e case of refrigerated food d in the refrigerated state, volume at 40°F (4°C).

he case of other foods, exolume at 68° F (20° C). ments of dry measure shall ns of the U.S. bushel of bic inches and peck, dry dry pint subdivisions there

the declaration of quantity s by numerical count does dequate information as to y of food in the package, it nbined with such statement measure, or size of the indis of the foods as will proformation.

declaration may contain

or decimal fractions. A action shall be in terms of arters, eighths, sixteenths, econds; except that if there nly established general cone and trade custom of emferent common fractions in antity declaration of a parmodity, they may be emommon fraction shall be reIs lowest terms; a decimal all not be carried out to two places. A statement des small fractions of an 11 be deemed to permit riations than one which clude such fractions.

declaration shall be located ncipal display panel of the with respect to packages ernate principal panels it plicated on each principal el.

eclaration shall appear as a n on the principal display be separated (by at least a to the height of the lettern the declaration) from ed label information ape or below the declaration east a space equal to twice of the letter "N" of the e used in the quantity of tement) from other printrmation appearing to the of the declaration. It shall ny term qualifying a unit easure, or count (such as " and "full gallon") that gerate the amount of the

placed on the principal display panel within the bottom 30 percent of the area of the label panel in lines generally parallel to the base on which the package rests as it is designed to be displayed: 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 declaration of net quantity of contents meets the other requirements of this part.

(g) The declaration shall accurately reveal the quantity of food in the package exclusive of wrappers and other material packed therewith; provided that in the case of foods packed in containers designed to deliver the food under pressure, the declaration shall state the net quantity of the contents that will be expelled when the instructions for use as shown on the container are followed. The propellant is included in the net quantity declaration.

(h) The declaration shall appear in conspicuous and easily legible boldface print or type in distinct contrast (by typography, layout, color, embossing, or molding) to other matter on the package; except that a declaration of net quantity blown, embossed, or molded on a glass or plastic surface is permissible when all label information is so formed on the surface. Requirements of conspicuousness and legibility shall include the specifications that:

(1) The ratio of height to width (of the letter) shall not exceed a differential of 3 units to 1 unit (no more than 3 times as high as it is wide).

(2) Letter 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.

(3) When fractions are used, each component numeral shall meet onehalf the minimum height standards.

(i) The declaration shall be in letters and numerals in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same

size by complying with the following type specifications:

(1) Not less than 16 inch in height on packages the principal display Cpanel of which has an area of 5 square inches or less.

a (2) Not less than 1⁄2 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.

(3) Not less than 16 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.

(4) Not less than 4 inch in height on packages the principal display panel of which has an area of more than 100 square inches, except not less than 1⁄2 inch in height if the area is more than 400 square inches.

Where the declaration is blown, embossed, or molded on a glass or plastic surface rather than by printing, typing, or coloring, the lettering sizes specified in paragraphs (i) (1) through (4) of this section shall be increased by 16 of an inch.

(j) On packages containing less than 4 pounds or 1 gallon and labeled in terms of weight or fluid measure:

(1) The declaration shall be expressed both in ounces, with identification by weight or by liquid measure and, if applicable (1 pound or 1 pint or more) followed in parentheses by a declaration in pounds for weight units, with any remainder in terms of ounces or common or decimal fractions of the pound (see examples set forth in paragraphs (m) (1) and (2) of this section), or in the case of liquid measure, in the largest whole units (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart (see examples in paragraphs (m) (3) and (4) of this section).

(2) If the net quantity of contents declaration appears on a random package, that is a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights and with no fixed weight pattern, it may, when the net weight exceeds 1 pound, be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places. When

the net weight does not exceed 1 pound, the declaration on the random package may be in decimal fractions of the pound in lieu of ounces (see example in paragraph (m)(5) of this section).

(3) The declaration may appear in more than one line. The term "net weight" shall be used when stating the net quantity of contents in terms of weight. Use of the terms "net" or "net contents" in terms of fluid measure or numerical count is optional. It is sufficient to distinguish avoirdupois ounce from fluid ounce through association of terms; for example, "Net wt. 6 oz.” or "6 oz. net wt.” and “6 fl. oz.” or “net contents 6 fl. oz."

(k) On packages containing 4 pounds or 1 gallon or more and labeled in terms of weight or fluid measure, the declaration shall be expressed in pounds for weight units with any remainder in terms of ounces or common or decimal fraction of the pound, or in the case of fluid measure, it shall be expressed in the largest whole unit (gallons followed by common or decimal fraction of a gallon or by the next smaller whole unit or units (quarts, or quarts and pints)) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart (see paragraph (m)(6) of this section).

