[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: 9CFR317.5]



[Page 172-174]

 

                  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. 317.5  Generically approved labeling.



    (a)(1) An official establishment or an establishment certified under 

a foreign inspection system, in accordance with part 327 of this 

subchapter, is authorized to use generically approved labeling, as 

defined in paragraph (b) of this section, without such labeling being 

submitted for approval to the Food Safety and Inspection Service in 

Washington or the field, provided the labeling is in accordance with 

this section and shows all mandatory features in a prominent manner as 

required in Sec. 317.2, and is not otherwise false or misleading in any 

particular.

    (2) The Food Safety and Inspection Service shall select samples of 

generically approved labeling from the records maintained by official 

establishments and establishments certified under foreign inspection 

systems, in accordance with part 327 of this subchapter, as required in 

Sec. 317.4, to determine compliance with labeling requirements. Any 

finding of false or misleading labeling shall institute the proceedings 

prescribed in Sec. 335.12.

    (b) Generically approved labeling is labeling which complies with 

the following:

    (1) Labeling for a product which has a product standard as specified 

in part 319 of this subchapter or the Standards and Labeling Policy Book 

and which does not contain any special claims, such as quality claims, 

nutrient content claims, health claims, negative claims, geographical 

origin claims, or guarantees, or which is not a domestic product labeled 

in a foreign language;

    (2) Labeling for single-ingredient products (such as beef steak or 

lamb chops) which does not contain any special claims, such as quality 

claims, nutrient content claims, health claims, negative claims, 

geographical origin claims, or guarantees, or which is not a domestic 

product labeled with a foreign language;

    (3) Labeling for containers of products sold under contract 

specifications to Federal Government agencies, when such product is not 

offered for sale to the general public, provided that the contract 

specifications include specific requirements with respect to labeling, 

and are made available to the inspector-in-charge;

    (4) Labeling for shipping containers which contain fully labeled 

immediate containers, provided such labeling complies with Sec. 316.13;

    (5) Labeling for products not intended for human food, provided they 

comply with part 325 of this subchapter;

    (6) Meat inspection legends, which comply with parts 312 and 316 of 

this subchapter;

    (7) Inserts, tags, liners, pasters, and like devices containing 

printed or



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graphic matter and for use on, or to be placed within containers, and 

coverings of products, provided such devices contain no reference to 

product and bear no misleading feature;

    (8) Labeling for consumer test products not intended for sale; and

    (9) Labeling which was previously approved by the Food Labeling 

Division as sketch labeling, and the final labeling was prepared without 

modification or with the following modifications:

    (i) All features of the labeling are proportionately enlarged or 

reduced, provided that all minimum size requirements specified in 

applicable regulations are met and the labeling is legible;

    (ii) The substitution of any unit of measurement with its 

abbreviation or the substitution of any abbreviation with its unit of 

measurement, e.g., ``lb.'' for ``pound,'' or ``oz.'' for ``ounce,'' or 

of the word ``pound'' for ``lb.'' or ``ounce'' for ``oz.'';

    (iii) A master or stock label has been approved from which the name 

and address of the distributor are omitted and such name and address are 

applied before being used (in such case, the words ``prepared for'' or 

similar statement must be shown together with the blank space reserved 

for the insertion of the name and address when such labels are offered 

for approval);

    (iv) Wrappers or other covers bearing pictorial designs, emblematic 

designs or illustrations, e.g., floral arrangements, illustrations of 

animals, fireworks, etc. are used with approved labeling (the use of 

such designs will not make necessary the application of labeling not 

otherwise required);

    (v) A change in the language or the arrangement of directions 

pertaining to the opening of containers or the serving of the product;

    (vi) The addition, deletion, or amendment of a dated or undated 

coupon, a cents-off statement, cooking instructions, packer product code 

information, or UPC product code information;

    (vii) Any change in the name or address of the packer, manufacturer 

or distributor that appears in the signature line;

    (viii) Any change in the net weight, provided the size of the net 

weight statement complies with Sec. 317.2;

    (ix) The addition, deletion, or amendment of recipe suggestions for 

the product;

    (x) Any change in punctuation;

    (xi) Newly assigned or revised establishment numbers for a 

particular establishment for which use of the labeling has been approved 

by the Food Labeling Division, Regulatory Programs;

    (xii) The addition or deletion of open dating information;

    (xiii) A change in the type of packaging material on which the label 

is printed;

    (xiv) Brand name changes, provided that there are no design changes, 

the brand name does not use a term that connotes quality or other 

product characteristics, the brand name has no geographic significance, 

and the brand name does not affect the name of the product;

    (xv) The deletion of the word ``new'' on new product labeling;

    (xvi) The addition, deletion, or amendment of special handling 

statements, provided that the change is consistent with Sec. 317.2(k);

    (xvii) The addition of safe handling instructions as required by 

Sec. 317.2(l);

    (xviii) Changes reflecting a change in the quantity of an ingredient 

shown in the formula without a change in the order of predominance shown 

on the label, provided that the change in quantity of ingredients 

complies with any minimum or maximum limits for the use of such 

ingredients prescribed in parts 318 and 319 of this subchapter;

    (xix) Changes in the color of the labeling, provided that sufficient 

contrast and legibility remain;

    (xx) A change in the product vignette, provided that the change does 

not affect mandatory labeling information or misrepresent the content of 

the package;

    (xxi) A change in the establishment number by a corporation or 

parent company for an establishment under its ownership;

    (xxii) Changes in nutrition labeling that only involve quantitative 

adjustments to the nutrition labeling information, except for serving 

sizes, provided the nutrition labeling information maintains its 

accuracy and consistency;



[[Page 174]]



    (xxiii) Deletion of any claim, and the deletion of non-mandatory 

features or non-mandatory information; and

    (xxiv) The addition or deletion of a direct translation of the 

English language into a foreign language for products marked ``for 

export only.''



[60 FR 67455, Dec. 29, 1995]