Chapter 901:3-31 Meat, Poultry, and Fish

901:3-31-01 Definitions.

As used in these regulations, unless otherwise required by the context, the following terms shall be construed, respectively, to mean:

(A) The Act The Act is Chapter 3715 of the Ohio Revised Code.

(B) The Department The Department is the Ohio Department of Agriculture, or any cooperating agency authorized by the director.

(C) Director Director means the Director of Agriculture.

(D) Inspector Inspector is the director or his duly appointed representative.

(E) Program employee is any inspector or other individual employed by the department or any cooperating agency who is authorized by the director to do any work or perform any duty in connection with the department.

(F) Establishment Establishment is any place whether temporary or permanent, stationary or mobile, or whether it be considered public, semipublic, or private, where meat, poultry, fish, meat or poultry by-products are prepared, processed, manufactured, packaged, stored, sold, or offered for sale, the following places are exempted:

(1) Homes containing what is commonly known as the family unit and their non-paying guests.

(2) Establishments required to be registered under sections 918.08 or 918.28 of the Ohio Revised Code.

(3) Establishments which are subject to Federal Meat Inspection as provided by the Federal Wholesome Meat Act of 1967.

(G) Capable of Use as Human Food As applied to any animal carcass, part thereof, or meat product, means any animal carcass, part thereof, or meat food product which is not denatured or otherwise identified as required by State and Federal law or regulations to deter its use as human food, and which is naturally edible by humans.

(H) Edible Intended for use as human food.

(I) Inedible Adulterated, uninspected, or not intended for use as human food.

(J) Prepared Prepared means slaughtered, canned, salted, rendered, boned, cut up, smoked, cooked or otherwise manufactured or processed.

(K) Adulterated Adulterated, as applied to any meat, fish or poultry product, or meat, fish or poultry by-product, has the same meaning as used in Sections 3715.59 and 3715.62 of the Ohio Revised Code.

(L) Misbranded Misbranded, as applied to meat, fish and poultry products and meat, fish or poultry by-products, has the same meaning as used in section 3715.60 of the Ohio Revised Code.

(M) Label Label is the display of written, printed, or graphic matter upon the immediate container (including package liners) of any article, in accordance with the requirements of regulations 901:6-3-01 through 901:6-3-12 and 901:3-59-01 adopted pursuant to Chapter 3715 of the Ohio Revised Code.

(N) Federal Food, Drug and Cosmetic Act The Act so entitled, approved June 25, 1938 (52 Stat. 1040 21 USC 301 ), and Act amendatory thereof or supplementary thereto.

(O) Meat The part of the muscle of any cattle, sheep, swine, rabbit or goats, which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears. This term, as applied to products of equines, shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, rabbits and goats.

Meat By-product Any part capable of use as human food, other than meat, which has been derived from one or more cattle, sheep, swine, rabbits or goats. This term, as applied to products of equines, shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, rabbits and goats.

(P) Meat Food Product Any article capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, rabbits, or goats, except those exempted from definition as a meat food product by the director in specific cases or by the regulations, upon a determination that they contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and provided that they comply with any requirements that are imposed in such cases or regulations as conditions of such exemptions to assure that the meat or other portions of such carcasses contained in such articles are not adulterated and that such articles are not represented as meat food products. This term, as applied to food products of equines, shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, rabbits and goats.

(Q) Immediate Container The receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

(R) Shipping Container The outside container (box, bag, barrel, crate, or other receptacle or covering) containing or wholly or partly enclosing any product packed in one or more immediate containers.

(S) Poultry "Poultry" means any domesticated bird, chickens, turkeys, ducks, geese, guineas, or other fowl, whether live or dead.

(T) Poultry Product This term means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof.

(U) Fish The edible portions of aquatic animals.

(V) Fish Product This term means any fish or part thereof, or any product which is made wholly or in part from any fish or part thereof.

(W) Artificial Flavoring A flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.

(X) Artificial Coloring A coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.

(Y) Chemical Preservatives Any chemical that, when added to a meat or meat food product, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, or oils extracted from spices or substances added to meat and meat food products by exposure to wood smoke.

(Z) Primal Cut The definition of primal cuts of meat derived from the carcasses of cattle, sheep, swine, rabbits, or goats shall be those published by the National Livestock and Meat Board.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69
Rule Amplifies: 3715.01 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-02 Labeling requirements.

(A) Labels of any meat, meat food product, meat by-product, poultry, poultry food product, poultry by-product, fish, or fish food product which is prepared, processed, manufactured, packaged, stored, sold, or offered for sale in a retail establishment shall be in compliance with Ohio Department of Agriculture regulations 901:6-3-01 through 901:6-3-12 and 901:3-59-01.

(B) Labels of any product within any of the following paragraphs shall show the information required by such paragraph for such product:

(1) The nomenclature used to identify or label retail cuts of fresh meats shall be identical to the nomenclature adopted by the National Livestock and Meat Board. In order to be identified by any particular title, a retail meat cut must be derived from the primal cut from which meat cuts with this title are properly derived.

(2) Any labeling device affixed to or associated with any retail meat cut must bear the identifying title of the cut as recognized by the National Livestock and Meat Board and contiguous to this title must be a statement describing the primal cut from which the retail cut was derived, e.g., "Beef Rib Eye steak from the rib," "Beef cube steak from the chuck."

(3) A label for a product which is an imitation of another food shall bear the word "imitation" immediately preceding the name of the food imitated and in the same size and style of lettering as in that name and immediately thereafter the word "ingredients" and the names of the ingredients arranged in the descending order of their predominance.

(4) If a product purports to be or is represented for any special dietary use by man, its label shall bear a statement concerning its vitamin, mineral, and other dietary properties upon which the claim for use is based in whole or in part, shall be in conformity with regulations ( 21 CFR Part 125 ) established pursuant to sections 403 and 701 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 , 21 U.S.C. 371 ).

