[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR317.2]

[Page 161-169]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents
 
                            Subpart A_General
 
Sec. 317.2  Labels: definition; required features.

    (a) A label within the meaning of this part shall mean a display of 
any printing, lithographing, embossing, stickers, seals, or other 
written, printed, or graphic matter upon the immediate container (not 
including package liners) of any product.
    (b) Any word, statement, or other information required by this part 
to appear on the label must be prominently placed thereon with such 
conspicuousness (as compared with other words, statements, designs, or 
devices, in the labeling) and in such terms as to render it likely to be 
read and understood by the ordinary individual under customary 
conditions of purchase and use. In order to meet this requirement, such 
information must appear on the principal display panel except as 
otherwise permitted in this part. Except as provided in Sec. 317.7, all 
words, statements, and other information required by or under authority 
of the Act to appear on the label or labeling shall appear thereon in 
the English language: Provided, however, That in the case of products 
distributed solely in Puerto Rico, Spanish may be substituted for 
English for all printed matter except the USDA inspection legend.
    (c) Labels of all products shall show the following information on 
the principal display panel (except as otherwise permitted in this 
part), in accordance with the requirements of this part or, if 
applicable, part 319 of this subchapter:
    (1) The name of the product, which in the case of a product which 
purports to be or is represented as a product for which a definition and 
standard of identity or composition is prescribed in part 319 of this 
subchapter, shall be the name of the food specified in the standard, and 
in the case of any other product shall be the common or usual name of 
the food, if any there be, and if there is none, a truthful descriptive 
designation, as prescribed in paragraph (e) of this section;
    (2) If the product is fabricated from two or more ingredients, the 
word ``ingredients'' followed by a list of the ingredients as prescribed 
in paragraph (f) of this section;
    (3) The name and place of business of the manufacturer, packer, or 
distributor for whom the product is prepared, as prescribed in paragraph 
(g) of this section;
    (4) An accurate statement of the net quantity of contents, as 
prescribed in paragraph (h) of this section;
    (5) An official inspection legend and, except as otherwise provided 
in paragraph (i) of this section, the number of the official 
establishment, in the form required by part 312 of this subchapter;
    (6) Any other information required by the regulations in this part 
or part 319 of this subchapter.
    (d) The principal display panel shall be the part of a label that is 
most likely to be displayed, presented, shown, or examined under 
customary conditions of display for sale. Where packages bear alternate 
principal display panels, information required to be placed on the 
principal display panel shall be duplicated on each principal display 
panel. The principal display panel shall be large enough to accommodate 
all the mandatory label information required to be placed thereon by 
this part and part 319 of this subchapter with clarity and 
conspicuousness and without obscuring of such information by

[[Page 162]]

