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3.10.2 “Generic” Approvals (Labels Without Prior Approval)

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Since 1996, the USDA FSIS regulations have allowed food establishments more flexibility for changing meat and poultry labels without prior FSIS approval. The regulations permit certain labels (categories that are not likely to present significant policy issues that have health or economic significance) to be “generically approved.” Once a generic label is approved by FSIS, the regulations provide for changes in the label in certain circumstances without further authorization from FSIS.92

In 2013, FSIS expanded generic approval so that the only four types of labels need to be submitted to FSIS for evaluation and approval as follows:

1 Labels for religious exempt products. Labels for poultry slaughtered under Buddhist, Confucian, Halal, or Kosher religious exemptions that do not bear the mark of inspection must be approved by FSIS.93

2 Labels for export with deviations from domestic labeling requirements.94

3 Labels with special statements and claims. Special statements and claims are claims, logos, trademarks, and other symbols on labels that are generally not defined in FSIS regulations or the Food Standards and Labeling Policy Book, such as geographical landmarks, heart logos, negative claims (e.g., gluten free), health claims, and processing method and ingredient claims.95

4 Labels for temporary approval. These temporary approvals are for minor deviations from the labeling regulations that do not pose any health, safety, or dietary problems to consumers. For example, if a supplier changed ingredients and failed to inform the establishment, the establishment might apply for a temporary approval to use the existing label, even though it does not have the correct ingredients statement.96

FSIS also evaluates labels for egg products and for exotic species under voluntary USDA inspection. Under generic approvals, it is the establishment’s responsibility to prepare final labeling in accordance with applicable regulations and to create and maintain records of final labeling.

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