Subchapter H. MARKING AND LABELING
MARKING PRODUCTS AND CONTAINERS Sec.
1.221. Authorization required.
1.222. Supervision by program employe in use of official marks.
1.223. Supply and storage of marking devices.
1.224. Branding ink.
1.225. Removal of products not marked.
1.226. False or misleading devices prohibited.
1.227. Transportation of unmarked products.
1.228. Marking of carcasses and parts thereof.
1.229. Marking of sausages and similar products.
1.230. Special markings for certain meat food products.
1.231. Marking of outside containers—general.
1.232. Marking tank cars and trucks.
1.233. Marking outside containers of inedible grease and the like.
1.234. Custom prepared products.
1.235. Marking of certain swine carcasses and parts thereof.
LABELING REQUIREMENTS
1.241. General labeling requirement; exemptions.
1.242. Folders and coverings.
1.243. Identity of label—general.
1.244. Information required on principal display panel.
1.245. Identity and size of principal display panel.
1.246. Descriptive designation of product.
1.247. List of ingredients.
1.248. Name of product manufacturer, packer or distributor.
1.249. Net quantity statements—general.
1.250. Dual declarations on quantity statements.
1.251. Size of quantity statements.
1.252. Labels indicating number of servings.
1.253. Multiunit retail packages.
1.254. Quantity statements on certain bacon cartons.
1.255. Exemptions from quantity statement requirements.
1.256. Establishment number on labels.
1.257. Imitation food.
1.258. Diet food.
1.259. Artificial flavoring.
1.260. Artificial coloring.
1.261. Antioxidant.
1.262. Preservatives.
1.263. Packaged products requiring special handling.
1.264. Abbreviations of marks of inspection.
1.265. Marking devices bearing inspection legend.
1.266. Approval of labels.
1.267. Approval of label modifications by veterinary supervisor.
1.268. Use of labels; existing stocks.
1.269. Labels in foreign languages.
1.270. False or misleading labeling—general.
1.271. Specific requirements and prohibitions for labels.
1.272. Reuse of official inspection marks.
1.273. Handling of labeled products.
1.274. Relabeling products.
1.275. Transportation of official inspection marks.
1.276. Reporting obsolete labels.
1.277. Labeling custom prepared products.
Cross References This subchapter cited in 7 Pa. Code § 1.1 (relating to definitions); 7 Pa. Code § 1.2 (relating to application of inspection requirements); 7 Pa. Code § 1.119 (relating to passing and marking of carcasses); 7 Pa. Code § 1.192 (relating to official inspection legend); 7 Pa. Code § 1.328 (relating to approved substances); and 7 Pa. Code § 1.361 (relating to labeling and preparation).
MARKING PRODUCTS AND CONTAINERS
§ 1.221. Authorization required.
(a) No device containing any official mark shall be made or caused to be made for use on any product until it has been approved by the Department as provided in this subchapter.
(b) No brand manufacturer, printer or other person shall cast, print, lithograph or otherwise make or cause to be made any device containing any official mark or simulation thereof without prior written authority therefor from the Department as provided in this subchapter.
Cross References This section cited in 7 Pa. Code § 1.241 (relating to general labeling requirement; exemptions).
§ 1.222. Supervision by program employe in use of official marks.
(a) No person shall affix or place, or cause to be affixed or placed, the official inspection legend or any other official mark, or any abbreviation or simulation of any official mark, to or on any product, or container thereof, except under the supervision of a program employe or as provided in this subchapter.
(b) No person shall fill or cause to be filled, in whole or in part, with any product, any container bearing or intended to bear any official mark, or any abbreviation or simulation of any official mark, except under the supervision of a program employe.
(c) Product bearing any official mark shall not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared by any person for commercial purposes unless:
(1) such preparation is performed at an official establishment;
(2) such preparation is conducted under Commonwealth or other governmental inspection and the prepared product is marked to show that fact;
(3) the official marks are removed, defaced or otherwise destroyed before or during such preparation; or
(4) the preparation of the product consists solely of cutting up operations at any establishment exempted from inspection.
Cross References This section cited in 7 Pa. Code § 1.241 (relating to general labeling requirement; exemptions).
§ 1.223. Supply and storage of marking devices.
(a) The Department shall furnish the initial supply of ink brands and any other device for marking products with official marks as the Department may determine is necessary for marking products at such establishment. The official inspection legend on such a device shall be as prescribed in Subchapter E (relating to official marks, devices and certificates). Additional or replacement brands or other marking devices shall be furnished by the establishment.
(b) All official devices for marking products with the official inspection legend or other official marks, including self-locking seals, shall be used only under supervision of a program employe and when not in use for marking shall be kept locked in properly equipped lockers or compartments, the keys of which shall not leave the possession of a program employe. The locker or compartment, shall be sealed with an official seal of the Department as prescribed in Subchapter E.
Cross References This section cited in 7 Pa. Code § 1.241 (relating to general labeling requirement; exemptions).
§ 1.224. Branding ink.
(a) The operator of each official establishment shall furnish all ink for marking products with the official marks at the establishment. The ink shall be made with harmless ingredients that are approved for the purpose by the Department. Samples of inks shall be submitted to the program laboratory from time to time as may be deemed necessary by the veterinary supervisor.
(b) Only purple ink approved for the purpose shall be used to apply ink brands bearing official marks to carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived therefrom.
(c) Except as provided in subsection (b), branding ink of any color approved for the purpose by the Department in specific cases, may be used to apply ink brands bearing official marks to processed meat cuts derived from cattle, sheep, swine or goats.
(d) Ink used shall assure legibility and permanence of the markings and the color of ink shall provide acceptable contrast with the color of the product to which it is applied.
Cross References This section cited in 7 Pa. Code § 1.234 (relating to custom prepared products).
§ 1.225. Removal of products not marked.
No person shall remove or cause to be removed from an official establishment any products which this subchapter requires to be marked in any way, unless they are clearly and legibly marked in compliance with this subchapter.
§ 1.226. False or misleading devices prohibited.
No brand or other marking device shall be false or misleading. The letters and figures thereon shall be of such style and type as will make a clear and legible impression. All markings to be applied to products in an official establishment shall be approved prior to use by the Secretary.
§ 1.227. Transportation of unmarked products.
(a) Unmarked products which have been inspected and passed but do not bear the official inspection legend may be transported in compliance with Subchapter L (relating to transportation) from one official establishment to another official establishment for further processing in a railroad car, truck or other closed container, if the railroad car, truck or container is sealed with an official seal of the Department.
(b) Products which have been inspected and passed but do not bear the official inspection legend may be removed from an official establishment in closed containers bearing the official inspection legend and all other information required by this subchapter if the following requirements are met:
(1) Upon removal from such closed container the product shall not be further transported in commerce unless such removal is made under the supervision of a program employe and the product is reinspected by the program employe and packed under his supervision in containers bearing the official inspection legend and all other information required by this subchapter.
(2) The unmarked product shall not be brought into an official establishment in an open container.
§ 1.228. Marking of carcasses and parts thereof.
(a) Each carcass which has been inspected and passed in an official establishment shall be marked at the time of inspection with the official inspection legend containing the number of the official establishment.
