Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-1 - BULK SALES OF MEAT › Section 80-1-1-.03 - Prohibited Product Representations

Current through Register Vol. 42, No. 9, June 28, 2024
The following product representations in advertisement,
				  offering for sale, or selling any wholesale or bulk cut of meat to induce the
				  sale of said meat are prohibited:
(a)
				Misrepresenting the cut, grade, brand, or trade name, or weight or measure of
				any meat or meat product;
(b) Using
				the abbreviation U.S. in describing a meat product not graded by the United
				States Department of Agriculture except that meats may be described by U.S.D.A.
				Inspected when true and if such product has not been graded, it must be
				designated and described as Ungraded. Any order of meat or portion thereof
				returned by the purchaser after sale shall not be resold;
(c) To misrepresent meat or a meat product
				through the use of any term similar to an official government grade;
(d) Failing to disclose fully and
				conspicuously the correct government grade for any meat or meat product if such
				product is represented as having been graded. Any reference to the grade of
				meat in advertisements made orally or upon invoice of sale must be stamped on
				the carcass, whether it is a U.S.D.A. term or packing house grade;
(e) Failing to disclose fully and
				conspicuously that the yield of consumable meat from any wholesale cut will be
				less than the weight of the wholesale cut;
(f) Misrepresenting the amount of proportion
				of retail cuts that a wholesale cut of meat will yield;
(g) Failing to furnish the buyer with a
				written statement of the total net weight of cut and packaged meat delivered.
				This statement shall state the grade of meat, if graded; if not graded, this
				fact shall be stated, and the different types of cuts shall be stated
				separately, such as T-bone steaks, hamburger, chuck roasts, etc. If the meat is
				weighed with the immediate wrappings, such fact shall be stated. Both the
				actual net weight of the wholesale cut prior to cutting and trimming and the
				delivered weight shall be disclosed to the buyer in writing at time of
				delivery;
(h) Failing to disclose
				fully and conspicuously whether a quarter of a carcass or a portion of a
				quarter is the front or hind quarter of any portion thereof removed prior to
				sale;
(i) Representing any
				wholesale cut as a half or side unless it consists of a front and hind quarter.
				Both quarters shall be from the same side of the same animal unless the seller
				discloses to the buyer fully and conspicuously that they are from different
				animals as the case may be. Each quarter shall be of the same grade or quality
				as the other quarters comprising the half or side and the seller shall advise
				the buyer of the weight of each quarter prior to sale. In selling quarters
				individually or as part of a half or side, if actual weights are not known or
				cannot be determined prior to sale, approximate weights may be used; provided,
				the buyer is informed that the weights are approximate, the weights are so
				identified on any purchase order or contract, and the seller agrees with the
				buyer in writing to make a cash refund or grant a credit on delivery for the
				difference between actual weight and the approximate weight on which the sale
				was made;
(j) Using the words
				bundle, sample order, or words of similar import to describe a quantity of meat
				or poultry unless the seller itemizes each cut and the weight thereof which the
				buyer will receive;
(k) To
				advertise or offer free, bonus or extra food combined with or conditioned on
				the purchase of any other product or service unless such additional food is
				accurately described including whenever applicable, grade, net weight or
				measure, and brand or trade name;
(l) Misrepresenting the breed, origin or diet
				of slaughtered animals or parts thereof offered for sale. Sellers making such
				claims shall have written records available to substantiate such facts. Any and
				all bills of sales, invoices or weights tickets shall not bear any statements
				that are not true and applicable to the place of business using such written
				statement.
Author:
Charles H. Barnes
The following is a history by the Department of
					 Agriculture and Industries prior to the enactment of the Alabama Administrative
					 Procedure Act.
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16,
					 20-1-2.