Marking Products and Their Containers

Section 125 Section 125.250  Marking Products and Their Containers a)         The Department incorporates by reference 9 CFR 316.1 through 316.5(d), 316.5(f) through 316.11, 316.13(a), 316.13(b), 316.13(d) through 316.13(h) and 316.14 through 316.15 (2004). b)         Branding ink need not be submitted to the Department and it will be approved for use by the inspector in accordance with Section 2.11(B)(4) of the Act and the other provisions of the incorporated federal Section (9 CFR 316.5).  Branding ink shall be purple. c)         The Department shall approve the manufacture of a device or label containing an official mark of inspection provided it is in compliance with Section 125.90. d)         Additional official marks of inspection may be applied to meat and/or meat products at the option of the official establishment. e)         References in the incorporated language to 9 CFR 312 shall be interpreted to mean in accordance with Section 125.90 and reference to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230. f)         "Customarily sold at retail intact" shall mean that the meat product in the casing is sold at a retail store and customarily is not cut up into smaller packages. g)         Products as identified in the incorporated language of 9 CFR 316.10 shall comply with Section 125.290 (specifically the incorporated language in 9 CFR 325.5) when being transferred between official establishments.  No special form for this transfer is issued by the Department as in the case of federal inspection (federal form FSIS 7350-1). h)         Only those methods specifically included in 9 CFR 316.10(c) shall be approved for applying the list of ingredients. i)          "Legibly and conspicuously marked" shall mean in compliance with the provisions of Section 125.260 (specifically the incorporated language of 9 CFR 317.2(j)(6) through (9)). j)          Carcasses and meat products prepared on a custom basis shall be labeled in accordance with Section 5(B)(2)(d) of the Act. k)         Food additives and color additives shall be approved for use if the product is not adulterated in accordance with Section 2.11(B)(3) and (4) of the Act.  When a specific antioxidant appears on the label, it shall be identified as set forth in Section 125.260 (specifically the incorporated language of 9 CFR 317.2(j)(10)). l)          Stencils, box dies, labels and brands shall be approved in accordance with the provisions of Section 125.260. m)        References within the incorporated language to paragraphs 302(c)(2) of the Act and 23(b) of the Act shall be interpreted to mean those exemptions as set forth in Section 125.110.