(b) Except as provided otherwise in this chapter, each primal part of a carcass, the beef cod fat and beef kidney fat, and each liver, beef tongue, and beef heart which has been inspected and passed shall be marked with the official inspection legend before it leaves the establishment in which it is first inspected and passed, and each other inspected and passed product shall be marked with the official inspection legend where it was last prepared except that products need not be so marked if packed in properly labeled immediate containers. Additional official marks of inspection may be applied to products as desired to meet local conditions.
(c) Primal parts are the wholesale cuts of carcasses as customarily distributed to retailers. The round, flank, loin, rib, plate, brisket, chuck and shank are primal parts of beef carcasses. Veal, mutton, and goat primal parts are the leg, flank, loin, rack, breast, and shoulder. The ham, belly, loin, shoulder and jowl are pork primal parts.
(d) Beef livers shall be marked on the convex surface of the thickest portion of the organ with the official inspection legend containing the number of the official establishment at which the cattle involved were slaughtered.
§ 1.229. Marking of sausages and similar products.
(a) Inspected and passed sausages and other products in casings or in link form of the ordinary ‘‘ring’’ variety or larger shall be marked with the official inspection legend and list of ingredients. The official marks shall be branded near each end of the product when it is of a size larger than that customarily sold at retail intact.
(b) Inspected and passed sausages and other products in casings or in link form of the smaller varieties shall bear one or more official inspection legends and one or more lists of ingredients on each two pounds of product, except where such products leave the official establishment completely enclosed in properly labeled immediate containers having a capacity of 10 pounds or less and containing a single kind of product. Such products in properly labeled closed containers with more than 10-pound capacities, when shipped to another official establishment for further processing or to a governmental agency, need only have the official inspection legend and list of ingredients shown twice throughout the contents of the container. When such products are shipped to another official establishment for further processing the veterinary supervisor at the point of origin shall identify the shipment to the veterinary supervisor at destination.
(c) The list of ingredients may be applied by stamping, printing, using paper bands, tags or tissue strips, or other means approved by the Department.
Cross References This section cited in 7 Pa. Code § 1.241 (relating to general labeling requirement; exemptions); and 7 Pa. Code § 1.442 (relating to chile con carne with beans).
§ 1.230. Special markings for certain meat food products.
(a) Meat food products prepared in casing or link form (whether or not thereafter subdivided), other than sausage, which possess the characteristics of or resemble sausage, shall bear on each link or piece the word ‘‘imitation’’ prominently displayed except that the following need not be so marked:
(1) If they bear on each link or piece the name of the product in accordance with § 1.243 (relating to identity of label—general) such products as coppa, capocollo, lachschinken, bacon, pork loins, pork shoulder butts, and similar cuts of meat which are prepared without added substance other than curing materials or condiments; meat rolls, bockwurst, and similar products which do not contain cereal or vegetables; headcheese, souse, sulze, scrapple, blood pudding, and liver pudding; and other products such as loaves, chili con carne, and meat and cheese products when prepared with sufficient cheese to give definite characteristics to the finished products.
(2) Imitation sausage packed in properly labeled containers having a capacity of three pounds or less and of a kind usually sold at retail intact if no other marking or labeling is applied directly to the product.
(b) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk or calcium reduced dried skim milk is added to sausage in casing or in link form within limits prescribed in this chapter the products shall be marked with the name of each added ingredient, as for example ‘‘cereal added,’’ ‘‘potato flour added,’’ ‘‘cereal and potato flour added,’’ ‘‘soy flour added,’’ ‘‘isolated soy protein added,’’ ‘‘nonfat dry milk added,’’ ‘‘calcium reduced dried skim milk added,’’ or ‘‘cereal and nonfat dry milk added.’’
(c) —
(1) When product is placed in a casing to which artificial coloring is thereafter applied as permitted in this chapter, the product shall be legibly and conspicuously marked by stamping or printing on the casing the words ‘‘artificially colored.’’
(2) If a casing is removed from product at an official establishment and there is evidence of artificial coloring on the surface of the product, the product from which the casing has been removed shall be marked by stamping directly thereon the words ‘‘artificially colored.’’
(3) The casing containing product need not be marked to show that it is colored if it is colored prior to its use as a covering for the product, and the coloring is of a kind and so applied as not to be transferable to the product and not to be misleading or deceptive in any respect.
(d) When an approved artificial smoke flavoring or an approved smoke flavoring is added to the formula of any meat food product as permitted in this Chapter the product shall be legibly and conspicuously marked with the words ‘‘Artificial Smoke Flavoring Added’’ or ‘‘Smoke Flavoring Added’’ whichever may be applicable.
(e) Subject to the provisions in subsection (a), in the case of sausage of the smaller varieties, markings may be limited to links bearing the official inspection legend and such markings shall not be required if the sausages are packed in properly labeled containers having a capacity of three pounds or less and of a kind usually sold at retail intact. Markings required by this section except those required by subsection (a) may be omitted from the casings of sausage and other meat food products when these products are to be processed in sealed metal containers properly labeled in accordance with this Subchapter.
(f) When an approved antioxidant is added to any meat food product the products shall be legibly and conspicuously marked in an approved manner identifying the specific antioxidant used by its common name or approved abbreviation and the purpose for which it is added, such as, ‘‘BHA, BHT, and Propyl gallate added to help protect flavor.’’
(g) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted in this chapter shall be marked as prescribed in § 1.271(26) (relating to special requirements and prohibitions for labels).
Cross References This section cited in 7 Pa. Code § 1.241 (relating to general labeling requirement; exemptions).
§ 1.231. Marking of outside containers—general.
(a) Except as otherwise provided in this chapter, when any inspected and passed product for domestic commerce is moved from an official establishment, the outside container shall bear an official inspection legend.
(b) When any product prepared in an official establishment for domestic commerce has been inspected and passed and is enclosed in a cloth or other wrapping such wrapping shall bear the official inspection legend applied by the approved two and one-half inch rubber brand except that:
(1) the rubber brand may be omitted if the official inspection legend and official establishment number on the product itself are clearly legible through the wrapping or the wrapping is labeled in accordance with this Subchapter; and
(2) plain unprinted wrappings, such as stockinettes, cheese cloth, paper and crinkled paper bags, for properly marked products which are used solely to protect the product against soiling or excessive drying during transportation or storage, need not bear the official inspection legend.
(c) Slack barrels used as outside containers of products shall have a cloth or paper top covering bearing the official inspection legend. At the time of removal of the covering the official inspection legend shall be destroyed.
(d) The outside containers of any product which has been inspected and passed for cooking, pork which has been refrigerated as provided in § 1.331(b)(2) (relating to treatment of pork and products containing pork) and beef which has been inspected and passed for refrigeration shall bear the markings and tag prescribed in § 1.544(b) (relating to products requiring special supervision).
(e) The outside containers of glands and organs which are not used for human food purposes, such as those described in § 1.553 (relating to materials exempted from this subchapter), shall be plainly marked with the phrase ‘‘For pharmaceutical purposes,’’ ‘‘For organotherapeutic purposes’’ or ‘‘For technical purposes,’’ as appropriate, with no reference to inspection, and need not bear other markings otherwise required in this chapter.
