Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331)
Chapter 3 - FOOD
Section 144-200-3-6 - FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING

Universal Citation: 10 ME Code Rules § 144-200-3-6

Current through 2024-38, September 18, 2024

3-601 Accurate Representation

3-601.11 Standards of Identity.

Packaged Food shall comply with standard of identity requirements in 21 CFR 131-169 and 9 CFR 319 (Definitions and Standards of Identity or Composition)(2012 ed.), and the general requirements in 21 CFR 130 (Food Standards: General)(2012 ed.) and 9 CFR 319 (Subpart A - General)(2012 ed.).

3-601.12 Honestly Presented.

(A) Food shall be offered for human consumption in a way that does not mislead or misinform the Consumer.

(B) Food or Color Additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a Food.

(C) No food containing surimi or surimi product may be served for consumption on or off premises, unless on the menu and all notices advertising the Food it is clearly and conspicuously labeled as "imitation lobster", imitation crab", "imitation" followed by the name of the seafood imitated , "processed seafood", "surimi", "lobster-processed seafood salad", "crab-processed seafood salad" or other terms as approved by the Maine Department of Marine Resources.

(D) A Food is deemed to be misbranded if a Food or Eating Establishment sells, offers for sale or servesin any Food or Eating Establishment any Food or Food Product, whether or not in packaged form, to which that person has added monosodium glutamate, unless:

(1) The package in which that Food or Food Product is offered for sale conspicuously bears a label or stamp indicating that the Food or Food Product contains monosodium glutamate;

(2) When the Food or Food Product is offered for consumption and is not packaged, a conspicuous label or sign is place on the Food, immediately next to the Food, immediately next to the Food's listing on the menu, or in an open manner where the Food order or Food Product is obtained, indicating that the Food or Food Product contains monosodium glutamate; or

(3) There is a conspicuously displayed directory to which consumers can refer for information on the contents of unpackaged products for sale.

3-602 Labeling

3-602.11 Food Labels.

(A) Food Packaged in a Food or Eating Establishment, shall be labeled as specified in Law, including 21 CFR 101 - Food Labeling, and 9 CFR 317 Labeling, Marking Devices, and Containers.

(B) Label information shall include:

(1) The common name of the food, or absent a common name, an adequately descriptive identity statement;

(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color, or flavor and chemical preservatives, if contained in the food;

(3) An accurate declaration of the quantity of contents;

(4) The name and place of business of the manufacturer, packer, or distributor; and

(5) The name of the food source for each Major Food Allergen contained in the food, unless the food source is already part of the common or usual name of the respective ingredient (Effective January 1, 2006).

(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act §403(Q)(3)-(5), nutrition labeling as specified in 21 CFR 101 (Food Labeling)(2012 ed.) and 9 CFR 317 Subpart B (Nutrition Labeling)(2012 ed.).

(7) For any salmonid Fish containing canthaxanthin as a Color Additive, the labeling of the bulk Fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin.

(C) Bulk Food that is available for Consumer self-dispensing shall be prominently labeled with the following information in plain view of the Consumer:

(1) The manufacturer's or processor's label that was provided with the Food; or

(2) A card, sign, or other method of notification that includes the information specified under Subparagraphs (B)(1), (2), and (5) of this section.

(D) Bulkunpackaged Foods such as bakery products and unpackaged Foods that are portioned to Consumer specification need not be labeled if:

(1) A health, nutrient content, or other claim is not made;

(2) There are no state or local Laws requiring labeling; and

(3) The Food is manufactured or prepared on the Premises of the Food or Eating Establishment or at another Food or Eating Establishment or a Food Processing Plant that is owned by the same Person and is regulated by the Food regulatory agency that has jurisdiction.

3-602.12 Other Forms of Information.

(A) If required by Law, Consumer warnings shall be provided.

(B) Food Establishment or manufacturers' dating information on Foods may not be concealed or altered.

3-603 Consumer Advisory

3-603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.*

(A) Except as specified in ¶ 3-401.11(C) and Subparagraph3-401.11(D)(4) and under ¶ 3-801.11 (C), if an animal Food such as Beef, Eggs, Fish, lamb, milk, pork, Poultry, or shellfish is served raw, undercooked, or without otherwise being processed to eliminate pathogens, either in Ready-to-Eat form or as an ingredient in another Ready-to-Eat Food, the Permit Holder shall inform Consumers of the significantly increasedrisk of consuming such Foods by way of a Disclosure and Reminder, as specified in ¶¶ (B) and (C) of this section, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.

(B) Disclosure shall include:

(1) A description of the animal-derived Foods, such as "oysters on the half shell (raw oysters)," "raw-Egg Caesar salad," and "hamburgers (can be cooked to order) "; or

(2) Identification of the animal-derived Foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.

(1) Regarding the safety of these items, written information is available upon request;

(2) Consuming raw or undercooked Meats, Poultry, seafood, shellfish, or Eggs may increase your Risk of foodborne illness; or

(3) Consuming raw or undercooked Meats, Poultry, seafood, shellfish, or Eggs may increase your Risk of foodborne illness, especially if you have certain medical conditions.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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