[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: 9CFR317.2]



[Page 162-170]

 

                  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. 317.2  Labels: definition; required features.



    (a) A label within the meaning of this part shall mean a display of 

any printing, lithographing, embossing, stickers, seals, or other 

written, printed, or graphic matter upon the immediate container (not 

including package liners) of any product.

    (b) Any word, statement, or other information required by this part 

to appear on the label must be prominently placed thereon with such 

conspicuousness (as compared with other words, statements, designs, or 

devices, in the labeling) and in such terms as to render it likely to be 

read and understood by the ordinary individual under customary 

conditions of purchase and use. In order to meet this requirement, such 

information must appear on the principal display panel except as 

otherwise permitted in this part. Except as provided in Sec. 317.7, all 

words, statements, and other information required by or under authority 

of the Act to appear on the label or labeling shall appear thereon in 

the English language: Provided, however, That in the case of products 

distributed solely in Puerto Rico, Spanish may be substituted for 

English for all printed matter except the USDA inspection legend.

    (c) Labels of all products shall show the following information on 

the principal display panel (except as otherwise permitted in this 

part), in accordance with the requirements of this part or, if 

applicable, part 319 of this subchapter:

    (1) The name of the product, which in the case of a product which 

purports to be or is represented as a product for which a definition and 

standard of identity or composition is prescribed in part 319 of this 

subchapter, shall be the name of the food specified in the standard, and 

in the case of any other product shall be the common or usual name of 

the food, if any there be, and if there is none, a truthful descriptive 

designation, as prescribed in paragraph (e) of this section;

    (2) If the product is fabricated from two or more ingredients, the 

word ``ingredients'' followed by a list of the ingredients as prescribed 

in paragraph (f) of this section;

    (3) The name and place of business of the manufacturer, packer, or 

distributor for whom the product is prepared, as prescribed in paragraph 

(g) of this section;

    (4) An accurate statement of the net quantity of contents, as 

prescribed in paragraph (h) of this section;

    (5) An official inspection legend and, except as otherwise provided 

in paragraph (i) of this section, the number of the official 

establishment, in the form required by part 312 of this subchapter;

    (6) Any other information required by the regulations in this part 

or part 319 of this subchapter.

    (d) The principal display panel shall be the part of a label that is 

most likely to be displayed, presented, shown, or



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examined under customary conditions of display for sale. Where packages 

bear alternate principal display panels, information required to be 

placed on the principal display panel shall be duplicated on each 

principal display panel. The principal display panel shall be large 

enough to accommodate all the mandatory label information required to be 

placed thereon by this part and part 319 of this subchapter with clarity 

and conspicuousness and without obscuring of such information by designs 

or vignettes or crowding. In determining the area of the principal 

display panel, exclude tops, bottoms, flanges at tops and bottoms of 

cans, and shoulders and necks of bottles or jars. The principal display 

panel shall be:

    (1) In the case of a rectangular package, one entire side, the area 

of which is at least the product of the height times the width of that 

side.

    (2) In the case of a cylindrical or nearly cylindrical container:

    (i) An area that is 40 percent of the product of the height of the 

container times the circumference of the container, or

    (ii) A panel, the width of which is one-third of the circumference 

and the height of which is as high as the container: Provided, however, 

That if there is immediately to the right or left of such principal 

display panel, a panel which has a width not greater than 20 percent of 

the circumference and a height as high as the container, and which is 

reserved for information prescribed in paragraphs (c) (2), (3), and (5), 

such panel shall be known as the ``20 percent panel'' and such 

information may be shown on that panel in lieu of showing it on the 

principal display panel.

    (3) In the case of a container of any other shape, 40 percent of the 

total surface of the container.

    (e) Any descriptive designation used as a product name for a product 

which has no common or usual name shall clearly and completely identify 

the product. Product which has been prepared by salting, smoking, 

drying, cooking, chopping, or otherwise shall be so described on the 

label unless the name of the product implies, or the manner of packaging 

shows that the product was subjected to such preparation. The 

unqualified terms ``meat,'' ``meat byproduct,'' ``meat food product,'' 

and terms common to the meat industry but not common to consumers such 

as ``picnic,'' ``butt,'' ``cala,'' ``square,'' ``loaf,'' ``spread,'' 

``delight,'' ``roll,'' ``plate,'' ``luncheon,'' and ``daisy'' shall not 

be used as names of a product unless accompanied with terms descriptive 

of the product or with a list of ingredients, as deemed necessary in any 

specific case by the Administrator in order to assure that the label 

will not be false or misleading.

