Or. Admin. Code § 603-029-1004

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-029-1004 - Labels: Definition; Required Features

(1) A label within the meaning of OAR 603-029-1000 to 603-029-1058 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.

(2) Any word, statement, or other information required by OAR 603-029-0900 to 603-029-0970 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 OAR 603-029-1000 to 603-029-1058. All words, statements, and other information required to appear on the label or labeling shall appear thereon in the English language.

(3) Labels of all products shall show the following information on the principal display panel (except as otherwise permitted in OAR 603-029-0900 to 603-029-0970), in accordance with the requirements of OAR 603-029-0900 to 603-029-0970 or, if applicable, OAR 603-029-1200 to 603-029-1299:

(a) 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 OAR 603-029-1200 to 603-029-1299, 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 section (5) of this rule;

(b) If the product is fabricated from two or more ingredients, the word "ingredients" followed by a list of the ingredients as prescribed in section (6) of this rule;

(c) The name and place of business of the manufacturer, packer, or distributor for whom the product is prepared, as prescribed in section (7) of this rule;

(d) An accurate statement of the net quantity of contents, as prescribed in section (8) of this rule;

(e) An Oregon inspection legend and, except as otherwise provided in section (9) of this rule, the number of the state-inspected establishment, in the form required by OAR 603-029-0600 to 603-029-0625;

(f) Any other information required by these Division 29 rules.

(4) 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 OAR 603-029-1000 to 603-029-1058 and OAR 603-029-1200 to 603-029-1299 with clarity and conspicuousness and without obscuring of such information by 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:

(a) 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.

(b) In the case of a cylindrical or nearly cylindrical container:

(A) An area that is 40 percent of the product of the height of the container times the circumference of the container, or

(B) 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 subsections (3) (b), (c), and (e), 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.

(c) In the case of a container of any other shape, 40 percent of the total surface of the container.

(5)

(a) 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 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 Department in order to assure that the label will not be false or misleading.

(b) The product name for a raw meat product that contains added solution and does not meet a standard of identity in OAR 603-029-1200 to 603-029-1299 must contain a descriptive designation that includes:

(A) The percentage of added solution (total weight of the solution ingredients divided by the weight of the raw meat without solution or any other added ingredients multiplied by 100). The percentage of added solution must appear as a number (such as, 15, 20, 30) and the percent symbol (%). The percentage of added solution may be declared by the words "containing" or "contains" (such as, "contains 15% added solution of water and salt," or "containing 15% added solution of water and teriyaki sauce").

(B) The common or usual name of all individual ingredients or multi-ingredient components in the solution listed in descending order of predominance by weight.

(C) When the descriptive designation includes all ingredients in the solution, a separate ingredients statement is not required on the label. When the descriptive designation includes multi-ingredient components and the ingredients of the component are not declared in the descriptive designation, all ingredients in the product must be declared in a separate ingredients statement on the label as required in OAR 603-029-1004(3)(b) and (6).

(D) The product name and the descriptive designation must be printed in a single easy-to-read type style and color and must appear on a single-color contrasting background. The print may appear in upper and lower case letters, with the lower case letters not smaller than one-third ( 1/3) the size of the largest letter.

(E) The word "enhanced" cannot be used in the product name.

(c) Product name and required validated cooking instructions for needle- or blade-tenderized beef products.

(A) Unless the product is destined to be fully cooked or to receive another full lethality treatment at an state-inspected establishment, the product name for a raw or partially cooked beef product that has been mechanically tenderized, whether by needle or by blade, must contain the term "mechanically tenderized," "needle tenderized," or "blade tenderized," as a descriptive designation and an accurate description of the beef component.

(B) The product name must appear in a single easy-to-read type style and color and on a single-color contrasting background. The print may appear in upper and lower case letters, with the lower case letters not smaller than 1/3 the size of the largest letter.

(C) The labels on raw or partially cooked needle- or blade-tenderized beef products destined for household consumers, hotels, restaurants, or similar institutions must contain validated cooking instructions, including the cooking method, that inform consumers that these products need to be cooked to a specified minimum internal temperature, whether the product needs to be held for a specified time at that temperature or higher before consumption to ensure that potential pathogens are destroyed throughout the product, and a statement that the internal temperature should be measured by a thermometer. These validated cooking instructions may appear anywhere on the label.

(6)

(a) 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 subsection.

(A) The terms spice, natural flavor, natural flavoring, flavor and flavoring may be used in the following manner:

(i) 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.

(ii) 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.

(B) The term "corn syrup" may be used to designate either corn syrup or corn syrup solids.

(C) 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.

(D) When a product is coated with pork fat, gelatin, or other approved 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.

(E) 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.

(F)

(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 of _____ ," "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 OAR 603-029-1200 to 603-029-1299 and with OAR 603-029-2405, and does not exceed the amount shown in the quantifying statement. Any such adjustments to the formulation shall be provided to the Supervisor.

(b) 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.

(c) 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.

(d) The ingredients statement may be placed on the information panel, except as otherwise permitted in this Division 29.

(7)

(a) 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.

(b) The name and place of business of the manufacturer, packer, or distributor may be shown:

(A) On the principal display panel, or

(B) 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

(C) On the front riser panel of frozen food cartons, or

(D) On the information panel.

(8)

(a) 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 subsection.

(b) 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. 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.

(c) 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 section (8). 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.

(d) 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, semisolid 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 section (8)(e) of this rule for random weight packages; a declaration of 11/2 pounds avoirdupois weight shall be expressed as "Net Wt. 24 oz. (1 lb. 8 oz.)," "Net Wt. 24 oz. (11/2 lb.)," or "Net Wt. 24 oz. (1.5 lbs.)."