(5) When an approved artificial smoke flavoring or an approved smoke flavoring is added as an ingredient in the formula of a meat food product, as permitted in regulations no. 901:3-31-07 through 901:3-31-09 there shall appear on the label, in prominent letters and contiguous to the name of the product, a statement such as "Artificial Smoke Flavoring Added" or "Smoke Flavoring Added", as may be applicable, and the ingredient statement shall identify any artificial smoke flavoring so added as an ingredient in the formula of the meat food product.

(6) When any other artificial flavoring is permitted under regulations no. 901:3-31-07 through 901:3-31-09 to be added to a product, the ingredient statement shall identify it as "Artificial Flavoring".

(7) When artificial coloring is added to edible fats as permitted under regulations no. 901:3-31-07 through 901:3-31-09, such substance shall be declared on the label in a prominent manner and contiguous to the name of the product by the words "Artificially Colored" or "Artificial Coloring Added" or "With Added Artificial Coloring".

(8) When product is placed in a casing to which artificial coloring is applied as permitted under regulations numbered 901:3-31-07 through 901:3-31-09 there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words, "Artificially Colored".

(9) If a casing is removed from product at an establishment and there is evidence of artificial coloring on the surface of the product, there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words "Artificially Colored".

(10) When a casing is colored prior to its use as a covering for product and the color is not transferred to the product enclosed in the casing, no reference to color need appear on the label but no such casing may be used if it is misleading or deceptive with respect to color, quality, or kind of product, or otherwise.

(11) Product which bears or contains any other artificial coloring, as permitted under regulations number 901:3-31-07 through 901:3-31-09 shall bear a label stating that fact on the immediate container or if there is none, on the product.

(12) When an antioxidant is added to product as permitted under regulations number 901:3-31-07 through 901:3-31-09 there shall appear on the label in prominent letters and contiguous to the name of the product, a statement identifying the officially approved specific antioxidant by its common name or abbreviation thereof and the purpose for which it is added, such as, "BHA, BHT, and Propylgallate added to help protect flavor".

(C) Packaged meat or meat products which require special handling to maintain their wholesome condition shall have prominently displayed on the principal display panel of the label the statement: "Keep Refrigerated", "Keep Frozen", "Perishable -Keep Under Refrigeration", or such similar statement as the director may approve in specific cases. Products that are distributed frozen during distribution and thawed prior to or during display for sale at retail shall bear the statement on the shipping container: "Keep Frozen". The consumer-size containers for such products shall bear the statement "Previously Handled, Frozen for Your Protection, Refreeze or Keep Refrigerated." For all perishable canned products that statement shall be shown in upper case letters one-fourth inch in height for containers having a net weight of three (3) pounds or less, and for containers having a net weight over three (3) pounds, the statement shall be in upper case letters at least one-half inch in height.

(D) Poultry, and/or poultry products, or fish, and/or fish products, in consumer size containers shall bear the statement "Previously Handled Frozen."

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69
Rule Amplifies: 3715.60
Prior Effective Dates: 5-11-74

901:3-31-03 False or misleading labeling or practices generally: specific prohibitions and requirements for labels and containers.

(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 made, formed or filled as to be misleading.

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

(1) Terms having geographical significance with reference to a locality 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 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 director 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", and their modifications, as applied to sausages, the terms "Brunswick" and "Irish" need not be accompanied with the word "style", "type", or "brand", or a statement identifying the locality in which the product is prepared.

(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 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) The term "spring lamb" or "genuine spring lamb" is applicable only to carcasses or carcass cuts of new-crop lambs.

(4) 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 wrapper, 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 fifty per cent 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 twenty per cent unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.

Packages for sliced bacon that have a transparent opening shall be designed to expose, for viewing, the cut surface of a representative slice.

(5) 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) 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 within the meaning of such term as commonly understood by consumers. The term "spice" shall be shown for all natural spices. An ingredient which 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 ingredients designated by its specific name.

(7) As used on labels of product, the term "gelatin" shall mean (a) the jelly prepared in establishments by cooking pork skins, tendons, or connective tissue from inspected and passed product, and (b) food grade dry commercial gelatin or the jelly resulting from its use.

(8) 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 caramelization of the sugar if applied. Baked loaves shall be heated to an internal temperature of at least 160°F. and baked pork cuts shall be heated to an internal temperature of at least 170°F.

(9) 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.

(10) 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.

(11) 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 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.

(12) 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 radious and ulna, respectively, together with the overlying muscle, skin, and other tissue.

(13) Such terms as "meat extract" or "extract of beef without qualifications shall not be used on labels of 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.

(14) 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 regulation 901:3-31-10 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", "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.

(15) 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, "Franfurters Packed in Brine", "Ham Tongue Packed in Vinegar", or "Beef Tongue Packed in Agar Jelly", as the case may be. The packing substances shall not be used in such a manner as will result in the container being so filled as to be misleading.

(16) 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.

(17) When approved proteolytic enzymes as permitted in regulations 901:3-31-05 through 901:3-31-07 are used on steaks or other meat cuts in an 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.

(18) Sausage of the dry varieties treated with potassium sorbate or propylparaben

(propyl p-hydroxybenzoate) as permitted by regulations 901:3-31-05 thru 901:3-31-07 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".

(19) Meat of goats shall be identified as goat meat or chevon.

(20) The immediate containers of any equine products shall be labeled to show the kinds of animals from which derived, when the products are sold, transported, offered for sale or received for transportation in commerce.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69
Rule Amplifies: 3715.60
Prior Effective Dates: 5-11-74

901:3-31-04 Labeling, filling of containers, handling of labeled products to be only in compliance with regulations.

