The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection
Service (FSIS) has issued a proposed rule to “expand the circumstances under
which FSIS will generically approve the labels of meat and poultry products.”
Under the proposal, which would also combine regulations into a new CFR
part, FSIS would reportedly allow establishments “to label a broader range of
products without first submitting the label to FSIS for approval.” As the agency
explained in a December 5, 2011, press release, “all mandatory label features
would still need to comply with FSIS regulations.”

In particular, FSIS noted that the current generic label regulations are too restrictive in practice, compelling the agency to pre-approve “a significant amount of labeling” instead of dedicating resources to other consumer protection and food safety activities. “For example, the label for a nonstandardized product, such as pepperoni pizza (bearing no special statements or claims) that was sketch approved by FSIS would need to be resubmitted for sketch approval if the establishment makes a minor formula change that affects the order of predominance in the ingredients statement,” stated the agency. See Federal Register, December 5, 2011.

“It is important that we make the labeling process more effective and efficient,
while still ensuring consumers have the best information available
when shopping for food,” said USDA Undersecretary for Food Safety Elizabeth
Hagen. FSIS will accept comments on the proposed rule until February 3,
2012.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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