Source:  Lisa M. Keefe, MEATINGPLACE.COM, 12/29/10

Along with detailed new labeling rules for nutrition labeling of single-ingredient products and ground or chopped meat and poultry products, the USDA’s Food Safety and Inspection Service noted several exemptions from the new final rule in its notice in today’s Federal Register.

Key among the exemptions were ground or chopped products made by businesses that already qualify for the small business exemptions as outlined in previous labeling laws.

Specifically, the new rule, due to go into effect on Jan. 1, 2012, would not apply to the following major cuts of single-ingredient, raw meat and poultry products and ground or chopped meat and poultry products:
• Those intended for further processing, provided that the labels for these products bear no nutrition claim or nutrition information.
• Those that are not for sale to consumers, provided that the labels for these products bear no nutrition claims or nutrition information.
• Those in individually wrapped, small packages of less than 0.5 ounce net weight, provided that the labels for these products bear no nutrition claims or nutrition information.
• Those that are custom slaughtered or prepared.
• Those intended for export.
Additional exemptions for ground or chopped products include
• Ground or chopped products that qualify for the small business exemption in §§ 317.400(a)(1) and 381.500(a)(1).
• Products that are ground or chopped at an individual customer's request and that are prepared and served at retail, provided that the labels or labeling of these products bears no nutrition claims or nutrition information.
• Ground or chopped products in packages that have a total surface area for labeling of less than 12 square inches, provided that the product's labeling includes no nutrition claims or nutrition information and provided that an address or telephone number that a consumer can use to obtain the required information is included on the label.
• Ground products produced by small businesses that use statements of percent fat and percent lean on the label or in labeling of ground products, provided they include no other nutrition claims or nutrition information on the product labels or labeling.

In its Federal Register notice, FSIS says an exemption for ground or chopped products produced by small businesses is necessary because the burden of mandatory nutrition labeling may force some small firms to stop producing the product — or go out of business — because of the additional costs.

Also, small businesses that use statements of percent fat and percent lean on the label of ground products, provided they include no other nutrition claims or nutrition information on the product labels or labeling, are exempted from the nutrition labeling requirements.

Nevertheless, the agency says the final rule provides nutrition labeling on the maximum volume of ground or chopped product while assuring that small businesses producing low volumes of product are not at risk of going out of business or materially reducing the variety of products they deliver to their customers.
 

No exemptions for major cuts
Under the final rule, FSIS points out that no small business exemption exists for major cuts of single-ingredient, raw meat and poultry products because nutrition information for these products may be provided on labels or, alternatively, at their point-of-purchase. Additionally, FSIS will make point-of-purchase materials available over the Internet free of charge. Therefore, the nutrition labeling requirement for major cuts of single-ingredient, raw products should not impose an economic hardship for small businesses, including those that are retail stores.

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