(A) No person shall in any establishment apply or affix, or cause to be applied or affixed, any label to any product prepared or received in such an establishment, which is not in compliance with the regulations 901:3-31-02 and 901:3-31-03.

(B) No covering or other container shall be filled, in whole or in part, at any establishment with any product unless it has been prepared in compliance with regulations 901:3-31-01 through 901:3-31-16 is not adulterated, and is strictly in accordance with the statements on the label.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69
Rule Amplifies: 3715.60
Prior Effective Dates: 5-11-74

901:3-31-05 Preparation of product.

Product, such as pork tenderloins, brains, sweetbreads, stew or chop suey, shall not be packed in heremetically sealed metal or glass containers, unless subsequently heat processed or otherwise treated to preserve the product in a manner approved by the director, set forth in 901:2-1-01 Section 318.11.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02
Prior Effective Dates: 5-11-74

901:3-31-06 Requirements concerning ingredients and other articles used in preparation of products.

(A) All ingredients and other articles used in the preparation of any product shall be clean, sound, healthful, wholesome, and otherwise such as will not result in the product being adulterated. Establishments shall furnish inspectors with accurate information on all procedures involved in product preparation including product composition.

(B) Only those animal or natural casings which have been carefully washed and thoroughly flushed with safe water immediately before stuffing and are suitable for containers, and are clean, shall be used, except that preflushed animal casings packed in salt or salt and glycerine solution or other approved medium may be used without additional flushing, provided they are found to be clean and otherwise acceptable and are thoroughly rinsed before use.

(1) Hog and sheep casings intended for use as containers of product may be treated by soaking in or applying thereto sound, fresh pineapple juice or papain or bromelin or pancreatic extract to permit the enzymes contained in these substances to act on the casings to make them less resistant. The casings shall be handled in a clean and sanitary manner throughout and the treatment shall be followed by washing and flushing the casings with safe water sufficiently to effectively remove the substance used and terminate the enzymatic action.

(2) On account of the invariable presence of bone splinters, detached spinal cords shall not be used in the preparation of edible product other than for a rendering where they constitute a suitable raw material.

(3) The use of lungs, eyes, udders, ears, liquid or dried blood, spinal cords, intestines, testicles, tonsils, cracklings or crackling meal is prohibited in food for human consumption, except blood for blood pudding.

(4) Poultry products and egg products (other than shell eggs) which are intended for use as ingredients of meat food products shall be considered acceptable for such use only when identified as having been inspected and passed for wholesomeness by the department or the USDA and when found to be sound and otherwise acceptable when presented for use.

(5) Dry milk products which are intended for use as ingredients of meat food products shall be considered acceptable for such use only when produced in a plant approved by the department or the USDA, and when found to be sound and otherwise acceptable when presented for use.

(6) Ingredients for use in any product may not bear or contain any pesticide chemical or other residues in excess of levels permitted by the Federal Food, Drug, and Cosmetic Act, regulations promulgated under this Act and/or administrative guidelines referring to this Act.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-07 Approval of substances for use in the preparation of product.

(A) No chemical substance may be used in the preparation of any product unless it is approved in this part or by regulation 901:3-31-06 and 901:3-31-11 or by the director in specific cases.

(1) No product shall bear or contain any substance which would render it adulterated or which is not approved in regula-tion 901:3 -31 -06, 901:3 -31 -11 or by the director in specific cases.

(2) The substance specified in the following charts are acceptable for use in the preparation of products, provided they are used for the purposes indicated, within the limits of the amounts stated and under other conditions specified in this regulation and regulations 901:3-31-02 through 901:3-31-04. In addition to the substances listed in the following chart, regulations 901:3-31-06 and 901:3-31-11 specify other substances that are acceptable in preparing specified products.

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(B) No substance may be used in or on any product if it conceals damage or inferiority or makes the product appear to be better or of greater value than it is. Therefore:

(1) Paprika or oleoresin paprika may not be used in or on fresh meat, such as steaks, or comminuted fresh meat food products, such as chopped and formed steaks or patties; or in any other meat food products consisting of fresh meat (with or without seasoning), except chorizo sausage and Italian brand sausage, and except other meat food products in which paprika or oleoresin paprika is permitted as an ingredient in a standard of identity or composition in regulation no. 901:3-31-11

(2) Sorbic acid, calcium sorbate, sodium sorbate, and other sorbate salts or sorbic acid may not be used in cooked sau-sage or any other product; sulfurous acid and salts of sulfurous acid may not be used in or on any product and niacin or nicotinamide may not be used in or on fresh product, except that potassium sorbate, propylparaben (propyl p-hydroxy-benzoate), calcium propionate, sodium propionate, benzoic acid, and sodium benzoate may be used in or on any product only as provided in the chart in Part (A)(2) of this regulation or as approved by the director in specific cases.

(C) Samples of products, water, dyes, chemicals, etc., to be taken for examination:

Samples of products, water, dyes, chemicals, preservatives, spices, or other articles in establishment shall be taken, without cost to the department, for examination, as often as may be deemed necessary for the efficient conduct of the inspection.

R.C. 119.032 review dates: 06/11/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-08 Prescribed treatment of pork and products containing pork to destroy trichinae.

(A) All forms of fresh pork, including fresh unsmoked sausage containing pork muscle tissue, and pork such as bacon and jowls, other than those covered by paragraph (B) of this section, are classed as products that are customarily well cooked in the home or elsewhere before being served to the consumer. Therefore, the treatment of such products for the destruction of trichinae is not required.