    (f)(1) The list of ingredients shall show the common or usual names 

of the ingredients arranged in the descending order of predominance, 

except as otherwise provided in this paragraph.

    (i) The terms spice, natural flavor, natural flavoring, flavor and 

flavoring may be used in the following manner:

    (A) The term ``spice'' means any aromatic vegetable substance in the 

whole, broken, or ground form, with the exceptions of onions, garlic and 

celery, whose primary function in food is seasoning rather than 

nutritional and from which no portion of any volatile oil or other 

flavoring principle has been removed. Spices include the spices listed 

in 21 CFR 182.10, and 184.

    (B) The term ``natural flavor,'' ``natural flavoring,'' ``flavor'' 

or ``flavoring'' means the essential oil, oleoresin, essence or 

extractive, protein hydrolysate, distillate, or any product or roasting, 

heating or enzymolysis, which contains the flavoring constituents 

derived from a spice, fruit or fruit juice, vegetable or vegetable 

juice, edible yeast, herb, bark, bud, root, leaf or any other edible 

portion of a 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, powered onion, powdered garlic, 

and powdered celery.



[[Page 164]]



    (ii) The term ``corn syrup'' may be used to designate either corn 

syrup or corn syrup solids.

    (iii) The term ``animal and vegetable fats'' or ``vegetable and 

animal fats'' may be used to designate the ingredients of mixtures of 

such edible fats in product designated ``compound'' or ``shortening.'' 

``Animal fats'' as used herein means fat derived from inspected and 

passed cattle, sheep, swine, or goats.

    (iv) When a product is coated with pork fat, gelatin, or other 

approved substance and a specific declaration of such coating appears 

contiguous to the name of the product, the ingredient statement need not 

make reference to the ingredients of such coating.

    (v) When two meat ingredients comprise at least 70 percent of the 

meat and meat byproduct ingredients of a formula and when neither of the 

two meat ingredients is less than 30 percent by weight of the total meat 

and meat byproducts used, such meat ingredients may be interchanged in 

the formula without a change being made in the ingredients statement on 

labeling materials: Provided, That the word ``and'' in lieu of a comma 

shall be shown between the declaration of such meat ingredients in the 

statement of ingredients.

    (vi)(A) Product ingredients which are present in individual amounts 

of 2 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 of 

the ingredients statement and preceded by a quantifying statement, such 

as ``Contains ---------- percent of ---------- ,'' ``Less than --------

--percent of ---------- .'' The percentage of the ingredient(s) shall be 

filled in with a threshold level of 2 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 of ingredients by individual 

components. Each component listing may utilize the required quantifying 

statement at the end of each component ingredients listing.

    (B) 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 Sec. 

318.7(c)(4) and part 319 of this subchapter, 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.

    (2) On containers of frozen dinners, entrees, pizzas, and similar 

consumer 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 is placed on the 

principal display panel immediately above the location of such statement 

without intervening print or designs.

    (3) The ingredient statement may be placed on the 20 percent panel 

adjacent to the principal display panel and reserved for required 

information, in the case of a cylindrical or nearly cylindrical 

container.

    (4) The ingredients statement may be placed on the information 

panel, except as otherwise permitted in this subchapter.

    (g)(1) The name or trade name of the person that prepared the 

product may appear as the name of the manufacturer or packer without 

qualification on the label. Otherwise the name of the distributor of the 

product shall be shown with a phrase such as ``Prepared for * * *''. The 

place of business of the manufacturer, packer, or distributor shall be 

shown on the label by city, State, and postal ZIP code when such 

business is listed in a telephone or city directory, and if not listed 

in such directory, then the place of business shall be shown by street 

address, city, State, and postal ZIP code.

