9 C.F.R. Subpart P—Definitions and Standards of Identity or Composition


Title 9 - Animals and Animal Products


Title 9: Animals and Animal Products
PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS

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Subpart P—Definitions and Standards of Identity or Composition

§ 381.155   General.

(a) Authorization to establish specifications. (1) The Administrator is authorized to establish specifications or definitions and standards of identity or composition, covering the principal constituents of any poultry product with respect to which a specified name of the product or other labeling terminology may be used, whenever he determines such action is necessary to prevent sale of the product under false or misleading labeling. Further, the Administrator is authorized to prescribe definitions and standards of identity or composition for poultry products whenever he determines such action is otherwise necessary for the protection of the public. The requirements of this subpart are hereby found to be necessary for these purposes and standards are hereby established as set forth in this subpart.

(2) Where cooked poultry meat is specified in this subpart as an ingredient of poultry products, this means poultry meat derived from poultry processed, cooked, and cooled in a manner approved by the Administrator in specific cases without use of liquid or moisture in direct contact with the poultry meat following the cooking and cooling of the poultry.

(3) If, following cooking and cooling of poultry meat to be used in poultry products, liquid or moisture is used in direct contact with such poultry meat and the percentage of solids, excluding salt, in the poultry meat is found to be below 34 percent when such poultry meat is tested by acceptable methods, the percentage of poultry meat required by this section for any poultry product shall be increased in proportion to the deficiency, or the meat shall be so processed as to raise the solids content, excluding salt, to 34 percent. The official establishment shall furnish adequate facilities for such testing.

(b) Any binder or antimicrobial agent that has been found to be safe and suitable by the Food and Drug Administration and the Food Safety and Inspection Service may be used in the production of poultry products with standards of identity in this part, where the product standards and applicable Federal regulations already permit the use of these types of ingredients.

[37 FR 9706, May 16, 1972, as amended at 68 FR 22578, Apr. 29, 2003]

§ 381.156   Poultry meat content standards for certain poultry products.

Poultry products with labeling terminology as set forth in Table I shall comply with the specifications for percent light meat and percent dark meat set forth in said table.

                                 Table I------------------------------------------------------------------------        Label terminology         Percent light meat   Percent dark meat------------------------------------------------------------------------Natural proportions.............  50-65.............  50-35.Light or white meat.............  100...............  0.Dark meat.......................  0.................  100.Light and dark meat.............  51-65.............  49-35.Dark and light meat.............  35-49.............  65-51.Mostly white meat...............  66 or more........  34 or less.Mostly dark meat................  34 or less........  66 or more.------------------------------------------------------------------------

[37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974]

§ 381.157   Canned boned poultry and baby or geriatric food.

(a) Canned boned poultry shall, unless otherwise specified in this section, be prepared from cooked deboned poultry meat and may contain skin and fat not in excess of natural whole carcass proportions. Gelatin, stabilizers, or similar solidifying or emulsifying agents shall not be added to product labeled “Boned (Kind)—Solid Pack,” but may be added in quantities not in excess of a total of 0.5 percent of the total ingredients in the preparation of other canned boned poultry products and in such cases the common name of the substance shall be included in the name of the product, e.g., “Boned Chicken with Broth—Gelatin Added.”

(b) Canned boned poultry, except poultry within paragraph (c) of this section, shall meet the requirements set forth in Table II. The percentages in Table II shall be calculated on the basis of the total ingredients used in the preparation of the product.

(c) Canned boned poultry with natural juices (Boned (Kind) with natural juices) shall be prepared from either raw boned poultry or a mixture of raw boned poultry and cooked boned poultry and shall have no liquid added during the preparation of the product.

(d) Canned shredded poultry (Shredded Kind), consists of poultry meat reduced to a shredded appearance, from the kind of poultry indicated, with meat, skin, and fat not in excess of the natural whole carcass proportions. Canned shredded poultry from specific parts may include skin or fat in excess of the proportions normally found on a whole carcass, but not in excess of the proportions of skin and fat normal to the particular part or parts; and such product shall be labeled in accordance with §381.117(d).