designs or vignettes or crowding. In determining the area of the 
principal display panel, exclude tops, bottoms, flanges at tops and 
bottoms of cans, and shoulders and necks of bottles or jars. The 
principal display panel shall be:
    (1) In the case of a rectangular package, one entire side, the area 
of which is at least the product of the height times the width of that 
side.
    (2) In the case of a cylindrical or nearly cylindrical container:
    (i) An area that is 40 percent of the product of the height of the 
container times the circumference of the container, or
    (ii) A panel, the width of which is one-third of the circumference 
and the height of which is as high as the container: Provided, however, 
That if there is immediately to the right or left of such principal 
display panel, a panel which has a width not greater than 20 percent of 
the circumference and a height as high as the container, and which is 
reserved for information prescribed in paragraphs (c) (2), (3), and (5), 
such panel shall be known as the ``20 percent panel'' and such 
information may be shown on that panel in lieu of showing it on the 
principal display panel.
    (3) In the case of a container of any other shape, 40 percent of the 
total surface of the container.
    (e) Any descriptive designation used as a product name for a product 
which has no common or usual name shall clearly and completely identify 
the product. Product which has been prepared by salting, smoking, 
drying, cooking, chopping, or otherwise shall be so described on the 
label unless the name of the product implies, or the manner of packaging 
shows that the product was subjected to such preparation. The 
unqualified terms ``meat,'' ``meat byproduct,'' ``meat food product,'' 
and terms common to the meat industry but not common to consumers such 
as ``picnic,'' ``butt,'' ``cala,'' ``square,'' ``loaf,'' ``spread,'' 
``delight,'' ``roll,'' ``plate,'' ``luncheon,'' and ``daisy'' shall not 
be used as names of a product unless accompanied with terms descriptive 
of the product or with a list of ingredients, as deemed necessary in any 
specific case by the Administrator in order to assure that the label 
will not be false or misleading.
    (f)(1) The list of ingredients shall show the common or usual names 
of the ingredients arranged in the descending order of predominance, 
except as otherwise provided in this paragraph.
    (i) The terms spice, natural flavor, natural flavoring, flavor and 
flavoring may be used in the following manner:
    (A) The term ``spice'' means any aromatic vegetable substance in the 
whole, broken, or ground form, with the exceptions of onions, garlic and 
celery, whose primary function in food is seasoning rather than 
nutritional and from which no portion of any volatile oil or other 
flavoring principle has been removed. Spices include the spices listed 
in 21 CFR 182.10, and 184.
    (B) The term ``natural flavor,'' ``natural flavoring,'' ``flavor'' 
or ``flavoring'' means the essential oil, oleoresin, essence or 
extractive, protein hydrolysate, distillate, or any product or roasting, 
heating or enzymolysis, which contains the flavoring constituents 
derived from a spice, fruit or fruit juice, vegetable or vegetable 
juice, edible yeast, herb, bark, bud, root, leaf or any other edible 
portion of a plant, meat, seafood, poultry, eggs, dairy products, or 
fermentation products thereof, whose primary function in food is 
flavoring rather than nutritional. Natural flavors include the natural 
essence or extractives obtained from plants listed in 21 CFR 182.10, 
182.20, 182.40, 182.50 and 184, and the substances listed in 21 CFR 
172.510. The term natural flavor, natural flavoring, flavor or flavoring 
may also be used to designate spices, powered onion, powdered garlic, 
and powdered celery.
    (ii) The term ``corn syrup'' may be used to designate either corn 
syrup or corn syrup solids.
    (iii) The term ``animal and vegetable fats'' or ``vegetable and 
animal fats'' may be used to designate the ingredients of mixtures of 
such edible fats in product designated ``compound'' or ``shortening.'' 
``Animal fats'' as used herein means fat derived from inspected and 
passed cattle, sheep, swine, or goats.
    (iv) When a product is coated with pork fat, gelatin, or other 
approved

[[Page 163]]

substance and a specific declaration of such coating appears contiguous 
to the name of the product, the ingredient statement need not make 
reference to the ingredients of such coating.
    (v) When two meat ingredients comprise at least 70 percent of the 
meat and meat byproduct ingredients of a formula and when neither of the 
two meat ingredients is less than 30 percent by weight of the total meat 
and meat byproducts used, such meat ingredients may be interchanged in 
the formula without a change being made in the ingredients statement on 
labeling materials: Provided, That the word ``and'' in lieu of a comma 
shall be shown between the declaration of such meat ingredients in the 
statement of ingredients.
    (vi)(A) Product ingredients which are present in individual amounts 
of 2 percent or less by weight may be listed in the ingredients 
statement in other than descending order of predominance: Provided, That 
such ingredients are listed by their common or usual names at the end of 
the ingredients statement and preceded by a quantifying statement, such 
as ``Contains ---------- percent of ---------- ,'' ``Less than --------
--[chyph]percent of ---------- .'' The percentage of the ingredient(s) 
shall be filled in with a threshold level of 2 percent, 1.5 percent, 1.0 
percent, or 0.5 percent, as appropriate. No ingredient to which the 
quantifying statement applies may be present in an amount greater than 
the stated threshold. Such a quantifying statement may also be utilized 
when an ingredients statement contains a listing of ingredients by 
individual components. Each component listing may utilize the required 
quantifying statement at the end of each component ingredients listing.
    (B) Such ingredients may be adjusted in the product formulation 
without a change being made in the ingredients statement on the 
labeling, provided that the adjusted amount complies with Sec. 
318.7(c)(4) and part 319 of this subchapter, and does not exceed the 
amount shown in the quantifying statement. Any such adjustments to the 
formulation shall be provided to the inspector-in-charge.
    (2) On containers of frozen dinners, entrees, pizzas, and similar 
consumer packaged products in cartons the ingredient statement may be 
placed on the front riser panel: Provided, That the words ``see 
ingredients'' followed immediately by an arrow is placed on the 
principal display panel immediately above the location of such statement 
without intervening print or designs.
    (3) The ingredient statement may be placed on the 20 percent panel 
adjacent to the principal display panel and reserved for required 
information, in the case of a cylindrical or nearly cylindrical 
container.
    (4) The ingredients statement may be placed on the information 
panel, except as otherwise permitted in this subchapter.
    (g)(1) The name or trade name of the person that prepared the 
product may appear as the name of the manufacturer or packer without 
qualification on the label. Otherwise the name of the distributor of the 
product shall be shown with a phrase such as ``Prepared for * * *''. The 
place of business of the manufacturer, packer, or distributor shall be 
shown on the label by city, State, and postal ZIP code when such 
business is listed in a telephone or city directory, and if not listed 
in such directory, then the place of business shall be shown by street 
address, city, State, and postal ZIP code.
    (2) The name and place of business of the manufacturer, packer, or 
distributor may be shown:
    (i) On the principal display panel, or
    (ii) On the 20 percent panel adjacent to the principal display panel 
and reserved for required information, in the case of a cylindrical or 
nearly cylindrical container, or
    (iii) On the front riser panel of frozen food cartons, or
    (iv) On the information panel.
    (h)(1) The statement of net quantity of contents shall appear on the 
principal display panel of all containers to be sold at retail intact, 
in conspicuous and easily legible boldface print or type in distinct 
contrast to other matter on the container, and shall be declared in 
accordance with the provisions of this paragraph.

