1. (a) No product or any of its wrappers, packaging, or other containers shall bear any false or misleading marking, label, or other labeling and no statement, word, picture, design or device which conveys any false impression or gives any false indication of origin or quality or is otherwise false or misleading shall appear in any marking or other labeling. No product shall be wholly or partly enclosed in any wrapper, packaging or other container that is so wholly or partly enclosed in any wrapper, packaging or other container that is so made, formed or filled as to be misleading.

2. (b) The labels and containers of product shall comply with the following provisions, as applicable:

   1. (1) Terms having geographical significance with reference to a lacality other than that in which the product is prepared may appear on the label only when qualified by the word “style”, “type” or “brand”, as the case may be, in the same size and style of lettering as in the geographical term, and accompanied with a prominent qualifying statement identifying the country, State, territory or locality in which the product is prepared, using terms appropriate to effect the qualification. When the word “style” or “type” is used, there must be a recognized style or type of product identified with and peculiar to the area represented by the geographical term and the product must possess the characteristics of such style or type and the word “brand” shall not be used in such a way as to be false or misleading; provided, that a geographical term which has come into general usage as a trade name and which has been approved by the commissioner as being a generic term may be used without the qualifications provided for in this paragraph. The terms “frankfurter”, “vienna”, “bologna”, “lebanon bologna”, “braunschweiger”, “thuringer”, “genoa”, “leona”, “berliner”, “holstein”, “goteborg”, “milan”, “polish”, “italian” and their modifications, as applied to sausages, the terms “brunswick” and “irish” as applied to stews and the term “boston” as applied to pork shoulder butts need not be accompanied with the word “style”, “type” or “brand” or a statement identifying the locality in which the product is prepared.
   2. (2) Such terms as “farm” or “country” shall not be used on labels in connection with products unless such products are actually prepared on the farm or in the country; provided, that if the product is prepared in the same way as on the farm or in the country these terms, if qualified by the word “style” in the same size and style of lettering, may be used; provided further, that the term “farm” may be used as a part of a brand designation when qualified by the word “brand” in the same size and style of lettering, and followed with a statement identifying the locality in which the product is prepared. Sausage containing cereal shall not be labeled “farm style” or “country style” and lard not rendered in an open kettle shall not be designated as “farm style” or “country style”.
   3. (3) The requirement that the label shall contain the name and place of business of the manufacturer, packer or distributor shall not relieve any establishent from the requirement that its label shall not be misleading in any particular.

   4. (4) The term “spring lamb” or “genuine spring lamb” is applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not beyond the close of the week containing the first Monday in October.

      1. (i) Coverings shall not be of such color, design or kind as to be misleading with respect to color, quality or kind of product to which they are applied. For example, transparent or semitransparent coverings for such articles as sliced bacon or fresh (uncooked) meat and meat food products shall not bear lines or other designs of red or other color which give a false impression of leanness of the product. Transparent or semitransparent wrappers, casings or coverings for use in packaging cured, cured and smoked or cured and cooked sausage products and sliced ready-to-eat meat food products may be color tinted or bear red designs on 50 percent of such wrapper or covering: provided, that the transparent or semitransparent portion of the principal display panel is free of color tinting and red designs: and provided further, that the principal display panel provides at least 20 percent unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.

      2. (ii) Packages for sliced bacon that have a transparent opening shall be designed to expose, for viewing, the cut surface of a representative slice. Packages for sliced bacon which meet the following specifications will be accepted as meeting the requirements of this subparagraph provided the enclosed bacon is positioned so that the cut surface of the representative slice can be visually examined:

         1. (a) For shingle-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice, and this window shall be at least 1 ½ inches wide. The transparent window shall be located not more than five-eighths inch from the top or bottom edge of a 1-pound or smaller package and not more than three-fourths inch from either the top or bottom edge of a package larger than one pound.
         2. (b) For stack-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice and be at least 1 ½ inches wide.

      (5)

   5. (6) The word “fresh” shall not be used on labels to designate product which contains any sodium nitrate, sodium nitrite, potassium nitrate or potassium nitrite or which has been salted for preservation.
   6. (7) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, except that spice may be considered to be flavoring as provided in section 317.2(f)(1)(i). An ingredient that is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as “spice and coloring”, or “flavoring and coloring”, as the case may be, unless such ingredient is designated by its specific name.
   7. (8) As used on labels of product, the term “gelatin” shall mean (i) the jelly prepared in official establishments by cooking pork skins, tendons or connective tissue from inspected and passed product and (ii) dry commercial gelatin or the jelly resulting from its use.