(f) Stencils, box dies, labels and brands may be used on shipping containers of properly labeled products and on such immediate containers of properly marked products as tierces, barrels, drums, boxes, crates and large-size fiberboard containers, without approval if the stencils, box dies, labels and brands are not false or misleading and are approved by the officer in charge. The official inspection legend for use with such markings shall be approved by the Department.
(g) The outside containers of livers prepared as specified in § 1.210 (relating to shipping of condemned livers; conditions for disposal) shall be marked as provided in the section.
§ 1.232. Marking tank cars and trucks.
(a) Each tank car and each tank truck carrying inspected and passed product from an official establishment shall bear a label containing the name of the product in accordance with § 1.244(1) (relating to information required on principal display panel), the official inspection legend and the words ‘‘date of loading,’’ followed by a suitable space in which the inspector shall insert the date when the tank car or truck is loaded. The label shall be located conspicuously and shall be printed on material of such character and so affixed as to preclude detachment or effacement upon exposure to the weather. Before the car or truck is removed from the place where it is unloaded the carrier shall remove or obliterate such label.
(b) Tank cars and tank trucks carrying inspected and passed product from an official establishment to another official establishment shall be equipped for sealing and securely sealed by a program employe with an official seal of the Department bearing the official inspection legend.
§ 1.233. Marking outside containers of inedible grease and the like.
(a) Outside containers of inedible grease, inedible tallow or other inedible animal fat, or mixture of any such articles resulting from operations at any official establishment shall be marked conspicuously with the word ‘‘inedible’’ prior to removal from the point of filling. Containers such as tierces, barrels and half barrels shall have both ends painted white with durable paint, if necessary, to provide a contrasting background, and the word ‘‘inedible’’ shall be marked thereon in letters not less than 2 inches high, while on tank cars and tank trucks the letters shall be not less than 4 inches high.
(b) Inspected rendered animal fat which is not intended for human food may also be marked ‘‘inedible’’ if handled as provided in subsection (a) and Subchapter F (relating to disposal of condemned and other inedible products).
Cross References This section cited in 7 Pa. Code § 1.206 (relating to inedible fats from outside official establishments).
§ 1.234. Custom prepared products.
(a) Carcasses and parts of carcasses which are custom prepared in accordance with § 1.11(2) (relating to general) shall be marked at the time of preparation with the phrase ‘‘Not for Sale’’ in letters at least three-eighths inch in height, except that such products need not be so marked if in immediate containers properly labeled in accordance with § 1.277 (relating to labeling custom prepared products).
(b) Ink used for marking such products shall comply with the requirements of § 1.224 (relating to branding ink).
§ 1.235. Marking of certain swine carcasses and parts thereof.
The carcasses of boars and cryptorchids, and the primal parts and bone-in cuts susceptible of marking, from such swine that are subject to § 1.160(c) (relating to sexual odor of swine) shall bear the marks prescribed in § 1.160(c).
Source The provisions of this § 1.235 added October 22, 1971, 1 Pa.B. 2014.
LABELING REQUIREMENTS
§ 1.241. General labeling requirement; exemptions.
When, in an official establishment, any inspected and passed product is placed in any receptacle or covering constituting an immediate container, there shall be affixed to such container a label as described in this subchapter, except that the following shall not have to bear such a label:
(1) Wrappings of dressed carcasses and primal parts in an unprocessed state bearing the official inspection legend, if such wrappings are intended solely to protect the product against soiling or excessive drying during transportation or storage, and the wrappings bear no information except company brand names, trade marks, or code numbers.
(2) Uncolored transparent coverings, such as cellophane, which bear no written, printed or graphic matter and which enclose any unpackaged or packaged product bearing all markings required by § § 1.221—1.223 which are clearly legible through such coverings.
(3) Animal and transparent artificial casings bearing only the markings required by § § 1.229 and 1.230 (relating to marking of sausages and similar products; and special markings for certain meat food products).
(4) Stockinettes used as ‘‘operative devices,’’ such as those applied to cured meats in preparation for smoking, whether or not such stockinettes are removed following completion of the operations for which they were applied.
(5) Containers such as boil-in bags, trays of frozen dinners, and pie pans which bear no information except company brand names, trade marks, code numbers, directions for preparation and serving suggestions, and which are enclosed in a consumer size container that bears a label as described in this subchapter.
(6) Containers of products passed for cooking or refrigeration and moved from an official establishment under the provisions of § 1.141 (relating to general requirements).
§ 1.242. Folders and coverings.
(a) Folders and similar coverings made of paper or similar materials, whether or not they completely enclose the product and which bear any written, printed or graphic matter shall bear all features required on a label for an immediate container.
(b) No covering or other container which bears or is to bear a label shall be filled, in whole or in part, except with product which has been inspected and passed in compliance with this chapter, which is not adulterated and which is strictly in accordance with the statements on the label. No such container shall be filled in whole or in part, and no label shall be affixed thereto, except under supervision of a program employe.
§ 1.243. Identity of label—general.
(a) A label, within the meaning of this subchapter, is a display of any printing, lithographing, embossing, stickers, seals, or other written, printed or graphic matter upon the immediate container (not including package liners) of any product.
(b) Any word, statement or other information required by this subchapter to appear on the label shall be prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. Such information shall appear on the principal display panel except as otherwise permitted in this subchapter.
(c) The immediate container of bone-in cuts not susceptible of marking, and of boneless meat, derived from carcasses of swine subject to § 1.160(c) (relating to sexual odor of swine), shall bear the marks required by § 1.160(c).
Source The provisions of this § 1.243 amended October 22, 1971, 1 Pa.B. 2014. Immediately preceding text appears at serial page (1283).
Cross References This section cited in 7 Pa. Code § 1.160 (relating to sexual odor of swine); and 7 Pa. Code § 1.230 (relating to special markings for certain meat food products).
§ 1.244. Information required on principal display panel.
Labels of all products shall show the following information on the principal display panel except as otherwise permitted in this subchapter:
(1) The name of the product which, in the case of a product that purports to be or is represented as a product for which a definition and standard of identity or composition is prescribed in this chapter shall be the name of the food specified in the standard, and in the case of any other product shall be the common or usual name of the food, if any there be, and if there is none, a truthful descriptive designation.
(2) If the product is fabricated from two or more ingredients the word ‘‘ingredients’’ followed by a list of the ingredients as prescribed in § 1.247 (relating to list of ingredients).
(3) The name and place of business of the manufacturer, packer or distributor for whom the product is prepared as prescribed in § 1.248 (relating to name of product manufacturer, packer or distributor).
(4) An accurate statement of the net quantity of contents as prescribed in § 1.249 (relating to net quantity statements—general).
(5) An official inspection legend and the number of the official establishment, except as otherwise provided in § 1.256 (relating to establishment number on labels).
(6) Any other information required by Subchapter J (relating to product standards of identity).
Cross References This section cited in 7 Pa. Code § 1.232 (relating to marking tank cars and trucks); and 7 Pa. Code § 1.245 (relating to identity and size of principal display panel).
§ 1.245. Identity and size of principal display panel.