[[Page 164]]

    (2) The statement as it is shown on a label shall not be false or 
misleading and shall express an accurate statement of the quantity of 
contents of the container. Reasonable variations caused by loss or gain 
of moisture during the course of good distribution practices or by 
unavoidable deviations in good manufacturing practices will be 
recognized. Variations from stated quantity of contents shall be as 
provided in Sec. 317.19. The statement shall not include any term 
qualifying a unit of weight, measure, or count such as ``jumbo quart,'' 
``full gallon,'' ``giant quart,'' ``when packed,'' ``minimum,'' or words 
of similar importance.
    (3) The statement shall be placed on the principal display panel 
within the bottom 30 percent of the area of the panel in lines generally 
parallel to the base: Provided, That on packages having a principal 
display panel of 5 square inches or less, the requirement for placement 
within the bottom 30 percent of the area of the label panel shall not 
apply when the statement meets the other requirements of this paragraph 
(h). In any case, the statement may appear in more than one line. The 
terms ``net weight'' or ``net wt.'' shall be used when stating the net 
quantity of contents in terms of weight, and the term ``net contents'' 
or ``content'' when stating the net quantity of contents in terms of 
fluid measure.
    (4) Except as provided in Sec. 317.7, the statement shall be 
expressed in terms of avoirdupois weight or liquid measure. Where no 
general consumer usage to the contrary exists, the statement shall be in 
terms of liquid measure, if the product is liquid, or in terms of weight 
if the product is solid, semi[chyph]solid viscous or a mixture of solid 
and liquid. For example, a declaration of \3/4\-pound avoirdupois weight 
shall be expressed as ``Net Wt. 12 oz.'' except as provided for in 
paragraph (h)(5) of this section for random weight packages; a 
declaration of 1\1/2\ pounds avoirdupois weight shall be expressed as 
``Net Wt. 24 oz. (1 lb. 8 oz.),'' ``Net Wt. 24 oz. (1\1/2\ lb.),'' or 
``Net Wt. 24 oz. (1.5 lbs.).''
    (5) On packages containing 1 pound or 1 pint and less than 4 pounds 
or 1 gallon, the statement shall be expressed as a dual declaration both 
in ounces and (immediately thereafter in parentheses) in pounds, with 
any remainder in terms of ounces or common or decimal fraction of the 
pound, or in the case of liquid measure, in the largest whole units with 
any remainder in terms of fluid ounces or common or decimal fractions of 
the pint or quart, except that on random weight packages the statement 
shall be expressed in terms of pounds and decimal fractions of the 
pound, for packages over 1 pound, and for packages which do not exceed 1 
pound the statement may be in decimal fractions of the pound in lieu of 
ounces. Paragraph (h)(9) of this section permits certain exceptions from 
the provisions of this paragraph for margarine packages, random weight 
consumer size packages, and packages of less than \1/2\ ounce net 
weight. Pargraph (h)(12) of this section permits certain exceptions from 
the provision of this paragraph for multi-unit packages.
    (6) The statement shall be in letters and numerals in type size 
established in relationship to the area of the principal display panel 
of the package and shall be uniform of all packages of substantially the 
same size by complying with the following type specifications:
    (i) Not less than one-sixteenth inch in height on packages, the 
principal display panel of which has an area of 5 square inches or less;
    (ii) Not less than one-eighth inch in height on packages, the 
principal display panel of which has an area of more than 5 but not more 
than 25 square inches;
    (iii) Not less than three-sixteenths inch in height on packages, the 
principal display panel of which has an area of more than 25 but not 
more than 100 square inches;
    (iv) Not less than one-quarter inch in height on packages, the 
principal display panel of which has an area of more than 100 but not 
more than 400 square inches.
    (v) Not less than one-half inch in height on packages, the principal 
display panel of which has an area of more than 400 square inches.
    (7) The ratio of height to width of letters and numerals shall not 
exceed a differential of 3 units to 1 unit (no more than 3 times as high 
as it is wide). Heights pertain to upper case or