(e) Canned boned poultry shall be prepared as set forth in Table II, items 1, 2, 3, or 4, whichever is applicable.

                                Table II------------------------------------------------------------------------                                                   Minimum                                                   percent                                                   cooked,                                                   deboned      Maximum                                                   poultry      percent                  Product name                     meat of      liquid                                                     kind      that may                                                  indicated,   be added                                                  with skin,      \1\                                                   fat, and                                                  seasoning------------------------------------------------------------------------1. Boned (Kind)_solid pack.....................           95           52. Boned (Kind)................................           90          103. Boned (Kind) with broth \2\.................           80          204. Boned (Kind) (__) percent broth \2,3\.......           50          50------------------------------------------------------------------------\1\ Liquid may be in the form of, but is not limited to, broth or  extractives.\2\ Alternatively, product may be prepared from raw boned poultry in  combination with cooked boned poultry so long as the product complies  with the specified standard.\3\ Total amount of liquid added shall be included in the name of the  product; e.g., ``Boned Chicken with 25 percent broth.''

(f) Poultry products intended for infant or geriatric use and represented as having a “high meat” content shall contain not less than 18.75 percent cooked, deboned poultry meat of the kind indicated, with seasoning.

                                Table IIa------------------------------------------------------------------------                                                   Minimum                                                   percent                                                   cooked,      Maximum                                                   deboned,     percent                                                   poultry      liquid                  Product name                     meat of     that may                                                     kind      be added                                                  indicated,      \1\                                                     with                                                  seasoning------------------------------------------------------------------------1. Strained or chopped (Kind) with broth \2,3\.           43          572. High meat dinner \3\........................        18.75------------------------------------------------------------------------\1\ Liquid may be in the form of, but not limited to, broth or  extractives.\2\ Alternatively, product may be prepared from raw boned poultry meat  in combination with cooked bone poultry meat so long as the product  complies with the specified standard.\3\ Label must indicate in some manner that product is for infant or  geriatric servings.

[37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974]

§ 381.158   Poultry dinners (frozen) and pies.

Poultry dinners (frozen) and pies shall meet the requirements set forth in Table III of this section and the percentage or weight specified therein shall be calculated on the basis of total ingredients used in the preparation of the poultry product.

                                Table III------------------------------------------------------------------------                                   Minimum cooked    Minimum raw deboned                                  deboned poultry      poultry meat of                                    meat of kind        kind indicated                                     indicated      --------------------                               ---------------------                                Percent    Weight    Percent    Weight------------------------------------------------------------------------(Kind) Pies...................      14    or 1\1/8\      25     or 2 oz.                                         oz. per 8-            per 8-oz.                                            oz. pie              pie.\1\                                                \1\(Kind) Dinners................      18         or 2  .......  ..........                                             oz.2,3------------------------------------------------------------------------\1\ 14 percent or 1\1/8\ oz., whichever is greater; or 25 percent or 2  oz., whichever is greater.\2\ Excluding weight of appetizers, desserts, etc.\3\ 18 percent or 2 oz., whichever is greater. A minimum of 45 percent,  or 5 ounces per dinner, whichever is greater, of cooked poultry  including bone and breading may be used in lieu of minimum 18 percent  or 2 ounces of cooked deboned poultry meat and the cooked poultry  including bone and breading shall not contain more than 30 percent  breading.

§ 381.159   Poultry rolls.

(a) Binders or extenders may be added in accordance with a regulation in this subchapter, in 9 CFR Chapter III, Subchapter E, or in 21 CFR Chapter I, Subchapter A or Subchapter B. In addition to the binders referred to in the preceding sentence, the following substances are permitted for use as binders in poultry rolls: transglutaminase enzyme at up to 65 ppm. When binding agents are added in excess of 3 percent for cooked rolls and 2 percent for raw rolls, the common name of the agent or the term “Binders Added” shall be included in the name of the product; e.g., “Turkey Roll-Gelatin Added.”