    (2) The name and place of business of the manufacturer, packer, or 

distributor may be shown:

    (i) On the principal display panel, or

    (ii) On the 20 percent panel adjacent to the principal display panel 

and reserved for required information, in the case of a cylindrical or 

nearly cylindrical container, or



[[Page 165]]



    (iii) On the front riser panel of frozen food cartons, or

    (iv) On the information panel.

    (h)(1) The statement of net quantity of contents shall appear on the 

principal display panel of all 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 of this paragraph.

    (2) The statement as it is shown on a label shall not be false or 

misleading and shall express an accurate statement of the quantity of 

contents of the container. Reasonable variations caused by loss or gain 

of moisture during the course of good distribution practices or by 

unavoidable deviations in good manufacturing practices will be 

recognized. Variations from stated quantity of contents shall be as 

provided in Sec. 317.19. The statement shall not include any term 

qualifying a unit of weight, measure, or count such as ``jumbo quart,'' 

``full gallon,'' ``giant quart,'' ``when packed,'' ``minimum,'' or words 

of similar importance.

    (3) The statement shall be placed on the principal display panel 

within the bottom 30 percent of the area of the panel in lines generally 

parallel to the base: Provided, That on packages having a principal 

display panel of 5 square inches or less, the requirement for placement 

within the bottom 30 percent of the area of the label panel shall not 

apply when the statement meets the other requirements of this paragraph 

(h). In any case, the statement may appear in more than one line. The 

terms ``net weight'' or ``net wt.'' shall be used when stating the net 

quantity of contents in terms of weight, and the term ``net contents'' 

or ``content'' when stating the net quantity of contents in terms of 

fluid measure.

    (4) Except as provided in Sec. 317.7, the statement shall be 

expressed in terms of avoirdupois weight or liquid measure. Where no 

general consumer usage to the contrary exists, the statement shall be in 

terms of liquid measure, if the product is liquid, or in terms of weight 

if the product is solid, semisolid viscous or a mixture of solid and 

liquid. For example, a declaration of \3/4\-pound avoirdupois weight 

shall be expressed as ``Net Wt. 12 oz.'' except as provided for in 

paragraph (h)(5) of this section for random weight packages; a 

declaration of 1\1/2\ pounds avoirdupois weight shall be expressed as 

``Net Wt. 24 oz. (1 lb. 8 oz.),'' ``Net Wt. 24 oz. (1\1/2\ lb.),'' or 

``Net Wt. 24 oz. (1.5 lbs.).''

    (5) On packages containing 1 pound or 1 pint and less than 4 pounds 

or 1 gallon, the statement shall be expressed as a dual declaration both 

in ounces and (immediately thereafter in parentheses) in pounds, with 

any remainder in terms of ounces or common or decimal fraction of the 

pound, or in the case of liquid measure, in the largest whole units with 

any remainder in terms of fluid ounces or common or decimal fractions of 

the pint or quart, except that on random weight packages the statement 

shall be expressed in terms of pounds and decimal fractions of the 

pound, for packages over 1 pound, and for packages which do not exceed 1 

pound the statement may be in decimal fractions of the pound in lieu of 

ounces. Paragraph (h)(9) of this section permits certain exceptions from 

the provisions of this paragraph for margarine packages, random weight 

consumer size packages, and packages of less than \1/2\ ounce net 

weight. Pargraph (h)(12) of this section permits certain exceptions from 

the provision of this paragraph for multi-unit packages.

    (6) The statement shall be in letters and numerals in type size 

established in relationship to the area of the principal display panel 

of the package and shall be uniform of all packages of substantially the 

same size by complying with the following type specifications:

    (i) Not less than one-sixteenth inch in height on packages, the 

principal display panel of which has an area of 5 square inches or less;

    (ii) Not less than one-eighth inch in height on packages, the 

principal display panel of which has an area of more than 5 but not more 

than 25 square inches;

    (iii) Not less than three-sixteenths inch in height on packages, the 

principal display panel of which has an area of more than 25 but not 

more than 100 square inches;



[[Page 166]]



    (iv) Not less than one-quarter inch in height on packages, the 

principal display panel of which has an area of more than 100 but not 

more than 400 square inches.

