Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1010 - False or Misleading Labeling or Practices Generally; Specific Prohibitions and Requirements for Labels and Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No product or any of its wrappers,
			 packaging, or other containers shall bear any false or misleading marking,
			 label, or other labeling and no statement, word, picture, design, or device
			 which conveys any false impression or gives any false indication of origin or
			 quality or is otherwise false or misleading shall appear in any marking or
			 other labeling. No product shall be wholly or partly enclosed in any wrapper,
			 packaging, or other container that is so made, formed, or filled as to be
			 misleading.
(2) The labels and
			 containers of product shall comply with the following provisions, as
			 applicable:
(a) Terms having geographical
			 significance with reference to a locality other than that in which the product
			 is prepared may appear on the label only when qualified by the word "style,"
			 "type," or "brand," as the case may be, in the same size and style of lettering
			 as in the geographical term, and accompanied with a prominent qualifying
			 statement identifying the country, State, Territory, or locality in which the
			 product is prepared, using terms appropriate to effect the qualification. When
			 the word "style" or "type" is used, there must be a recognized style or type of
			 product identified with and peculiar to the area represented by the
			 geographical term and the product must possess the characteristics of such
			 style or type, and the word "brand" shall not be used in such a way as to be
			 false or misleading: Provided, That a geographical term which has come into
			 general usage as a trade name and which has been approved by the Department as
			 being a generic term may be used without the qualifications provided for in
			 this section. The terms "frankfurter," "vienna," "bologna," "lebanon bologna,"
			 "braunschweiger," "thuringer," "genoa," "leona," "berliner," "holstein,"
			 "goteborg," "milan," "polish," "italian," and their modifications, as applied
			 to sausages, the terms "brunswick" and "irish" as applied to stews and the term
			 "boston" as applied to pork shoulder butts need not be accompanied with the
			 word "style," "type," or "brand," or a statement identifying the locality in
			 which the product is prepared.
(b)
			 Such terms as "farm" or "country" shall not be used on labels in connection
			 with products unless such products are actually prepared on the farm or in the
			 country: Provided, That if the product is prepared in the same way as on the
			 farm or in the country these terms, if qualified by the word "style" in the
			 same size and style of lettering, may be used: Provided further, That the term
			 "farm" may be used as part of a brand designation when qualified by the word
			 "brand" in the same size and style of lettering, and followed with a statement
			 identifying the locality in which the product is prepared: And Provided
			 further, That the provisions of this section shall not apply to products
			 prepared in accordance with OAR 603-029-1230. Sausage containing cereal shall
			 not be labeled "farm style" or "country style," and lard not rendered in an
			 open kettle shall not be designated as "farm style" or "country
			 style."
(c) The requirement that
			 the label shall contain the name and place of business of the manufacturer,
			 packer, or distributor shall not relieve any establishment from the requirement
			 that its label shall not be misleading in any particular.
(d) The term "spring lamb" or "genuine spring
			 lamb" is applicable only to carcasses of new-crop lambs slaughtered during the
			 period beginning in March and terminating not beyond the close of the week
			 containing the first Monday in October.
(e)
(A)
			 Coverings shall not be of such color, design, or kind as to be misleading with
			 respect to color, quality, or kind of product to which they are applied. For
			 example, transparent or semitransparent coverings for such articles as sliced
			 bacon or fresh (uncooked) meat and meat products shall not bear lines or other
			 designs of red or other color which give a false impression of leanness of the
			 product. Transparent or semitransparent wrappers, casings, or coverings for use
			 in packaging cured, cured and smoked, or cured and cooked sausage products, and
			 sliced ready-to-eat meat products may be color tinted or bear red designs on 50
			 percent of such wrapper or covering: Provided, That the transparent or
			 semitransparent portion of the principal display panel is free of color tinting
			 and red designs: And provided further, That the principal display panel
			 provides at least 20 percent unobstructed clear space, consolidated in one area
			 so that the true nature and color of the product is visible to the
			 consumer.
(B) Packages for sliced
			 bacon that have a transparent opening shall be designed to expose, for viewing,
			 the cut surface of a representative slice. Packages for sliced bacon which meet
			 the following specifications will be accepted as meeting the requirements of
			 this subsection provided the enclosed bacon is positioned so that the cut
			 surface of the representative slice can be visually examined:
(i) For shingle-packed sliced bacon, the
			 transparent window shall be designed to reveal at least 70 percent of the
			 length (longest dimension) of the representative slice, and this window shall
			 be at least 11/2 inches wide. The transparent window shall be located not more
			 than five-eighths inch from the top or bottom edge of a 1-pound or smaller
			 package and not more than three-fourths inch from either the top or bottom edge
			 of a package larger than 1 pound.