The principal display panel shall be the part of a label that is most likely to be displayed, presented, shown or examined under customary conditions of display for sale. Where packages bear alternate principal display panels, information required to be placed on the principal display panel shall be duplicated on each principal display panel. The principal display panel shall be large enough to accommodate all the mandatory label information required to be placed thereon by this chapter with clarity and conspicuousness and without obscuring such information by designs or vignettes or crowding. In determining the area of the principal display panel tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars shall be excluded. The principal display panel shall conform to the following size requirements:
(1) In the case of a rectangular package, one entire side the area of which shall be at least the product of the height times the width of that side.
(2) In the case of a cylindrical or nearly cylindrical container, an area that is 40% of the product of the height of the container times the circumference of the container, or an area at least one-third of the product of the height times the circumference of the container, if immediately to the right or left of such area, there is an area reserved for information prescribed in § 1.244(2), (3) and (5) (relating to information required on principal display panel) equal to not more than 20% of the circumference.
(3) In the case of a container of any other shape, 40% of the total surface of the container.
§ 1.246. Descriptive designation of product.
(a) Any descriptive designation used as a product name or a label for a product which has no common or usual name shall clearly and completely identify the product.
(b) Product which has been prepared by salting, smoking, drying, cooking, chopping or otherwise shall be so described on the label unless the name of the product implies, or the manner of packaging shows that the product was subjected to such preparation.
(c) The unqualified terms ‘‘meat,’’ ‘‘meat byproduct,’’ ‘‘meat food product,’’ and terms common to the meat industry but not common to comsumers, such as ‘‘picnic,’’ ‘‘butt,’’ ‘‘cala,’’ ‘‘square,’’ ‘‘loaf,’’ ‘‘spread,’’ ‘‘delight,’’ ‘‘roll,’’ ‘‘plate,’’ ‘‘luncheon’’ and ‘‘daisy,’’ shall not be used as names of a product unless accompanied with terms descriptive of the product or with a list of ingredients as deemed necessary in any specific case by the Department in order to assure that the label will not be false or misleading.
§ 1.247. List of ingredients.
(a) The list of ingredients shall show the common or usual names of the ingredients arranged in the descending order of predominance, except as otherwise provided in this section.
(b) The term ‘‘flavorings’’ may be used to designate natural spices, essential oils, oleoresins and other natural spice extractives, and the term ‘‘spices’’ may be used to designate natural spices without naming each.
(c) The term ‘‘corn syrup’’ may be used to designate either corn syrup or corn syrup solids.
(d) The term ‘‘animal and vegetable fats’’ or ‘‘vegetable and animal fats’’ may be used to designate the ingredients of mixtures of such edible fats in product designated ‘‘compound’’ or ‘‘shortening.’’ ‘‘Animal fats’’ means fat derived from inspected and passed cattle, sheep, swine or goats.
(e) When a product is coated with pork fat, gelatin or other approved substance and a specific declaration of such coating appears contiguous to the name of the product, the ingredient statement need not make reference to the ingredients of such coating.
(f) When two meat ingredients comprise at least 70% of the meat and meat byproduct ingredients of a formula and when neither of the two meat ingredients is less than 30% by weight of the total meat and meat byproducts used, such meat ingredients may be interchanged in the formula without a change being made in the ingredients statement on labeling materials if the word ‘‘and’’ in lieu of a comma is shown between the declaration of such meat ingredients in the statement of ingredients.
(g) On containers of frozen dinners, entrees, pizzas and similarly consumer packaged products in cartons the ingredient statement may be placed on the front riser panel if the words ‘‘see ingredients’’ followed immediately by an arrow is placed on the principal display panel immediately above the location of such statement without intervening print or designs.
Cross References This section cited in 7 Pa. Code § 1.244 (relating to information required on principal display panel).
§ 1.248. Name of product manufacturer, packer or distributor.
(a) The name of the person that prepared the product or the name of the operator of the official establishment where the product is prepared by a subsidiary or tenant of the operator may appear as the name of the manufacturer or packer without qualification on the label. Otherwise the name of the distributor of the product shall be shown with a phrase such as ‘‘Prepared for . . .’’ or ‘‘Distributed by . . .’’.
(b) The place of business of the manufacturer, packer or distributor shall be shown on the label by city, state and postal zip code when such business is listed in a telephone or city directory; and if not listed in such directory then the place of business shall be shown by street address, city, state, and postal zip code.
(c) The name and place of business of the manufacturer, packer or distributor may be shown on one of the following:
(1) The principal display panel.
(2) The 20% panel adjacent to the principal display panel reserved for required information.
(3) The front riser panel of frozen food cartons.
Cross References This section cited in 7 Pa. Code § 1.244 (relating to information required on principal display panel).
§ 1.249. Net quantity statements—general.
(a) The statement of net quantity of contents shall appear on the principal display panel of all containers to be sold at retail intact and shall appear on all containers in conspicuous and easily legible boldface print or type in distinct contrast to other matter on the package.
(b) The statement as it is shown on a label shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container exclusive of wrappers and packing substances. Reasonable variations caused by loss or gain or moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practice shall be recognized. Variations from stated quantity of contents shall not be unreasonably large.
(c) The statement shall be placed on the principal display panel within the bottom 30% of the area of the panel in lines generally parallel to the base except that on packages having a principal display panel of five square inches or less, such requirement shall not apply when the statement meets the other requirements of this Subchapter. In any case, the statement may appear in more than one line. The terms ‘‘net weight’’ or ‘‘net wt.’’ shall be used when stating the net quantity of contents in terms of weight, and the term ‘‘net contents’’ or ‘‘content’’ when stating the net quantity of contents in terms of fluid measure.
(d) Except as provided in § 1.269 (relating to labels in foreign languages), the statement shall be expressed in terms of avoirdupois weight or liquid measure. Where no general consumer usage to the contrary exists, the statement shall be in terms of liquid measure if the product is liquid, or in terms of weight if the product is solid, semisolid viscous or a mixture of solid and liquid. For example, a declaration of 3/4 pound avoirdupois weight shall be expressed as ‘‘Net Wt. 12 oz.’’ unless it is on a random weight package and a declaration of 1 1/2 pounds avoirdupois weight shall be expressed as ‘‘Net Wt. 24 oz. (1 lb. 8 oz.),’’ ‘‘Net Wt. 24 oz. (1 1/2 lb.),’’ or ‘‘Net Wt. 24 oz. (1.5 lbs.).’’
(e) A ‘‘random weight package’’ is one which is one of a lot, shipment or delivery of packages of the same product with varying weights and with no fixed weight pattern.
Cross References This section cited in 7 Pa. Code § 1.244 (relating to information required on principal display panel); 7 Pa. Code § 1.253 (relating to multiunit retail packages); and 7 Pa. Code § 1.255 (relating to exemptions from quantity statement requirements).
§ 1.250. Dual declarations on quantity statements.
On packages containing one pound or one pint and less than four pounds or one gallon, the statement of net quantity shall be expressed as a dual declaration both in ounces and immediately thereafter in parenthesis in pounds, with any remainder in terms of ounces or common or decimal fraction of the pound, or in the case of liquid measure, in the largest whole units with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart. On random weight packages, however, the statement shall be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places, for packages over one pound, and for packages which do not exceed one pound the statement may be in decimal fractions of the pound in lieu of ounces.