(b) With respect to heat processed rolls, 2 percent or less liquid based on the weight of the finished product without liquid may remain with or be returned to product labeled as “(Kind) Roll.”

(c) Heat processed rolls which have more than 2 percent liquid remaining with or returned to the product shall be labeled as “(Kind) Roll with Natural Juices.” If more than 2 percent of any liquid other than natural cookout juices is added, the product must be labeled to indicate that fact; e.g., “Turkey Roll with Broth.” Liquid shall not be returned or added to product within this paragraph graph in excess of the amount normally cooked out during preparation.

[37 FR 9706, May 16, 1972, as amended at 55 FR 34684, Aug. 24, 1990; 66 FR 54916, Oct. 31, 2001]

§ 381.160   (Kind) burgers; (Kind) patties.

Such product consists of 100 percent poultry of the kind indicated, with skin and fat not in excess of natural proportions. Product containing fillers or binders shall be named “(Kind) Patties.”

§ 381.161   “(Kind) A La Kiev.”

Such product consists of poultry meat of the kind indicated, stuffed with butter which may be seasoned and the product may be wrapped in sufficient skin to cover the meat. It may be dipped in batter, fried, and frozen.

§ 381.162   “(Kind) steak or fillet.”

Such product consists of a boneless slice or strip of poultry meat of the kind indicated.

§ 381.163   “(Kind) baked” or “(Kind) roasted.”

Such product consists of ready-to-cook poultry of the kind indicated, that has been cooked in dry source heat, e.g., oven roasted or oven baked.

§ 381.164   “(Kind) barbecued.”

Such product consists of ready-to-cook poultry of the kind indicated, that has been cooked in dry heat and basted with a seasoned sauce.

§ 381.165   “(Kind) barbecued prepared with moist heat.”

Such product consists of ready-to-cook poultry of the kind indicated that has been cooked by the action of moist heat in a barbecue sauce.

§ 381.166   Breaded products.

“Breaded” is a term applicable to any poultry product which is coated with breading or a batter and breading in an amount not to exceed 30 percent of the weight of the finished breaded product.

§ 381.167   Other poultry dishes and specialty items.

Poultry dishes and specialty items listed in Table IV of this paragraph shall meet the requirements set forth in said table, irrespective of the type of packaging, and the percentages in Table IV shall be calculated on a ready-to-serve basis, except that soup bases in institutional packs which are prepared for sale to institutional users shall have a minimum of 15 percent cooked deboned poultry meat based on the weight of the soup base product.

                                Table IV------------------------------------------------------------------------                                                  Minimum      Minimum                                                  percent      percent                                                   cooked       cooked                                                  deboned     poultry of               Product name \1\                   poultry        kind                                                  meat of     indicated,                                                    kind      indicating                                                 indicated       bone------------------------------------------------------------------------(Kind) Ravioli................................            2  ...........(Kind) Soup...................................            2  ...........Chop Suey with (Kind).........................            2  ...........(Kind) Chop Suey..............................            4  ...........(Kind) Chow Mein without noodles..............            4  ...........(Kind) Tamales................................            6  ...........Noodles or Dumplings with (Kind) \2\..........            6  ...........(Kind) Stew...................................           12  ...........(Kind) Fricassee of Wings.....................  ...........           40(Kind) Noodles or Dumplings \2\...............           15           30(Kind) with Vegetables........................           15  ...........Gravy with sliced (Kind)......................           15  ...........(Kind) Tetrazzini.............................           15  ...........(Kind) chili with beans.......................           17  ...........Creamed (Kind)................................           20  ...........(Kind) Cacciatore.............................           20           40(Kind) Fricassee..............................           20           40(Kind) A-La-King..............................           20  ...........(Kind) croquettes.............................           25  ...........Slice (Kind) with Gravy and Dressing..........           25  ...........(Kind) Salad \3\..............................           25  ...........(Kind) chili..................................           28  ...........(Kind) Hash...................................           30  ...........Sliced (Kind) with Gravy......................           35  ...........Minced (Kind) Barbecue........................           40  ...........------------------------------------------------------------------------\1\ The product name may contain other appropriate descriptive terms  such as ``noodle''; e.g., ``Chicken Noodle Soup.''\2\ This standard also applies to products named (Kind) with rice or  similar starches.\3\ The 25 percent-standard listed includes poultry meat plus  proportions of skin and fat natural to the poultry used.

