Historic, Archive Document I Do not assume content reflects current scientific knowledge, policies, or practices. tfTS/wsr USDA Meat and Poultry MRHA Department of Agriculture Food Safety and Inspection Service Field Change 98-3 Operations March 25, 1998 UNITED STATES DEPARTMENT OF AGRICULTURE FOOD SAFETY AND INSPECTION SERVICE DIRECTIVE WASHINGTON, DC REVISION CHANGE TRANSMITTAL SHEET AMENDMENT E OTHER CHANGE 98-3 98-3 MEAT AND POULTRY INSPECTION REGULATIONS 3/25/98 PURPOSE I. This document transmits changes to Part 381 of the MPI Regulations. These changes were published in the Federal Register on March 9, 1 998 (63 FR 1 1 359, Docket No. 96-007F), titled Use of Two Kinds of Poultry Without Label Change . CHANGES II. SUBCHAPTER C MANDATORY POULTRY PRODUCTS INSPECTION - Remove Insert Pages 59, 59a, 60 and 60a Pages 59, 59a, 60 and 60a EFFECTIVE DATE: 5/8/98 Deputy-Administrator Office of Policy, Program Development and Evaluation Attachment This covers changes effective as of May 8, 1998. DISTRIBUTION: M91, M93, M94, M95, CM3, OPI: L&CRD/OPPDE S03, ABB, TRA, PRD, Inspection Offices (§381.117(d) continued) Percent Raw Cooked Chicken 20 25 Turkey 15 20 Boneless poultry product shall not have a bone solids content ofmore than percent, calculated 1 on a weight basis. (e) On the label ofany "Mechanically Separated (Kind ofPoultry)" described in § 381.173, the name ofsuch product shall be followed immediately by the phrase: "with excess skin" unless such product is made from poultry product that does not include skin in excess of the natural proportion ofskin present on the whole carcass, as specified in paragraph (d) ofthis section. Appropriate terminology on the label shall indicate ifheat treatment has been used in the preparation ofthe product. The labeling information described in this paragraph shall be identified on the label before the product leaves the establishment at which it is manufactured. §381.118 Ingredients statement. (a)(1) The label shall show a statement ofthe ingredients in the poultry product ifthe product is fabricated from two or more ingredients. Such ingredients shall be listed by their common or usual names in the order oftheir descending proportions, except as prescribed in paragraph (a)(2) ofthis section. (2)(i) Product ingredients which are present in individual amounts of2 percent or less by weight may be listed in the ingredients statement in other than descending order of predominance: Provided That such ingredients are listed by their common or usual names at the . end ofthe ingredients statement and preceded by a quantifying statement, such as "Contains percent or less of ," or "Less than percent of ." The percentage ofthe ingredient(s) shall be filled in with a threshold level of2 percent, 1.5 percent, 1.0 percent, or 0.5 percent, as appropriate. No ingredient to which the quantifying statement applies may be present in an amount greater than the stated threshold. Such a quantifying statement may also be utilized when an ingredients statement contains a listing ofingredients by individual components. Each component listing may utilize the required quantifying statement at the end ofeach component ingredients listing. (ii) Such ingredients may be adjusted in the product formulation without a change being made in the ingredients statement on the labeling, provided that the adjusted amount complies with § 381.147(f)(4) and subpart P ofthis Part, and does not exceed the amount shown in the quantifying statement. Any such adjustments to the formulation shall be provided to the inspector-in-charge. (b) For the purpose ofthis paragraph, the term "chicken meat," unless modified by an appropriate adjective, is construed to mean deboned white and dark meat; whereas the term "chicken" may include other edible parts such as skin and fat not in excess oftheir natural proportions, in addition to the chicken meat. Ifthe term "chicken meat" is listed and the product also contains skin, giblets, or fat, it is necessary to list each such ingredient. Similar principles shall be followed in listing ingredients ofpoultry products processed from other kinds ofpoultry. (c) The terms spice, natural flavor, natural flavoring, flavor or flavoring may be used in the following manner: 98-3 59 381.118 continued) (§ (1) The term "spice" means any aromatic vegetable substance in the whole, broken, or ground form, with the exceptions ofonions, garlic and celery, whose primary function in food is seasoning rather than nutritional and from which no portion ofany volatile oil or other flavoring principle has been removed. Spices include the spices listed in 21 CFR 182.10, and 184. (2) The term "natural flavor," "natural flavoring," "flavor" or "flavoring" means the essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate, or any product ofroasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruitjuice, vegetable or vegetablejuice, edible yeast, herb, bark, bud, root, leafor any other edible portions ofa plant, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose primary function in food is flavoring rather than nutritional. Natural flavors include the natural essence or extractives obtained from plants listed in 21 CFR 182.10, 182.20, 182.40, 182.50 and 184, and the substances listed in 21 CFR 172.510. The term natural flavor, natural flavoring, flavor or flavoring may also be used to designate spices, powdered onion, powdered garlic, and powdered celery. (i) Natural flavor, natural flavoring, flavor or flavoring as described in paragraph (c)(1) and (2) ofthis section, which are also colors shall be designated as "natural flavor and coloring," "natural flavoring and coloring," "flavor and coloring" or "flavoring and coloring" unless designated by their common or usual name. (ii) Any ingredient not designated in paragraph (c)(1) and (2) ofthis section whose function is flavoring, either in whole or in part, must be designated by its common or usual name. Those ingredients which are oflivestock or poultry origin must be designated by names that include the species and livestock and poultry tissues from which the ingredients are derived. (d) On containers offrozen dinners, entrees, and pizzas, and similarly packaged products in cartons, the ingredient statement may be placed on the front riser panel: Provided, That the words "see ingredients," followed immediately by an arrow pointing to the front riser panel, are placed on the principal display panel immediately above the location ofsuch statement, without intervening printing or designs. (e) The ingredients statement may be placed on the information panel, except as otherwise permitted