[[Page 165]]

capital letters. When upper and lower case or all lower case letters are 
used, it is the lower case letter ``o'' or its equivalent that shall 
meet the minimum standards. When fractions are used, each component 
numeral shall meet one-half the height standards.
    (8) The statement shall appear as a distinct item on the principal 
display panel and shall be separated by a space at least equal to the 
height of the lettering used in the statement from other printed label 
information appearing above or below the statement and by a space at 
least equal to twice the width of the letter ``N'' of the style of type 
used in the quantity of contents statement from other printed label 
information appearing to the left or right of the statement. It shall 
not include any term qualifying a unit of weight, measure, or count such 
as, ``jumbo quart,'' ``full gallon,'' ``giant quart,'' ``when packed,'' 
``Minimum'' or words of similar import.
    (9) The following exemptions from the requirements contained in this 
paragraph (h) are hereby established:
    (i) Individually wrapped, random weight consumer size packages 
shipped in bulk containers (as specified in paragraph (h)(11) of this 
section) and meat products that are subject to shrinkage through 
moisture loss during good distribution practices and are designated as 
gray area type of products as defined under Sec. 317.19 need not bear a 
net weight statement when shipped from an official establishment, 
provided that a net weight shipping statement which meets the 
requirements of paragraph (h)(2) of this section is applied to their 
shipping container prior to shipping it from the official establishment. 
Net weight statements so applied to the shipping container are exempt 
from the type size, dual declaration, and placement requirements of this 
paragraph, if an accurate statement of net weight is shown conspicuously 
on the principal display panel of the shipping container. The net weight 
also shall be applied directly to random weight consumer size packages 
prior to retail display and sale. The net weight statement on random 
weight consumer size packages for retail sale shall be exempt from the 
type size, dual declaration, and placement requirements of this 
paragraph, if an accurate statement of net weight is shown conspicuously 
on the principal display panel of the package.
    (ii) Individually wrapped and labeled packages of less than \1/2\ 
ounce net weight and random weight consumer size packages shall be 
exempt from the requirements of this paragraph if they are in a shipping 
container and the statement of net quantity of contents on the shipping 
container meets the requirements of paragraph (h)(2) of this section;
    (iii) Individually wrapped and labeled packages of less than \1/2\ 
ounce net weight bearing labels declaring net weight, price per pound, 
and total price, shall be exempt from the type size, dual declaration, 
and placement requirements of this paragraph, if an accurate statement 
of net weight is shown conspicuously on the principal display panel of 
the package.
    (iv) Margarine in 1 pound rectangular packages (except packages 
containing whipped or soft margarine or packages that contain more than 
four sticks) is exempt from the requirements of paragraphs (h) (3) and 
(5) of this section regarding the placement of the statement of the net 
quantity of contents within the bottom 30 percent of the principal 
display panel and that the statement be expressed both in ounces and in 
pounds, if the statement appears as ``1 pound'' or ``one pound'' in a 
conspicuous manner on the principal display panel.
    (v) Sliced shingle packed bacon in rectangular packages is exempt 
from the requirements of paragraphs (h)(3) and (h)(5) of this section 
regarding the placement of the statement of the net quantity of contents 
within the bottom 30 percent of the principal display panel, and that 
the statement be expressed both in ounces and in pounds, if the 
statement appears in a conspicuous manner on the principal display 
panel.
    (10) Labels for containers which bear any representation as to the 
number of servings contained therein shall bear, contiguous to such 
representation, and in the same size type as is used for such 
representation, a statement of the net quantity of each such serving.
    (11) As used in this section, a ``random weight consumer size 
package'' is