Cross References This section cited in 7 Pa. Code § 1.253 (relating to multiunit retail packages); and 7 Pa. Code § 1.255 (relating to exemptions from quantity statement requirements).
§ 1.251. Size of quantity statements.
(a) The statement of net quantity shall be in letters and numerals in type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:
(1) Not less than one-sixteenth inch in height on packages the principal display panel of which has an area of five square inches or less.
(2) Not less than one-eighth inch in height on packages the principal display panel of which has an area of more than five but not more than 25 square inches.
(3) Not less than three-sixteenths inch in height on packages the principal display panel of which has an area of more than 25 but not more than 100 square inches.
(4) Not less than one-quarter inch in height on packages the principal display panel of which has an area of more than 100 but not more than 400 square inches.
(5) Not less than one-half inch in height on packages the principal display panel of which has an area of more than 400 square inches.
(b) The ratio of height to width of letters and numerals shall not exceed a differential of three units to one unit (no more than three times as high as it is wide). Heights pertain to upper case or capital letters. When upper and lower case or all lower case letters are used, it is the lower case letter ‘‘o’’ or its equivalent that shall meet the minimum standards. When fractions are used, each component numeral shall meet one-half the height standards.
(c) The statement shall appear as a distinct item on the principal display panel and shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter ‘‘N’’ of the style of type used in the statement from other printed label information appearing above or below the statement, and by a space at least equal to twice the width of the letter ‘‘N’’ of the style of type used in the statement from other printed label information appearing to the left or right of the statement. It shall not include any term qualifying a unit of weight, measure or count such as, ‘‘jumbo quart,’’ ‘‘full gallon,’’ ‘‘giant quart,’’ ‘‘when packed,’’ ‘‘minimum’’ or words of similar import.
Cross References This section cited in 7 Pa. Code § 1.253 (relating to multiunit retail packages).
§ 1.252. Labels indicating number of servings.
Labels for containers which bear any representation as to the number of servings contained therein shall bear, contiguous to such representation, and in the same size type as is used for such representation, a statement of the net quantity of each such serving.
§ 1.253. Multiunit retail packages.
(a) On a multiunit retail package, a statement of the net quantity of contents shall appear on the outside of the package and shall include the number of individual units, the quantity of each individual unit and, in parentheses, the total net quantity of contents of the multiunit package in terms of avoirdupois or fluid ounces. Such declaration of total quantity need not be followed by an additional parenthetical declaration in terms of the largest whole units and subdivisions thereof as required by § 1.250 (relating to dual declarations on quantity statements).
(b) ‘‘Multiunit retail package’’ means a package containing two or more individually packaged units of the identical commodity and in the same quantity, with the individual packages intended to be sold as part of the multiunit retail package but capable of being individually sold in full compliance with this Subchapter.
(c) Open multiunit retail packages that do not obscure the number of units and the labeling thereon shall not be subject to the requirements of this section if the labeling of each individual unit complies with § § 1.249(b) and (c) and 1.251(a) and (c) (relating to net quantity statements—general; and size of quantity statements).
§ 1.254. Quantity statements on certain bacon cartons.
Shingle packed sliced bacon cartons containing product weighing other than eight ounces, one pound, or 2 pounds shall have the statement of the net quantity of contents shown with the same prominence as the most conspicuous feature on the label and printed in a color of ink contrasting sharply with the background.
§ 1.255. Exemptions from quantity statement requirements.
(a) Individually wrapped and labeled packages of less than one-half ounce net weight which are in a shipping container need not bear a statement of net quantity of contents when the statement of net quantity on the shipping container meets the requirements of this subchapter.
(b) Random weight consumer size packages bearing labels declaring net weight, price per pound and total price, shall be exempt from the type size, dual declaration and placement requirements for statements of net quantity if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.
(c) Sliced shingle packed bacon in rectangular packages containing 8 ounces, 1 pound, or 2 pounds shall be exempt from the requirements of § § 1.249(c) and 1.250 (relating to net quantity statements—general; and dual declarations on quantity statements) if the statement appears as ‘‘8 oz.,’’ ‘‘1/2 pound,’’ ‘‘1 pound,’’ ‘‘one pound,’’ ‘‘2 pounds’’ or ‘‘two pounds,’’ as the case may be, in a conspicuous manner on the principal display panel.
§ 1.256. Establishment number on labels.
(a) The official establishment number shall be either embossed or lithographed on all hermetically sealed metal, plastic or glass containers or products fully processed within such containers in an official establishment, except that such containers which bear labels lithographed directly on the container and in which the establishment number is incorporated need not have the establishment number separately embossed or lithographed thereon. Labels shall not be affixed to containers so as to obscure the embossed or lithographed establishment number.
(b) When any product is placed in a carton or in a wrapper of paper or cloth or in any other type of container approved by the Department and labeled in accordance with this subchapter, the official inspection legend and the official establishment number may be applied by means of a sticker to be securely and prominently affixed, along with the name of product, at a place on the label reserved for the purpose. If there are two or more display panels featuring the name of product the inspection sticker shall be affixed to each panel.
(c) The official establishment number may be omitted from the official inspection legend on the following containers or labels:
(1) Cartons used as outer containers of edible fats, such as lard and oleomargarine, when such products are enclosed in wrappers which bear an official inspection legend containing the official establishment number.
(2) The immediate containers of sliced bacon, frozen dinners and pies, and similarly packaged products when the official establishment number is placed on an end panel at the time of packaging and when it is presented on a single colored background in a prominent and legible manner in a size sufficient to insure easy recognition.
(3) Consumer size packages of sliced meat food products when the official establishment number is printed on the label at the time of packaging and when it is presented on a single colored background in a prominent and legible manner in a size sufficient to insure easy recognition.
(4) Consumer size containers of meat food products in aluminum pans or trays when the official establishment number is embossed in such pans or trays and when a statement such as ‘‘Est. No. on Pan’’ is placed contiguous to the official inspection legend on the container.
(5) Artificial casings or bags enclosing meat food products when the official establishment number is etched in ink on a flat surface of a metal clip used to close the container in a prominent and legible manner in a size sufficient to insure easy recognition and when a statement, such as, ‘‘Est. No. on Metal Clip’’ is placed contiguous to the official inspection legend on the casing or bag.
(6) Paper labels of canned products when the official establishment number is printed on the principal display panel at the time of labeling the container, or the official establishment number may be printed on the back of the paper label when the statement ‘‘Est. No. on Back of Label’’ is printed contiguous to the official legend, in a prominent and legible manner in a size sufficient to insure easy recognition.
Cross References This section cited in 7 Pa. Code § 1.244 (relating to information required on principal display panel).
§ 1.257. Imitation food.
(a) A label for a product which is an imitation of another food shall bear the word ‘‘imitation’’ immediately preceding the name of the food imitated and in the same size and style of lettering as in that name. Immediately thereafter the word ‘‘ingredients’’ shall appear followed by the names of the ingredients arranged in the order of their predominance.
(b) Subsection (a) shall not apply to parts of a carcass which have been so prepared that they resemble an article such as a ham for which a standard is prescribed in Subchapter J (relating to product standards of identity) but which do not meet the requirements of such standard.