[37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974]

§ 381.168   Maximum percent of skin in certain poultry products.

The poultry products listed in Table V shall have not more than the percent of skin specified in the table, when raw and when cooked.

                                 Table V------------------------------------------------------------------------                                                          Percent skin                     Product name                      -----------------                                                          Raw     Cooked------------------------------------------------------------------------Boneless Turkey Breast    orBoneless Turkey Breast Roll...........................       14Boneless Turkey Thigh    orBoneless Turkey Thigh Roll............................        8Boneless Turkey    orTurkey Roll...........................................       15Boneless Chicken Breast    orBoneless Chicken Breast Roll..........................       18       20Boneless Chicken    orChicken Roll..........................................       20       25------------------------------------------------------------------------

§ 381.169   Ready-to-cook poultry products to which solutions are added.

(a) Butter alone, or solutions of poultry broth, poultry stock, water, or edible fats, or mixtures thereof, in which are included functional substances such as spices, flavor enhancers, emulsifiers, phosphates, coloring materials, or other substances, approved by the Administrator in specific cases, may be introduced by injection into the thick muscles (breast and legs) of ready-to-cook poultry carcasses and may be introduced by injection or marinating into any separate bone-in part therefrom, for the purpose of providing a basting medium or similar function. The ingredients of the added materials and the manner of addition to the products must be found acceptable by the Administrator, in all cases. The introduction of the added materials shall increase the weight of the processed product by approximately 3 percent over the weight of the raw product after washing and chilling in compliance with §381.66. The weight of the added materials introduced into the poultry products as provided in this paragraph shall be included as part of the weight of the poultry for purposes of the net weight labeling provisions in §381.121(b).

(b) A raw poultry product, into which added materials are introduced as provided in paragraph (a) of this section must be labeled with a conspicuous, legible, and descriptive name, including terms that concisely describe the method of addition and function of the added material. All major terms in the product name must be printed with the same prominence, except that the words which describe the function of the added materials (such as “Injected for Flavored Basting”) may be more prominent, provided this does not detract from the conspicuousness of the other terms in the product name (such as “Young Turkey”). The label must also bear a statement, in bold type, immediately below and adjacent to the product name, listing the common or usual names of the added materials in descending order of predominance. The first part of this statement must consist of terms adequate to inform consumers about the amount and manner of introduction of the solution (such as “Injected with approximately 3 percent of a solution of _____”), and must be printed at least one-fourth the size of the most prominent letter in the product name, with a minimum size of one-fourth inch for a ready-to-cook turkey and proportionately smaller for other poultry products. The remainder of the solution ingredients shall be declared in type at least one-eighth inch in height. The entire statement must be printed in a color that contrasts with the background and be displayed on the principal display panel.

(c) Approval for use of a label for product under this section depends upon the ability of the processor to control the finished product, within a range of three-tenths of 1 percent accuracy, so that the average percent of basting material in each outgoing lot is not greater than 3.3 percent or less than 2.7 percent of basting material when tested by an approved plant control procedure would be in compliance. As used in this section, “a lot” may be any reasonable portion of production designated by the operator of the official establishment, with a maximum of an entire shift's production from one production line. The control procedures to be eligible for approval by the Administrator must:

(1) Assure compliance with all labeling requirements.

(2) Control the variability of the amount of added approved solution within the limits defined above.

(3) Provide for the disposition in accordance with the regulations of all products not in compliance with this section.

