[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR317.17]



[Page 180-181]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents

 

                            Subpart A_General

 

Sec. 317.17  Interpretation and statement of labeling policy for cured products; special labeling requirements concerning nitrate and nitrite.



    (a) With respect to sections 1(n) (7), (9), and (12) of the Act and 

Sec. 317.2, any substance mixed with another substance to cure a 

product must be identified in the ingredients statement on the label of 

such product. For example, curing mixtures composed of such ingredients 

as water, salt, sugar, sodium phosphate, sodium nitrate, and sodium 

nitrite or other permitted substances which are added to any product, 

must be identified on the label of the product by listing each such 

ingredient in accordance with the provisions of Sec. 317.2.

    (b) Any product, such as bacon and pepperoni, which is required to 

be labeled by a common or usual name or descriptive name in accordance 

with Sec. 317.2(c)(1) and to which nitrate or nitrite is permitted or 

required to be added may be prepared without nitrate or nitrite and 

labeled with such common or usual name or descriptive name when 

immediately preceded with the term ``Uncured'' as part of the product 

name in the same size and style of lettering as the product name, 

provided that the product is found by the Administrator to be similar in 

size, flavor, consistency, and general appearance to such product as 

commonly prepared with nitrate or nitrite, or both.

    (c)(1) Products described in paragraph (b) of this section or Sec. 

319.2 of this subchapter, which contain no nitrate or nitrite shall bear 

the statement ``No Nitrate or Nitrite Added.'' This statement shall be 

adjacent to the product name in lettering of easily readable style and 

at least one-half the size of the product name.

    (2) Products described in paragraph (b) of this section and Sec. 

319.2 of this subchapter shall bear, adjacent to the product name in 

lettering of easily readable style and at least one-half the



[[Page 181]]



size of the product name, the statement ``Not Preserved--Keep 

Refrigerated Below 40 [deg]F. At All Times'' unless they have been 

thermally processed to Fo 3 or more; they have been fermented 

or pickled to pH of 4.6 or less; or they have been dried to a water 

activity of 0.92 or less.

    (3) Products described in paragraph (b) of this section and Sec. 

319.2 of this subchapter shall not be subject to the labeling 

requirements of paragraphs (b) and (c) of this section if they contain 

an amount of salt sufficient to achieve a brine concentration of 10 

percent or more.



[37 FR 16863, Aug. 22, 1972, as amended at 44 FR 48961, Aug. 21, 1979]