name ‘‘ham meat’’ shall not include the skin. of the product, the words ‘‘beef fat (14) The terms ‘‘shankless’’ and added,’’ ‘‘mutton fat added,’’ ‘‘oleo ste- ‘‘hockless’’ shall apply only to hams and arin added,’’ ‘‘vegetable stearin added,’’ pork shoulders from which the shank or ‘‘hardened vegetable fat added,’’ as or hock has been completely removed, the case may be. If more than 20 per- thus eliminating the entire tibia and cent is added, the product name shall fibula, or radius and ulna, respectively, refer to the particular animal fat or together with the overlying muscle, fats used, such as, ‘‘Lard and Beef Fat.’’ skin, and other tissue. The designation ‘‘vegetable fat’’ is ap- (15) Such terms as ‘‘meat extract’’ or plicable to vegetable oil, vegetable ste- ‘‘extract of beef’’ without qualification arin, or a combination of such oil and shall not be used on labels in connec- stearin, whereas the designations ‘‘veg- tion with products prepared from or- etable oil’’ and ‘‘vegetable stearin’’ shall gans or other parts of the carcass, be applicable only to the oil and the other than fresh meat. Extracts pre- stearin respectively, when used in meat pared from any parts of the carcass food products. other than fresh meat may be properly (22) Cooked, cured, or pickled pigs labeled as extracts with the true name feet, pigs knuckles, and similar prod- of the parts from which prepared. In the case of extract in fluid form, the ucts, shall be labeled to show that the word ‘‘fluid’’ shall also appear on the bones remain in the product, if such is label, as, for example, ‘‘fluid extract of the case. The designation ‘‘semi- beef.’’ boneless’’ shall not be used if less than (16) [Reserved] 50 percent of the total weight of bones (17) When any product is enclosed in has been removed. a container along with a packing sub- (23) When monoglycerides, stance such as brine, vinegar, or agar diglycerides, and/or polyglycerol esters jelly, a declaration of the packing sub- of fatty acids are added to rendered stance shall be printed prominently on animal fat or a combination of such fat the label as part of the name of the and vegetable fat, there shall appear on product, as for example, ‘‘frankfurts the label in a prominent manner and packed in brine,’’ ‘‘lamb tongue packed contiguous to the name of the product in vinegar,’’ or ‘‘beef tongue packed in a statement such as ‘‘With agar jelly,’’ as the case may be. The Monoglycerides and Diglycerides packing substance shall not be used in Added,’’ or ‘‘With Diglycerides and such a manner as will result in the con- Monoglycerides,’’ or ‘‘With Polyglycerol tainer being so filled as to be mis- Esters of Fatty Acids’’ as the case may leading. be. (18) ‘‘Leaf lard’’ is lard prepared from (24) Section 407 of the Federal Food, fresh leaf fat. (19) When lard or hardened lard is Drug, and Cosmetic Act contains provi- mixed with rendered pork fat or hard- sions with respect to colored margarine ened rendered pork fat, the mixture

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or colored oleomargarine (21 U.S.C. 347) (25) When approved proteolytic en- which are set forth herein as footnote. 1 zymes as permitted in part 318 of this subchapter are used on steaks or other 1 ‘‘Sec. 407(a) Colored oleomargarine or col- raw meat cuts, there shall appear on ored margarine which is sold in the same the label, in a prominent manner, con- State or Territory in which it is produced tiguous to the product name, the state- shall be subject in the same manner and to ment, ‘‘Tenderized with [approved en- the same extent to the provisions of this Act zyme],’’ to indicate the use of such en- as if it had been introduced in interstate commerce. zymes. Any other approved substance (b) No person shall sell, or offer for sale, which may be used in the solution shall colored oleomargarine or colored margarine also be included in the statement. unless— When approved inorganic chlorides as (1) Such oleomargarine or margarine is permitted in part 318 of this subchapter packaged, are used on steaks or other raw meat (2) The net weight of the contents of any package sold in a retail establishment is one cuts there shall appear on the label in pound or less, a prominent manner, contiguous to the (3) There appears on the label of the pack- product name, the statement, ‘‘Tender- age (A) The word ‘oleomargarine’ or ‘mar- ized with (names of approved inorganic garine’ in type or lettering at least as large chloride(s))’’ to indicate the use of such as any other type or lettering on such label, inorganic chlorides. Any other ap- and (B) A full and accurate statement of all proved substance which may be in the the ingredients contained in such oleo- margarine, or margarine, and solution shall also be included in the (4) Each part of the contents of the pack- statement. age is contained in a wrapper which bears (26) When dimethylpolysiloxan is the word ‘oleomargarine’ or ‘margarine’ in added as an antifoaming agent to ren- type or lettering not smaller than 20-point dered fats, its presence shall be de- type. clared on the label contiguous to the The requirements of this subsection shall be in addition to and not in lieu of any of the name of the product. Such declaration other requirements of this Act. shall read ‘‘Dimethylpolysiloxan (c) No person shall possess in a form ready Added.’’ for serving colored oleomargarine or colored (27) When pizzas are formulated with margarine at a public eating place unless a crust containing calcium propionate or notice that oleomargarine or margarine is sodium propionate, there shall appear served is displayed prominently and con- on the label contiguous to the name of spicuously in such place and in such manner as to render it likely to be read and under- the product the statement ‘‘llll stood by the ordinary individual being served added to retard spoilage of crust’’ pre- in such eating place or is printed or is other- ceded by the name of the preservative. wise set forth on the menu in type or let- (28) Sausage of the dry varieties tering not smaller than that normally used treated with potassium sorbate or to designate the serving of other food items. propylparaben (propyl p-hydroxy- No person shall serve colored oleomargarine or colored margarine at a public eating benzoate) as permitted by part 318 of place, whether or not any charge is made this subchapter, shall be marked or la- therefor, unless (1) each separate serving beled with a statement disclosing such bears or is accompanied by labeling identi- treatment and the purpose thereof, fying it as oleomargarine or margarine, or such as ‘‘dipped in a potassium sorbate (2) each separate serving thereof is tri- solution to retard mold growth.’’ angular in shape. (29) Meat of goats shall be identified (d) Colored oleomargarine or colored mar- garine when served with meals at a public as goat meat or chevon. eating place shall at the time of such service (30) The term ‘‘Chitterlings’’ shall be exempt from the labeling requirements of apply to the large intestines of swine, section 343 of this Act (except subsection (a) or young bovine animals when preceded and (f) of section 343 of this title) if it com- with the word ‘‘Calf’’ or ‘‘Veal.’’ Meat plies with the requirements of subsection (b) food products that contain chitterlings of this section. (e) For the purpose of this section colored collectively, but with an excess of yellow oleomargarine or colored margarine is oleo- over red, measured in terms of Lovibond margarine or margarine having a tint or tintometer scale or its equivalent’’ (21 U.S.C. shade containing more than one and six 347). tenths degrees of yellow or of yellow and red

