[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR381.15]



[Page 441-442]

 

                  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 442]]



    (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]