Or. Admin. Code § 603-029-2010

Current through Register Vol. 63, No. 10, October 1, 2024
Section 603-029-2010 - Approval of Generic Labels
(1)
(a) A state-inspected establishment is authorized to use generically approved labels, as defined in section (2) of this rule, and thus is free to use such labels without submitting them to the Department for approval, provided the label, in accordance with this rule, displays all mandatory features in a prominent manner in compliance with OAR 603-029-1000 to 603-029-1058, and is not otherwise false or misleading in any particular.
(b) The Department will select samples of generically approved labels from the records maintained by state-inspected establishments to determine compliance with label requirements. If the Department finds that a state-inspected establishment is using a false or misleading label, it will institute the proceedings prescribed in OAR 603-029-0115 to revoke the approval for the label.
(2) Generically approved labels are labels that bear all applicable mandatory labeling features (i.e., product name, safe handling statement, ingredients statement, the name and place of business of the manufacturer, packer or distributor, net weight, legend, safe handling instructions, and nutrition labeling) in accordance with Division 29. Labels that bear claims and statements that are defined in Division 29 or the Food Standards and Labeling Policy Book, published in August of 2005 (except for natural and negative claims), such as a statement that characterizes a product's nutrient content, such as "low fat," has geographical significance, such as "German Brand," or makes a country of origin statement on the label of any meat or poultry product "covered commodity",(see OAR 603-029-1010(1)(an) and that comply with those regulations are also deemed to be generically approved by the Department without being submitted for evaluation and approval. Allergen statements (e.g., "contains soy") applied in accordance with the Food Allergen Labeling and Consumer Protection Act are also deemed generically approved.

NOTE: See OAR 603-029-1010(2)(nn).

Or. Admin. Code § 603-029-2010

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

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.046