Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 125 - MEAT AND POULTRY INSPECTION ACT › Subpart B - MEAT INSPECTION › Section 125.260 - Labeling, Marking and Containers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates by reference
				9 CFR
				317.1 through
				317.2(j)(10),
				317.2(j)(12)
				through 317.4(f)(2),
				317.5,
				317.6,
				317.8,
				317.10
				through
				317.13,
				317.17
				through
				317.24,
				317.300,
				317.302,
				317.308,
				317.309,
				317.312,
				317.313,
				317.343,
				317.344,
				317.345,
				317.354,
				317.356,
				317.360,
				317.361,
				317.362,
				317.363,
				317.369,
				317.380,
				317.400
				(2010; 75 FR 82148, effective January 1, 2012; 77 FR 76824, effective December
				31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 71007, effective
				December 1, 2014; 79 FR 79044, effective January 1, 2016; 80 FR 28153,
				effective May 17, 2016).
b) The
				Department shall approve only those abbreviations for marks of inspection as
				specifically stated in Section 2.26(j)(3) and (k)(3), (4), (5) and (9) of the
				Act.
c) Labeling and sketch
				labeling shall be approved by the Department if the label is in compliance with
				the provisions of this Section and the label is not misbranded in accordance
				with Section 2.20 of the Act. All labels and sketch labels shall be submitted
				to the Springfield office of the Department for approval.
d) The Department shall approve temporary
				labeling as stated in 9 CFR
				317.4(f). Labeling that has
				received temporary approval shall not be used beyond the temporary approval
				period unless the printer or manufacturer of the label is unable to provide the
				official establishment with the labels before the expiration of the temporary
				approval.
e) The quantity of
				contents as shown on the label shall be in compliance with the Weights and
				Measures Act [225 ILCS 470 ] and 8 Ill. Adm. Code 600.
f) Any Type I establishment is authorized to
				use generically approved labeling for meat and poultry products as defined in
				subsection (h) without the labeling being submitted for approval to the
				Department, provided the labeling is in accordance with this Section and shows
				all mandatory features in a prominent manner as required in
				9 CFR
				317.2 and 381 and is not otherwise false or
				misleading.
g) The Department shall
				select samples of generically approved labeling from the records maintained by
				official establishments to determine compliance with labeling requirements. Any
				finding of false or misleading labeling shall institute the proceedings
				prescribed in Section 13 of the Act.
h) Generically approved labeling is labeling
				that complies with the following:
1) Labeling
				for a product that has a product standard as specified in 9 CFR 319 and 381 or
				the Standards and Labeling Policy Book and does not contain any special claims
				such as quality claims, nutrient content claims, health claims, negative
				claims, geographical origin claims or guarantees, or is not a domestic product
				labeled in a foreign language;
2)
				Labeling for single-ingredient products, such as beef steak or lamb chops, that
				does not contain any special claims such as quality claims, nutrient content
				claims, health claims, negative claims, geographical origin claims or
				guarantees or is not a domestic product labeled with a foreign
				language;
3) Labeling for
				containers of products sold under contract specifications to federal government
				agencies that the 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 that contain fully labeled immediate containers,
				provided that the labeling complies with
				9 CFR
				316.13 and
				381.127;
5) Labeling for products not intended for
				human food, provided it complies with 9 CFR 325,
				381.152(c)
				and
				381.193;
6) Meat inspection legends;
7) Inserts, tags, liners, pasters and similar
				devices containing printed or graphic matter and for use or to be placed within
				containers and coverings of products, provided the devices contain no reference
				to product and bear no misleading feature;
8) Labeling for consumer test products not
				intended for sale;
9) Labeling that
				was previously approved by the Department as sketch labeling, and the final
				labeling was prepared without modification or with the following modifications:
A) 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;
B) 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.";
C) A master or stock label has been approved
				where the name and address of the distributor are omitted and the name and
				address are applied before being used (in that 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 the labels are offered for
				approval);
D) 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 the designs will not make necessary the
				application of labeling not otherwise required.);
E) A change in the language or the
				arrangement of directions pertaining to the opening of containers or the
				serving of the product;
F) The
				addition, deletion or amendment of a dated or undated coupon, a cents-off
				statement, cooking instructions, packer product code information or the UPC
				product code information;
G) Any
				change in the name or address of the packer, manufacturer or distributor that
				appears in the signature line;
H)
				Any change in the net weight, provided the size of the net weight statement
				complies with
				9 CFR
				317.2 and 318.121;
I) The addition, deletion or amendment of
				recipe suggestions for the product;
J) Any change in punctuation;
K) Newly assigned or revised establishment
				numbers for a particular establishment that has been approved by the
				Department;
L) The addition or
				deletion of open dating information;
M) A change in the type of packaging material
				on which label is printed;
N) 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;
O) The
				deletion of the word "new" on new product labeling;
P) The addition, deletion or amendment of
				special handling statements, provided that the change is consistent with
				9 CFR
				317.2(k) and
				318.125(a);
Q) The addition of safe
				handling instructions as required by
				9 CFR
				317.2(1) and
				381.125(b);
R) 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 the
				ingredients prescribed in 9 CFR 318, 319 and 381.147;
S) Changes in the color of the labeling,
				provided that sufficient contrast and legibility remain;
T) A change in the product vignette, provided
				that the change does not affect mandatory labeling information or misrepresent
				the content of the package;
U) A
				change in the establishment number by a corporation or parent company for an
				establishment under its ownership;
V) 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;
W)
				Deletion of any claim, and the deletion of non-mandatory features or
				non-mandatory information; and
X)
				The addition or deletion of a direct translation of the English language into a
				foreign language for products marked "for export only".