105 CMR, § 500.004

Current through Register 1536, December 6, 2024

Section 500.004 - Federal Regulations Applicable to All Licensees and Permit Holders

All licensees and permit holders shall comply with all federal regulations that are applicable to the type of food processing that they conduct. Such regulations include but are not necessarily limited to the following.

(A)Food Processing.

(1) 21 CFR Part 106: Infant Formula Quality Control Procedures;

(2) 21 CFR Part 110.00: Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food;

(3) 21 CFR Part 111: Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements;

(4) 21 CFR Part 113.00: Thermally Processed Low-acid Foods Packaged in Hermetically Sealed Containers, and 21 CFR § 108.35: Thermal Processing of Low-acid Foods Packaged in Hermetically Sealed Containers;

(5) 21 CFR Part 114.00: Acidified Foods, and 21 CFR § 108.25: Acidified Foods;

(6)21 CFR 173.315: Chemicals Used in Washing or to Assist in the Peeling of Fruits and Vegetables;

(7)Enforcement of 105 CMR 500.005(A)(1) through (6). When the Department receives a complaint alleging a violation of any provision of 105 CMR 500.004(A)(1) through (6) with respect to a business that participates in interstate commerce, the Department may refer the complainant to the U.S. Food and Drug Administration or take other appropriate action.

(B)Food Labeling.

(1) 9 CFR Part 317: Labeling, Marking Devices, and Containers;

(2) 9 CFR Part 381: Poultry Products Inspection Regulations:

(a) Subpart N: Labeling and Containers;

(b) Subpart Y: Nutrition Labeling.

(3) 21 CFR Part 1: General Enforcement Regulations:

(a) Subpart A: General Provisions;

(b) Subpart B: General Labeling Requirements.

(4) 21 CFR Part 100: General:

(a) Subpart F: Misbranding for Reasons Other than Labeling;

(b) Subpart G: Specific Administrative Rulings and Decisions.

(5) 21 CFR Part 101: Food Labeling;

(6) 21 CFR Part 102: Common or Usual Name for Nonstandardized Foods;

(7) 21 CFR Part 104: Nutritional Quality Guidelines for Foods;

(8) 21 CFR Part 105: Foods for Special Dietary Use;

(9) 21 CFR Part 107: Infant Formula;

(10)Enforcement of 105 CMR 500.004(B)(1) through (9). When the Department receives a complaint alleging a violation of any provision of 105 CMR 500.004(B)(1) through (9) with respect to a business that participates in interstate commerce, the Department may refer the complainant to the U.S. Department of Agriculture or the U.S. Food and Drug Administration, or take other appropriate action.

(C)Standards of Identity.

(1) 21 CFR Part 130: Food Standards: General;

(2) 21 CFR Part 131: Milk and Cream;

(3) 21 CFR Part 133: Cheeses and Related Cheese Products;

(4) 21 CFR Part 135: Frozen Desserts;

(5) 21 CFR Part 136: Bakery Products;

(6) 21 CFR Part 137: Cereal Flours and Related Products;

(7) 21 CFR Part 139: Macaroni and Noodle Products;

(8) 21 CFR Part 145: Canned Fruits;

(9) 21 CFR Part 146: Canned Fruit Juices;

(10) 21 CFR Part 150: Fruit Butters, Jellies, Preserves, and Related Products;

(11) 21 CFR Part 152: Fruit Pies;

(12) 21 CFR Part 155: Canned Vegetables;

(13) 21 CFR Part 156: Vegetable Juice;

(14) 21 CFR Part 158: Frozen Vegetables;

(15) 21 CFR Part 160: Eggs and Egg Products;

(16) 21 CFR Part 161: Fish and Shellfish;

(17) 21 CFR Part 163: Cacao Products;

(18) 21 CFR Part 164: Tree Nut and Peanut Products;

(19) 21 CFR Part 166: Margarine;

(20) 21 CFR Part 168: Sweeteners and Table Sirups;

(21) 21 CFR Part 169: Food Dressings and Flavorings;

(22)Enforcement of 105 CMR 500.004(C)(1) through (21). When the Department receives a complaint alleging a violation of any provision of 105 CMR 500.004(C)(1) through (21) with respect to a business that participates in interstate commerce, the Department may refer the complainant to the U.S. Food and Drug Administration or take other appropriate action.

(D)General Enforcement Regulations. 21 CFR Part 1, Subpart B: General Labeling Requirements, as they relate to food. When the Department receives a complaint alleging a violation of 105 CMR 500.004(D) with respect to a business that participates in interstate commerce, the Department may refer the complainant to FDA or take other appropriate action.

105 CMR, § 500.004

Amended by Mass Register Issue 1322, eff. 9/23/2016.