(4) Incorporate a system of raw weight identification of a sufficient number of poultry and/or poultry parts to allow effective monitoring of the system by Federal inspectors and official establishment employees.

[37 FR 9706, May 16, 1972, as amended at 39 FR 36000, Oct. 7, 1974]

§ 381.170   Standards for kinds and classes, and for cuts of raw poultry.

(a) The following standards specify the various classes of the specified kinds of poultry, and the requirements for each class:

(1) Chickens—(i) Rock Cornish game hen or Cornish game hen. A Rock Cornish game hen or Cornish game hen is a young immature chicken (usually 5 to 6 weeks of age) weighing not more than 2 pounds ready-to-cook weight, which was prepared from a Cornish chicken or the progeny of a Cornish chicken crossed with another breed of chicken.

(ii) Rock Cornish fryer, roaster, or hen. A Rock Cornish fryer, roaster, or hen is the progeny of a cross between a purebred Cornish and a purebred Rock chicken, without regard to the weight of the carcass involved; however, the term “fryer,” “roaster,” or “hen” shall apply only if the carcasses are from birds with ages and characteristics that qualify them for such designation under paragraph (a)(1) (iii) or (iv) of this section.

(iii) Broiler or fryer. A broiler or fryer is a young chicken (usually under 13 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and flexible breastbone cartilage.

(iv) Roaster or roasting chicken. A bird of this class is a young chicken (usually 3 to 5 months of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and breastbone cartilage that may be somewhat less flexible than that of a broiler or fryer.

(v) Capon. A capon is a surgically unsexed male chicken (usually under 8 months of age) that is tender-meated with soft, pliable, smooth-textured skin.

(vi) Hen, fowl, or baking or stewing. A bird of this class is a mature female chicken (usually more than 10 months of age) with meat less tender than that of a roaster, or roasting chicken and nonflexible breastbone tip.

(vii) Cock or rooster. A cock or rooster is a mature male chicken with coarse skin, toughened and darkened meat, and hardened breastbone tip.

(2) Turkeys—(i) Fryer-roaster turkey. A fryer-roaster turkey is a young immature turkey (usually under 16 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin, and flexible breastbone cartilage.

(ii) Young turkey. A young turkey is a turkey (usually under 8 months of age) that is tender-meated with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than in a fryer-roaster turkey. Sex designation is optional.

(iii) Yearling turkey. A yearling turkey is a fully matured turkey (usually under 15 months of age) that is reasonably tender-meated and with reasonably smooth-textured skin. Sex designation is optional.

(iv) Mature turkey or old turkey (hen or tom). A mature or old turkey is an old turkey of either sex (usually in excess of 15 months of age) with coarse skin and toughened flesh.

(3) Ducks—(i) Broiler duckling or fryer duckling. A broiler duckling or fryer duckling is a young duck (usually under 8 weeks of age), of either sex, that is tender-meated and has a soft bill and soft windpipe.

(ii) Roaster duckling. A roaster duckling is a young duck (usually under 16 weeks of age), of either sex, that is tender-meated and has a bill that is not completely hardened and a windpipe that is easily dented.

(iii) Mature duck or old duck. A mature duck or an old duck is a duck (usually over 6 months of age), of either sex, with toughened flesh, hardened bill, and hardened windpipe.

(4) Geese—(i) Young goose. A young goose may be of either sex, is tender-meated, and has a windpipe that is easily dented.

(ii) Mature goose or old goose. A mature goose or old goose may be of either sex and has toughened flesh and hardened windpipe.

(5) Guineas—(i) Young guinea. A young guinea may be of either sex, is tender-meated, and has a flexible breastbone cartilage.

(ii) Mature guinea or old guinea. A mature guinea or an old guinea may be of either sex, has toughened flesh, and a hardened breastbone.

