[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.118]

[Page 475-476]
 
                  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 N_Labeling and Containers
 
Sec. 381.118  Ingredients statement.

    (a)(1) The label shall show a statement of the ingredients in the 
poultry product if the product is fabricated from two or more 
ingredients. Such ingredients shall be listed by their common or usual 
names in the order of their descending proportions, except as prescribed 
in paragraph (a)(2) of this section.
    (2)(i) 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 or less of ---------- ,'' or ``Less 
than ---------- 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.
    (ii) 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. 
381.147(f)(4) and subpart P of this part, 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.
    (b) For the purpose of this paragraph, the term ``chicken meat,'' 
unless modified by an appropriate adjective, is construed to mean 
deboned white and dark meat; whereas the term ``chicken'' may

[[Page 476]]

include other edible parts such as skin and fat not in excess of their 
natural proportions, in addition to the chicken meat. If the term 
``chicken meat'' is listed and the product also contains skin, giblets, 
or fat, it is necessary to list each such ingredient. Similar principles 
shall be followed in listing ingredients of poultry products processed 
from other kinds of poultry.
    (c) The terms spice, natural flavor, natural flavoring, flavor or 
flavoring may be used in the following manner:
    (1) 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.
    (2) The term ``natural flavor,'' ``natural flavoring,'' ``flavor'' 
or ``flavoring'' means the essential oil, oleoresin, essence or 
extractive, protein hydrolysate, distillate, or any product of 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 
portions 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, powdered onion, powdered garlic, 
and powdered celery.
    (i) Natural flavor, natural flavoring, flavor or flavoring as 
described in paragraph (c)(1) and (2) of this section, which are also 
colors shall be designated as ``natural flavor and coloring,'' ``natural 
flavoring and coloring,'' ``flavor and coloring'' or ``flavoring and 
coloring'' unless designated by their common or usual name.
    (ii) Any ingredient not designated in paragraphs (c) (1) and (2) of 
this section whose function is flavoring, either in whole or in part, 
must be designated by its common or usual name. Those ingredients which 
are of livestock or poultry origin must be designated by names that 
include the species and livestock and poultry tissues from which the 
ingredients are derived.
    (d) On containers of frozen dinners, entrees, and pizzas, and 
similarly 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 pointing to the front 
riser panel, are placed on the principal display panel immediately above 
the location of such statement, without intervening printing or designs.
    (e) The ingredients statement may be placed on the information 
panel, except as otherwise permitted in this subchapter.
    (f) Establishments may interchange the identity of two kinds of 
poultry (e.g., chicken and turkey, chicken meat and turkey meat) used in 
a product formulation without changing the product's ingredient 
statement or product name under the following conditions:
    (1)(i) The two kinds of poultry used must comprise at least 70 
percent by weight of the poultry and the poultry ingredients [e.g. 
giblets, skin or fat in excess of natural proportions, or mechanically 
separated (kind)] used; and,
    (ii) Neither of the two kinds of poultry used can be less than 30 
percent by weight of the total poultry and poultry ingredients used;
    (2) The word ``and'' in lieu of a comma must be shown between the 
declaration of the two kinds of poultry in the ingredients statement and 
in the product name.

[37 FR 9706, May 16, 1972, as amended at 55 FR 7294, Mar. 1, 1990; 55 FR 
26422, June 28, 1990; 58 FR 38049, July 15, 1993; 59 FR 40215, Aug. 8, 
1994; 63 FR 11360, Mar. 9, 1998]