[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: 9CFR381.193]

[Page 525-526]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 381_POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
 
  Subpart S_Transportation; Exportation; or Sale of Poultry or Poultry 
                                Products
 
Sec. 381.193  Poultry carcasses, etc., not intended for human food.

    (a) Except as provided in paragraph (b) of this section, poultry 
carcasses, and parts and products thereof, that are not intended for use 
as human food may, after they have been denatured as prescribed in Sec. 
381.95, be bought, sold, transported, offered for sale or 
transportation, or received for transportation, in commerce, or 
imported, even though they do not comply with all the provisions of the 
regulations, provided they are marked ``Not fit for human food.'' These 
requirements do not apply to parts of poultry carcasses that are 
naturally inedible by humans, such as entrails.
    (b)(1) Except as provided in paragraphs (b) (2), (3), and (4) of 
this section, no animal food processed, in whole or in part, from 
materials derived from the carcasses of poultry in an official 
establishment or elsewhere,

[[Page 526]]

shall be bought, sold, transported, offered for sale or transportation, 
or received for transportation in commerce, or imported, unless:
    (i) It is properly identified as animal food;
    (ii) It is not represented as being a human food; and
    (iii) It has been denatured as prescribed in Sec. 381.95 so as to 
be readily distinguishable from an article of human food.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, an animal food that consists of less than 5 percent of parts or 
products of the carcasses of poultry and that is not represented by 
labeling or appearance or otherwise as being a human food or as a 
product of the poultry industry need not be denatured in accordance with 
Sec. 381.95.
    (3) Notwithstanding the provisions of paragraph (b)(1) of this 
section, animal food packed in hermetically sealed, retort processed, 
conventional retail-size containers, and retail-size packages of semi-
moist animal food need not be denatured in accordance with Sec. 381.95 
if the name of the article clearly conveys the article's intended use 
for animal food and appears on the label in a conspicuous manner.
    (i) Except as provided in paragraph (ii) of paragraph (b)(3) of this 
section, the name of the article must be stated on the label as ``Animal 
Food,'' ``Pet Food,'' or ``(name of species) Food'' (e.g., ``Dog Food'' 
or ``Cat Food''). To be considered conspicuous, the name of the article, 
wherever it appears on the label, must be stated in letters at least 
twice as high, wide, and thick as the letters indicating the presence in 
the article of any ingredients derived from carcasses of poultry.
    (ii) Notwithstanding the provisions of paragraph (i) of paragraph 
(b)(3) of this section, the article's name may be stated on the label to 
show that it is or contains poultry carcass-source material and that the 
article is for animals; e.g., ``Chicken for Pets'' or ``Turkey Dinner 
for Cats'': Provided, That the entire name of the article is stated, 
wherever it appears on the label, as an individual, contiguous unit, 
whether stated on a single line or more than one line, and the letters 
denoting the article's intended use for animal food are at least as 
high, wide, and thick as the letters indicating the presence of material 
derived from any poultry carcass. However, when the label bears on its 
principal display panel a vignette which pictures, in clearly 
recognizable form and size, one or more animals of the species for which 
the article's name indicates the article is intended, the letters used 
to state the article's intended use shall be at least one-half as high, 
wide, and thick as the letters used in the article's name or other 
letters indicating the presence of material derived from any poultry 
carcass, but shall not be less than \1/8\ inch high. The letters used to 
state the article's intended use may be separated from the article's 
name by the vignette.
    (iii) Letters used to denote the intended use of the article must 
contrast as markedly with their background as the letters indicating the 
presence in the article of poultry carcass-source material contrast with 
their background.
    (4) The requirements of this part do not apply to livestock or 
poultry feed manufactured from processed poultry byproducts (such as 
poultry byproduct meal, hydrolyzed poultry feathers, and hydrolyzed 
poultry byproducts aggregate), or to processed dry animal food.

[49 FR 47479, Dec. 5, 1984]