   8. (9) Product (other than canned product) labeled with the term “loaf” as part of its name:

      1. (i) If distributed from the official establishment in consumer size containers may be in any shape;
      2. (ii) If distributed in a container of a size larger than that sold intact at retail the product shall be prepared in rectangular form, or as in (iii) of this paragraph;
      3. (iii) If labeled as an “Old Fashioned Loaf” shall be prepared in a traditional form, such as rectangular with round top or circular with flat bottom and rounded top.
   9. (10) The term “baked” shall apply only to product which has been cooked by the direct action of dry heat and for a sufficient time to permit the product to assume the characteristics of a baked article, such as the formation of a brown crust on the surface, rendering out of surface fat and the carmelization of the sugar if applied. Baked loaves shall be heated to a temperature of at least 160 degrees Fahrenheit and baked pork cuts shall be heated to an internal temperature of at least 170 degrees Fahrenheit.
   10. (11) When products such as loaves are browned by dipping in hot edible oil or by a flame, the label shall state such fact, e.g., by the words “Browned in Hot Cottonseed Oil” or “Browned by a Flame”, as the case may be, appearing as part of the product name.
   11. (12) The term “meat” and the names of particular kinds of meat, such as beef, veal, mutton, lamb and pork, shall not be used in such manner as to be false or misleading.
   12. (13) The word “ham”, without any prefix indicating the species of animal from which derived, shall be used in labeling only in connection with the hind legs of swine. Ham shanks as such or ham shank meat as such or the trimmings accruing in the trimming and shaping of hams shall not be labeled “ham” or “ham meat” without qualification. When used in connection with a chopped product the term “ham” or “ham meat” shall not include the skin.
   13. (14) The terms “shankless” and “hockless” shall apply only to hams and pork shoulders from which the shank or hock has been completely removed, thus eliminating the entire tibia and fibula, or radius and ulna, respectively, together with the overlying muscle, skin and other tissue.
   14. (15) Such terms as “meat extract” or “extract of beef” without qualification shall not be used on labels in connection with products prepared from organs or other parts of the carcass, other than fresh meat. Extracts prepared from any parts of the carcass other than fresh meat may be properly labeled as extracts with the true name of the parts from which prepared. In the case of extract in fluid form, the word “fluid” shall also appear on the label, as for example, “fluid extract of beef”.
   15. (16) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk or calcium reduced dried skim milk is added to sausage within the limits prescribed in Part 319 of this Article, there shall appear on the label in a prominent manner, contiguous to the name of the product, the name of each such added ingredient, as for example, “Cereal Added”, “With Cereal”, “Potato Flour Added”, “Cereal and Potato Flour Added”, “Soy Flour Added”, “Soy Protein Concentrate Added”, “Isolated Soy Protein Added”, “Nonfat Dry Milk Added”, “Calcium Reduced Dried Skim Milk Added” or “Cereal and Nonfat Dry Milk Added”, as the case may be.
   16. (17) When any product is enclosed in a container along with a packing substance such as brine, vinegar or agar jelly, a declaration of the packing substance shall be printed prominently on the label as part of the name of the product, as for example, “frankfurts packed in brine”, “lamb tongue packed in vinegar” or “beef tongue packed in agar jelly” as the case may be. The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.
   17. (18) “Leaf lard” is lard prepared from fresh leaf fat.
   18. (19) When lard or hardened lard is mixed with rendered pork fat or hardened rendered port fat, the mixture shall be designated as “rendered pork fat” or “hardened rendered pork fat”, as the case may be.
   19. (20) Oil, stearin or stock obtained from beef or mutton fats rendered at a temperature above 170 degrees Fahrenheit shall not be designated as “oleo oil”, “oleo stearin” or “oleo stock”, respectively.
   20. (21) When not more than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or hardened vegetable fat is mixed with lard or with rendered pork fat, there shall appear on the label, contiguous to and in the same size and style of lettering as the name of the product, the words “beef fat added”, “mutton fat added”, “oleo stearin added”, “vegetable stearin added” or “hardened vegetable fat added”, as the case may be. If more than 20 percent is added, the product name shall refer to the particular animal fat or fats used, such as, “Lard and Beef Fat”. The designation “vegetable fat” is applicable to vegetable oil, vegetable stearing, or a combination of such oil and stearin, whereas the designations “vegetable oil” and “vegetable stearin” shall be applicable only to the oil and the stearin respectively, when used in meat food products.
   21. (22) Cooked, cured or pickled pigs feet, pigs knuckles and similar products, shall be labeled to show that the bones remain in the product, if such is the case. The designation “semi-boneless” shall not be used if less than 50 percent of the total weight of bones has been removed.
   22. (23) When monoglycerides, diglycerides, and/or polyglycerol esters of fatty acids are added to rendered animal fat or a combination of such fat and vegetable fat, there shall appear on the label in a prominent manner and contiguous to the name of the product a statement such as “With Monoglycerides and Diglycerides Added”, or “With Diglycerides and Monoglycerides” or “With Polyglycerol Esters of Fatty Acids” as the case may be.