(B) Products named in this paragraph, and products of the character thereof, containing pork muscle tissue (not including pork hearts, pork stomachs, and pork livers), or the pork muscle tissue which forms an ingredient of such products, shall be effectively heated, refrigerated, or cured to destroy any possible live trichinae, as prescribed in this section at the establishment where such products are prepared: Bologna, Frankfurts, Viennas, smoked sausage, Knoblauch sausage, Mortadella; all forms of summer or dried sausage, including Mettwurst, ground meat mixtures containing pork and beef, veal, lamb, mutton, or goat meat and prepared in such a manner that they might be eaten rare or without thorough cooking (unless labeled with a statement warning the consumer to thoroughly cook before eating, e.g., "Thoroughly cook before eating", flavored pork sausage such as those containing wine or similar flavoring material; cured pork sausage; sausage containing cured and/or smoked pork; cooked loaves; roasted, baked, boiled, or cooked hams, pork shoulders, or pork shoulder picnics; Italian-style hams; Westphalia-style hams; smoked boneless pork shoulder butts; cured meat rolls; capocollo (capicola, capacola); coppa; fresh or cured boneless pork shoulder butts, hams, loins, shoulders, shoulder picnics, and similar pork cuts, in casings or other containers in which ready-to-eat delicatessen articles are customarily enclosed (excepting Scotch style hams); breaded pork products; cured boneless pork loins; boneless back bacons; bacon used for wrapping around patties; steak and similar products; and smoked pork cuts such as hams, shoulders, loins, and pork shoulder picnics (excepting smoked hams). Cured boneless pork loins shall be subjected to prescribed treatment for destruction of trichinae prior to being shipped from the establishment where cured.

(C) The treatment shall consist of heating or refrigeration.

(1) Heating: All parts of the pork muscle tissue shall be heated to an internal temperature not lower than 137°F., and the method used shall be one known to insure such a result. On account of differences in methods of heating and in weights of products undergoing treatment, it is impracticable to specify details of procedures for all cases.

(2) Refrigeration: The treatment for trichinae can also be accomplished by refrigeration by subjecting the product to a continuous time and temperature not higher nor longer than those specified in the following table:

Required Period of Freezing at Temperature Indicated

Separate Piece

Maximum Thickness Temperature -°F. Days

6" 5 20

6" - 10 10

6" - 20 6

(D) The treatment of pork and products containing pork as named in paragraph (B) of this section to destroy trichinae is not necessary in the retail establishment provided that:

(1) The establishment utilized certified pork in the production of all such products. The proof of certification of such pork will be the responsibility of the establishment.

(2) The pork for use in such products has been satisfactorily treated to destroy trichinae prior to arrival at the retail establishment.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-09 Use of separate grinders, or complete cleanup between processing of pork or pork products and meat or poultry products of other species.

Separate grinders shall be used when the processing of pork or pork products is done simultaneously with or prior to the processing of meat or poultry products of other species. If separate grinders are not provided and used, the establishment will accomplish a complete and thorough cleanup between the processing of pork or pork products and meat or poultry products of other species.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-10 Tagging chemicals, preservatives, cereals, spices, etc., embargoed.

When any chemical, preservative, cereal, spice, or other substance is intended for use in an establishment, it may be examined by a program employee and if found to be unfit or otherwise unacceptable for the use intended, or if final decision regarding acceptance is deferred pending laboratory or other examination, the employee shall attach an "Embargoed" tag to the substance or container thereof. The substance so tagged shall be kept separate from other substances as the program employee may require and shall not be moved until the tag is removed, and such removal shall be made only by a program employee after a finding that the substance can be accepted, or, in the case of an unacceptable substance, when it is removed from the establishment under the supervision of a program employee.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-11 Meat standards of identity or composition.

(A) Labeling and Preparation of Standardized Products.

Labels for products for which standards of identity or composition are prescribed in this part shall show the appropriate product name, and shall be in compliance with regulation no. 901:6-3-01 through 901:6-3-12 and 901:3-59-01 of the Ohio Department of Agriculture, and regulation no. 901:3-31-02 through 901:3-31-04 of this chapter, and such products shall be prepared in accordance with the special provisions, if any, in this part and otherwise in accordance with the general provisions in this regulation. Any product for which there is a common or usual name must consist of ingredients and be prepared by the use of procedures common or usual to such products insofar as specific ingredients or procedures are not prescribed or prohibited by the provisions of this subchapter.

(B) Miscellaneous Beef Products.

(1) Chopped Beef, Ground Beef. "Chopped Beef" or "Ground Beef", or "Chopped Beef" or "Ground Beef" in combination with other words, shall consist of chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, shall not contain more than 30 percent fat, and shall not contain added water, binders, or extenders. When beef cheek meat (trimmed beef cheeks) is used in the preparation of chopped or ground beef, the amount of such cheek meat shall be limited to 25 percent; and if in excess of natural proportions, its presence shall be declared on the label, in the ingredient statement required by regulation 901:3-31-04 if any, and otherwise contiguous to the name of the product.

(2) Hamburger "Hamburger" or "burger", or "burger" in combination with other words, shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning, shall not contain more than 30 percent fat, and shall not contain added water, binders, or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of hamburger only in accordance with the conditions prescribed in paragraph (1) of this section.

(3) Beef Patties "Beef Patties" shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasonings. Binders or extenders and/or partially defatted beef fatty tissue may be used without added water or with added water only in amounts such that the product's characteristics are essentially that of a meat pattie.

(4) Fabricated Steak Fabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as those labeled "Beef steak, Chopped, Shaped, Frozen", "Minute Steak, Formed, Wafer Sliced, Frozen", "Veal Steaks, Beef Added, Chopped-Molded-Cubed-Frozen, Hydrolized Plant Protein and Flavoring" shall be prepared by comminuting and forming the product from fresh and/or frozen meat, with or without added fat, of the species indicated on the label. Such products shall not contain more than 30 percent fat and shall not contain added water, binders or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of fabricated beef steaks only in accordance with the conditions prescribed in paragraph (1) of this section.

