Section 125.260  Labeling, Marking and Containers

a)         The Department incorporates by reference 9 CFR 317.1 through 317.2(j)(10), 317.2(j)(12) through 317.4(f)(2), 317.5, 317.6, 317.8, 317.10 through 317.13, 317.17 through 317.24, 317.300, 317.302, 317.308, 317.309, 317.312, 317.313, 317.343, 317.344, 317.345, 317.354, 317.356, 317.360, 317.361, 317.362, 317.363, 317.369, 317.380, 317.400 (2010; 75 FR 82148, effective January 1, 2012; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective January 1, 2016; 80 FR 28153, effective May 17, 2016).

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

c)         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.

d)         The Department shall approve temporary labeling as stated in 9 CFR 317.4(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 labels before the expiration of the temporary approval.

e)         The quantity of contents as shown on the label shall be in compliance with the Weights and Measures Act [225 ILCS 470] and 8 Ill. Adm. Code 600.

f)         Any Type I establishment is authorized to use generically approved labeling for meat and poultry products as defined in subsection (h) without the labeling being submitted for approval to the Department, provided the labeling is in accordance with this Section and shows all mandatory features in a prominent manner as required in 9 CFR 317.2 and 381 and is not otherwise false or misleading.

g)         The Department shall select samples of generically approved labeling from the records maintained by official establishments to determine compliance with labeling requirements.  Any finding of false or misleading labeling shall institute the proceedings prescribed in Section 13 of the Act.

h)         Generically approved labeling is labeling that complies with the following:

1)         Labeling for a product that has a product standard as specified in 9 CFR 319 and 381 or the Standards and Labeling Policy Book and does not contain any special claims such as quality claims, nutrient content claims, health claims, negative claims, geographical origin claims or guarantees, or is not a domestic product labeled in a foreign language;

2)         Labeling for single-ingredient products, such as beef steak or lamb chops, that does not contain any special claims such as quality claims, nutrient content claims, health claims, negative claims, geographical origin claims or guarantees or is not a domestic product labeled with a foreign language;

3)         Labeling for containers of products sold under contract specifications to federal government agencies that the product is not offered for sale to the general public, provided that the contract specifications include specific requirements with respect to labeling and are made available to the inspector-in-charge;

4)         Labeling for shipping containers that contain fully labeled immediate containers, provided that the labeling complies with 9 CFR 316.13 and 381.127;

5)         Labeling for products not intended for human food, provided it complies with 9 CFR 325, 381.152(c) and 381.193;

6)         Meat inspection legends;

7)         Inserts, tags, liners, pasters and similar devices containing printed or graphic matter and for use or to be placed within containers and coverings of products, provided the devices contain no reference to product and bear no misleading feature;

8)         Labeling for consumer test products not intended for sale;

9)         Labeling that was previously approved by the Department as sketch labeling, and the final labeling was prepared without modification or with the following modifications:

A)        All features of the labeling are proportionately enlarged or reduced provided that all minimum size requirements specified in applicable regulations are met and the labeling is legible;

B)        The substitution of any unit of measurement with its abbreviation or the substitution of any abbreviation with its unit of measurement, e.g., "lb." for "pound" or "oz." for "ounce" or of the word "pound" for "lb." or "ounce" for "oz.";

C)        A master or stock label has been approved where the name and address of the distributor are omitted and the name and address are applied before being used (in that case, the words "prepared for" or similar statement must be shown together with the blank space reserved for the insertion of the name and address when the labels are offered for approval);

D)        Wrappers or other covers bearing pictorial designs, emblematic designs or illustrations, e.g., floral arrangements, illustrations of animals, fireworks, etc., are used with approved labeling (The use of the designs will not make necessary the application of labeling not otherwise required.);

E)        A change in the language or the arrangement of directions pertaining to the opening of containers or the serving of the product;

F)         The addition, deletion or amendment of a dated or undated coupon, a cents-off statement, cooking instructions, packer product code information or the UPC product code information;

G)        Any change in the name or address of the packer, manufacturer or distributor that appears in the signature line;

H)        Any change in the net weight, provided the size of the net weight statement complies with 9 CFR 317.2 and 318.121;

I)         The addition, deletion or amendment of recipe suggestions for the product;

J)         Any change in punctuation;

K)        Newly assigned or revised establishment numbers for a particular establishment that has been approved by the Department;

L)        The addition or deletion of open dating information;

M)       A change in the type of packaging material on which label is printed;

N)        Brand name changes, provided that there are no design changes, the brand name does not use a term that connotes quality or other product characteristics, the brand name has no geographic significance, and the brand name does not affect the name of the product;

O)        The deletion of the word "new" on new product labeling;

P)         The addition, deletion or amendment of special handling statements, provided that the change is consistent with 9 CFR 317.2(k) and 318.125(a);

Q)        The addition of safe handling instructions as required by 9 CFR 317.2(1) and 381.125(b);

R)        Changes reflecting a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label, provided that the change in quantity of ingredients complies with any minimum or maximum limits for the use of the ingredients prescribed in 9 CFR 318, 319 and 381.147;

S)         Changes in the color of the labeling, provided that sufficient contrast and legibility remain;

T)         A change in the product vignette, provided that the change does not affect mandatory labeling information or misrepresent the content of the package;

U)        A change in the establishment number by a corporation or parent company for an establishment under its ownership;

V)        Changes in nutrition labeling that only involve quantitative adjustments to the nutrition labeling information, except for serving sizes, provided the nutrition labeling information maintains its accuracy and consistency;

W)       Deletion of any claim, and the deletion of non-mandatory features or non-mandatory information; and

X)        The addition or deletion of a direct translation of the English language into a foreign language for products marked "for export only".

i)          With regard to the incorporated language in 9 CFR 317.6, the extension of time for exhausting existing stocks of labels is not applicable since all labels presently in use are in compliance with the rules of this Part.

j)          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 (2004)).

k)         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.

l)          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 317.13 so that the inspector can notify the inspector at the destination point.

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

n)         References in the incorporated language to 9 CFR 312 shall be interpreted to mean in accordance with Section 125.90.

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