5K-5.003. Tagging or Labeling Dressed (Ready-to-Cook) Poultry

(1) GRADE AND PART NAME OR WHOLE BIRD STATEMENT. The required declaration of grade and part name or whole bird statement must appear on the face of all tags or labels; and, in the case of reversible tags where trade-marks and extraneous advertising material are shown on both sides, then the state requirement of grade and part name or whole bird statement must appear on both sides. The state required declaration of grade and part name or whole bird statement must be separate and distinct and not subordinated to extraneous advertising material and must be plainly and legibly printed. Trade-marks, advertising and sales legends that do not conflict with nor becloud the grade and part name or whole bird statement may appear on such tags or labels.

(2) FRESH AND FROZEN POULTRY (WHOLE, CUT-UP, AND PARTS).

(a) Wholesale. Whole birds, cut-up and parts must be labeled or have imprinted or stamped on the individual wrappers the state requirement of grade, part name or whole bird statement and the name and address of the dealer. For labeling instructions of individual parts, such as thighs, breasts, wings, etc., refer to subsection 5K-5.010(2), F.A.C. Boneless, skinless breasts may or may not carry a grade, giblets and stripped backs do not carry a grade but must be labeled to meet the other requirements.

(b) Retail (Not packaged; Bulk). In refrigerated cases with open displays of unpackaged ready-to-cook poultry, placards declaring the grade and part name or whole bird statement must be displayed immediately adjacent thereto. The size of the print used on such placard shall be that stated in the law.

(c) Retail (Packaged). Packaged ready-to-cook poultry offered for sale at retail must be labeled to show grade, part name or whole bird statement, net weight, and name and address of the dealer. The size of the type on the label shall be that stated in the law.

(3) LABELING MASTER CONTAINERS.

(a) All master containers in which dressed poultry (ready-to-cook), either loose or in smaller containers or individual wrappers, must also be labeled or have imprinted or stamped thereon the state requirement of grade, part name or whole bird statement, name and address of dealer of the poultry contained therein. The size of print used in such declaration must be that stated in the law.

(b) The requirement for declaring grade applies to all packages, and, in the case where poultry has been processed, packed or frozen in other states and shipped into Florida for sale within the state of Florida does not obviate or exempt the requirements for declaration by either tagging, imprinting, or stamping with a rubber stamp on all such master containers.

(4) TYPE OF TAG OR LABEL. The type of tag or label used is optional; however, the tag or label cannot be re-used. The size of print used in declaration of grade and part name or whole bird statement must be that stated in the law. A sample of proposed tag or label should be submitted to the Department for approval.

(5) REPLACING TAGS OR LABELS. Tags or labels may be replaced on dressed poultry when it is determined by official state inspection that tags or labels affixed are inaccurate or in violation of the provisions of the Florida poultry law or rules promulgated thereunder. In such case proper tags or labels shall be affixed in compliance with the law and rules, under supervision of a state inspector.

Rulemaking Authority 583.04, 583.17 FS. Law Implemented 583.12, 583.13, 583.17 FS. History–Amended 2-1-74, Repromulgated 12-31-74, Amended 7-22-75, 12-23-84, Formerly 5E-7.03, 5E-7.003.