    (v) Not less than one-half inch in height on packages, the principal 

display panel of which has an area of more than 400 square inches.

    (7) The ratio of height to width of letters and numerals shall not 

exceed a differential of 3 units to 1 unit (no more than 3 times as high 

as it is wide). Heights pertain to upper case or capital letters. When 

upper and lower case or all lower case letters are used, it is the lower 

case letter ``o'' or its equivalent that shall meet the minimum 

standards. When fractions are used, each component numeral shall meet 

one-half the height standards.

    (8) The statement shall appear as a distinct item on the principal 

display panel and shall be separated by a space at least equal to the 

height of the lettering used in the statement from other printed label 

information appearing above or below the statement and by a space at 

least equal to twice the width of the letter ``N'' of the style of type 

used in the quantity of contents statement from other printed label 

information appearing to the left or right of the statement. It shall 

not include any term qualifying a unit of weight, measure, or count such 

as, ``jumbo quart,'' ``full gallon,'' ``giant quart,'' ``when packed,'' 

``Minimum'' or words of similar import.

    (9) The following exemptions from the requirements contained in this 

paragraph (h) are hereby established:

    (i) Individually wrapped, random weight consumer size packages 

shipped in bulk containers (as specified in paragraph (h)(11) of this 

section) and meat products that are subject to shrinkage through 

moisture loss during good distribution practices and are designated as 

gray area type of products as defined under Sec. 317.19 need not bear a 

net weight statement when shipped from an official establishment, 

provided that a net weight shipping statement which meets the 

requirements of paragraph (h)(2) of this section is applied to their 

shipping container prior to shipping it from the official establishment. 

Net weight statements so applied to the shipping container are exempt 

from the type size, dual declaration, and placement requirements of this 

paragraph, if an accurate statement of net weight is shown conspicuously 

on the principal display panel of the shipping container. The net weight 

also shall be applied directly to random weight consumer size packages 

prior to retail display and sale. The net weight statement on random 

weight consumer size packages for retail sale shall be exempt from the 

type size, dual declaration, and placement requirements of this 

paragraph, if an accurate statement of net weight is shown conspicuously 

on the principal display panel of the package.

    (ii) Individually wrapped and labeled packages of less than \1/2\ 

ounce net weight and random weight consumer size packages shall be 

exempt from the requirements of this paragraph if they are in a shipping 

container and the statement of net quantity of contents on the shipping 

container meets the requirements of paragraph (h)(2) of this section;

    (iii) Individually wrapped and labeled packages of less than \1/2\ 

ounce net weight bearing labels declaring net weight, price per pound, 

and total price, shall be exempt from the type size, dual declaration, 

and placement requirements of this paragraph, if an accurate statement 

of net weight is shown conspicuously on the principal display panel of 

the package.

    (iv) Margarine in 1 pound rectangular packages (except packages 

containing whipped or soft margarine or packages that contain more than 

four sticks) is exempt from the requirements of paragraphs (h) (3) and 

(5) of this section regarding the placement of the statement of the net 

quantity of contents within the bottom 30 percent of the principal 

display panel and that the statement be expressed both in ounces and in 

pounds, if the statement appears as ``1 pound'' or ``one pound'' in a 

conspicuous manner on the principal display panel.

    (v) Sliced shingle packed bacon in rectangular packages is exempt 

from the requirements of paragraphs (h)(3) and (h)(5) of this section 

regarding the placement of the statement of the net quantity of contents 

within the bottom



[[Page 167]]



30 percent of the principal display panel, and that the statement be 

expressed both in ounces and in pounds, if the statement appears in a 

conspicuous manner on the principal display panel.

    (10) Labels for containers which bear any representation as to the 

number of servings contained therein shall bear, contiguous to such 

representation, and in the same size type as is used for such 

representation, a statement of the net quantity of each such serving.

    (11) As used in this section, a ``random weight consumer size 

package'' is one which is one of a lot, shipment or delivery of packages 

of the same product with varying weights and with no fixed weight 

pattern.