§ 1.258. Diet food.
If a product purports to be or is represented for any special dietary use by man, its label shall bear a statement concerning its vitamin, mineral and other dietary properties upon which the claim for such use is based in whole or in part and shall be in conformity with the provisions of 21 CFR Part 125, established pursuant to the Federal Act (21 U.S.C.A. § § 343 and 371).
§ 1.259. Artificial flavoring.
(a) When an approved artificial smoke flavoring or an approved smoke flavoring is added as an ingredient in the formula of a meat food product as permitted by this chapter, there shall appear on the label, in prominent letters and contiguous to the name of the product, a statement such as Smoke Flavoring Added’’ or ‘‘Smoke Flavoring Added,’’ as may be applicable, and the ingredient statement shall identify any artificial smoke flavoring so added.
(b) When any other artificial flavoring is permitted to be added to a product, the ingredient statement shall identify it as ‘‘Artificial Flavoring.’’
§ 1.260. Artificial coloring.
(a) When artificial coloring is permitted to be added to edible fats it shall be declared on the label in a prominent manner and contiguous to the name of the product by the words ‘‘Artificially colored,’’ ‘‘Artificial coloring added’’ or ‘‘With added artificial coloring.’’ When natural coloring such as annatto is added to edible fats such substance shall be declared on the label in the same manner by a phrase such as ‘‘Colored with annatto.’’
(b) When product is placed in a casing to which artificial coloring is applied there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words, ‘‘Artificially colored.’’
(c) If a casing is removed from product at an official establishment and there is evidence of artificial coloring on the surface of the product, there shall appear on the label, in a prominent manner and contiguous to the name of product, the words ‘‘Artificially colored.’’
(d) When a casing is colored prior to its use as a covering for product and the color is not transferred to the product enclosed in the casing, no reference to color need appear on the label but no such casing may be used if it is misleading or deceptive with respect to color, quality, kind of product or otherwise.
(e) Product which bears or contains any other artificial coloring as permitted shall bear a label stating that fact on the immediate container or if there is none, on the product.
§ 1.261. Antioxidant.
When an antioxidant is added to product there shall appear on the label in prominent letters and contiguous to the name of the product, a statement identifying the officially approved specific antioxidant by its common name or abbreviation thereof and the purpose for which it is added, such as, ‘‘BHA, BHT and Propyl gallate added to help protect flavor.’’
§ 1.262. Preservatives.
Containers of other product packed in, bearing, or containing any chemical preservative shall bear a label stating that fact.
§ 1.263. Packaged products requiring special handling.
(a) Packaged products which require special handling to maintain their wholesome condition shall have prominently displayed on the principal display panel of the label the statement ‘‘KEEP REFRIGERATED,’’ ‘‘KEEP FROZEN,’’ ‘‘PERISHABLE KEEP UNDER REFRIGERATION,’’ or such similar statement as the Department may approve in specific cases.
(b) Products that are distributed frozen during distribution and thawed prior to or during display for sale at retail shall bear the statement on the shipping container, ‘‘KEEP FROZEN.’’ The consumer-size containers for such products shall bear the statement, ‘‘PREVIOUSLY HANDLED FROZEN FOR YOUR PROTECTION, REFREEZE OR KEEP REFRIGERATED.’’ For all perishable canned products the statement shall be shown in upper case letters 1/4 inch in height for containers having a net weight of 3 pounds or less, and for containers having a net weight over 3 pounds, the statement shall be in upper case letters at least 1/2 inch in height.
§ 1.264. Abbreviations of marks of inspection.
The Department may approve and authorize the use of abbreviations of marks of inspeciton. Such abbreviations shall have the same force and effect as the respective marks for which they are authorized abbreviations.
§ 1.265. Marking devices bearing inspection legend.
Except for the purpose of submitting a sample or samples of the same to the Department for approval, no person shall procure, make or prepare, or cause to be procured, made or prepared, labels, brands or other marking devices bearing the inspection legend or any abbreviations, copy or representation thereof, for use on any product without the written authority therefor of the Department. However, when any sample label, brand or other marking device is approved by the Department, new supplies of such labels and new brands and other marking devices of a character exactly similar to such approved sample may be procured, made or prepared for use without further approval.
Cross References This section cited in 7 Pa. Code § 1.268 (relating to use of labels; existing stocks).
§ 1.266. Approval of labels.
(a) Except as provided in subsection (d) no label shall be used on any product until it has been approved in its final form by the Department. For the convenience of the establishment, sketches or proofs of new labels may be submitted in triplicate through the veterinary supervisor to the program for approval and the preparation of finished labels deferred until such approval is obtained. All finished labels shall be submitted in triplicate through the veterinary supervisor to the program for approval.
(b) In case of lithographed labels, paper take-offs in lieu of sections of the metal containers shall be submitted for approval. Such paper take-offs shall not be in the form of a negative but shall be a complete reproduction of the label as it will appear on the package, including any color scheme involved. In case of fiber containers, printed layers, such as the kraft paper sheet, shall be submitted for approval in lieu of the complete container.
(c) Inserts, tags, liners, pasters and like devices containing printed or graphic matter and for use on, or to be placed within, containers and coverings of product shall be submitted for approval in the same manner as provided for labels in subsection (a), except that the veterinary supervisor may permit use of such devices which contain no reference to product and bear no misleading feature.
(d) Stencils, labels, box dies and brands may be used on shipping containers and on such immediate containers as tierces, barrels, drums, boxes, crates, and large-size fiberboard containers if the markings are applicable to the product, are not false or deceptive, and are used with the approval of the veterinary supervisor. The inspection legend for use in combination with such markings shall be approved by the Department.
§ 1.267. Approval of label modifications by veterinary supervisor.
The veterinary supervisor may approve modification of approved labels or markings under the following circumstances if the labeling or marking as modified is so used as not to be false or misleading:
(1) When all features of the label or marking are proportionately enlarged and the color scheme remains the same.
(2) When there is substitution of such abbreviations as ‘‘lb.’’ for ‘‘pound,’’ or ‘‘oz.’’ for ‘‘ounce’’ or the word “pound” or “ounce” is substituted for the abbreviation.
(3) When a master or stock label has been approved from which the name and address of the distributor are omitted and such name and address are applied before being used. In such case, the words ‘‘prepared for’’ or similar statement shall be shown together with the blank space reserved for the insertion of the name and address when such labels are offered for approval.
(4) When, during Christmas and other holiday seasons, wrappers or other covers bearing floral or foliage designs or illustrations of rabbits, chicks, fireworks or other emblematic holiday designs are used with approved labels or markings. The use of such designs shall not make necessary the application of labeling not otherwise required.
(5) When there is a slight change in arrangement of directions pertaining to the opening of cans or the serving of the product.
(6) When there is a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label if the change in quantity of ingredients complies with any minimum or maximum limits for the use of such ingredients prescribed in this chapter.
§ 1.268. Use of labels; existing stocks.
Labels shall be used only on products for which they are approved in accordance with § 1.265 (relating to marking devices bearing inspection legend) except that existing stocks of labels approved prior to January 1, 1971, and the quantity of which has been identified to the Department as being in storage on such date at the official establishment or other identified warehouse for the account of the operator of the official establishment may be used until such stocks are exhausted, but not later than January 1, 1972, unless such labels conform to all the requirements of this chapter. The Department may upon the show of good cause grant individual extension of time as he deems necessary.
