[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: 9CFR319.10]

[Page 308-309]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 319_DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION--
Table of Contents
 
                            Subpart A_General
 
Sec. 319.10  Requirements for substitute standardized meat food products
named by use of an expressed nutrient content claim and a standardized term.

    (a) Description. The meat food products prescribed by this general 
definition and standard of identity are those products that substitute, 
in accordance with Sec. 317.313(d), for a standardized product defined 
in this part and use the name of that standardized product in their 
statements of identity, but that do not comply with the established 
standard because of a compositional deviation that results from 
reduction of a constituent that is described by an expressed nutrient 
content claim that has been defined by regulation in part 317, subpart 
B, of this subchapter. The expressed nutrient content claim shall comply 
with the requirements of Sec. 317.313 of this subchapter and with the 
requirements of part 317, subpart B, of this subchapter which define the 
particular nutrient content claim that is used. The meat food product 
shall comply with the relevant standard in this part in all other 
respects, except as provided in paragraphs (b) and (c) of this section.
    (b) Performance characteristics. The performance characteristics, 
such as physical properties, functional properties, and shelf-life, of 
the meat food product shall be similar to those of the standardized meat 
food product produced under this part. If there is a significant 
difference in a performance characteristic that materially limits the 
use of the product compared to the use of the standardized product 
defined in this part, the label shall include a statement in accordance 
with Sec. 317.313(d)(1) and (2) of this subchapter that informs the 
consumer of such differences (e.g., if appropriate, ``not recommended 
for frozen storage'' or ``not suitable for roller grilling''). 
Deviations from the ingredient provisions of the standard must be the 
minimum necessary to qualify for the nutrient content claim, while 
maintaining similar performance characteristics.
    (c) Ingredients used in substitute products. (1) Ingredients used in 
the product shall be those ingredients provided for in the standard as 
defined in this part,

[[Page 309]]

except that safe and suitable ingredients permitted for use in meat food 
products as provided in a regulation permitting that use in this 
subchapter or in 9 CFR Chapter III, Subchapter E, or in 21 CFR Chapter 
I, Subchapter A or Subchapter B, may be used at the minimum level 
necessary to improve texture and prevent syneresis, so that the 
substitute product is not inferior in performance characteristics from 
the standardized product defined in this part for which it is a 
substitute.
    (2) An ingredient that is specifically required by the standard 
prescribed in this part shall not be replaced or exchanged with a 
similar ingredient from another source, for example, turnip chunks shall 
not replace potatoes in corned beef hash.
    (3) An ingredient that is specifically prohibited from use in any 
meat food product by this part shall not be added to the substitute meat 
food product under this section.
    (4) Unless otherwise specified in this part, a substitute meat food 
product must meet all other requirements of the applicable standards of 
identity or composition.
    (5) Water and fat-replacers (e.g., binders), in combination, may be 
added to replace fat in accordance with paragraph (c) of this section.
    (6) Textured vegetable protein may be used by itself or in 
combination with other binders and water as a fat replacer in accordance 
with paragraph (c) of this section.
    (d) Nomenclature. The name of a substitute meat food product that 
complies with all parts of this section is the appropriate expressed 
nutrient content claim and the applicable standardized term.
    (e) Label declaration. (1) Each of the ingredients used in the 
substitute meat food product shall be declared on the label as required 
by this section and part 317 of this subchapter.
    (2) Ingredients not provided for, and ingredients used in excess of 
those levels provided for, by the standard as defined in this part, 
shall be identified as such with an asterisk in the ingredients 
statement. The statement ``*Ingredients not in regular --------'' (the 
blank shall be filled in with the name of the traditional standardized 
product) or ``**Ingredients in excess of amounts permitted in regular --
------'' (the blank shall be filled in with the name of the traditional 
standardized product), or both, as appropriate, shall immediately follow 
the ingredients statement in the same type and size.

[70 FR 33818, June 10, 2005]