 |
|
| Ten Most
Commonly Asked Labeling Questions |
|
|
|
-
What is a generic approval?
A generic approval is a final label that can be used without further authorization from FSIS. The label may have to receive sketch approval because it may bear special claims (quality, nutrient content, health, negative, geographical origin, animal production, etc.), guarantees, foreign language or nutrition facts. If the label is for a single ingredient amenable product that bears no special claims, guarantees, foreign language or nutrition facts, it is a generic approval. If the label is for an amenable multi-ingredient standardized product and bears no special claims, guarantees, foreign language or nutrition facts, the label can either be a generic approval or submitted to the Labeling Compliance Team (LCT) attached to a label application form.
-
What labeling records do I have to maintain?
An establishment responsibility is to create and maintain records of final labeling, otherwise known as, generic approvals. A record of generic approval consists of the actual product's label, the product formulation, processing procedure and sketch approvals, if needed. A sketch approval is required for labeling with special claims, guarantees, foreign language or nutrition facts. In addition a sketch approval is required for labeling of non-standardized products, e.g., "Beef Flavor" and labeling for non-amenable products, e.g., "Venison Jerky."
-
I just received a shipment of transferred labels from another Federal establishment. How do I apply for approval?
Transferred labels can be used without temporary approval provided the
labeling is not false or misleading with the exception of an incorrect
signature line and/or incorrect establishment number. The shipping
establishment is responsible for transferring approved labels or containers bearing the official mark (with or without the establishment
number) between official establishments. The transferred labeling operates
under the original approval even in situations when both the establishment
number and the signature line are incorrect on the label. The producing
establishment should furnish the inspector with accurate information on all
procedures involved in product preparation, including product composition, and
any changes in such procedures. The producing company should maintain records
that indicate how product origin is marked on the labeling; such records are
especially useful in the event of a product recall. One method of product
origin labeling is to cover the existing legend with a pressure sensitive
legend that bears the correct establishment number. Refer to
FSIS Directive 7221.1 (PDF only),
"Prior Labeling Approval".
-
Can I get a temporary approval?
Temporary approvals may be granted for a period not to exceed 180 calendar
days, under the following conditions listed below (a - d). If the deficiency
is not minor in nature, the label will have to be corrected prior to requesting
temporary approval. Corrections to labeling may encompass covering an error with
indelible ink, using a corrected pressure sensitive sticker or cutting off a
portion of the label.
-
The proposed labeling would not misrepresent the product;
-
The use of the labeling would not present any potential health, safety,
or dietary problems to the consumer;
-
Denial of the request would create undue economic hardship; and
-
An unfair competitive advantage would not result from the granting of the temporary approval.
-
Can I get a temporary approval for the use of the term "new?"
After the initial six month period of using a label with the term "new,"
the company would have to apply for an extension to use the label. A six-month
temporary approval would only be granted under one of four provisions located
within FSIS
Directive 7220.1 (PDF only), Policy Memo 107, "Use of "New" and Similar Terms".
-
My plant burned down and my labeling records were destroyed.
Can I get copies of my approved label applications?
We can provide microfilmed copies of labeling records on file with us,
i.e., sketch, temporary or final. However, on July 1, 1996, we stopped
granting final approvals but started keeping microfilmed records of sketch
approvals. We can not provide copies of the old IIC approved labels or generic
approvals since those records exist in the Federal plant involved or its
headquarters location.
-
How do I figure out the nutrition facts serving size for a particular
product?
The serving size is based on the edible portion of food and not on inedible
components, e.g., bone, seed, shell, etc. The serving size is determined from
the "Reference Amounts Customarily Consumed Per Eating Occasion - General Food
Supply." The tables indicating the reference amounts customarily consumed (RACC)
for various meat or poultry products are located in
9 CFR 317.312 and
381.412. Important information that also applies to determining a serving
size under certain circumstances is also located in regulations
9 CFR 317.309(b) and
381.409(b), e.g., discrete units, bulk products, etc
-
What nutrition claim size requirements do I have to follow when
I am using a fanciful name in conjunction with a descriptive name?
The size of nutrient content claims can be based on a "fanciful name" or a
"true product name," with certain limitations. For example, meals and entrees
often have a fanciful name to broadly identify the product, which is followed,
by a descriptive product name. Claims can be two times the size of the largest
letter in the fanciful name if the combined fanciful/true name follows the
one-third sizing rule for product names. If the claims size is two times the
size of the fanciful name, the size of all letters in the fanciful/true name
need to be at least one-third the size of the largest letter in the
fanciful/true name.
-
What can we name this product?
Call the LCT and speak to a staff member. Provide a list of possible choices
for a product name and provide formulation amounts and information regarding
the processing procedure.
-
Am I allowed to put an ingredients statement, address line and nutrition
facts on the back of a package?
The ingredients statement, address line and nutrition facts are permitted
in a location other than the principal display panel on what is referred to as
an information panel. However, the ingredients statement, address line and
nutrition facts must be placed together. For more details on an information
panel, refer to
9 CFR 317.2(m) or
381.116(c).
|
|
|
|
|
 |
|
|
|
|
To view PDF files you must have Adobe Reader installed on your computer.
|
|
|
|
|
 |
|
|
