Section 125.380  Labeling and Containers

a)         The Department incorporates by reference 381.115 through 381.127, 381.129 through 381.132(f), 381.133, 381.134, 381.136 through 381.140, 381.144(a) through 381.144(d), 381.400, 381.402, 381.408, 381.409, 381.412, 381.413, 381.443; 381.444; 381.445; 381.454; 381.456, 381.460, 381.461, 381.462, 381.463, 381.469, 381.480, 381.500 (2010; 75 FR 82148, effective January 1, 2012; 76 FR 82077, effective December 30, 2011; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 49566, effective October 20, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective January 1, 2016).

b)         Each shipping container and each immediate container containing inspected and passed poultry and/or poultry products shall be identified in accordance with the labeling provisions of this Section.

c)         Immediate containers of poultry products packed in, bearing or containing any chemical additive shall bear a label naming the additive and the purpose of its use.

d)         Labels for consumer packages shall be approved if the label is not misbranded in accordance with Section 2.20 of the Act and is in compliance with this Section.

e)         The specific statements listed in 9 CFR 381.121 may be added to the label for the shipping container at the option of the licensee.

f)         The quantity of contents as shown on the label shall be in compliance with the Weights and Measures Act and 8 Ill. Adm. Code 600.

g)         No labeling or containers that have not been approved shall be used until a final decision is rendered at an administrative hearing in accordance with Section 19 of the Act.

h)         The Department shall approve the manufacture of a device or label containing an official mark of inspection provided the device or label is in compliance with Section 125.90.

i)          Labeling and sketch labeling shall be approved by the Department if the label is in compliance with the provisions of this Section and the label is not misbranded in accordance with Section 2.20 of the Act.  All labels and sketch labels shall be submitted to the Springfield office of the Department for approval.

j)          The Department shall approve temporary labeling as stated in 9 CFR 381.132(f).  Labeling that has received temporary approval shall not be used beyond the temporary approval period unless the printer or manufacturer of the label is unable to provide the official establishment with the permanent labels before the expiration of the temporary approval.

k)         A copy of each label submitted for approval shall be accompanied by a statement showing the common or usual names, the kinds and percentages of the ingredients comprising the poultry product and a statement indicating the method or preparation of the product with respect to which the label is to be used.  Laboratories used for chemical analysis shall be any approved laboratory as defined in 8 Ill. Adm. Code 20.1.

l)          The Department does not approve terms for generic labeling and considers the approval of terms as generic to be the responsibility of the federal government.

m)        The Department does not issue a list of approved packaging materials and will permit for use any packaging material which has been approved by the U.S. Department of Agriculture (see 9 CFR 317.24 (1997)).

n)         Labels and devices approved for use pursuant to Section 125.90 and this Section shall be disposed of only when those labels or devices have been mutilated or damaged or when the establishment ceases to do business.  The labels and devices shall be given to the inspector for disposition.

o)         The inspector shall grant authorization to transport labels, wrappers and containers bearing official marks from one official establishment to another official establishment provided the official establishment provides to the inspector the information required in 9 CFR 381.138 so that the inspector can notify the inspector at the destination point.

p)         Labels to be used for the relabeling of inspected and passed product shall be permitted to leave the official establishment when the product must be relabeled because the original labels have become mutilated or damaged.  The official establishment shall reimburse the Department for any overtime costs, if applicable, involved for the inspector to supervise the relabeling of a product.  The overtime charges shall be as set forth in Section 125.80.

q)         Labeling of custom slaughtered and/or custom processed poultry and/or poultry products and the containers containing custom slaughtered and/or custom processed poultry products shall be as set forth in Section 5 of the Act.

r)          The Department shall approve only those abbreviations for marks of inspection as specifically stated in Section 2.26(j)(3), (4), (5) and (9) of the Act.

(Source:  Amended at 40 Ill. Reg. 2739, effective January 22, 2016)