§ 1.269. Labels in foreign languages.
Labels to be affixed to packages of product may be printed in a foreign language and may show the statement of the quantity of contents in accordance with the foreign usage. Other deviations from the form of labeling required by this subchapter may be approved for such product by the Department if the requirements of this subchapter apply. The inspection legend and the establishment number shall in all cases appear in English but in addition, may appear literally translated in a foreign language.
Cross References This section cited in 7 Pa. Code § 1.249 (relating to net quantity statements—general).
§ 1.270. False or misleading labeling—general.
(a) No product or any of its wrappers, packaging or other containers shall bear any false or misleading marking, label or other labeling and no statement, word, picture, design or device which conveys any false impression or gives any false indication of origin or quality or is otherwise false or misleading shall appear in any marking or other labeling. No product shall be wholly or partly enclosed in any wrapper, packaging or other container that is so made, formed or filled as to be misleading.
(b) The requirement that the label shall contain the name and place of business of the manufacturer, packer or distributor shall not relieve any establishment from the requirement that its label shall not be misleading in any particular.
§ 1.271. Specific requirements and prohibitions for labels.
The labels and containers of product shall comply with the following provisions as applicable:
(1) Terms having geographical significance with reference to a locality other than that in which the product is prepared may appear on the label only when qualified by the word ‘‘style,’’ ‘‘type’’ or ‘‘brand,’’ as the case may be, in the same size and style of lettering as in the geographical term, and accompanied with a prominent qualifying statement identifying the country, state, territory, or locality in which the product is prepared, using terms appropriate to effect the qualification. When the word ‘‘style’’ or ‘‘type’’ is used, there shall be a recognized style or type of product identified with and peculiar to the area represented by the geographical term, the product shall possess the characteristics of such style or type, and the word ‘‘brand’’shall not be used in such a way as to be false or misleading. A geographical term, however, which has come into general usage as a trade name and which has been approved by the Department as being a generic term may be used without such qualifications. The terms ‘‘frankfurter,’’ ‘‘vienna,’’ ‘‘bologna,’’ ‘‘lebanon bologna,’’ ‘‘braunschweiger,’’ ‘‘thuringer,’’ ‘‘genoa,’’ ‘‘leona,’’ ‘‘berliner,’’ ‘‘holstein,’’ ‘‘goteborg,’’ ‘‘milan,’’ ‘‘polish’’ and their modifications as applied to sausages, the terms ‘‘brunswick’’ and ‘‘irish’’ as applied to stews, and the term ‘‘boston’’ as applied to pork shoulder butts need not be accompanied with the word ‘‘style,’’ ‘‘type’’ or ‘‘brand,’’ or a statement identifying the locality in which the product is prepared.
(2) Such terms as “farm” or “country” may not be used on labels in connection with products unless such products are actually prepared on the farm or in the country except that:
(i) if the product is prepared in the same way as on the farm or in the country these terms, if qualified by the word “style” in the same size and style of lettering, may be used; and
(ii) the term “farm” may be used as part of a brand designation when qualified by the word “brand” in the same size and style of lettering, and followed with a statement identifying the locality in which the product is prepared. Sausage containing cereal shall not be labeled “farm style” or “country style,” and lard not rendered in an open kettle shall not be designated as “farm style” or “country style.”
(3) The term “spring lamb” or “genuine spring lamb” shall be applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not later than the close of the week containing the first Monday in October.
(4) Coverings shall not be of such color, design or kind as to be misleading with respect to color, quality or kind of product to which they are applied. For example, transparent or semitransparent coverings for such articles as sliced bacon or fresh (uncooked) meat and meat food products shall not bear lines or other designs of red or other color which give a false impression of leanness of the product. Transparent or semitransparent wrappers, casings or coverings for use in packaging cured, cured and smoked, or cured and cooked sausage products, and sliced ready-to-eat meat food products may be color tinted or bear red designs on 50% of such wrapper or covering if:
(i) the transparent or semitransparent portion of the principal display panel is free of color tinting and red designs; and
(ii) the principal display panel provides at least 20% unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.
(5) The term “fresh” shall not be used on labels to designate product which contains any sodium nitrate, sodium nitrite, potassium nitrate or potassium nitrite, or which has been salted for preservation.
(6) No ingredient shall be designated on the label as a spice, flavoring or coloring unless it conforms with the meaning of such terms as commonly understood by consumers. The term “spice” shall be shown for all natural spices. An ingredient which is both a spice and a coloring or both a flavoring and a coloring shall be designated as “spice and coloring” or “flavoring and coloring,” as the case may be, unless such ingredient is designated by its specific name.
(7) As used on labels of product, the term “gelatin” shall mean:
(i) the jelly prepared in official establishments by cooking pork skins, tendons, or connective tissue from inspected and passed product; or
(ii) dry commercial gelatin or the jelly resulting from its use.
(8) Product (other than canned product) labeled with the term “loaf” as part of its name shall conform with the following:
(i) If distributed from the official establishment in consumer size containers may be in any shape.
(ii) If distributed in a container of size larger than that sold intact at retail the product shall be prepared in rectangular form, or as specified in subparagraph (iii).
(iii) If labeled as an “Old Fashioned Loaf” shall be prepared in a traditional form, such as rectangular with rounded top or circular with flat bottom and rounded top.
(9) The term “baked” shall apply only to product which has been cooked by the direct action of dry heat and for a sufficient time to permit the product to assume the characteristics of a baked article, such as the formation of a brown crust on the surface, rendering out of surface fat, and the caramelization of the sugar if applied. Baked loaves shall be heated to a temperature of at least 160°F. and baked pork cuts shall be heated to an internal temperature of at least 170°F.
(10) When products such as loaves are browned by dipping in hot edible oil or by a flame, the label shall state such fact by words such as “Browned in Hot Cottonseed Oil” or “Browned by a Flame,” appearing as part of the product name.
(11) The term “meat” and the names of particular kinds of meat, such as beef, veal, mutton, lamb and pork, shall not be used in such manner as to be false or misleading.
(12) The term “ham,” without any prefix indicating the species of animal from which derived shall be used in labeling only in connection with the hind legs of swine. Ham shanks or ham shank meat or the trimmings accruing in the trimming and shaping of hams shall not be labeled “ham” or “ham meat” without qualification. When used in connection with a chopped product the term “ham” or “ham meat” shall not include the skin.
(13) The terms “shankless” and “hockless” shall apply only to hams and pork shoulders from which the shank or hock has been completely removed, thus eliminating the entire tibia and fibula, or radius and ulna, respectively, together with the overlying muscle, skin and other tissue.
(14) Such terms as “meat extract” or “extract of beef” without qualification shall not be used on labels of connection with products prepared from organs or other parts of the carcass, other than fresh meat. Extracts prepared from any parts of the carcass other than fresh meat may be properly labeled as extracts with the true name of the parts from which prepared. In the case of extract in fluid form, the word “fluid” shall also appear on the label as, for example, “fluid extract of beef.”