(e) 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. Subsection (8)(i) of this rule permits certain exceptions from the provisions of this section for margarine packages, random weight consumer size packages, and packages of less than 1/2 ounce net weight. Subsection (8)(l) of this rule permits certain exceptions from the provision of this section for multi-unit packages.

(f) 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:

(A) 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;

(B) 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;

(C) 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;

(D) 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.

(E) 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.

(g) 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 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.

(h) 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.

(i) The following exemptions from the requirements contained in this section (8) are hereby established:

(A) Individually wrapped, random weight consumer size packages shipped in bulk containers (as specified in subsection (8)(k) of this rule) and meat products that are subject to shrinkage through moisture loss during good distribution practices need not bear a net weight statement when shipped from a state-inspected establishment, provided that a net weight shipping statement which meets the requirements of subsection (8)(b) of this rule is applied to their shipping container prior to shipping it from the state-inspected establishment. Net weight statements so applied to the shipping container are exempt from the type size, dual declaration, and placement requirements of this section, 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 section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(B) 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 section if they are in a shipping container and the statement of net quantity of contents on the shipping container meets the requirements of subsection (8)(b) of this rule;

(C) 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 section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(D) 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 subsections (8)(c) and (e) of this rule 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.

(E) Sliced shingle packed bacon in rectangular packages is exempt from the requirements of subsections (8)(c) and (8)(e) of this rule 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.

(j) 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.

(k) As used in this rule, a "random weight consumer size package" is 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.

(l) 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 subsection (8)(e) of this rule. For the purposes of this rule, "multiunit 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 these Division 29 rules. Open multiunit retail packages that do not obscure the number of units and the labeling thereon are not subject to this section if the labeling of each individual unit complies with the requirements of subsections (8) (b), (c), (f), and (h) of this rule.

(9) The State-inspected establishment number of the state-inspected establishment in which the product was processed under inspection shall be placed as follows:

(a) Within the Oregon inspection legend in the form required by OAR 603-029-0600 to 603-029-0625; or

(b) Outside the Oregon 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

(c) 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 Oregon 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

(d) On an insert label placed under a transparent covering if clearly visible and legible and accompanied by the prefix "EST".

(10) Labels of any product within any of the following subsections shall show the information required by such subsection for such product:

(a) 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.

(b) If a product purports to be or is represented for any special dietary use by humans, 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).

(c) When an artificial smoke flavoring or a smoke flavoring is added as an ingredient in the formula of a meat product, as permitted in OAR 603-029-1100 to 603-029-1190, 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 product.

(d) When any other artificial flavoring is permitted under OAR 603-029-1100 to 603-029-1190 to be added to a product, the ingredient statement shall identify it as "Artificial Flavoring."

(e) When artificial coloring is added to edible fats as permitted under OAR 603-029-1100 to 603-029-1190 such substance shall be declared on the label in a prominent manner and contiguous to 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 OAR 603-029-1100 to 603-029-1190, such substance shall be declared on the label in the same manner by a phrase such as "Colored with annatto."

(f) When product is placed in a casing to which artificial coloring is applied as permitted under OAR 603-029-1100 to 603-029-1190, there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words, "Artificially colored."

(g) If a casing is removed from product at an state-inspected 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."

(h) 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.

(i) Product which bears or contains any other artificial coloring, as permitted under OAR 603-029-1100 to 603-029-1190, shall bear a label stating that fact on the immediate container or if there is none, on the product.

(j) When an antioxidant is added to product as permitted under OAR 603-029-1100 to 603-029-1190, 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."

(k) 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.

(l) Containers of other product packed in, bearing, or containing any chemical preservative shall bear a label stating that fact.

(m)

(A) On the label of any "Mechanically Separated (Species)" described in OAR 603-029-1204(1), 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.

(B) When any "Mechanically Separated (Species)" described in OAR 603-029-1204 is used as an ingredient in the preparation of a meat product and such "Mechanically Separated (Species)" contributes 20 mg or more of calcium to a serving of such meat product, the label of such meat product shall state the calcium content of such meat 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 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 product contained only hand deboned ingredients or (b) the calcium content of a serving of the meat product would be 20 percent of the U.S. RDA or more if the meat product contained only hand deboned ingredients.

(11) 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.

(12) Safe handling instructions shall be provided for: All meat and meat products of cattle, swine, sheep, or goat that do not meet the requirements contained in OAR 603-029-1160, 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 OAR 603-029-1185, except as exempted under subsection (12)(d) of this rule.

(a)

(A) Safe handling instructions shall accompany every meat or meat product, specified in this section (12) 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.

(B) 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 subsections (12)(b) and (c) of this rule. 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.

(b) The labels of the meat and meat products specified in this section (12) 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.

(c) Meat and meat products, specified in this section (12), shall bear the labeling statements:

(A) 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.);

(B) 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.);

(C) Cook thoroughly. (A graphic illustration of a skillet shall be displayed next to the statement.); and

(D) Keep hot foods hot. Refrigerate leftovers immediately or discard. (A graphic illustration of a thermometer shall be displayed next to the statement.)

(d) Meat or meat products intended for further processing at another state-inspected establishment are exempt from the requirements prescribed in subsections (12)(a) through (12)(c) of this rule.

(13)

(a) 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:

(A) 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.

(B) If the package has one or more alternate principal display panels, the information panel is to the right of any principal display panel.

(C) 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.

(b)

(A) Except as otherwise permitted in OAR 603-029-1000 to 603-029-1058, 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.

(B) All information appearing on the information panel pursuant to this rule shall appear in one place without intervening material, such as designs or vignettes.

Or. Admin. Code § 603-029-1004

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 616.046

Statutes/Other Implemented: ORS 603.085, ORS 619.042, ORS 616.046 & ORS 561.230