   23. (24) Colored oleomargarine or colored margarine packed for retail sale shall be in containers not exceeding one-pound capacity, labeled as follows:

       1. (i) The word “oleomargarine” or “margarine” shall appear on each principal display panel of the container in type of lettering at least as large and in at least the same prominence as any other type of lettering appearing on such container.
       2. (ii) A full and accurate statement of all the ingredients contained in such oleomargarine or margarine shall be prominently and informatively displayed contiguous to the word “oleomargarine” or “margarine” wherever such word is featured on the container. The ingredients shall be shown by their common or usual name and be arranged in the order of their predominance. Collective terms such as “animal fat” and “vegetable fat” shall not be used but the specific fat, oil or stearin shall be shown.
       3. (iii) Each part of the contents of the container shall be enclosed in a wrapper bearing the word “oleomargarine” or “margarine” in type or lettering not smaller than 20-point type.
       4. (iv) Wrapped quarter pound sticks or similar units of such oleomargarine or margarine packaged together in a container may constitute units for retail sale and they shall be individually wrapped and labeled in accordance with subparagraphs (i), (ii) and (iii) of this paragraph.
   24. (25) When approved proteolytic enzymes as permitted in Part 318 of this Article are used on steaks or other meat cuts in an official establishment, there shall appear on the label contiguous to the product name, a prominent descriptive statement, such as “Dipped in a solution of Papain”, to indicate the use of such enzymes.
   25. (26) When dimethylpolysiloxan is added as an antifoaming agent to rendered fats, its presence shall be declared on the label contiguous to the name of the product. Such declaration shall read “Dimethylpolysiloxan Added”.
   26. (27) When pizzas are formulated with crust containing calcium propionate or sodium propionate, there shall appear on the label contiguous to the name of the product the statement “____ added to retard spoilage of crust” preceded by the name of the preservative.
   27. (28) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by Part 318 of this Article, shall be marked or labeled with a statement disclosing such treatment and the purpose thereof, such as “dipped in a potassium sorbate solution to retard mold growth”.
   28. (29) Meat of goats shall be identified as goat meat or chevon.
   29. (30) The term “chitterlings” shall apply to the large intestines of swine, or young bovine animals when preceded with the ward “calf” or “veal”. Meat food products that contain chitterlings or calf or veal chitterlings, in accordance with section 318.6(b)(8) of this Article shall be identified with product names that refer to such ingredients, as for instance, “Chitterling Loaf”, “Chitterling Pie”, or “Calf Chitterlings and Gravy”, and shall be packed in containers having a capacity of three pounds or less and of a kind usually sold at retail intact and bearing such other information as is required by this Part.
   30. (31) Products that contain blood from livestock as permitted by Part 318 of this Article shall be labeled with a name that includes the term “blood”, and the specific kind of blood shall be declared in the ingredient statement, e.g., “Swine blood”, in the manner required by this Part.

   31. (32) A calendar date may be shown on labeling when declared in accordance with the provisions of this paragraph:

       1. (i) The calendar date shall express the month of the year and the day of the month for all products and also the year in the case of products hermetically sealed in metal or glass containers, dried or frozen products, or any other products that the commissioner finds should be labeled with the year because the distribution and marketing practices with respect to such products may cause a label without a year identification to be misleading.
       2. (ii) Immediately adjacent to the calendar date shall be a phrase explaining the meaning of such date, in terms of “packing” date, “sell by” date, or “use before” date, with or without a further qualifying phrase, e.g., “For Maximum Freshness” or “For Best Quality”, and such phrases shall be approved by the commissioner as prescribed in section 317.4 of this Part.
   32. (33) When bread, cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, or isolated soy protein is added in bockwurst as permitted in section 319.281 of this Article, there shall appear on the label in a prominent manner and contiguous to the product name, the name of such added ingredient, e.g., “bread added”, “cereal added”, or “soy protein concentrate added”, as the case may be.
   33. (34) The terms, “all”, “pure”, “100%”, and terms of similar connotation shall not be used on labels for products to identify ingredient content, unless the product is prepared solely from a single ingredient.

Agriculture and Markets Law, § 96-z-34