[[Page 166]]

one which is one of a lot, shipment or delivery of packages of the same 
product with varying weights and with no fixed weight pattern.
    (12) On a multiunit retail package, a statement of the net quantity 
of contents shall appear on the outside of the package and shall include 
the number of individual units, the quantity of each individual unit, 
and in parentheses, the total net quantity of contents of the multiunit 
package in terms of avoirdupois or fluid ounces, except that such 
declaration of total quantity need not be followed by an additional 
parenthetical declaration in terms of the largest whole units and 
subdivisions thereof, as required by paragraph (h)(5) of this section. 
For the purposes of this section, ``multi[chyph]unit retail package'' 
means a package containing two or more individually packaged units of 
the identical commodity and in the same quantity, with the individual 
packages intended to be sold as part of the multiunit retail package but 
capable of being individually sold in full compliance with all 
requirements of the regulations in this part. Open multiunit retail 
packages that do not obscure the number of units and the labeling 
thereon are not subject to this paragraph if the labeling of each 
individual unit complies with the requirements of paragraphs (h) (2), 
(3), (6), and (8) of this section.
    (i) The official establishment number of the official establishment 
in which the product was processed under inspection shall be placed as 
follows:
    (1) Within the official inspection legend in the form required by 
part 312 of this subchapter; or
    (2) Outside the official inspection legend elsewhere on the exterior 
of the container or its labeling, e.g., the lid of a can, if shown in a 
prominent and legible manner in a size sufficient to insure easy 
visibility and recognition and accompanied by the prefix ``EST''; or
    (3) Off the exterior of the container, e.g., on a metal clip used to 
close casings or bags, or on the back of a paper label of a canned 
product, or on other packaging or labeling material in the container, 
e.g., on aluminum pans and trays placed within containers, when a 
statement of its location is printed contiguous to the official 
inspection legend, such as ``EST. No. on Metal Clip'' or ``Est. No. on 
Pan'', if shown in a prominent and legible manner in a size sufficient 
to insure easy visibility and recognition; or
    (4) On an insert label placed under a transparent covering if 
clearly visible and legible and accompanied by the prefix ``EST''.
    (j) Labels of any product within any of the following paragraphs 
shall show the information required by such paragraph for such product:
    (1) A label for product which is an imitation of another food shall 
bear the word ``imitation'' immediately preceding the name of the food 
imitated and in the same size and style of lettering as in that name and 
immediately thereafter the word ``ingredients:'' and the names of the 
ingredients arranged in the order of their predominance.
    (2) If a product purports to be or is represented for any special 
dietary use by man, its label shall bear a statement concerning its 
vitamin, mineral, and other dietary properties upon which the claim for 
such use is based in whole or in part and shall be in conformity with 
regulations (21 CFR part 125) established pursuant to sections 403, and 
701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343, 371).
    (3) When an artificial smoke flavoring or an smoke flavoring is 
added as an ingredient in the formula of a meat food product, as 
permitted in part 318 of this subchapter, there shall appear on the 
label, in prominent letters and contiguous to the name of the product, a 
statement such as ``Artificial Smoke Flavoring Added'' or ``Smoke 
Flavoring Added,'' as may be applicable, and the ingredient statement 
shall identify any artificial smoke flavoring or smoke flavoring so 
added as an ingredient in the formula of the meat food product.
    (4) When any other artificial flavoring is permitted under part 318 
of this subchapter to be added to a product, the ingredient statement 
shall identify it as ``Artificial Flavoring.''
    (5) When artificial coloring is added to edible fats as permitted 
under part 318 of this subchapter such substance shall be declared on 
the label in a prominent manner and contiguous to