(15) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried skim milk is added to sausage there shall appear on the label in a prominent manner, contiguous to the name of the product, the name of each such added ingredient as, for example, “Cereal and Potato Flour Added,” “Soy Flour Added,” “Soy Protein Concentrate Added,” “Isolated Soy Protein Added,” “Nonfat Dry Milk Added,” “Calcium Reduced Dried Skim Milk Added,” or “Cereal and Nonfat Dry Milk Added.”
(16) When any product is enclosed in a container along with a packing substance such as brine, vinegar or agar jelly a declaration of the packing substance shall be printed prominently on the label as part of the name of the product as, for example, “frankfurts packed in brine,” “lamb tongue packed in vinegar,” or “beef tongue packed in agar jelly.” The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.
(17) The term “Leaf Lard” shall refer to lard prepared from fresh leaf fat.
(18) When lard or hardened lard is mixed with rendered pork fat or hardened rendered pork fat, the mixture shall be designated as “rendered pork fat” or “hardened rendered pork fat,” respectively.
(19) Oil, stearin or stock obtained from beef or mutton fats rendered at a temperature above 170°F shall not be designated as “oleo oil,” “oleo stearin” or “oleo stock.”
(20) When not more than 20% of beef fat, mutton fat, oleo stearin, vegetable stearin or hardened vegetable fat is mixed with lard or with rendered pork fat, there shall appear on the label, contiguous to and in the same size and style of lettering as the name of the product, the words “beef fat added,” “mutton fat added,” “oleo stearin added,” “vegetable stearin added” or “hardened vegetable fat added,” as the case may be. If more than 20% is added, the product name shall refer to the particular animal fat or fats used, such as, “Lard and Beef Fat.” The designation “vegetable fat” shall be applicable to vegetable oil, vegetable stearin, or a combination of such oil and stearin, whereas the designations “vegetable oil” and vegetable stearin“ shall be applicable only to the oil and the stearin, respectively, when used in meat food products.
(21) Cooked, cured or pickled pigs feet, pigs knuckles and similar products shall be labeled to show that the bones remain in the product, if such is the case. The designation “semiboneless” shall not be used if less than 50% of the total weight of bones has been removed.
(22) When monoglycerides, diglycerides or polyglycerol esters of fatty acids are added to rendered animal fat or a combination of such fat and vegetable fat there shall appear on the label in a prominent manner and contiguous to the name of the product a statement such as “With Monoglycerides and Diglycerides Added,” or “With Diglycerides and Monoglycerides” or “With Polyglycerol Esters of Fatty Acids.”
(23) When approved proteolytic enzymes are used on steaks or other meat cuts in an official establishment there shall appear on the label contiguous to the product name, a prominent descriptive statement, such as “Dipped in a solution of Papain,” to indicate the use of such enzymes.
(24) When dimethylpolysiloxan is added as an antifoaming agent to rendered fats its presence shall be declared on the label contiguous to the name of the product. Such declaration shall read “Dimethypolysiloxan Added.”
(25) When pizzas are formulated with crust containing calcium propionate or sodium propionate there shall appear on the label contiguous to the name of the product the statement “. . . added to retard spoilage of crust” preceded by the name of the preservative.
(26) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) shall be marked or labeled with a statement disclosing such treatment and the purpose thereof, such as “dipped in a potassium sorbate solution to retard mold growth.”
(27) Meat of goats shall be identified as goat meat or chevon.
Source The provisions of this § 1.271 amended October 22, 1971, 1 Pa.B. 2014. Immediately preceding text appears at serial pages (1297) to (1302).
Cross References This section cited in 7 Pa. Code § 1.230 (relating to special markings for certain meat food products); and 7 Pa. Code § 1.277 (relating to labeling custom prepared products).
§ 1.272. Reuse of official inspection marks.
(a) No official inspection legend or other official mark which has been previously used shall be used again for the identification of any product, except as provided in subsection (b).
(b) All stencils, marks, labels or other labeling on previously used containers, whether relating to any product or otherwise, shall be removed or obliterated before such containers are used for any product, unless such labeling correctly indicates the product to be packed therein and such containers are refilled under the supervision of a program employe.
§ 1.273. Handling of labeled products.
(a) No person shall in any official establishment apply or affix, or cause to be applied or affixed, any label to any product prepared or received in such establishment or to any container thereof, or fill any container at such an establishment except in compliance with this chapter.
(b) No covering or other container shall be filled, in whole or in part at any official establishment with any product unless all of the following:
(1) It has been inspected and passed in compliance with this chapter.
(2) Is not adulterated and is strictly in accordance with the statements on the label.
(3) The filling is done under the supervision of a program employe.
(c) No person shall remove or cause to be removed from an official establishment any product bearing a label unless such label is in compliance with this chapter, or any product not bearing a label required by this chapter.
§ 1.274. Relabeling products.
(a) When it is claimed by an official establishment that any of its products which bore labels bearing official marks has been transported to a location other than an official establishment, and it is desired to relabel the product because the labels have become mutilated or otherwise damaged, a request for relabeling the product shall be sent to the Department accompanied with a statement of the reasons therefor.
(b) Labeling material intended for relabeling inspected and passed product shall not be transported from an official establishment until permission has been received from the Department. The relabeling of inspected and passed product with labels bearing any official marks shall be done under the supervision of a program inspector. The official establishment shall reimburse the program in accordance with the regulations of the Department for any cost involved in supervising the relabeling of the product.
§ 1.275. Transportation of official inspection marks.
Labels, wrappers and containers bearing any official marks, with or without the establishment number, may be transported from one official establishment to any other official establishment if the shipments are made with the prior authorization of the veterinary supervisor at point of origin who shall notify the veterinary supervisor at destination concerning the date of shipment, quantity and type of labeling material involved. No such material shall be used at the establishment to which it is shipped unless such use conforms with this chapter.
§ 1.276. Reporting obsolete labels.
At least once a year the operator of each official establishment shall submit to the Department, in quadruplicate, a list of approved labels no longer used or a list of the documents issued by the Department approving the labels involved. The approved labels shall be identified by the approval number, the date of approval, and the name of the product or other designation showing the class of labeling material.
§ 1.277. Labeling custom prepared products.
(a) Products that are custom prepared shall be packaged immediately after preparation. In lieu of information otherwise required by this subchapter, such packaging shall be labeled with the following information conspicuously displayed on the principal display panel and conforming with the requirements of § 1.271 (relating to specific requirements and prohibitions for labels):
(1) The words “Not for Sale” in lettering not less than three-eighths inch in height.
(2) The name of the product.
(3) The word “ingredients” followed by a list of ingredients, if the product is made from two or more ingredients.
(4) The name and place of business of the custom operator who prepared the product.
(5) An accurate statement of the quantity of contents.
(6) Handling instructions, if necessary to insure that the public will be informed of the manner of handling required to maintain the product in a wholesome condition.
(7) Any other information required to appear on the label, except the official inspection legend.
(b) Such custom prepared products shall not have false or misleading labeling on containers or be otherwise misbranded.
Cross References This section cited in 7 Pa. Code § 1.11 (relating to general); and 7 Pa. Code § 1.234 (relating to custom prepared products).
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