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Food Safety and Inspection Service, USDA § 317.8

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Food Safety and Inspection Service, USDA § 317.8 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 VerDate Mar<15>2010 14:26 Feb 17, 2011 Jkt 223029 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Y:\SGML\223029.XXX 223029 jdjones on DSK8KYBLC1PROD with CFR § 317.8 9 CFR Ch. III (1–1–11 Edition) 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. 180 VerDate Mar<15>2010 14:26 Feb 17, 2011 Jkt 223029 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:\SGML\223029.XXX 223029 jdjones on DSK8KYBLC1PROD with CFR Food Safety and Inspection Service, USDA § 317.8 (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.
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