(5) Partially Defatted Beef Fatty Tissue.

"Partially Defatted Beef Fatty Tissue" is a beef by-product derived from the low temperature rendering (not exceeding 120°F.) of fresh beef fatty tissue. Such product shall have a pinkish color and a fresh odor and appearance.

(C) Miscellaneous Pork Products.

Partially Defatted Pork Fatty Tissue. "Partially Defatted Pork Fatty Tissue" is a pork by-product derived from the low temperature rendering (not exceeding 120°F.) of fresh pork fatty tissue, exclusive of skin. Such product shall have a pinkish color and a fresh odor and appearance.

(D) Barbecued Meats.

Barbecued meats, such as product labeled "Beef Barbecue" or "Barbecued Pork", shall be cooked by the direct action of dry heat resulting from the burning of hard wood or the hot coals therefrom for a sufficient period to assume the usual characteristics of a barbecued article, which include the formation of a brown crust on the surface and the rendering of surface fat. The product may be basted with a sauce during the cooking process. The weight of barbecued meat shall not exceed 70 per cent of the weight of the fresh uncooked meat.

(E) Roast Beef Parboiled and Steam Roasted.

"Roast Beef Parboiled and Steam Roasted" shall be prepared so that the weight of the finished product, excluding salt and flavoring material, shall not exceed 70 per cent of the fresh beef weight. Beef cheek meat and beef head meat from which the overlying glandular and connective tissues have been removed, and beef heart meat, exclusive of the heart cap, may be used individually or collectively to the extent of 5 per cent of the meat ingredients in the preparation of canned product labeled "Roast Beef Parboiled and Steam Roasted." When beef cheek meat, beef head meat, or beef heart meat are used in the preparation of this product, its presence shall be reflected in the statement of ingredients required by regulations 901:3-31-02 through 901:3-31-04.

(F) Corned Beef

"Corned Beef" shall be prepared from beef briskets, navels, clods, middle ribs, rounds, rumps, or similar cuts using one or a combination of the curing ingredients specified in regulation 901:3-31-06. Canned product labeled "Corned Beef" shall be prepared so that the weight of the finished product, excluding cure, salt, and flavoring material, shall not exceed 70 per cent of the fresh beef weight. Corned beef other than canned shall be cured in pieces weighing not less than one pound, and if cooked, its weight shall not exceed the weight of the fresh uncured beef. Beef cheek meat, beef head meat and beef heart meat may be used to the extent of 5 per cent of the meat ingredient in preparation of this product when trimmed as specified in regulation no. 901:3-31-11(E). When beef cheek meat, beef head meat, or beef heart meat are used in preparation of this product, its presence shall be reflected in the statement of ingredients required by regulations 901:3-31-02 through 901:3-31-04. The application of curing solution to beef cuts, other than briskets, which are intended for bulk corned beef, shall not result in an increase in the weight of the finished cured product of more than 10 per cent over the weight of the fresh uncured meat.

(G) Corned Beef Brisket

In preparing "Corned Beef Briskets," the application of curing solution to the beef brisket shall not result in an increase in the weight of the finished cured product of more than 20 per cent over the weight of the fresh uncured brisket. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured brisket.

(H) Corned Beef Round and Other Corned Beef Cuts.

In preparing "Corned Beef Round" and other corned beef cuts, except "Corned Beef Briskets," the curing solution shall be applied to pieces of beef weighing not less than one pound and such application shall not result in an increased weight of the cured beef product of more than 10 per cent over the weight of the fresh uncured beef cut. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured beef cut.

(I) Cured Beef Tongue.

In preparing "Cured Beef Tongue," the application of curing solution to the fresh beef tongue shall not result in an increase in the weight of the cured beef tongue of more than 10 per cent over the weight of the fresh uncured beef tongue.

(J) Cured Pork Products, Unsmoked and Smoked.

(1) Cured, Unsmoked Products. Cured, unsmoked "Boneless Pork Shoulder," "Boneless Pork Shoulder Butts," or pieces of pork loin in casings or similar containers of consumer size, shall not contain more than 10 per cent added substances as a result of the curing process.

(2) Smoked Products. The finished weight of any smoked products such as "Ham," "Pork Shoulder," "Pork Shoulder Picnic," "Pork Shoulder Butt," or similar products, except such products prepared for canning, shall not exceed the weight of the fresh uncured article.

(3) Other Cooked, Cured Products. The preparation of any cooked, cured products, such as "Ham," "Pork Shoulder," "Pork Shoulder Picnic," "Pork Shoulder Butt," and "Pork Loin," or similar products, either by moist or dry heat (except such products prepared for canning), shall not result in the finished cooked product weighing more than the fresh uncured product.

(4) Cured, Water Added Products. Products resembling standardized ham and other pork products of the kinds provided for in paragraph (2) or (3) of this section, which do not conform to such provisions because they contain added water not in excess of 10 per cent of the weight of the fresh, uncured products, shall bear on their labels the term "Water Added," as a part of the product name, in prominent lettering not less than three-eighths inch in height, and if not placed in a consumer-size package labeled in accordance with this part and regulations nos. 901:3-31-02 through 901:3-31-04 shall be marked with the term "Water Added" the full length of the product. However, the director may approve smaller lettering for labels of small packages, such as 4-ounce packages, when he finds that the size and style of the lettering in connection with the product name are such as to insure the prominence of the required terms. The qualifying phrase "Up to 10 Percent" or equivalent phrase may be used in labeling such products in connection with the term "Water Added" at the option of the operator of the establishment, provided the qualifying phrase does not detract from the prominence of the term "Water Added."