(1) [Reserved]

(m) Examples:

(1) A declaration of 11⁄2 pounds 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 lb.)”.

(2) A declaration of 3⁄4 pound avoirdupois weight shall be expressed as "Net Wt. 12 oz."

(3) A declaration of 1 quart liquid measure shall be expressed as "Net 32 fl. oz. (1 qt.)".

(4) A declaration of 14 quarts liquid measure shall be expressed as "Net contents 56 fluid ounces (1 quart 11⁄2 pints)" or as "Net 56 fluid oz. (1 qt. 1 pt. 8 oz.)," but not in terms of quart and ounce such as "Net 56 fluid oz. (1 quart 24 ounces)".

(5) On a random package, declaration of 4 pound avoirdupois may be expressed as "Net Wt. .75 lb."

(6) A declaration of 21⁄2 gallons liquid measure shall be expressed as "Net

1⁄2 gallons," "Net contents or "Net contents 2 gallons and not as "2 gallons 4

uantities, the following aband none other may be emriods and plural forms are

pint pt. quart qt. fluid fl.

ng in this section shall proemental statements at locathan the principal display escribing in nondeceptive net quantity of contents; that such supplemental of net quantity of contents clude any term qualifying a ght, measure, or count that aggerate the amount of the ned in the package; for exumbo quart" and "full al or combination declaraet quantity of contents as r in paragraphs (a), (c), and ection (for example, a comnet weight plus numerical contents plus dilution direconcentrate, etc.) are not resupplemental net quantity and may be located on the splay panel.

arate statement of the net I contents in terms of the em is not regarded as a supstatement and an accurate of the net quantity of conms of the metric system of easure may also appear on l display panel or on other

eclaration of net quantity |shall express an accurate If the quantity of contents age. Reasonable variations loss or gain of moisture ourse of good distribution by unavoidable deviations ufacturing practice will be Variations from stated contents shall not be unrge. ed]

ultiunit retail package, a the 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 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 paragraph (j)(1) of this section. A multiunit retail package may thus be properly labeled: "6-16 oz. bottles-(96 fl. oz.)" or "3-16 oz. cans-(net wt. 48 oz)." For the purposes of this section, "multiunit retail package" means a package containing two or more individually packaged units of the identical commodity and in the same quantity, intended to be sold as part of the multiunit retail package but capable of being individually sold in full compliance with all requirements of the regulations in this part. Open multiunit retail packages that do not obscure the number of units nor prevent examination of the labeling on each of the individual units are not subject to this paragraph if the labeling of each individual unit complies with the requirements of paragraphs (f) and (i) of this section.

(t) Where the declaration of net quantity of contents is in terms of net weight and/or drained weight or volume and does not accurately reflect the actual quantity of the contents or the product falls below the applicable standard of fill of container because of equipment malfunction or otherwise unintentional product variation, and the label conforms in all other respects to the requirements of this chapter (except the requirement that food falling below the applicable standard of fill of container shall bear the general statement of substandard fill specified in § 564.14(b) of this chapter), the mislabeled food product, including any food product that fails to bear the general statement of substandard fill specified in § 564.14(b) of this chapter, may be sold by the manufacturer or processor directly to institutions operated by Federal, State or local governments: Provided, That:

(1) The purchaser shall sign a statement at the time of sale stating that he is aware that the product is mislabeled to include acknowledgement of the nature and extent of the mislabeling, e.g., "Actual net weight may be as low as -% below labeled quantity") and that any subsequent distribution by him of said product except for his own institutional use is unlawful. This statement shall be kept on file at the principal place of business of the manufacturer or processor for 2 years subsequent to the date of shipment of the product and shall be available to the Food and Drug Administration upon request.

(2) The product shall be labeled on the outside of its shipping container with the statement(s):

(i) When the variation concerns net weight and/or drained weight of volume-"Product Mislabeled. Actual net weight (drained weight or volume where appropriate) may be as low as

-% below labeled quantity. This Product Not for Retail Distribution", the blank to be filled in with the maximum percentage variance between the labeled and actual weight or volume of contents of the individual packages in the shipping container, and

(ii) When the variation is in regard to a fill of container standard-"Product Mislabeled. Actual fill may be as low as -% below standard of fill. This Product Not for Retail Distribution."