(b) The following standards specify the requirements for the specified cuts of poultry:

(1) “Breasts” shall be separated from the back at the shoulder joint and by a cut running backward and downward from that point along the junction of the vertebral and sternal ribs. The ribs may be removed from the breasts, and the breasts may be cut along the breastbone to make two approximately equal halves; or the wishbone portion, as described in paragraph (b)(3) of this section, may be removed before cutting the remainder along the breastbone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes and the package may contain two or more of such parts without affecting the appropriateness of the labeling as e.g., “chicken breasts.” Neck skin shall not be included with the breasts, except that “turkey breasts” may include neck skin up to the whisker.

(2) “Breasts with ribs” shall be separated from the back at the junction of the vertebral ribs and back. Breasts with ribs may be cut along the breastbone to make two approximately equal halves; or the wishbone portion, as described in paragraph (b)(3) of this section, may be removed before cutting the remainder along the breastbone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes and the package may contain two or more of such parts without affecting the appropriateness of the labeling as “breasts with ribs.” Neck skin shall not be included, except that “turkey breasts with ribs” may include neck skin up to the whisker.

(3) “Wishbones” (Pulley Bones), with covering muscle and skin tissue, shall be severed from the breast approximately halfway between the end of the wishbone (hypocledium) and front point of the breastbone (cranial process of the sternal crest) to a point where the wishbone joins the shoulder. Neck skin shall not be included with the wishbone.

(4) “Drumsticks” shall be separated from the thigh by a cut through the knee joint (femorotibial and patellar joint) and from the hock joint (tarsal joint).

(5) “Thighs” shall be disjointed at the hip joint and may include the pelvic meat, but shall not include the pelvic bones. Back skin shall not be included.

(6) “(Kind) legs” shall be the poultry product which includes the thigh and the drumstick, i.e., the whole leg, and may include the pelvic meat, but shall not include the pelvic bones. Back skin shall not be included.

(7) “Wings” shall include the entire wing with all muscle and skin tissue intact, except that the wingtip may be removed.

(8) “Backs” shall include the pelvic bones and all the vertebrae posterior to the shoulder joint. The meat shall not be peeled from the pelvic bones. The vertebral ribs and/or scapula may be removed or included without affecting the appropriateness of the name. Skin shall be substantially intact.

(9) “Stripped backs” shall include the vertebrae from the shoulder joint to the tail, and include the pelvic bones. The meat may be stripped off of the pelvic bones.

(10) “Necks”, with or without neck skin, shall be separated from the carcass at the shoulder joint.

(11) “Halves” are prepared by making a full-length back and breast split of an eviscerated poultry carcass so as to produce approximately equal right and left sides.

(12) “Quarters” consist of the entire eviscerated poultry carcass, which has been cut into four equal parts, but excluding the neck.

(13) “Breast quarter” consists of half a breast with the wing and a portion of the back attached.

(14) “Breast quarter without wing” consists of a front quarter of a poultry carcass, from which the wing has been removed.

(15) “Leg quarter” consists of a poultry thigh and drumstick, with a portion of the back attached.

(16) “Thigh with back portion” consists of a poultry thigh with back portion attached.

(17) “Legs with pelvic bone” consists of a poultry leg with adhering meat and skin and pelvic bone.

(18) “Wing drummette” consists of the humerus of a poultry wing with adhering skin and meat attached.

(19) “Wing portion” consists of a poultry wing except that the drummette has been removed.

(20) “Cut-up Poultry” is any cut-up or disjointed portion of poultry or any edible part thereof, as described in this section.

(21) “Giblets” consist of approximately equal numbers of hearts, gizzards, and livers, as determined on a count basis.

(22) “Major portions” of eviscerated poultry carcasses are either carcasses from which parts may be missing, or the front or rear portions of transversely-split carcasses.

[37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974; 63 FR 48960, Sept. 11, 1998]

§ 381.171   Definition and standard for “Turkey Ham.”

(a) “Turkey Ham” shall be fabricated from boneless, turkey thigh meat with skin and the surface fat attached to the skin removed. The thighs shall be that cut of poultry described in §381.170(b)(5) of this part.

