Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Authorization to establish
specifications.
The commissioner is authorized to establish
specifications covering the principal constituents of any poultry food product
with respect to which a specified name of the product or other labeling
terminology may be used, whenever such action is necessary to prevent sale of
the product under a false or deceptive name or other false or misleading
labeling. The requirements of this section are hereby found to be necessary for
this purpose.
(b)
Labeling terminology for light and dark chicken or turkey meat.
Product containing light and dark chicken or turkey meat
in quantities other than natural proportions, as indicated in table I, must
have a qualifying statement in close conjunction with the name of the product
indicating, as shown in table I of this subdivision, the types of meat actually
used, except that when the product contains less than 10 percent cooked deboned
poultry meat or is processed in a manner that the character of the light and
dark meat is not distinguishable, the qualifying statement will not be
required. The qualifying statement must be in type at least one-half the size
and of equal boldness as the name of the product; e.g., boned
turkey (dark meat). If a product contains light and dark meat in natural
proportions and bears a label referring to light or dark meat content, the
label shall include a qualifying statement in accordance with this
subdivision.
TABLE I
|
Terminology |
Percent light
meat |
Percent dark
meat |
| Natural proportions |
50-65 |
50-35 |
| Light or white meat |
100 |
0 |
| Dark meat |
0 |
100 |
| Light and dark meat |
51-65 |
49-35 |
| Dark and light meat |
35-49 |
65-51 |
| Mostly white meat |
66 or more |
34 or less |
| Mostly dark meat |
34 or less |
66 or more |
(c)
Poultry meat content of poultry
food products.
(1) General.
(i) Where cooked poultry meat is specified in
this section as an ingredient of poultry food products, this means poultry meat
derived from poultry processed, cooked and cooled in a manner approved by the
commissioner without use of liquid or moisture in direct contact with the
poultry meat following the cooking and cooling of the poultry.
(ii) If, following cooking and cooling of
poultry meat to be used in poultry food products, liquid or moisture is used in
direct contact with such poultry meat and the percentage of solids, excluding
salt, in the poultry meat is found to be below 34 percent when such poultry
meat is tested by approved methods, the percentage of poultry meat required by
this section for any poultry food product shall be increased in proportion to
the deficiency, or the meat shall be so processed as to raise the solids
content, excluding salt, to 34 percent. The official plant shall furnish
adequate facilities for such testing.
(2) Canned boned poultry.
(i) Canned boned poultry shall, unless
otherwise specified in this paragraph, be prepared from cooked deboned poultry
meat and may contain skin and fat not in excess of natural proportions.
Gelatin, stabilizers or similar solidifying or emulsifying agents shall not be
added to product labeled "Boned (Kind)-Solid Pack", but may be added in
quantities not in excess of a total of 0.5 percent of the total ingredients in
the preparation of other canned boned poultry products and in such case the
common name of the substance added shall be included in the name of the
product, e.g., "Boned Chicken with Broth-Gelatin
Added".
(ii) Canned boned poultry,
except poultry within subparagraph (iv) of this paragraph, shall meet the
requirements set forth in table II of this paragraph. The percentages in table
II shall be calculated on the basis of the total ingredients used in the
preparation of the product.
(iii)
Canned shredded poultry (shredded) (kind), consists of poultry meat reduced to
a shredded appearance, from the kind of poultry indicated, with meat, skin, and
fat not in excess of the natural whole carcass proportions. Canned shredded
poultry from specific parts may include skin or fat in excess of the
proportions normally found on a whole carcass, but not in excess of the
proportions of skin and fat normal to the particular part or parts; and such
product shall be labeled in accordance with section 320.131(g) of this Title.
Product within this subparagraph shall be prepared as set forth in table II,
items 1, 2, 3, or 4, whichever is applicable.
(iv) Canned boned poultry with natural juices
(boned [kind] with natural juices) shall be prepared from either raw boned
poultry meat or a mixture of raw boned poultry meat and cooked boned poultry
meat, and shall have no liquid added during the preparation of the product.
TABLE II
| Product name |
Minimum percent cooked deboned
poultry meat of kind indicated, with skin, fat, and
seasoning |
Maximum percent liquid that may be
added1 |
| 1. Boned (Kind)-Solid Pack |
95 |
5 |
| 2. Boned (Kind) |
90 |
10 |
| 3. Boned (Kind) with
Broth2 |
80 |
20 |
| 4. Boned (Kind) with percent
Broth2,3 |
50 |
50 |
| 5. Strained or Chopped (Kind) with
Broth2,4 |
43 |
57 |
1 Liquid may be in the form
of, but is not limited to, broth or extractives.