    (12) On a multiunit retail package, a statement of the net quantity 

of contents shall appear on the outside of the package and shall include 

the number of individual units, the quantity of each individual unit, 

and in parentheses, the total net quantity of contents of the multiunit 

package in terms of avoirdupois or fluid ounces, except that such 

declaration of total quantity need not be followed by an additional 

parenthetical declaration in terms of the largest whole units and 

subdivisions thereof, as required by paragraph (h)(5) of this section. 

For the purposes of this section, ``multiunit retail package'' means a 

package containing two or more individually packaged units of the 

identical commodity and in the same quantity, with the individual 

packages intended to be sold as part of the multiunit retail package but 

capable of being individually sold in full compliance with all 

requirements of the regulations in this part. Open multiunit retail 

packages that do not obscure the number of units and the labeling 

thereon are not subject to this paragraph if the labeling of each 

individual unit complies with the requirements of paragraphs (h) (2), 

(3), (6), and (8) of this section.

    (i) The official establishment number of the official establishment 

in which the product was processed under inspection shall be placed as 

follows:

    (1) Within the official inspection legend in the form required by 

part 312 of this subchapter; or

    (2) Outside the official inspection legend elsewhere on the exterior 

of the container or its labeling, e.g., the lid of a can, if shown in a 

prominent and legible manner in a size sufficient to insure easy 

visibility and recognition and accompanied by the prefix ``EST''; or

    (3) Off the exterior of the container, e.g., on a metal clip used to 

close casings or bags, or on the back of a paper label of a canned 

product, or on other packaging or labeling material in the container, 

e.g., on aluminum pans and trays placed within containers, when a 

statement of its location is printed contiguous to the official 

inspection legend, such as ``EST. No. on Metal Clip'' or ``Est. No. on 

Pan'', if shown in a prominent and legible manner in a size sufficient 

to insure easy visibility and recognition; or

    (4) On an insert label placed under a transparent covering if 

clearly visible and legible and accompanied by the prefix ``EST''.

    (j) Labels of any product within any of the following paragraphs 

shall show the information required by such paragraph for such product:

    (1) A label for product which is an imitation of another food shall 

bear the word ``imitation'' immediately preceding the name of the food 

imitated and in the same size and style of lettering as in that name and 

immediately thereafter the word ``ingredients:'' and the names of the 

ingredients arranged in the order of their predominance.

    (2) If a product purports to be or is represented for any special 

dietary use by man, its label shall bear a statement concerning its 

vitamin, mineral, and other dietary properties upon which the claim for 

such use is based in whole or in part and shall be in conformity with 

regulations (21 CFR part 125) established pursuant to sections 403, and 

701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343, 371).

    (3) When an artificial smoke flavoring or a smoke flavoring is added 

as an ingredient in the formula of a meat food product, as permitted in 

part 318 of this subchapter, there shall appear on the label, in 

prominent letters and contiguous to the name of the product, a statement 

such as ``Artificial Smoke Flavoring Added'' or ``Smoke Flavoring 

Added,'' as may be applicable, and the ingredient statement shall



[[Page 168]]



identify any artificial smoke flavoring or smoke flavoring so added as 

an ingredient in the formula of the meat food product.

    (4) When any other artificial flavoring is permitted under part 318 

of this subchapter to be added to a product, the ingredient statement 

shall identify it as ``Artificial Flavoring.''

    (5) When artificial coloring is added to edible fats as permitted 

under part 318 of this subchapter such substance shall be declared on 

the label in a prominent manner and contiguous to the name of the 

product by the words ``Artificially colored'' or ``Artificial coloring 

added'' or ``With added artificial coloring.'' When natural coloring 

such as annatto is added to edible fats as permitted under part 318 of 

this subchapter, such substance shall be declared on the label in the 

same manner by a phrase such as ``Colored with annatto.''

    (6) When product is placed in a casing to which artificial coloring 

is applied as permitted under part 318 of this subchapter, there shall 

appear on the label, in a prominent manner and contiguous to the name of 

the product, the words, ``Artificially colored.''

    (7) If a casing is removed from product at an official establishment 

and there is evidence of artificial coloring on the surface of the 

product, there shall appear on the label, in a prominent manner and 

contiguous to the name of product, the words ``Artificially colored.''

