California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 4 - Meat Inspection › Subchapter 1 › Article 10 - Labeling, Marking Devices, and Containers › Section 909.3 - Labeling Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
					 final labeling shall be used on any product unless the sketch labeling of such
					 final labeling has been submitted to the Department for approval, with a
					 completed MPES Form 79-080 (Rev. 10/11) Label and Formulation Approval, and has
					 been approved by the Department. The management of the official establishment
					 must maintain a copy of all labeling used, along with the product formulation
					 and processing procedures. Such records shall be made available to any duly
					 authorized representative of the Department upon request.
(b) The Department shall permit submission
					 for approval of only sketch labeling, as defined in subsection (d) of this
					 section, for all products, except as provided in section
					 909.13 of this Article and except
					 for temporary use of final labeling as prescribed in subsection (f) of this
					 section.
(c) All labeling required
					 to be submitted for approval as set forth in subsection (a) of this section
					 shall be submitted, with a completed MPES Form 79-080 (Rev. 10/11) Label and
					 Formulation Approval, in duplicate to the Department.
(d) "Sketch" labeling is a printer's proof or
					 equivalent which clearly shows all labeling features, size, location, and
					 indication of final color, as specified in
					 9 CFR section
					 317.2 (2006) and in Directive 7220.1, Food
					 Labeling Division Policy Memoranda, Revision 3 (August 2, 2005), published by
					 the United States Department of Agriculture (USDA), Food Safety and Inspection
					 Service. Copies of USDA directives and notices may be found at:
http://www.fsis.usda.gov
. The
					 Department will accept sketches that are hand drawn, computer generated, or
					 other reasonable facsimiles that clearly reflect and project the final version
					 of the labeling. Indication of final color may be met by: submission of a color
					 sketch, submission of a sketch which indicates by descriptive language the
					 final colors, or submission with the sketch of previously approved final
					 labeling that indicates the final colors.
(e) Inserts, tags, liners, pasters, and like
					 devices containing printed or graphic matter for use on, or to be placed
					 within, containers and coverings of product shall be submitted for approval in
					 the same manner as provided for labeling in subsection (a) of this section,
					 except that such devices which contain no reference to product and bear no
					 misleading features shall be used without submission for approval as prescribed
					 in 9 CFR section
					 317.5(b)(7)
					 (2006).
(f) Consistent with the
					 requirements of this section, temporary approval for the use of a final label
					 or other final labeling that may otherwise be deemed deficient in some
					 particular may be granted by the Department. Temporary approvals may be granted
					 for a period not to exceed 180 calendar days, under the following conditions:
(1) The proposed labeling would not
					 misrepresent the product;
(2) The
					 use of the labeling would not present any potential health, safety, or dietary
					 problems to the consumer;
(3)
					 Denial of the request would create undue economic hardship; and
(4) An unfair competitive advantage would not
					 result from the granting of the temporary approval.
(5) Extensions of temporary approvals may
					 also be granted by the Department provided that the applicant demonstrates that
					 new circumstances, meeting the above criteria, have developed since the
					 original temporary approval was granted.