Ala. Admin. Code r. 420-3-16-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-16-.05 - Labeling

(1) All bottles, containers, and packages containing milk, milk products, or frozen desserts defined in Rule 420-3-16-.02 shall be labeled in accordance with the applicable requirements of the FFD&CA, the Nutrition Labeling and Education Act (NLEA) of 1990, and regulations developed there under, the CFR, and in addition, shall comply with applicable requirements of this section as follows:

(a) The name of the contents as given in the definitions in these rules.

(b) The words "Grade "A"" on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap/cover.

(c) The identity of the milk or frozen dessert plant where pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed, and/or dried.

(d) The word "reconstituted" or "recombined," if the product is made by reconstitution or recombination.

(e) The volume or proportion of water to be added for recombining in the case of concentrated milk or milk products.

(f) The word "ultra-pasteurized," if the milk or milk product has been ultra-pasteurized.

(g) The word "pasteurized," if the milk or milk product has been pasteurized.

(h) The word "homogenized," if the milk or milk product has been homogenized.

(i) The phrase "protein fortified" or "fortified with protein," if the food contains not less than 10 percent milk-derived nonfat solids.

(j) The ingredients in order of predominance by weight.

(k) The words "keep refrigerated after opening" in the case of aseptically processed and packaged low-acid milk, milk products, frozen desserts, and retort processed after packaging low-acid milk, milk products, and frozen desserts.

(l) The dating of milk, milk products, and frozen dessert mix, which is not frozen at the plant, in which it was pasteurized, shall be as follows: The expiration date (the date the product is to be removed from the market) shall be embossed or otherwise indicated on the outside of the carton or container, so as to be easily readable and discernible. This date shall be expressed as the month and day (i.e., Jan. 30). The management of each milk plant or frozen dessert plant shall provide the State Health Officer a list of the milk, milk products, and frozen dessert mixes to be marketed and the number of days each product shall remain on the market. Before changing any expiration date, the State Health Officer shall be notified in writing fourteen (14) days prior to the effective date of such change. In no case, during any twenty-four (24) hour period, shall more than one (1) expiration code date be assigned to milk or a milk product or frozen dessert mix, which is to be processed and/or marketed by that plant. The State Health Officer shall conduct shelf-life studies of milk, milk products, and frozen desserts as often as he/she deems necessary to determine the compliance with bacteriological standards at the end of the plant's specified product shelf-life. In case the products fail to meet the bacteriological standards at the specified shelf-life provided by plants, the State Health Officer shall require a reduction of shelf-life as he/she may deem appropriate. Shelf-life samples shall be collected from the plant where possible or from the distribution system while still in possession of the plant.

(m) The common name of the hooved mammal producing the milk shall precede the name of the milk, milk product, or frozen dessert when the product is made from other than cattle's milk (i.e. goat, sheep, water buffalo, or other hooved mammals' milk, or milk products respectively).

(n) In the case of condensed or dry milk products the following shall also apply:

1. The identity of the milk plant where condensed and/or dried; and if distributed by another party, the name and address of the distributor shall also be shown by a statement, such as "Distributed by."

2. A code or lot number identifying the contents with a specific date, run, or batch of the product, and the quantity of the contents of the container.

3. Seal number on inlet, outlet, wash connections, and vents; and

(2) All packages and other containers, including frozen desserts or other similar products defined in this rule, shall be labeled in accordance with the applicable requirements of the FFD&CA, as amended; the Fair Packaging and Labeling Act (FP&LA) and regulations developed thereunder; and, in addition, shall bear the name and address or permit number of the plant where processed and packaged.

(3) All vehicles and milk tank trucks containing milk, milk products, or frozen desserts shall be legibly marked with the name and address of the plant or hauler in possession of the contents.

(4) Milk tank trucks transporting raw heat-treated or pasteurized milk and milk products to a milk or frozen dessert plant from another milk or frozen dessert plant, receiving station, or transfer station are required to be marked with the name and address of the milk plant, frozen dessert plant, or hauler and shall be sealed. In addition, for each such shipment, a shipping statement shall be prepared containing at least the following information:

(a) Shipper's name, address, and permit number - Each milk tank truck load of milk shall include the IMS bulk tank unit identification number(s) or the IMS listed milk or frozen dessert plant number for farm groups listed with a milk plant or frozen dessert plant on the farm weight ticket or manifest.

(b) Permit identification of hauler.

(c) Point of origin of shipment.

(d) Tanker identity number.

(e) Name of product.