(b) The product may or may not be smoked, and shall be cured using one or more of the approved curing agents as provided in a regulation permitting that use in this subchapter or 9 CFR Chapter III, Subchapter E, or in 21 CFR Chapter I, Subchapter A or Subchapter B. The product may also contain cure accelerators, phosphates, and flavoring agents as provided in a regulation permitting that use in this subchapter or 9 CFR Chapter III, Subchapter E, or in 21 CFR Chapter I, Subchapter A or Subchapter B; common salt, sugars, spices, spice extractives, dehydrated garlic, and dehydrated onions; and water for purpose of dissolving and dispersing the substances specified above.

(c) The cooked finished product weight shall be no more than the original weight of the turkey thigh meat used prior to curing.

(d) The product name on the label shall show the word “Turkey” in the same size, style, color, and with the same background as the word “Ham” and shall precede and be adjacent to it.

(e) The product name shall be qualified with the statement “Cured Turkey Thigh Meat.” The qualifying statement shall be contiguous to the product name, without intervening type or designs, shall be not less than one-half the size of the product name but not less than one-eighth inch in height, and shall be in the same style and color and with the same background as the product name.

(f) If the product is fabricated from pieces of turkey thigh meat that result from the cutting through the muscle (as opposed the whole thighs intact or whole thighs with some incidental separation of muscle tissue during removal of the bone), the product name shall be further qualified by a descriptive statement. The product name of product fabricated from such pieces of turkey thigh meat equivalent in size to a one-half inch cube or greater shall be further qualified to specify that the product is “Chunked and Formed.” The product name of product fabricated from such pieces of turkey thigh meat smaller than the equivalent of a one-half inch cube shall be further qualified to specify that the product is “Ground and Formed” or “Chopped and Formed” as appropriate. The qualifying statement shall immediately follow and be contiguous to the statement required in paragraph (e) of this section, and shall be not less than one-half the size of the product name but not less than one-eighth inch in height, and shall be in the same style and color and with the same background as the product name.

[44 FR 51190, Aug. 31, 1979; 64 FR 72175, Dec. 23, 1999]

§ 381.172   Requirements for substitute standardized poultry products named by use of an expressed nutrient content claim and a standardized term.

(a) Description. The poultry products prescribed by this general definition and standard of identity are those products that substitute, in accordance with §381.413(d), for a standardized product defined in this subpart and use the name of that standardized product in their statements of identity, but that do not comply with the established standard because of a compositional deviation that results from reduction of a constituent that is described by an expressed nutrient content claim that has been defined by regulation in this subpart. The expressed nutrient content claim shall comply with the requirements of §381.413 and with the requirements in subpart Y of this part which define the particular nutrient content claim that is used. The poultry product shall comply with the relevant standard in this part in all other respects, except as provided in paragraphs (b) and (c) of this section.

(b) Performance characteristics. The performance characteristics, such as physical properties, functional properties, and shelf-life, of the poultry product shall be similar to those of the standardized poultry product produced under subpart P of this part. If there is a significant difference in a performance characteristic that materially limits the use of the product compared to the use of the standardized product defined in subpart P of this part, the label shall include a statement in accordance with §381.413(d)(1) and (2) of this part, that informs the consumer of such differences (e.g., if appropriate, “not recommended for frozen storage” or “not suitable for roller grilling”). Deviations from the ingredient provisions of the standard must be the minimum necessary to qualify for the nutrient content claim, while maintaining similar performance characteristics.

(c) Ingredients used in substitute products. (1) Ingredients used in the product shall be those ingredients provided for in the standard as defined in subpart P of this part, except that safe and suitable ingredients permitted for use in poultry products as provided in a regulation permitting that use in this subchapter or in 9 CFR Chapter III, Subchapter E, or in 21 CFR Chapter I, Subchapter A or Subchapter B, may be used at the minimum level necessary to improve texture and prevent syneresis, so that the substitute product is not inferior in performance characteristics from the standardized product defined in subpart P of this part for which it is a substitute.

