(a) Definitions. For the purposes of this section: (1) A product is that a cured pork article that is contained within one Group as defined in subsection (a)(2) of this section and that purports to meet the criteria for a single product designated under the heading "Product Name and Qualifying Statements" in the charts in 9 CFR sections 319.104 or 319.105 (2006).(2) A Product Group or a Group means one of the following:(A) Group I, consisting of cured pork products that have been cooked while imperviously encased. Any product that fits into the Group will be placed in this Group regardless of any other considerations.(B) Group II, consisting of cured pork products that have been water cooked. Any product that does not fit into Group I but does fit into Group II will be placed into Group II regardless of any other considerations.(C) Group III, consisting of boneless smokehouse heated cured pork products. Any boneless product that does not fit into Group I or Group II shall be placed in Group III.(D) Group IV, consisting of bone-in or semi-boneless smokehouse heated cured pork products. Any product that is not completely boneless or still contains all the bone that is traditional for bone-in product, and does not fit into Group I, Group II, or Group III shall be placed in this Group.(3) A lot is that product from one production shift.(4) A production rate is frequency of production, expressed in days per week.(5) Protein fat free percentage, protein fat free content, PFF percentage, PFF content or PFF of a product means the meat protein (indigenous to the raw, unprocessed pork cut) content expressed as a percent of the non-fat portion of the finished product.(b) Normal Compliance Procedures. The Department may collect samples of cured pork products and analyze them for their PFF content. Analyses shall be conducted by the Department's Center for Analytic Chemistry Laboratory or another laboratory approved by the Department.(c) Each analytical result shall be recorded and evaluated to determine if the affected lot and subsequent production of like product shall be California Retained as provided in subsection (e) of this section.(d) Rules for Rounding: (1) Laboratory results for percent meat protein and fat will be reported to the second decimal place (hundredths).(2) PFF for charting purposes will be calculated from the reported laboratory results to the second decimal place. Rounding of calculations to reach two decimal places will be done by the following rule:(3) All values of five-thousandths (0.005) or more will be rounded up to the next highest hundredth. All values of less than five-thousandths (0.005) will be dropped.(4) For compliance with the Absolute Minimum PFF requirements, the PFF will be rounded to the first decimal place (tenths). Rounding of calculations to reach one decimal place will be done by the following rule: All PFF values of five-hundredths (0.05) or more will be rounded up to the next highest tenth. All PFF values of less than five-hundredths (0.05) will be dropped.(5) For product disposition (pass-fail of a minimum PFF standard for retained product) the average PFF calculation will be rounded to the first decimal place. Individual PFF Values will be calculated to the nearest hundredth as in (B) above. The average, however, will be rounded to the nearest tenth as in (C) above.(e) Criteria for California retention of cured pork products for further analysis.(1) When an analysis of an individual sample indicates a PFF content below the applicable minimum requirement of 9 CFR section 319.104 or section 319.105 (2006) by 2.3 or more percentage points for a Group I or II product, or 2.7 or more percentage points for a Group III or IV product, the lot from which the sample was collected shall be California Retained.(2) Any subsequently produced lots of like product and any lots of like product for which production dates cannot be established shall be California Retained.(3) Disposition of such California Retained product shall be in accordance with subsections (f) and (g) of this section.(f) Compliance procedure during product retention. (1) When a product lot is California Retained under the provisions of subsections (e)(1) and (2) of this section, the Department shall collect three randomly selected samples from each such lot and analyze them individually for PFF content. The PFF content of the three samples shall be evaluated to determine disposition of the lot as provided in subsection (e)(1) of this section and the action to be taken on subsequently produced lots of like product as provided in subsection (e)(2) of this section.(2) If the processor does not wish to have the product evaluated in this manner, alternate sampling plans may be used provided such plans have been formulated by the processor and approved by the Department prior to evaluation by the three-sample criteria, and provided the analyses specified in such plans are performed at the expense of the processor.(A) A product lot that is California Retained under the provisions of subsection (e)(1) of this section may be released for entry into commerce provided one of the following conditions is met:1. The average PFF content of the three samples randomly selected from the lot is equal to or greater than the applicable minimum PFF percentage required by 9 CFR section 319.104 or section 319.105 (2006). Further processing to remove moisture for the purpose of meeting this provision is permissible. In lieu of further analysis to determine the effects of such processing, each 0.37 percent weight reduction due to moisture loss resulting from the processing may be considered the equivalent of a 0.1 percent PFF gain.2. The lot of the product is relabeled to conform to the provisions of 9 CFR section 319.104 or section 319.105 (2006), under the supervision of an inspector.3. The lot is one that has been prepared subsequent to preparation of the lot that, under the provisions of subsection (e)(2) of this section, resulted in discontinuance of California retention of new lots of like product. Such lot may be released for entry into commerce prior to receipt of analytical results for which sampling has been conducted. Upon receipt of such results, they shall be subjected to the provisions of subsection (e)(1) of this section.(g) Products not meeting specified PFF requirements, determined according to procedures set forth in this section, may be deemed adulterated under the Federal Food, Drug, and Cosmetic Act, 21 USC section 601(m)(8) and misbranded under section 601(n).Cal. Code Regs. Tit. 3, § 910.12
1. New section filed 5-31-2007; operative 6-30-2007 (Register 2007, No. 22). Note: Authority cited: Sections 407, 18693, 18735, 18960, 18961 and 19014, Food and Agricultural Code. Reference: Sections, 18652, 18662, 18664, 18665, 18666, 18669, 18676, 18721, 18724, 18727, 18730, 18845, 18944, 18947, 18949, 18973, 19014 and 19017, Food and Agricultural Code; 9 CFR sections 319.104 and 319.105 (2006); and Federal Food, Drug, and Cosmetic Act, 21 USC section 601.
1. New section filed 5-31-2007; operative 6-30-2007 (Register 2007, No. 22).