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the name of the product by the words ``Artificially colored'' or 
``Artificial coloring added'' or ``With added artificial coloring.'' 
When natural coloring such as annatto is added to edible fats as 
permitted under part 318 of this subchapter, such substance shall be 
declared on the label in the same manner by a phrase such as ``Colored 
with annatto.''
    (6) When product is placed in a casing to which artificial coloring 
is applied as permitted under part 318 of this subchapter, there shall 
appear on the label, in a prominent manner and contiguous to the name of 
the product, the words, ``Artificially colored.''
    (7) If a casing is removed from product at an official establishment 
and there is evidence of artificial coloring on the surface of the 
product, there shall appear on the label, in a prominent manner and 
contiguous to the name of product, the words ``Artificially colored.''
    (8) When a casing is colored prior to its use as a covering for 
product and the color is not transferred to the product enclosed in the 
casing, no reference to color need appear on the label but no such 
casing may be used if it is misleading or deceptive with respect to 
color, quality, or kind of product, or otherwise.
    (9) Product which bears or contains any other artificial coloring, 
as permitted under part 318 of this subchapter, shall bear a label 
stating that fact on the immediate container or if there is none, on the 
product.
    (10) When an antioxidant is added to product as permitted under part 
318 of this subchapter, there shall appear on the label in prominent 
letters and contiguous to the name of the product, a statement 
identifying the officially approved specific antioxidant by its common 
name or abbreviation thereof and the purpose for which it is added, such 
as, ``BHA, BHT, and Propylgallate added to help protect flavor.''
    (11) Containers of meat packed in borax or other preservative for 
export to a foreign country which permits the use of such preservative 
shall, at the time of packing, be marked ``for export,'' followed on the 
next line by the words ``packed in preservative,'' or such equivalent 
statement as may be approved for this purpose by the Administrator and 
directly beneath this there shall appear the word ``establishment'' or 
abbreviation thereof, followed by the number of the establishment at 
which the product is packed. The complete statement shall be applied in 
a conspicuous location and in letters not less than 1 inch in height.
    (12) Containers of other product packed in, bearing, or containing 
any chemical preservative shall bear a label stating that fact.
    (13)(i) On the label of any ``Mechanically Separated (Species)'' 
described in Sec. 319.5(a) of this subchapter, the name of such product 
shall be followed immediately by the phrase ``for processing'' unless 
such product has a protein content of not less than 14 percent and a fat 
content of not more than 30 percent.
    (ii) When any ``Mechanically Separated (Species)'' described in 
Sec. 319.5 of this subchapter is used as an ingredient in the 
preparation of a meat food product and such ``Mechanically Separated 
(Species)'' contributes 20 mg or more of calcium to a serving of such 
meat food product, the label of such meat food product shall state the 
calcium content of such meat food product, determined and expressed as 
the percentage of the U.S. Recommended Daily Allowance (U.S. RDA) in a 
serving in accordance with 21 CFR 101.9(b)(1), (c)(7) (i) and (iv), and 
(e), as part of any nutrition information included on such label, or if 
such meat food product does not bear nutrition labeling information, as 
part of a prominent statement in immediate conjunction with the list of 
ingredients, as follows: ``A ------ serving contains ----% of the U.S. 
RDA of calcium'', with the blanks to be filled in, respectively, with 
the quantity of such product that constitutes a serving and the amount 
of calcium provided by such serving: Provided, That, calcium content 
need not be stated where (a) the percent of the U.S. RDA of calcium to 
be declared would not differ from the percent of the U.S. RDA that would 
be declared if the meat food product contained only hand deboned 
ingredients or (b) the calcium content of a serving of the meat food 
product would be 20 percent of the U.S. RDA or more

[[Page 168]]