    (8) When a casing is colored prior to its use as a covering for 

product and the color is not transferred to the product enclosed in the 

casing, no reference to color need appear on the label but no such 

casing may be used if it is misleading or deceptive with respect to 

color, quality, or kind of product, or otherwise.

    (9) Product which bears or contains any other artificial coloring, 

as permitted under part 318 of this subchapter, shall bear a label 

stating that fact on the immediate container or if there is none, on the 

product.

    (10) When an antioxidant is added to product as permitted under part 

318 of this subchapter, there shall appear on the label in prominent 

letters and contiguous to the name of the product, a statement 

identifying the officially approved specific antioxidant by its common 

name or abbreviation thereof and the purpose for which it is added, such 

as, ``BHA, BHT, and Propylgallate added to help protect flavor.''

    (11) Containers of meat packed in borax or other preservative for 

export to a foreign country which permits the use of such preservative 

shall, at the time of packing, be marked ``for export,'' followed on the 

next line by the words ``packed in preservative,'' or such equivalent 

statement as may be approved for this purpose by the Administrator and 

directly beneath this there shall appear the word ``establishment'' or 

abbreviation thereof, followed by the number of the establishment at 

which the product is packed. The complete statement shall be applied in 

a conspicuous location and in letters not less than 1 inch in height.

    (12) Containers of other product packed in, bearing, or containing 

any chemical preservative shall bear a label stating that fact.

    (13)(i) On the label of any ``Mechanically Separated (Species)'' 

described in Sec. 319.5(a) of this subchapter, the name of such product 

shall be followed immediately by the phrase ``for processing'' unless 

such product has a protein content of not less than 14 percent and a fat 

content of not more than 30 percent.

    (ii) When any ``Mechanically Separated (Species)'' described in 

Sec. 319.5 of this subchapter is used as an ingredient in the 

preparation of a meat food product and such ``Mechanically Separated 

(Species)'' contributes 20 mg or more of calcium to a serving of such 

meat food product, the label of such meat food product shall state the 

calcium content of such meat food product, determined and expressed as 

the percentage of the U.S. Recommended Daily Allowance (U.S. RDA) in a 

serving in accordance with 21 CFR 101.9(b)(1), (c)(7) (i) and (iv), and 

(e), as part of any nutrition information included on such label, or if 

such meat food product does not bear nutrition labeling information, as 

part of a prominent statement in immediate conjunction with the list of 

ingredients, as follows: ``A ------ serving contains ----% of the U.S. 

RDA of calcium'', with the blanks to be filled in,



[[Page 169]]



respectively, with the quantity of such product that constitutes a 

serving and the amount of calcium provided by such serving: Provided, 

That, calcium content need not be stated where (a) the percent of the 

U.S. RDA of calcium to be declared would not differ from the percent of 

the U.S. RDA that would be declared if the meat food product contained 

only hand deboned ingredients or (b) the calcium content of a serving of 

the meat food product would be 20 percent of the U.S. RDA or more if the 

meat food product contained only hand deboned ingredients.

    (k) Packaged products which require special handling to maintain 

their wholesome condition shall have prominently displayed on the 

principal display panel of the label the statement: ``Keep 

Refrigerated,'' ``Keep Frozen,'' ``Perishable Keep Under 

Refrigeration,'' or such similar statement as the Administrator may 

approve in specific cases. Products that are distributed frozen during 

distribution and thawed prior to or during display for sale at retail 

shall bear the statement on the shipping container: ``Keep Frozen.'' The 

consumer-size containers for such products shall bear the statement 

``Previously Handled Frozen for Your Protection, Refreeze or Keep 

Refrigerated.'' For all perishable canned products the statement shall 

be shown in upper case letters one-fourth inch in height for containers 

having a net weight of 3 pounds or less, and for containers having a net 

weight over 3 pounds, the statement shall be in upper case letters at 

least one-half inch in height.

    (l) Safe handling instructions shall be provided for: All meat and 

meat products of cattle, swine, sheep, goat, horse, other equine that do 

not meet the requirements contained in Sec. 318.17, or that have not 

undergone other processing that would render them ready-to-eat; and all 

comminuted meat patties not heat processed in a manner that conforms to 

the time and temperature combinations in the Table for Permitted Heat-

Processing Temperature/Time Combinations For Fully-Cooked Patties in 

Sec. 318.23, except as exempted under paragraph (l)(4) of this section.