2 Alternatively, product may
be prepared from raw boned poultry meat in combination with cooked boned
poutlry meat so long as the product complies with the specified
standard.
3 Total amount of liquid added
shall be included in the name of the product; e.g., "Boned
Chicken with 25 percent Broth".
4 Label must indicate in some
manner that product is for infant or geriatric servings.
(3) Poultry dinners (frozen) and
pies.
Poultry dinners (frozen) and pies shall meet the
requirements set forth in table III of this paragraph and the percentage or
weight shall be calculated on the basis of total ingredients used in the
preparation of the products.
TABLE III
| Product name |
Minimum cooked
deboned poultry meat of kind indicated |
Minimum raw
deboned poultry meat of kind indicated |
|
Percent |
Weight |
Percent |
Weight |
| (Kind) Pies |
14 |
or |
1 1/8 oz. per |
or |
25 |
or |
2 oz. per |
| 8 oz. pie |
8 oz. pie |
| (Kind) Dinners |
181, 2 |
22 oz. |
- |
- |
1 Excluding weight of
appetizers, desserts, etc.
2 18 percent or two ounces,
whichever is greater. A minimum of 45 percent, or five ounces per dinner,
whichever is greater, of cooked poultry including bone and breading may be used
in lieu of minimum 18 percent or two ounces of cooked deboned poultry meat and
the cooked poultry including bone and breading shall not contain more than 30
percent breading.
(4)
Poultry rolls.
(i) Binding agents, including
but not limited to gelatin and wheat gluten, may be added in quantities not in
excess of a total of three percent for cooked rolls and two percent for raw
rolls, based on the total ingredients used in the preparation of the product,
without affecting the name of the product. However, when such agents are added
in excess of three percent or two percent, whichever is applicable, the common
name of the agent or the term "Binders Added" shall be included in the name of
the product; e.g., "Turkey Roll-Gelatin Added".
(ii) With respect to heat processed rolls,
two percent or less liquid based on the weight of the finished product without
liquid may remain with or be returned to product labeled as "(Kind)
Roll".
(iii) Heat processed rolls
which have more than two percent liquid remaining with or returned to the
product shall be labeled as "(Kind) Roll with Natural Juices". If more than two
percent of any liquid other than natural cookout juices is added, the product
must be labeled to indicate that fact; e.g., "Turkey Roll with
Broth". Liquid shall not be returned or added to product within this
subparagraph in excess of the amount normally cooked out during
preparation.
(5)
(Kind)-burgers.
Such product shall consist of 100 percent poultry meat of
the kind indicated, with skin and fat not in excess of natural proportions.
Product containing fillers or binders shall be named "(Kind) Patties".
(6) Other poultry dishes and
specialty items.
(i) Poultry dishes and
specialty items listed in table IV of this paragraph shall meet the
requirements set forth in said table, irrespective of the type of packaging,
and the percentages in table IV shall be calculated on a ready-to-serve basis,
except that soup bases in institutional packs which are prepared for sale to
institutional users shall have a minimum of 15 percent cooked deboned poultry
meat based on the weight of the soup base product. Products similar to those
listed in table IV, but having less than the specified minimum poultry meat
content, may use the "Kind" name in the product name, provided it is
appropriately qualified to distinguish such products from those containing the
specified minimum meat content.
(ii) Products of the types specified in
sections 340.208(a) and (b) will be deemed to have false, deceptive or
misleading labeling if they us the "Kind" name of the poultry (chicken, turkey,
etc.) in the product name without appropriate qualification. For example, a
consumer packaged noodle soup product containing less than 2 percent chicken
meat on a ready-to-serve basis may not be labeled as "Chicken Noodle Soup" but,
when appropriate, could be labeled as "Chicken Flavored Noodle Soup".