(ii) For stack-packed sliced bacon, the
			 transparent window shall be designed to reveal at least 70 percent of the
			 length (longest dimension) of the representative slice and be at least 11/2
			 inches wide.
(f) The word "fresh" shall not be used on
			 labels to designate product which contains any sodium nitrate, sodium nitrite,
			 potassium nitrate, or potassium nitrite, or which has been salted for
			 preservation.
(g)
(A) No ingredient shall be designated on the
			 label as a spice, flavoring, or coloring unless it is a spice, flavoring, or
			 coloring, as the case may be. An ingredient that is both a spice and a
			 coloring, or both a flavoring and a coloring, shall be designated as "spice and
			 coloring", or "flavoring and coloring", as the case may be, unless such
			 ingredient is designated by its common or usual name.
(B) Any ingredient not designated in
			 603-029-1004(6)(a)(A) of this part whose function is flavoring, either in whole
			 or in part, must be designated by its common or usual name. Those ingredients
			 which are of livestock and poultry origin must be designated by names that
			 include the species and livestock and poultry tissues from which the
			 ingredients are derived.
(h) As used on labels of product, the term
			 "gelatin" shall mean (i) the jelly prepared in state-inspected establishments
			 by cooking pork skins, tendons, or connective tissue from inspected and passed
			 product, and (ii) dry commercial gelatin or the jelly resulting from its
			 use.
(i) Product (other than canned
			 product) labeled with the term "loaf" as part of its name:
(A) If distributed from the state-inspected
			 establishment in consumer size containers may be in any shape;
(B) If distributed in a container of a size
			 larger than that sold intact at retail the product shall be prepared in
			 rectangular form, or as in paragraph (2)(i)(C) of this rule;
(C) If labeled as an "Old Fashioned Loaf"
			 shall be prepared in a traditional form, such as rectangular with rounded top
			 or circular with flat bottom and rounded top.
(j) The term "baked" shall apply only to
			 product which has been cooked by the direct action of dry heat and for a
			 sufficient time to permit the product to assume the characteristics of a baked
			 article, such as the formation of a brown crust on the surface, rendering out
			 of surface fat, and the caramelization of the sugar if applied. Baked loaves
			 shall be heated to a temperature of at least 160 °F. and baked pork cuts
			 shall be heated to an internal temperature of at least 170 °F.
(k) When products such as loaves are browned
			 by dipping in hot edible oil or by a flame, the label shall state such fact,
			 e.g., by the words "Browned in Hot Cottonseed Oil" or "Browned by a Flame," as
			 the case may be, appearing as part of the product name.
(l) The term "meat" and the names of
			 particular kinds of meat, such as beef, veal, mutton, lamb, and pork, shall not
			 be used in such manner as to be false or misleading.
(m) The word "ham," without any prefix
			 indicating the species of animal from which derived, shall be used in labeling
			 only in connection with the hind legs of swine. Ham shanks as such or ham shank
			 meat as such or the trimmings accruing in the trimming and shaping of hams
			 shall not be labeled "ham" or "ham meat" without qualification. When used in
			 connection with a chopped product the term "ham" or "ham meat" shall not
			 include the skin.
(n) The terms
			 "shankless" and "hockless" shall apply only to hams and pork shoulders from
			 which the shank or hock has been completely removed, thus eliminating the
			 entire tibia and fibula, or radius and ulna, respectively, together with the
			 overlying muscle, skin, and other tissue.
(o) Such terms as "meat extract" or "extract
			 of beef" without qualification shall not be used on labels in connection with
			 products prepared from organs or other parts of the carcass, other than fresh
			 meat. Extracts prepared from any parts of the carcass other than fresh meat may
			 be properly labeled as extracts with the true name of the parts from which
			 prepared. In the case of extract in fluid form, the word "fluid" shall also
			 appear on the label, as, for example, "fluid extract of beef."
(p) When any product is enclosed in a
			 container along with a packing substance such as brine, vinegar, or agar jelly,
			 a declaration of the packing substance shall be printed prominently on the
			 label as part of the name of the product, as for example, "frankfurts packed in
			 brine," "lamb tongue packed in vinegar," or "beef tongue packed in agar jelly,"
			 as the case may be. The packing substance shall not be used in such a manner as
			 will result in the container being so filled as to be misleading.
