Current through Register Vol. 54, No. 49, December 7, 2024
Section 1.271 - Specific requirements and prohibitions for labelsThe labels and containers of product shall comply with the following provisions as applicable:
(1) 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 shall be a recognized style or type of product identified with and peculiar to the area represented by the geographical term, the product shall 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. A geographical term, however, 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 such qualifications. The terms "frankfurter," "vienna," "bologna," "lebanon bologna," "braunschweiger," "thuringer," "genoa," "leona," "berliner," "holstein," "goteborg," "milan," "polish" 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.(2) Such terms as "farm" or "country" may not be used on labels in connection with products unless such products are actually prepared on the farm or in the country except that:(i) 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; and(ii) 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. 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."(3) The term "spring lamb" or "genuine spring lamb" shall be applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not later than the close of the week containing the first Monday in October.(4) 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 food 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 food products may be color tinted or bear red designs on 50% of such wrapper or covering if:(i) The transparent or semitransparent portion of the principal display panel is free of color tinting and red designs; and(ii) The principal display panel provides at least 20% unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.(5) The term "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.(6) No ingredient shall be designated on the label as a spice, flavoring or coloring unless it conforms with the meaning of such terms as commonly understood by consumers. The term "spice" shall be shown for all natural spices. An ingredient which 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 specific name.(7) As used on labels of product, the term "gelatin" shall mean:(i) The jelly prepared in official establishments by cooking pork skins, tendons, or connective tissue from inspected and passed product; or(ii) dry commercial gelatin or the jelly resulting from its use.(8) Product (other than canned product) labeled with the term "loaf" as part of its name shall conform with the following:(i) If distributed from the official establishment in consumer size containers may be in any shape.(ii) If distributed in a container of size larger than that sold intact at retail the product shall be prepared in rectangular form, or as specified in subparagraph (iii).(iii) 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.(9) 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.(10) When products such as loaves are browned by dipping in hot edible oil or by a flame, the label shall state such fact by words such as "Browned in Hot Cottonseed Oil" or "Browned by a Flame," appearing as part of the product name.(11) 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.(12) The term "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 or ham shank meat 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.(13) 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.(14) Such terms as "meat extract" or "extract of beef" without qualification shall not be used on labels of 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."(15) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried skim milk is added to sausage there shall appear on the label in a prominent manner, contiguous to the name of the product, the name of each such added ingredient as, for example, "Cereal and Potato Flour Added," "Soy Flour Added," "Soy Protein Concentrate Added," "Isolated Soy Protein Added," "Nonfat Dry Milk Added," "Calcium Reduced Dried Skim Milk Added," or "Cereal and Nonfat Dry Milk Added."(16) 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." The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.(17) The term "Leaf Lard" shall refer to lard prepared from fresh leaf fat.(18) 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," respectively.(19) 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."(20) When not more than 20% 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% 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" shall be 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 food products.(21) 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 "semiboneless" shall not be used if less than 50% of the total weight of bones has been removed.(22) When monoglycerides, diglycerides 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."(23) When approved proteolytic enzymes are used on steaks or other meat cuts in an official establishment there shall appear on the label contiguous to the product name, a prominent descriptive statement, such as "Dipped in a solution of Papain," to indicate the use of such enzymes.(24) 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 "Dimethypolysiloxan Added."(25) 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.(26) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) 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."(27) Meat of goats shall be identified as goat meat or chevon.The provisions of this § 1.271 amended October 22, 1971, 1 Pa.B. 2014. This section cited in 7 Pa. Code § 1.230 (relating to special markings for certain meat food products); and 7 Pa. Code § 1.277 (relating to labeling custom prepared products).