[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.15]

[Page 439-440]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 381_POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
 
                          Subpart C_Exemptions
 
Sec. 381.15  Exemption from definition of ``poultry product'' of 
certain human food products containing poultry.

    The following articles contain poultry ingredients only in a 
relatively small proportion or historically have not been considered by 
consumers as products of the poultry food industry. Therefore said 
articles are exempted from the definition of ``poultry product'' and the 
requirements of the Act and the regulations applicable to poultry 
products, if they comply with the conditions specified in this section.
    (a) Any human food product (in a consumer package) not provided for 
in paragraph (c) of this section, if:

[[Page 440]]

    (1) It contains less than 2 percent cooked poultry meat (deboned 
white or dark poultry meat, or both) and/or ``Mechanically Separated 
(Kind of Poultry)'' as defined in Sec. 381.173;
    (2) It contains less than 10 percent of cooked poultry skins, 
giblets, or fat, separately, and less than 10 percent of cooked poultry 
skins, giblets, fat, and meat (as meat is limited in paragraph (a)(1) of 
this section) or ``Mechanically Separated (Kind of Poultry)'' as defined 
in Sec. 381.173, in any combination;
    (3) The poultry ingredients used in the product were prepared under 
inspection as defined in Sec. 381.1, or were inspected under a foreign 
inspection system approved under Sec. 381.196(b) and imported in 
compliance with the Act and the regulations;
    (4) The immediate container of the product bears a label which shows 
the name of the product in accordance with this section; and
    (5) The product is not represented as a poultry product. The 
aforesaid percentages of ingredients shall be computed on the basis of 
the moist, deboned, cooked poultry in the ready-to-serve product when 
prepared according to the serving directions on the consumer package.
    (b) Any human food product (in an institutional pack), not provided 
for in paragraph (c) of this section, if:
    (1) It is prepared for sale only to institutional users, such as 
hotels, restaurants, and boardinghouses, for use as a soup base or 
flavoring;
    (2) It contains less than 15 percent cooked poultry meat (deboned 
white or dark poultry meat or both) and/or ``Mechanically Separated 
(Kind of Poultry)'' as defined in Sec. 381.173, computed on the basis 
of the moist deboned, cooked poultry meat and/or ``Mechanically 
Separated (Kind of Poultry)'' in such product; and
    (3) It complies with the provisions of paragraphs (a)(3), (4), and 
(5) of this section in all respects.
    (c) Bouillon cubes, poultry broths, gravies, sauces, seasonings, and 
flavorings if:
    (1) They contain poultry meat and/or ``Mechanically Separated (Kind 
of Poultry)'' as defined in Sec. 381.173 or poultry fat only in 
condimental quantities;
    (2) They comply with the provisions of paragraphs (a)(3), (4), and 
(5) of this section in all respects; and
    (3) In the case of poultry broth, it will not be used in the 
processing of any poultry product in any official establishment.
    (d) Fat capsules and sandwiches containing poultry products if they 
comply with the provisions of paragraphs (a)(3), (4), and (5) of this 
section in all respects.
    (e) Products of the types specified in this section except those 
specified in paragraphs (c) and (d) of this section will be deemed to be 
represented as poultry products if the kind name of the poultry 
(chicken, turkey, etc.) is used in the product name of the product 
without appropriate qualification. For example, a consumer-packaged 
noodle soup product containing less than 2 percent chicken meat on a 
ready-to-serve basis may not be labeled ``Chicken Noodle Soup'' but, 
when appropriate, could be labeled as ``Chicken Flavored Noodle Soup.'' 
Products exempted under this section are subject to the requirements of 
the Federal Food, Drug, and Cosmetic Act.

[37 FR 9706, May 16, 1972, as amended at 60 FR 55982, Nov. 3, 1995]