TABLE IV
| Product
name1 |
Minimum percent cooked deboned
poultry meat of kind indicated |
Minimum percent cooked poultry of
kind indicated, including bone |
| (Kind) Ravioli |
2 |
- |
| (Kind) Soup |
2 |
- |
| Chop Suey with (Kind) |
2 |
- |
| (Kind) Chop Suey |
4 |
- |
| (Kind) Chow Mein without noodles |
4 |
- |
| (Kind) Tamales |
6 |
- |
| Noodles or Dumplings with
(Kind)2 |
6 |
- |
| (Kind) Stew |
12 |
- |
| (Kind) Fricassee of Wings |
- |
40 |
| (Kind) Noodles or
Dumplings2 |
15 |
30 |
| Creamed (Kind) |
20 |
- |
| (Kind) Cacciatore |
20 |
40 |
| (Kind) Fricassee |
20 |
40 |
| (Kind) A-La-King |
20 |
- |
| Sliced (Kind) with Gravy |
35 |
- |
| Minced (Kind) Barbecue |
40 |
- |
(7) Ready-to-cook poultry products to which
solutions are added.
(i) Butter alone, or
solutions of poultry broth, poultry stock, water, or edible fats, or mixtures
thereof, in which are included functional substances such as spices, flavor
enhancers, emulsifiers, phosphates, coloring materials, or other substances,
approved by the commissioner in specific cases, may be introduced by injection
into the thick muscles (breast and legs) of ready-to-cook poultry carcasses and
may be introduced by injection or marinating into any separate part therefrom
and into poultry roasts including chunked and formed products (but not poultry
rolls) for the purpose of providing a basting medium or similar function. The
ingredients of the added materials and the manner of addition to the products
must be found acceptable by the commissioner, in all cases. The introduction of
the added materials shall increase the weight of the processed product by
approximately three percent over the weight of the raw product after washing
and chilling in compliance with section 340.50. The provisions of subdivision
(b) of this section specifying light and dark meat percentages required for
certain poultry products shall be construed to permit products under this
paragraph to contain approximately three percent of the added materials as
provided in this paragraph under conditions outlined in subparagraph (iii) of
this paragraph; and the weight of the added materials introduced into the
poultry products as provided in this paragraph shall be included as part of the
weight of the poultry for purposes of the net weight labeling provisions in
section 340.130(a)(3).
(ii) A raw
poultry product, into which the added materials of the type described in
subparagraph (i) of this paragraph are introduced, must be labeled with a
conspicuous, legible, and descriptive name, including terms that describe the
method of addition and function of the added material. All major terms in the
product name must be printed with the same prominence, except that the words
which concisely describe the function of the added materials (such as "Injected
for Flavored Basting") may be more prominent provided this does not detract
from the conspicuousness of the other terms in the product name (such as "Young
Turkey"). The label must bear a statement, in bold type, immediately below and
adjacent to the product name, listing the common or usual names of the added
materials in descending order of predominance. The first part of this statement
must consist of terms adequate to inform consumers about the amount and manner
of introduction of the solution (such as "Injected with approximately three
percent of a solution of __"), and must be printed at least one-fourth the size
of the most prominent letter in the product name with a minimum size of
one-fourth inch for a ready-to-cook turkey and proportionately smaller for
other poultry products. The remainder of the solution ingredients shall be
declared in type at least one-eighth inch in height. The entire statement must
be printed in a color that contrasts with the background and be displayed on
the principal display panel.
(iii)
Approval for use of a label for product under this paragraph depends upon the
ability of the processor to control the finished product so that the average
percent of basting material in each outgoing lot varies no more than 10 percent
from the three percent requirement. Therefore, lots averaging 2.7 percent to
3.3 percent of basting material when tested by an approved plant control
procedure would be in compliance. As used in this subparagraph, "a lot" may be
any reasonable portion of production designated by the official plant, or a
maximum of an entire shift's production from one production line. The control
procedures to be eligible for approval by the commissioner must:
(a) Assure compliance with all labeling
requirements.
(b) Control the
variability of the three percent added approved solution within the limits
defined above.
(c) Provide for the
disposition in accordance with the regulations in this Part of all products not
in compliance with this Part, unless they are reprocessed to bring them into
such compliance.
(d) Incorporate a
system of raw weight identification of a sufficient number of poultry and/or
poultry parts to allow effective monitoring of the system by department
inspectors and plant employees.
Footnotes
1
The product name may contain other appropriate
descriptive terms such as "noodle"; e.g., "Chicken Noodle
Soup".
2 Product also includes rice or similar
starches.