(5) Canned Products. The preparation of any canned products such as "Ham," "Pork Shoulder Picnic" or similar products, shall not result in an increase in weight of more than 8 per cent over the weight of the fresh uncured article.

(6) Pressed Ham, Spiced Ham, and Similar Products. "Pressed Ham," "Pressed Ham with Natural Juices," "Spiced Ham," and similar products may contain finely chopped ham shank meat to the extent of 25 per cent over that normally present in the boneless ham. The weight of the cured chopped ham prior to processing shall not exceed the weight of the fresh uncured ham, exclusive of the bone and fat removed in the boning operation, plus the weight of the curing ingredients and 3 per cent moisture.

(K) Chopped Ham.

(1) "Chopped Ham" is the semisolid meat food product, in the form of a compact mass with a limited amount of cooked out juices, which is prepared with ham, curing agents, seasonings, and any of the optional ingredients listed in paragraph (K)(2) of this section, in accordance with the provisions of subparagraphs (a), (b), and (c) of this paragraph.

(a) Fresh ham, cured ham, or smoked ham, or a mixture of two or more of such meat components may be used. The weight of the cured chopped ham prior to processing shall not exceed the weight of the fresh uncured ham and fresh uncured ham shank meat if any is used, exclusive of the bones and fat removed in the boning operations, plus the weight of the curing ingredients and 3 per cent moisture.

(b) The curing agents that may be used, singly or in combination, are salt, sodium nitrite, sodium nitrate, potassium nitrate, and potassium nitrite; if used, singly or in combination, the amount thereof shall not exceed that permitted in regulations 901:3-31-06 and 901:3-31-07.

(c) The seasonings that may be used singly or in combination are salt, sugar (sucrose or dextrose), spice, and flavoring, including essential oils, oleoresins and other spice extractives.

(2) Chopped ham may contain one or more of the following optional ingredients:

(a) Finely chopped ham shank meat (fresh, cured, or smoked, or a combination thereof) to the extent of not more than 25 per cent over that normally present in the boneless ham;

(b) Water, for the purpose of dissolving the curing agents, and not in excess of the amount permitted in paragraph (1)(a) of this section;

(c) Monosodium glutamate;

(d) Hydrolyzed plant protein;

(e) Corn syrup solids, corn syrup and glucose syrup, singly or in combination, in an amount not to exceed 2 per cent (calculated on a dry basis) of all the ingredients used in preparing the chopped ham;

(f) Disodium phosphate, sodium hexamethaphosphate, sodium tripolyphosphate, sodium pyrophosphate, and sodium acid pyrophosphate, singly or in combination, in an amount not to exceed that permitted in regulation 901:3-31-07.

(g) Ascorbic acid, sodium ascorbate, isoascorbic acid or sodium isoascorbate in an amount not to exceed that permitted in regulation 901:3-31-07.

(h) Dehydrated onions or onion powder;

(i) Dehydrated garlic or garlic powder.

(L) Sausage

Except as otherwise provided in this section, or under the Poultry Products Inspection Act with respect to products consisting partly of poultry, sausage is the coarse or finely comminuted meat food product prepared from one or more kinds of meat or meat and meat by-products containing various amounts of water as provided for elsewhere in this part, and usually seasoned with condimented proportions of condimental substances, and frequently cured. Certain sausage as provided for elsewhere in this part may contain binders and extenders; e.g., cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced skim milk or dried milk. The finished product shall contain no more than 3.5 per cent of these additives individually or collectively. Two per cent of isolated soy protein shall be deemed equivalent to 3 1/2 per cent of any one or more of these binders. Sausage may not contain phosphates except that uncooked pork from cuts cured with phosphates listed in regulation 901:3-31-07 may be used in cooked sausage.

(M) Fresh Pork Sausage

"Fresh Pork Sausage" is sausage prepared with fresh pork or frozen pork, or both, not including pork by-products, and may be seasoned with condimental substances as permitted in regulation 901:3-31-05 through 901:3-31-07. It shall not be made with any lot of product which, in the aggregate, contains more than 50 per cent trimmable fat, that is, fat which can be removed by thorough, practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 per cent of the total ingredients used.

(N) Fresh Beef Sausage.

"Fresh Beef Sausage" is sausage prepared with fresh beef or frozen beef, or both, not including beef by-products, and may be seasoned with condimental substances as permitted in regulations 901:3-31-05 through 901:3-31-07. The finished product shall not contain more than 30 per cent fat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 per cent of the total ingredients used.

(O) Breakfast Sausage

"Breakfast Sausage" is sausage prepared with fresh and/or frozen meat, or meat and meat by-products and may be seasoned with condimental substances as permitted in regulations 901:3-31-05 through 901:3-31-07. It shall not be made with any lot of products which, in the aggregate, contains more than 50 per cent trimmable fat; that is, fat which can be removed by thorough practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 per cent of the total ingredients used. Extenders or binders as listed in regulations 901:3-31-05 through 901:3-31-07 may be used to the extent of 3 1/2 per cent of the finished sausage as permitted in regulation 901:3-31-11.

(P) Whole Hog Sausage

"Whole Hog Sausage" is sausage prepared with fresh and/or frozen meat from swine in such proportions as are normal to a single animal and may be seasoned with condimental substances as permitted in regulations 901:3-31-05 through 901:3-31-07. It shall not be made with any lot of product which, in the aggregate, contains more than 50 per cent trimmable fat; that is, fat which can be removed by thorough practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 per cent of the total ingredients used.

(Q) Smoked Pork Sausage.

"Smoked Pork Sausage" is pork sausage that is smoked with hardwood or other approved nonresinous materials. It may be seasoned with condimental substances as permitted in regulations 901:3-31-05 through 901:3-31-07. It shall not be made with any lot of product which, in the aggregate, contains more than 50 per cent trimmable fat; that is, fat which can be removed by thorough practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 per cent of the total ingredients used.

