[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR317.17]

[Page 181-182]
 
                  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 182]]

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]