in this subchapter. (f) Establishments may interchange the identity oftwo kinds ofpoultry (e.g., chicken and * turkey, chicken meat and turkey meat) used in a product formulation without changing the * * product’s ingredient statement or product name under the following conditions: * * (l)(i) The two kinds ofpoultry used must comprise at least 70 percent by weight ofthe * * poultry and the poultry ingredients (e.g. giblets, skin or fat in excess ofnatural proportions, or * * mechanically separated (kind)) used; and, * * (ii) Neither ofthe two kinds ofpoultry used can be less than 30 percent by weight ofthe total * * poultry and poultry ingredients used; * * (2) The word “and” in lieu ofa comma must be shown between the declaration ofthe two * * kinds ofpoultry in the ingredients statement and in the product name. * 98-3 59a . § 381.1 19 Declaration ofartificial flavoring or coloring. (a) When an artificial smoke flavoring or a smoke flavoring is added as an ingredient in the formula ofany poultry product, there shall appear on the label, in prominent letters and contiguous to the name ofthe product, a statement such as "Artificial Smoke Flavoring Added" or "Smoke Flavoring Added," as applicable, and the ingredient statement shall identify any artificial smoke flavoring or smoke flavoring added as an ingredient in the formula ofthe poultry product. (b) Any poultry product which bears or contains any artificial flavoring other than an artificial smoke flavoring or a smoke flavoring, or bears or contains any artificial coloring shall bear a statement stating that fact on the immediate container or, ifthere is none, on the product. § 381.120 Antioxidants; chemical preservatives; and other additives. When an antioxidant is added to a poultry product, there shall appear on the label in prominent letters and contiguous to the name ofthe product, a statement showing the name ofthe antioxidant and the purpose for which it is added, such as "BHA added to help protect the flavor." Immediate containers ofpoultry products packed in, bearing, or containing any chemical preservative shall bear a label stating that fact and naming the additive and the purpose ofits use. Immediate containers ofpoultry products packed in, bearing or containing any other chemical additive shall bear a label naming the additive and the purpose ofits use when required by the Administrator in specific cases. When approved proteolytic enzymes as permitted in § 381.147 ofthis subchapter are used in mature poultry muscle tissue, there shall appear on the label, in a prominent manner, contiguous to the product name, the statement, "Tenderized with [approved enzyme]," to indicate the use ofsuch enzymes. Any other approved substance which may be used in the solution shall also be included in the statement. When approved inorganic chlorides as permitted in § 381.147 ofthis subchapter are used in mature poultry muscle tissue, there shall appear on the label, in a prominent manner, contiguous to the product name, the statement, "Tenderized with (name ofapproved inorganic chloride(s))" to indicate the use ofsuch inorganic chlorides. Any other approved substance which may be used in the solution shall also be included in the statement. §381.121 Quantity ofcontents (a) The label shall bear a statement ofthe quantity ofcontents in terms ofweight or measures as provided in paragraph (c)(5) ofthis section. However, the Administrator may approve the use oflabels for certain types ofconsumer packages which do not bear a statement ofthe net weight that would otherwise be required under this subparagraph: Provided, That the shipping container bears a statement "Net weight to be marked on consumer packages prior to display and sale": And provided further, That the total net weight ofthe contents ofthe shipping container is marked on such container: And provided further, That the shipping container bears a statement "Tare weight ofconsumer package" and in close proximity thereto, the actual tare weight (weight ofpackaging material), weighed to the nearest one-eighth ounce or less, ofthe individual consumer package in the shipping container. The above-specified statements may be added to approved shipping container labels upon approval by the inspector in charge. 98-3 60 (§381.121 continued) (b) When a poultry product and a nonpoultry product are separately wrapped and are placed in a single immediate container bearing the same name ofboth products, the net weight on such immediate container may be the total net weight ofthe products, or such immediate container may show the net weights ofthe poultry product and the nonpoultry product separately. Notwithstanding the other provisions ofthis paragraph, the label on consumer size retail packages ofstuffed poultry and other stuffed poultry products must show the total net weight ofthe poultry product, and in close proximity thereto, a statement specifying the minimum weight ofthe poultry in the product. (c) (1) The statement ofnet quantity ofcontents shall appear (except as otherwise permitted under this paragraph (c)), on the principal display panel ofall containers to be sold at retail intact, in conspicuous and easily legible boldface print or type, in distinct contrast to other matter on the container, and shall be declared in accordance with the provisions ofthis paragraph (c). An unused tare weight, as defined in section 381.121b ofthis subchapter, may be printed adjacent to the statement ofnet quantity ofcontents when the product is packaged totally with impervious packaging material and is packed with a usable medium. (2) The statement shall be placed on the principal display panel within the bottom 30 percent ofthe area ofthe panel, in lines generally parallel to the base: Provided, That on packages having a principal display panel of5 square inches or less, the requirement for placement within the bottom 30 percent ofthe area ofthe label panel shall not apply when the statement meets the other requirements ofthis paragraph. The declaration may appear in more than one line. (3) The statement shall be in letters and numerals in type size established in relationship to the area ofthe principal display panel ofthe package and shall be uniform for all packages of substantially the same size by complying with the following type specifications: (i) Not less than one-sixteenth inch in height on containers, the principal display panel of which has an area of5 square inches or less; (ii) Not less than one-eighth inch in height on containers, the principal display panel of which has an area ofmore than 5 but not more than 25 square inches; 98-3 60a