§ 59a.14. Labeling: Bottles, containers and packages of milk, milk products or manufactured dairy products.
(a) Department approval required. A permitholder shall, before using a milk, milk product or manufactured dairy product label in commerce, apply for and obtain the approval of the Department for the use of that label. Labels in commercial use as of May 21, 2011, shall have until November 21, 2011, to come into compliance with this registration requirement.
(b) Approval process.
(1) A permitholder seeking the Department’s approval of a milk, milk product or manufactured dairy product label shall apply to the Department at the address provided in § 59a.3 (relating to contacting the Department). The applicant may use an application form that the Department will provide upon request, or may apply by letter requesting label approval. The application must include clear, accurate copies of all labels for which approval is sought.
(2) The Department will approve the use of a milk, milk product or manufactured dairy product label if it meets the requirements of the act and this chapter, including the specific requirements of this section.
(3) The Department will, within 10 business days of receiving a complete application, mail the applicant its written approval or denial of the application.
(i) If the application is denied, the written denial will set forth the basis for denial, and afford the applicant notice and opportunity for an administrative hearing on the denial.
(ii) If the application is granted, the written approval will contain a copy of the label and assign a unique serial number to each label approved under the application. The Department will retain copies of these approvals.
(c) Changes of approved labels. If a label is approved under this section, colors and graphics may be changed without requiring reapproval of the label. If the text, type size or wording is to be changed, the label shall be submitted to the Department for approval in accordance with subsection (b).
(d) Label requirements. Bottles, containers and packages enclosing milk, milk products or manufactured dairy products offered for sale shall be labeled. The label shall be approved by the Department in accordance with this section, and contain the following information:
(1) The name of the food.
(2) The net contents.
(3) The common name of the hooved mammal producing the milk preceding the name of the milk or milk product, if the milk or milk product is or is made from milk other than cow’s milk.
(4) The words ‘‘keep refrigerated after opening,’’ if the milk or milk product is aseptically processed.
(5) The words ‘‘keep refrigerated,’’ if the milk or PMO- defined milk product is conventionally pasteurized or UHT pasteurized.
(6) The words ‘‘Grade ‘A’ ’’ on the exterior surface, except for bottles, containers and packages of milk and milk products that are not eligible for certification as Grade ‘‘A’’ or that are eligible for certification but are not currently certified. Type size may not be larger than letters in basic product name.
(7) The identity of the milk plant where pasteurized, ultrapasteurized, aseptically processed, condensed or dried. When the name and address of a distributor appears in lieu of that of the processor, words such as ‘‘Mfg. for,’’ ‘‘Dist. by’’ or ‘‘Packed for’’ must also appear on the label. Milk or milk products showing a general address or the name and address of a distributor shall be further labeled to identify the processing plant by assigned numerical code or the plant name and address.
(8) The identity of the plant where processed.
(9) The word ‘‘reconstituted’’ or ‘‘recombined,’’ immediately preceding or immediately following the name of the product, in type at least half the size of name of the product which has been reconstituted, if the milk product is made by reconstitution or recombination.
(10) The volume or proportion of water to be added for reconstitution or recombination, if the milk or milk product is concentrated milk or milk product.
(11) In descending order of predominance, a listing of additives, such as flavors, sweeteners, milk solids, lactose, stabilizers, emulsifiers, vitamins and minerals if used.
(12) The quantity or percentage of United States Recommended Daily Allowance (U.S. RDA) per serving, if vitamins, minerals or milk solids have been added to the milk or milk product.
(13) The word ‘‘pasteurized,’’ in type at least one-fourth the height of the letters in the basic product name, if the milk or milk product has been pasteurized. If desired, letters used in modifying terms and ‘‘pasteurized’’ may be the same size, but never larger than the product name. Printing must be readily legible.
(14) The word ‘‘homogenized,’’ if the milk or milk product has been homogenized.
(15) The words ‘‘protein fortified’’ immediately preceding or immediately following the name of the product which has been fortified, in type at least half the size of name of the product which has been fortified, if the milk or milk product is a protein fortified dairy product. The label must include the percentage of milk solids not fat added or the percentage of U.S. RDA of protein, vitamins and minerals per serving on the information panel of the container.
(16) The words ‘‘artificially colored,’’ if an artificial color is used for a flavored milk other than chocolate.
(17) The words ‘‘artificially (name of flavor imitated) flavored milk’’ in type at least half the size of the name of the product imitated, if an artificial flavor is used for artificially flavored milk.
(18) If the milk or milk product has been cultured or acidulated after pasteurization it may, at the applicant’s option, be labeled ‘‘made from pasteurized dairy products.’’
(19) If a milk product contains an ‘‘artificial dairy product’’ as defined in § 57.1 (relating to definitions) as an ingredient which replaces portions of basic compositional ingredients in the milk product, the phrase ‘‘contains artificial
,’’ with the blank filled in with names of the basic compositional ingredients being simulated, immediately following the name of the food.(20) Any sell-by date information required under § 59a.15 (relating to labeling: milk dating).
(e) Exception. The label requirements prescribed under this section do not apply to milk tank trucks and storage tanks, which are addressed in § 59a.16 (relating to markings, sealing and documentation for vehicles containing milk and milk products), or to raw milk for human consumption, which is addressed in § 59a.411 (relating to label content review by the Department). In addition, these requirements do not apply to cans of raw milk from individual dairy farms, which must be identified by name or number of the producer.
(f) False or misleading material. False or misleading marks, words or endorsements upon the label are prohibited. In determining whether labeling is false or misleading, the Department will take into account not only the specific representations made on the label but also the extent to which the labeling fails to reveal facts that are material in light of such representations. The Department may issue guidance documents addressing false or misleading label statements or any other aspect of labeling under this section. Registered trade designs or terms may be permitted on the container cap or label provided they are not misleading and do not obscure the required labeling.
(g) Reference to applicable provisions of the Grade ‘‘A’’ PMO. The provisions of the Grade ‘‘A’’ PMO, in particular section 4, regarding labeling, apply to this section to the extent described in § 59a.11 (relating to adoption of Grade ‘‘A’’ PMO).
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