(2) An ingredient that is specifically required by the standard prescribed in subpart P of this part shall not be replaced or exchanged with a similar ingredient from another source, for example, extruded turnips shall not replace noodles in poultry with noodles.

(3) An ingredient that is specifically prohibited from use in any poultry product by subpart P of this part shall not be added to the substitute poultry product under this section.

(4) Unless otherwise specified in this part, a substitute poultry product must meet all other requirements of the applicable standards of identity or composition.

(5) Water and fat-replacers (e.g., binders), in combination, may be added to replace fat in accordance with paragraph (c) of this section.

(6) Textured vegetable protein may be used by itself or in combination with other binders and water as a fat replacer in accordance with paragraph (c) of this section.

(d) Nomenclature. The name of a substitute poultry product that complies with this section is the appropriate expressed nutrient content claim and the applicable standardized term.

(e) Label declaration. (1) Each of the ingredients used in the substitute poultry product shall be declared on the label as required by this section and subpart N of this part.

(2) Ingredients not provided for, and ingredients used in excess of those levels provided for, by the standard as defined in subpart P of this part, shall be identified as such with an asterisk in the ingredients statement. The statement “*Ingredients not in regular _____” (the blank shall be filled in with the name of the traditional standardized product) or “**Ingredients in excess of amounts permitted in regular _____” (the blank shall be filled in with the name of the traditional standardized product), or both, as appropriate, shall immediately follow the ingredients statement in the same type and size.

Effective Date Note:  At 70 FR 33818, June 10, 2005, §381.172 was added, effective Jan. 1, 2008.

§ 381.173   Mechanically Separated (Kind of Poultry).

(a) “Mechanically Separated (Kind of Poultry)” is any product resulting from the mechanical separation and removal of most of the bone from attached skeletal muscle and other tissue of poultry carcasses and parts of carcasses that has a paste-like form and consistency, that may or may not contain skin with attached fat and meeting the other provisions of this section. Examples of such product are “Mechanically Separated Chicken” and “Mechanically Separated Turkey.”

(b) “Mechanically Separated (Kind of Poultry)” shall not have a bone solids content of more than 1 percent. At least 98 percent of the bone particles present in “Mechanically Separated (Kind of Poultry) “ shall have a maximum size no greater than 1.5 mm (millimeter) in their greatest dimension and there shall be no bone particles larger than 2.0 mm in their greatest dimension.

(c) “Mechanically Separated (Kind of Poultry)” shall not have a calcium content exceeding 0.235 percent when made from mature chickens or from turkeys as defined in §381.170(a)(l)(vi) and (vii) and (a)(2), respectively, or 0.175 percent when made from other poultry, based on the weight of product that has not been heat treated, as a measure of a bone solids content of not more than 1 percent.

(d) “Mechanically Separated (Kind of Poultry)” may be used in the formulation of poultry products in accordance with §381.174 and meat food products in accordance with subchapter A of this chapter.

(e) Product resulting from the mechanical separation process that fails to meet the bone particle size or calcium content requirements for “Mechanically Separated (Kind of Poultry)” shall be used only in producing poultry extractives, including fats, stocks, and broths and labeled as “Mechanically Separated (Kind of Poultry) for Further Processing.”

[60 FR 55983, Nov. 3, 1995]

§ 381.174   Limitations with respect to use of Mechanically Separated (Kind of Poultry).

(a) A poultry product required to be prepared from a particular kind of poultry (e.g., chicken) shall not contain “Mechanically Separated (Kind of Poultry)” described in §381.173, that is made from any other kind of poultry (e.g., Mechanically Separated Turkey).

(b) “Mechanically Separated (Kind of Poultry)” described in §381.173 may be used in the formulation of any poultry or meat food product, provided such use conforms with any applicable requirements of the definitions and standards of identity or composition in this subchapter or part 319 of this chapter, and provided that it is identified as “Mechanically Separated (Kind of Poultry).”

[60 FR 55983, Nov. 3, 1995]

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