    (1)(i) Safe handling instructions shall accompany every meat or meat 

product, specified in this paragraph (l) destined for household 

consumers, hotels, restaurants, or similar institutions and shall appear 

on the label. The information shall be in lettering no smaller than one-

sixteenth of an inch in size and shall be prominently placed with such 

conspicuousness (as compared with other words, statements, designs or 

devices in the labeling) as to render it likely to be read and 

understood by the ordinary individual under customary conditions of 

purchase and use.

    (ii) The safe handling information shall be presented on the label 

under the heading ``Safe Handling Instructions'' which shall be set in 

type size larger than the print size of the rationale statement and 

handling statements as discussed in paragraphs (l)(2) and (l)(3) of this 

section. The safe handling information shall be set off by a border and 

shall be one color type printed on a single color contrasting background 

whenever practical.

    (2) The labels of the meat and meat products specified in this 

paragraph (l) shall include the following rationale statement as part of 

the safe handling instructions, ``This product was prepared from 

inspected and passed meat and/or poultry. Some food products may contain 

bacteria that could cause illness if the product is mishandled or cooked 

improperly. For your protection, follow these safe handling 

instructions.'' This statement shall be placed immediately after the 

heading and before the safe handling statements.

    (3) Meat and meat products, specified in this paragraph (l), shall 

bear the labeling statements:

    (i) Keep refrigerated or frozen. Thaw in refrigerator or microwave. 

(Any portion of this statement that is in conflict with the product's 

specific handling instructions, may be omitted, e.g., instructions to 

cook without thawing.) (A graphic illustration of a refrigerator shall 

be displayed next to the statement.);

    (ii) Keep raw meat and poultry separate from other foods. Wash 

working surfaces (including cutting boards), utensils, and hands after 

touching raw



[[Page 170]]



meat or poultry. (A graphic illustration of soapy hands under a faucet 

shall be displayed next to the statement.);

    (iii) Cook thoroughly. (A graphic illustration of a skillet shall be 

displayed next to the statement.); and

    (iv) Keep hot foods hot. Refrigerate leftovers immediately or 

discard. (A graphic illustration of a thermometer shall be displayed 

next to the statement.)

    (4) Meat or meat products intended for further processing at another 

official establishment are exempt from the requirements prescribed in 

paragraphs (l)(1) through (l)(3) of this section.

    (m)(1) The information panel is that part of a label that is the 

first surface to the right of the principal display panel as observed by 

an individual facing the principal display panel, with the following 

exceptions:

    (i) If the first surface to the right of the principal display panel 

is too small to accommodate the required information or is otherwise 

unusable label space, e.g., folded flaps, tear strips, opening flaps, 

heat-sealed flaps, the next panel to the right of this part of the label 

may be used.

    (ii) If the package has one or more alternate principal display 

panels, the information panel is to the right of any principal display 

panel.

    (iii) If the top of the container is the principal display panel and 

the package has no alternate principal display panel, the information 

panel is any panel adjacent to the principal display panel.

    (2) (i) Except as otherwise permitted in this part, all information 

required to appear on the principal display panel or permitted to appear 

on the information panel shall appear on the same panel unless there is 

insufficient space. In determining the sufficiency of the available 

space, except as otherwise prescribed in this part, any vignettes, 

designs, and any other nonmandatory information shall not be considered. 

If there is insufficient space for all required information to appear on 

a single panel, it may be divided between the principal display panel 

and the information panel, provided that the information required by any 

given provision of this part, such as the ingredients statement, is not 

divided and appears on the same panel.

    (ii) All information appearing on the information panel pursuant to 

this section shall appear in one place without intervening material, 

such as designs or vignettes.



[35 FR 15580, Oct. 3, 1970]



    Editorial Note: For Federal Register citations affecting Sec. 

317.2, see the List of CFR Sections Affected, which appears in the 

Finding Aids section of the printed volume and on GPO Access.