(3) The statements required by paragraphs (t)(2) (i) and (ii) of this section, which may be consolidated where appropriate, shall appear prominently and conspicuously as compared to other printed matter on the shipping container and in boldface print or type on a clear, contrasting background in order to render them likely to be read and understood by the purchaser under ordinary conditions of purchase. [41 FR 38619, Sept. 10, 1976, as amended at 54 FR 18279, Apr. 28, 1989]

§ 501.110 Animal feed labeling; collective names for feed ingredients.

(a) An animal feed shall be exempt from the requirements of section 403(i)(2) of the act with respect to its label bearing the common or usual names of the animal feed ingredients

listed in paragraph (b) of this section under the following prescribed conditions:

(1) The animal feed is intended solely for livestock and poultry.

(2) The label of the animal feed bears the collective name(s) prescribed in paragraph (b) of this section in lieu of the corresponding common or usual names of the individual feed ingredients contained therein.

(3) The label of the animal feed otherwise conforms to the requirements of section 403(i)(2) of the act.

(4) The ingredients of any feed listed in paragraph (b) of this section neither contain nor are food additives as defined in section 201(s) of the act unless provided for by and in conformity with applicable regulations established pursuant to section 409 of the act.

(b) Each collective name referred to in this paragraph may be used for the purpose of labeling where one or more of the ingredients listed for that collective name are present. The animal feed ingredients listed under each of the collective names are the products defined by the Association of American Feed Control Officials. The collective names are as follows:

(1) "Animal protein products" include one or more of the following: Animal products, marine products, and milk products.

(2) "Forage products" include one or more of the following: Alfalfa meals, entire plant meals, hays, and stem meals.

(3) "Grain products" include one or more of the following: Barley, grain sorghums, maize (corn), oats, rice, rye, and wheat.

(4) "Plant protein products" include one or more of the following: Algae meals, coconut meals (copra), cottonseed meals, guar meal, linseed meals, peanut meals, safflower meals, soybean meals, sunflower meals, and yeasts.

(5) "Processed grain byproducts" include one or more of the following: Brans, brewers dried grains, distillers grains, distillers solubles, flours, germ meals, gluten feeds, gluten meals, grits, groats, hominy feeds, malt sprouts, middlings, pearled, polishings, shorts, and wheat mill run.

§ 502.5 General principles.

(a) The common or usual name of a food, which may be a coined term, shall accurately identify or describe, in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients. The name shall be uniform among all identical or similar products and may not be confusingly similar to the name of any other food that is not reasonably encompassed within the same name. Each class or subclass of food shall be given its own common or usual name that states, in clear terms, what it is in a way that distinguishes it from different foods.

(b) The common or usual name of a food shall include the percentage(s) of any characterizing ingredient(s) or component(s) when the proportion of such ingredient(s) or component(s) in the food has a material bearing on price or consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that such ingredient(s) or component(s) is present in an amount greater than is actually the case. The following requirements shall apply unless modified by a specific regulation in this part.

(1) The percentage of a characterizing ingredient or component shall be declared on the basis of its quantity in the finished product (i.e., weight/ weight in the case of solids, or volume/volume in the case of liquids). (2) The percentage of a characterizing ingredient or component shall be declared by the words "containing (or contains) percent (or %)

66

or

percent (or %) -" with the first blank filled in with the percent

age expressed as a whole n greater than the actual per the ingredient or compone and the second blank filled i common or usual name of t ent or component. The word ing" (or "contains"), when appear on a line immediat the part of the common or u of the food required by para of this section. For each ch ing ingredient or compor words" percent (or %) appear following or directly word "containing" (or "cont directly below the part of the or usual name of the food re paragraph (a) of this section word "containing" (or "con not used, in easily legible print or type in distinct co other printed or graphic ma in a height not less than the the following alternatives:

(i) Not less than one-sixtee in height on packages having pal display panel with an a square inches or less and not one-eighth inch in height if of the principal display panel er than 5 square inches; or

(ii) Not less than one-half th of the largest type appearing part of the common or usual the food required by paragrap this section.

(c) The common or usual na food shall include a statement presence or absence of any ch izing ingredient(s) or compo and/or the need for the user any characterizing ingredien component(s) when the prese absence of such ingredient component(s) in the food has a al bearing on price or consun ceptance or when the labeling appearance of the food may oth create an erroneous impressio such ingredient(s) or compone present when it is not, and con may otherwise be misled abo presence or absence of ingredient(s) or component(s) food. The following requirement apply unless modified by a s regulation in this part.

(1) The presence or absence characterizing ingredient or c