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or calf or veal chitterlings, in accord- (36) When sodium alginate, calcium ance with § 318.6(b)(8) of this subchapter carbonate, and lactic acid and calcium shall be identified with product names carbonate (or glucono delta-lactone) that refer to such ingredients, as for are used together in a dry binding ma- instance, ‘‘Chitterling Loaf,’’ trix in restructured, formed meat food ‘‘Chitterling Pie,’’ or ‘‘Calf Chitterlings products, as permitted in part 318 of and Gravy,’’ and shall be packed in con- this subchapter, there shall appear on tainers having a capacity of 3 pounds the label contiguous to the product or less and of a kind usually sold at re- name, a statement to indicate the use tail intact and bearing such other in- of sodium alginate, calcium carbonate formation as is required by this part. and lactic acid and calcium carbonate (31) Products that contain blood from (or glucono delta-lactone). livestock as permitted by part 318 of (37) The labels of sausages encased in this subchapter shall be labeled with a natural casings made from meat or poultry viscera shall identify the type name that includes the term ‘‘blood,’’ and the specific kind of blood shall be of meat or poultry from which the cas- declared in the ingredient statement, ings were derived, if the casings are from a different type of meat or poul- e.g., ‘‘Swine blood,’’ in the manner re- try than the encased meat or poultry. quired by this part. The identity of the casing, if required, (32) A calendar date may be shown on may be placed on the principal display labeling when declared in accordance panel or in the ingredient statement. with the provisions of this subpara- Establishments producing, manufac- graph: turing, or using natural sausage cas- (i) The calendar date shall express ings are to maintain records docu- the month of the year and the day of menting the meat or poultry source in the month for all products and also the accordance with part 320 of this chap- year in the case of products hermeti- ter. cally sealed in metal or glass con- (38) The labels of sausages encased in tainers, dried or frozen products, or regenerated collagen casings shall dis- any other products that the Adminis- close this fact on the product label. trator finds should be labeled with the The fact that the sausage is encased in year because the distribution and mar- collagen may be placed on the prin- keting practices with respect to such cipal display panel or in the ingredient products may cause a label without a statement. year identification to be misleading. (39) When transglutaminase enzyme (ii) Immediately adjacent to the cal- is used to bind pieces of meat to form endar date shall be a phrase explaining a cut of meat, or to reform a piece of the meaning of such date, in terms of meat from a multiple cuts, there shall ‘‘packing’’ date, ‘‘sell by’’ date, or ‘‘use appear on the label, as part of the prod- before’’ date, with or without a further uct name, a statement that indicates qualifying phrase, e.g., ‘‘For Maximum that the product has been ‘‘formed’’ or Freshness’’ or ‘‘For Best Quality’’, and ‘‘reformed,’’ in addition to other prepa- such phrases shall be approved by the ration steps, e.g., ‘‘Formed Beef Ten- Administrator as prescribed in § 317.4. derloin’’ or ‘‘Reformed and Shaped Beef (33) [Reserved] Tenderloin.’’ (34) The terms ‘‘All,’’ ‘‘Pure,’’ ‘‘100%,’’ (40) A country of origin statement on and terms of similar connotation shall the label of any meat ‘‘covered com- not be used on labels for products to modity’’ as defined in 7 CFR Part 65, identify ingredient content, unless the Subpart A, that is to be sold by a ‘‘re- product is prepared solely from a single tailer,’’ as defined in 7 CFR 65.240, must ingredient. comply with the requirements in 7 CFR (35) When agar-agar is used in canned 65.300 and 65.400. jellied meat food products, as per- [35 FR 15580, Oct. 3, 1970] mitted in part 318 of this subchapter, EDITORIAL NOTE: For FEDERAL REGISTER ci- there shall appear on the label in a tations affecting § 317.8, see the List of CFR prominent manner, contiguous to the Sections Affected, which appears in the product name, a statement to indicate Finding Aids section of the printed volume the use of agar-agar. and at www.fdsys.gov.

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