(f) Weight of product.

(g) Grade of product.

(h) Temperature of product when loaded.

(i) Date of shipment.

(j) Name of supervising Health Officer at the point of origin.

(k) Whether the contents are raw, pasteurized or in the case of cream, lowfat milk or skim milk, whether it has been heat treated.

(l) One (1) copy of the shipping statement shall be retained by the consignor, one (1) by the common carrier, and at least two (2) copies shall be delivered to the consignee with the shipment. The consignee shall forward at least one (1) copy to the State Health Officer in the receiving area. Upon request, the State Health Officer shall be notified by telegram, telephone message or electronic message, prior to delivery; such message being promptly confirmed by letter of such shipments of raw milk. The telegram or telephone message, confirmed by letter, shall contain the information required on the shipping statement, the destination, and the expected time of arrival at the destination.

(m) Entries made on shipping statements by consignors or consignees shall be legible. When the interstate shipment is derived from more than one point of origin, separate shipping statements for each of the sources involved, shall accompany the shipment. Shipping statements shall be retained on file for a period of at least six (6) months.

(n) All cans of raw milk from individual dairy farms shall be identified by the name or number of the individual milk producer.

(5) Administrative Procedures

(a) Emergency Supplies/Labeling - When the sale of "ungraded" milk, milk products, or frozen desserts is authorized during emergencies, under the terms of Rule 420-3-16-.03, the label must bear the designation "ungraded." When such labeling is not available, the State Health Officer shall take immediate steps to inform the public that the particular supply is "ungraded" and that the supply will be properly labeled as soon as the distributor can obtain the required labels.

Note: The option for the sale of "ungraded" milk, milk products, or frozen desserts, as cited above, shall not be applicable to a milk company IMS listed under the ICP.

(b) Identity Labeling

1. "Identity," as used in this rule, is defined as the name and address or permit number of the milk or frozen dessert plant at which the pasteurization, ultra-pasteurization, aseptic processing and packaging, retort processed after packaging, condensing, and/or drying takes place. It is recommended that the voluntary national uniform coding system for the identification of milk and frozen dessert plants, at which milk, milk products, and frozen dessert products are packaged, be adopted in order to provide a uniform system of codes throughout the country.

2. In cases where several milk plants are operated by one (1) firm, the common firm name may be utilized on milk bottles, containers, and packages; provided, the location of the milk plant at which the contents are pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed and/or dried is also shown, either directly or by a code. This requirement is necessary in order to enable the Health Officer to identify the source of the pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed and/or dried milk and/or milk products, and frozen dessert products. The street address of the milk or frozen dessert plant does not need to be shown when only one (1) milk or one (1) frozen dessert plant, of a given name, is located within the municipality.

3. The identity labeling requirement may be interpreted as permitting milk or frozen dessert plants and persons to purchase and distribute, under their own label, milk, milk products, and frozen desserts processed and packaged at another plant, provided, the label contains the name, address, and permit number of the manufacturer or that the label contains the name and address of the distributor and the statement "Processed or Manufactured at (name and address)" or that the processing and packaging milk plant is identified by the permit number of the manufacturer.

(c) Misleading Labels - The Health Officer shall not permit the use of any misleading marks, words, or endorsements upon the label. They may permit the use of registered trade designs or similar terms on the bottle cap or label, when in their opinion, they are not misleading and are not so used as to obscure the labeling required by this rule. For dry milk products, the outer bag shall be preprinted Grade "A" before filling. The use of super grade designations shall not be permitted; however, this should not be construed as prohibiting the use of official grade designations awarded to dry milk products by the United States Department of Agriculture (USDA). Grade designations such as "Grade "AA" Pasteurized," "Selected Grade "A" Pasteurized," "Special Grade "A" Pasteurized," etc., gives the consumer the impression that such a grade is significantly safer than Grade "A." Such an implication is false, because the rule requirements for Grade "A" pasteurized, ultra-pasteurized, aseptically processed and packaged low-acid milk, milk products, and frozen desserts or retort processed after packaged low-acid milk, milk products, and frozen desserts, when properly enforced, will ensure that this grade of milk, milk products, and frozen desserts will be as safe as they can practically be made. Descriptive labeling terms shall not be used in conjunction with the Grade "A" designation or name of the milk, milk product, or frozen dessert and shall not be false or misleading.

Ala. Admin. Code r. 420-3-16-.05

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 12/2/2018.

Author: G. M. Gallaspy, Jr.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 22-20-7.