(q) "Leaf lard" is lard prepared from fresh
			 leaf fat.
(r) When lard or hardened
			 lard is mixed with rendered pork fat or hardened rendered pork fat, the mixture
			 shall be designated as "rendered pork fat" or "hardened rendered pork fat," as
			 the case may be.
(s) Oil, stearin,
			 or stock obtained from beef or mutton fats rendered at a temperature above 170
			 °F. shall not be designated as "oleo oil," "oleo stearin," or "oleo stock,"
			 respectively.
(t) When not more
			 than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or
			 hardened vegetable fat is mixed with lard or with rendered pork fat, there
			 shall appear on the label, contiguous to and in the same size and style of
			 lettering as the name of the product, the words "beef fat added," "mutton fat
			 added," "oleo stearin added," "vegetable stearin added," or "hardened vegetable
			 fat added," as the case may be. If more than 20 percent is added, the product
			 name shall refer to the particular animal fat or fats used, such as, "Lard and
			 Beef Fat." The designation "vegetable fat" is applicable to vegetable oil,
			 vegetable stearin, or a combination of such oil and stearin, whereas the
			 designations "vegetable oil" and "vegetable stearin" shall be applicable only
			 to the oil and the stearin respectively, when used in meat products.
(u) Cooked, cured, or pickled pigs feet, pigs
			 knuckles, and similar products, shall be labeled to show that the bones remain
			 in the product, if such is the case. The designation "semi-boneless" shall not
			 be used if less than 50 percent of the total weight of bones has been
			 removed.
(v) When monoglycerides,
			 diglycerides, and/or polyglycerol esters of fatty acids are added to rendered
			 animal fat or a combination of such fat and vegetable fat, there shall appear
			 on the label in a prominent manner and contiguous to the name of the product a
			 statement such as "With Monoglycerides and Diglycerides Added," or "With
			 Diglycerides and Monoglycerides," or "With Polyglycerol Esters of Fatty Acids"
			 as the case may be.
(w) Section 407
			 of the Federal Food, Drug, and Cosmetic Act contains provisions with respect to
			 colored margarine or colored oleomargarine (21 U.S.C.
			 347) which are set forth herein as
			 footnote.1
(x) When approved
			 proteolytic enzymes as permitted in OAR 603-029-1100 to 603-029-1190 are used
			 on steaks or other raw meat cuts, there shall appear on the label, in a
			 prominent manner, contiguous to the product name, the statement, "Tenderized
			 with [approved enzyme]," to indicate the use of such enzymes. Any other
			 approved substance which may be used in the solution shall also be included in
			 the statement.
When approved inorganic chlorides as permitted in OAR
				603-029-1100 to 603-029-1190 are used on steaks or other raw meat cuts there
				shall appear on the label in a prominent manner, contiguous to the product
				name, the statement, "Tenderized with (names of approved inorganic
				chloride(s))" to indicate the use of such inorganic chlorides. Any other
				approved substance which may be in the solution shall also be included in the
				statement.
(y) When
			 dimethylpolysiloxan is added as an antifoaming agent to rendered fats, its
			 presence shall be declared on the label contiguous to the name of the product.
			 Such declaration shall read "Dimethylpolysiloxan Added."
(z) When pizzas are formulated with crust
			 containing calcium propionate or sodium propionate, there shall appear on the
			 label contiguous to the name of the product the statement "____ added to retard
			 spoilage of crust" preceded by the name of the preservative.
(aa) Sausage of the dry varieties treated
			 with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted
			 by OAR 603-029-1100 to 603-029-1190, shall be marked or labeled with a
			 statement disclosing such treatment and the purpose thereof, such as "dipped in
			 a potassium sorbate solution to retard mold growth."
(bb) Meat of goats shall be identified as
			 goat meat or chevon.
(cc) The term
			 "Chitterlings" shall apply to the large intestines of swine, or young bovine
			 animals when preceded with the word "Calf" or "Veal." Meat products that
			 contain chitterlings or calf or veal chitterlings, in accordance with OAR
			 603-029-1125(2)(h) shall be identified with product names that refer to such
			 ingredients, as for instance, "Chitterling Loaf," "Chitterling Pie," or "Calf
			 Chitterlings and Gravy," and shall be packed in containers having a capacity of
			 3 pounds or less and of a kind usually sold at retail intact and bearing such
			 other information as is required by this part.