if the meat food product contained only hand deboned ingredients.
    (k) Packaged products which require special handling to maintain 
their wholesome condition shall have prominently displayed on the 
principal display panel of the label the statement: ``Keep 
Refrigerated,'' ``Keep Frozen,'' ``Perishable Keep Under 
Refrigeration,'' or such similar statement as the Administrator may 
approve in specific cases. Products that are distributed frozen during 
distribution and thawed prior to or during display for sale at retail 
shall bear the statement on the shipping container: ``Keep Frozen.'' The 
consumer-size containers for such products shall bear the statement 
``Previously Handled Frozen for Your Protection, Refreeze or Keep 
Refrigerated.'' For all perishable canned products the statement shall 
be shown in upper case letters one-fourth inch in height for containers 
having a net weight of 3 pounds or less, and for containers having a net 
weight over 3 pounds, the statement shall be in upper case letters at 
least one-half inch in height.
    (l) Safe handling instructions shall be provided for: All meat and 
meat products of cattle, swine, sheep, goat, horse, other equine that do 
not meet the requirements contained in Sec. 318.17, or that have not 
undergone other processing that would render them ready-to-eat; and all 
comminuted meat patties not heat processed in a manner that conforms to 
the time and temperature combinations in the Table for Permitted Heat-
Processing Temperature/Time Combinations For Fully-Cooked Patties in 
Sec. 318.23, except as exempted under paragraph (l)(4) of this section.
    (1)(i) Safe handling instructions shall accompany every meat or meat 
product, specified in this paragraph (l) destined for household 
consumers, hotels, restaurants, or similar institutions and shall appear 
on the label. The information shall be in lettering no smaller than one-
sixteenth of an inch in size and shall be prominently placed with such 
conspicuousness (as compared with other words, statements, designs or 
devices in the labeling) as to render it likely to be read and 
understood by the ordinary individual under customary conditions of 
purchase and use.
    (ii) The safe handling information shall be presented on the label 
under the heading ``Safe Handling Instructions'' which shall be set in 
type size larger than the print size of the rationale statement and 
handling statements as discussed in paragraphs (l)(2) and (l)(3) of this 
section. The safe handling information shall be set off by a border and 
shall be one color type printed on a single color contrasting background 
whenever practical.
    (2) The labels of the meat and meat products specified in this 
paragraph (l) shall include the following rationale statement as part of 
the safe handling instructions, ``This product was prepared from 
inspected and passed meat and/or poultry. Some food products may contain 
bacteria that could cause illness if the product is mishandled or cooked 
improperly. For your protection, follow these safe handling 
instructions.'' This statement shall be placed immediately after the 
heading and before the safe handling statements.
    (3) Meat and meat products, specified in this paragraph (l), shall 
bear the labeling statements:
    (i) Keep refrigerated or frozen. Thaw in refrigerator or microwave. 
(Any portion of this statement that is in conflict with the product's 
specific handling instructions, may be omitted, e.g., instructions to 
cook without thawing.) (A graphic illustration of a refrigerator shall 
be displayed next to the statement.);
    (ii) Keep raw meat and poultry separate from other foods. Wash 
working surfaces (including cutting boards), utensils, and hands after 
touching raw meat or poultry. (A graphic illustration of soapy hands 
under a faucet shall be displayed next to the statement.);
    (iii) Cook thoroughly. (A graphic illustration of a skillet shall be 
displayed next to the statement.); and
    (iv) Keep hot foods hot. Refrigerate leftovers immediately or 
discard. (A graphic illustration of a thermometer shall be displayed 
next to the statement.)

[[Page 169]]

    (4) Meat or meat products intended for further processing at another 
official establishment are exempt from the requirements prescribed in 
paragraphs (l)(1) through (l)(3) of this section.
    (m)(1) The information panel is that part of a label that is the 
first surface to the right of the principal display panel as observed by 
an individual facing the principal display panel, with the following 
exceptions:
    (i) If the first surface to the right of the principal display panel 
is too small to accommodate the required information or is otherwise 
unusable label space, e.g., folded flaps, tear strips, opening flaps, 
heat-sealed flaps, the next panel to the right of this part of the label 
may be used.
    (ii) If the package has one or more alternate principal display 
panels, the information panel is to the right of any principal display 
panel.
    (iii) If the top of the container is the principal display panel and 
the package has no alternate principal display panel, the information 
panel is any panel adjacent to the principal display panel.
    (2) (i) Except as otherwise permitted in this part, all information 
required to appear on the principal display panel or permitted to appear 
on the information panel shall appear on the same panel unless there is 
insufficient space. In determining the sufficiency of the available 
space, except as otherwise prescribed in this part, any vignettes, 
designs, and any other nonmandatory information shall not be considered. 
If there is insufficient space for all required information to appear on 
a single panel, it may be divided between the principal display panel 
and the information panel, provided that the information required by any 
given provision of this part, such as the ingredients statement, is not 
divided and appears on the same panel.
    (ii) All information appearing on the information panel pursuant to 
this section shall appear in one place without intervening material, 
such as designs or vignettes.

[35 FR 15580, Oct. 3, 1970]

    Editorial Note: For Federal Register citations affecting Sec. 
317.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.