(R) Frankfurter, Wiener, Vienna, Bologna, Garlic Bologna, Knockwurst, and Similar Products.

"Frankfurter," "Wiener," "Vienna," "Bologna," "Garlic Bologna," "Knockwurst," and similar sausages are comminuted, semisolid meat food products which are prepared from one or more kinds of meat or meat and meat by-products, poultry products, and other ingredients as permitted by this section, seasoned and cured, using one or more of the curing agents in accordance with regulation 901:3-31-07. The finished products shall not contain more than 30 per cent fat. Water and/or ice may be used to facilitate chopping or mixing or to dissolve the curing ingredients, but the sausage shall contain no more than 10 per cent of added water. One or more of the following binders or extenders may be used, which individually or collectively shall not exceed 3 1/2 per cent of the total ingredients in the sausage, except that 2 per cent of isolated soy protein shall be deemed to be equivalent of 3 1/2 per cent of any one or more of the other binders: dried milk, nonfat dry milk, calcium reduced dried skim milk, cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, and isolated soy protein. Partially defatted pork fatty tissue or partially defatted beef fatty tissue, or a combination of both, may be used in an amount not exceeding 15 per cent of the meat and meat by-product ingredients. These products may contain uncooked cured pork which does not contain any phosphates or contains only phosphates approved in regulations 901:3-31-05 through 901:3-31-07. These sausage products also may contain poultry products which, individually or in combination, are not in excess of 15 per cent of the total ingredients, excluding water, in the sausage. Such poultry products must be free of kidneys and sex glands, and the amount of skin present must not exceed the natural proportion of skin present on the whole carcass of the kind of poultry used in the sausage, as specified in the regulations under the Poultry Products Inspection Act (7 CFR- 81.131(g) ). For purposes of this subparagraph, "poultry products" means chicken or turkey meat, or chicken or turkey by-products as defined in the regulations under the Poultry Products Inspection Act ( 7 CFR Part 81 ). They shall be designated in the ingredient statement on the label of such sausage in accordance with the provisions of said regulations. Sausage products within this section, if labeled with the phrase "with byproducts" or "with variety meats" in the product name are comminuted, semi-solid sausages consisting of not less than 15 per cent of one or more kinds of raw skeletal muscle meat with raw meat byproducts, or not less than 15 percent of one or more kinds of raw skeletal muscle meat with raw meat byproducts and raw or cooked poultry products; and seasoned and cured, using one or more of the curing ingredients as permitted by this section and in regulation 901:3-31-07. They may or may not be smoked. Such cooked sausage products shall be labeled by their generic name in conjunction with the phrase "with byproducts" or "with variety meats" with such supplemental phrase shown in a prominent manner directly contiguous to the generic name and in the same color on an identical background. For the purposes of this section meat byproducts (or variety meats) mean pork stomachs or snouts; beef, veal, lamb or goat tripe; beef veal, lamb, goat or pork hearts, tongues, fat, lips, weasands, and spleens; and partially defatted pork fatty tissue, or partially defatted beef fatty tissue. For the purposes of this section poultry product means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof.

(S) Cheesefurters and Similar Products

"Cheesefurters" and similar products are products in casings which resemble frankfurters except that they contain sufficient cheese to give definite characteristics to the finished article. They may contain cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced skim milk, or dried milk. The finished product shall contain no more than 3.5 per cent of these additives, individually and collectively, exclusive of the cheese constituent. In determining the maximum amount of the ingredients specified in this subparagraph which may be used, individually and collectively, in a product, 2 per cent of isolated soy protein shall be considered the equivalent of 3.5 per cent of any other ingredients specified in this subparagraph. When any such additive is added to these products, there shall appear on the label in a prominent manner, contiguous to the name of the product, the name of 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," "Nonfat Dry Milk Added," "Cereal and Nonfat Dry Milk Added," as the case may be. These products shall contain no more than 10 per cent of added water and/or ice, 30 per cent fat, and shall comply with the other provisions for cooked sausages that are in this subchapter.

(T) Liver Sausage and Similar Products

"Liver Sausage" and "Braunschweiger" are sausages made from fresh and/or frozen pork and livers of livestock and may contain cured pork, beef and veal, and pork fat. Liver sausage may also contain beef and pork by-products and pork skins. These products shall contain not less than 30 per cent of the liver computed on the weight of the fresh liver.

(U) Luncheon Meat

"Luncheon Meat" is a cured, cooked meat food product made from comminuted meat. To facilitate chopping or mixing or to dissolve the usual curing ingredients, water or ice may be used in the preparation of luncheon meat in an amount not to exceed 3 per cent of the total ingredients.

(V) Meat Loaf

"Meat Loaf" is a cooked meat food product in loaf form made from comminuted meat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 per cent of the total ingredients used.

(W) Scrapple

"Scrapple" shall contain not less than 40 per cent meat and/or meat by-products computed on the basis of the fresh weight exclusive of bone. The meat or flour used may be derived from grain and/or soybeans.

(X) Chili Con Carne

"Chili con Carne" shall contain not less than 40 per cent of meat computed on the weight of the fresh meat, head meat, cheek meat, and heart meat exclusive of the heart cap may be used to the extent of 25 per cent of the meat ingredients under specific declaration on the label. The mixture may contain not more than 8 per cent, individually or collectively, of 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.

(Y) Chili Con Carne with Beans

"Chili con Carne with Beans" shall contain not less than 25 per cent of meat computed on the weight of the fresh meat. Head meat, cheek meat, or heart meat exclusive of the heart cap may be used to the extent of 25 per cent of the meat ingredient, and its presence shall be reflected in the statement of ingredients required in regulations 901:3-31-02 through 901:3-31-04.