(dd) Products that contain blood from
			 livestock as permitted by OAR 603-029-1100 to 603-029-1190 shall be labeled
			 with a name that includes the term "blood," and the specific kind of blood
			 shall be declared in the ingredient statement, e.g., "Swine blood," in the
			 manner required by this part.
(ee)
			 A calendar date may be shown on labeling when declared in accordance with the
			 provisions of this subparagraph:
(A) The
			 calendar date shall express the month of the year and the day of the month for
			 all products and also the year in the case of products hermetically sealed in
			 metal or glass containers, dried or frozen products, or any other products that
			 the Department finds should be labeled with the year because the distribution
			 and marketing practices with respect to such products may cause a label without
			 a year identification to be misleading.
(B) Immediately adjacent to the calendar date
			 there must be a phrase explaining the meaning of the date, in terms of
			 "packing" date, "sell by" date, or "use before" date, with or without a further
			 qualifying phrase, e.g., "For Maximum Freshness" or "For Best
			 Quality."
(ff) The terms
			 "All," "Pure," "100%," and terms of similar connotation shall not be used on
			 labels for products to identify ingredient content, unless the product is
			 prepared solely from a single ingredient.
(gg) When agar-agar is used in canned jellied
			 meat products, as permitted in OAR 603-029-1100 to 603-029-1190, there shall
			 appear on the label in a prominent manner, contiguous to the product name, a
			 statement to indicate the use of agar-agar.
(hh) When sodium alginate, calcium carbonate,
			 and lactic acid and calcium carbonate (or glucono delta-lactone) are used
			 together in a dry binding matrix in restructured, formed meat products, as
			 permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label
			 contiguous to the product name, a statement to indicate the use of sodium
			 alginate, calcium carbonate and lactic acid and calcium carbonate (or glucono
			 delta-lactone).
(ii) The labels of
			 sausages encased in natural casings made from meat or poultry viscera shall
			 identify the type of meat or poultry from which the casings were derived, if
			 the casings are from a different type of meat or poultry than the encased meat
			 or poultry. The identity of the casing, if required, may be placed on the
			 principal display panel or in the ingredient statement. Establishments
			 producing, manufacturing, or using natural sausage casings are to maintain
			 records documenting the meat or poultry source in accordance with OAR
			 603-029-1300 to 603-029-1330.
(jj)
			 The labels of sausages encased in regenerated collagen casings shall disclose
			 this fact on the product label. The fact that the sausage is encased in
			 collagen may be placed on the principal display panel or in the ingredient
			 statement.
(kk) When
			 transglutaminase enzyme is used to bind pieces of meat to form a cut of meat,
			 or to reform a piece of meat from a multiple cuts, there shall appear on the
			 label, as part of the product name, a statement that indicates that the product
			 has been "formed" or "reformed," in addition to other preparation steps, e.g.,
			 "Formed Beef Tenderloin" or "Reformed and Shaped Beef Tenderloin."
(ll) A country of origin statement on the
			 label of any meat "covered commodity" as defined in 7 CFR Part 65, Subpart A,
			 that is to be sold by a "retailer," as defined in
			 7 CFR
			 65.240, must comply with the requirements in
			 7 CFR
			 65.300 and
			 65.400.
(1) Colored oleomargarine or colored
			 margarine which is sold in the same State or Territory in which it is produced
			 shall be subject in the same manner and to the same extent to the provisions of
			 this Act as if it had been introduced in interstate commerce.
(2) No person shall sell, or offer for sale,
			 colored oleomargarine or colored margarine unless-
(a) Such oleomargarine or margarine is
			 packaged,
(b) The net weight of the
			 contents of any package sold in a retail establishment is one pound or
			 less,
(c) There appears on the
			 label of the package (A) The word -oleomargarine' or -margarine' in type or
			 lettering at least as large as any other type or lettering on such label, and
			 (B) A full and accurate statement of all the ingredients contained in such
			 oleomargarine, or margarine, and
(d) Each part of the contents of the package
			 is contained in a wrapper which bears the word -oleomargarine' or -margarine'
			 in type or lettering not smaller than 20-point type.
(e) The requirements of this subsection shall
			 be in addition to and not in lieu of any of the other requirements of this
			 Act.