(Z) Hash

"Hash" shall contain not less than 35 per cent of meat computed on the weight of the cooked and trimmed meat. The weight of the cooked meat used in this calculation shall not exceed 70 per cent of the weight of the uncooked fresh meat.

(AA) Corned Beef Hash

(1) "Corned Beef Hash" is the semisolid food product in the form of a compact mass which is prepared with beef, potatoes, curing agents, seasonings, and any of the optional ingredients listed in paragraph (2) of this section, in accordance with the provisions of subparagraphs (a), (b), (c) and (d) of this paragraph and the provisions of paragraph (3) of this section.

(a) Either fresh beef, cured beef, or canned corned beef or a mixture of two or more of these ingredients, may be used, and the finished product shall contain not less than 35 per cent of beef computed on the weight of the cooked and trimmed beef. The weight of the cooked meat used in this calculation shall not exceed 70 per cent of the weight of the uncooked fresh meat.

(b) "Potatoes" refers to fresh potatoes, dehydrated potatoes, cooked dehydrated potatoes, or a mixture of two or more of these ingredients.

(c) The curing agents that may be used are salt, sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite, or a combination of two or more of these ingredients. When sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite is used, it shall be used in amounts not exceeding those specified in regulation 901:3-31-09.

(d) The seasonings that may be used, singly or in combination, are salt, sugar (sucrose or dextrose), spice and flavoring, including essential oils, oleoresins, and other spice extractives.

(2) Corned beef hash may contain one or more of the following optional ingredients:

(a) Beef cheek meat and beef head meat from which the overlying glandular and connective tissues have been removed, and beef heart meat, exclusive of the heart cap, may be used individually or collectively to the extent of 5 per cent of the meat ingredients;

(b) Onions, including fresh onions, dehydrated onions, or onion powder;

(c) Garlic, including fresh garlic, dehydrated garlic, or garlic powder;

(d) Water;

(e) Beef broth or beef stock;

(f) Monosodium glutamate;

(g) Hydrolyzed plant protein;

(h) Beef Fat.

(3) The finished product shall not contain more than 15 per cent fat nor more than 72 per cent moisture.

(4) When any ingredient specified in paragraph (2)(a) of this section is used, the label shall bear the following applicable statement: "Beef cheek meat constitutes 5 per cent of the meat ingredient." When two or more of the ingredients are used, the words "Constitutes 5 per cent of meat ingredient" need only appear once.

Whenever the words "corned beef hash" are featured on the label so conspicuously as to identify the contents, the statements prescribed in subparagraph (a) of this paragraph shall immediately and conspicuously precede or follow such name without intervening written, printed, or other graphic matter.

(BB) Meat Stews

Meat stews such as "Beef Stew" or "Lamb Stew" shall contain not less than 25 per cent of meat of the species named on the label, computed on the weight of the fresh meat.

(CC) Tamales

"Tamales" shall be prepared with at least 25 per cent meat computed on the weight of the uncooked fresh meat in relation to all ingredients of the tamales. When tamales are packed in sauce or gravy, the name of the product shall include a prominent reference to the sauce or gravy; for example, "Tamales with Sauce" or "Tamales with Gravy." Product labeled "Tamales with Sauce" or "Tamales with Gravy" shall contain not less than 20 per cent meat, computed on the weight of the uncooked fresh meat in relation to the total ingredients making up the tamales and sauce or the tamales and gravy.

(DD) Spaghetti with Meatballs and Sauce, Spaghetti with Meat and Sauce, and Similar Product.

"Spaghetti with Meat Balls in Sauce" and "Spaghetti with Meat and Sauce" and similar products shall contain not less than 12 per cent of meat computed on the weight of the fresh meat. The presence of the sauce or gravy constituent shall be declared prominently on the label as part of the name of the product. Meat balls may be prepared with not more than 12 per cent, singly and collectively, of farinaceous material, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced dried skim milk, and similar substances.

(EE) Spaghetti Sauce with Meat

"Spaghetti Sauce with Meat" shall contain not less than 6 per cent of meat computed on the weight of the fresh meat.

(FF) Tripe with Milk

"Tripe with Milk" shall be prepared so that the finished canned article, exclusive of the cooked-out juices and milk, will contain at least 65 per cent tripe. The product shall be prepared with not less than 10 per cent milk.

(GG) Beans with Frankfurters in Sauce, Sauerkraut with Wieners and Juice, and Similar Products.

"Beans with Frankfurters in Sauce," "Sauerkraut with Wieners and Juice" and similar products shall contain not less than 20 per cent frankfurters or wieners computed on the weight of the smoked and cooked sausage prior to its inclusion with the beans or sauerkraut.

(HH) Lima Beans with Ham in Sauce, Beans with Ham in Sauce, Beans with Bacon in Sauce and Similar Products

"Lima Beans with Ham in Sauce," "Beans with Ham in Sauce," "Beans with Bacon in Sauce" and similar products shall contain not less than 12 per cent meat computed on the weight of the uncooked fresh meat prior to its inclusion with the other ingredients.

(II) Pork with Barbecue Sauce and Beef with Barbecue Sauce

"Pork with Barbecue Sauce" and "Beef with Barbecue Sauce" shall contain not less than 50 per cent meat of the species specified on the label, computed on the weight of the cooked and trimmed meat. The weight of the cooked meat used in this calculation shall not exceed 70 per cent of the uncooked weight of the meat. If uncooked meat is used in formulating the products, they shall contain at least 72 per cent meat computed on the weight of the fresh uncooked meat. When cereal, vegetable flour, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced dried skim milk, or similar substances are used in preparing products, there shall appear on the label in a prominent manner, the name of the product, the name of each such added ingredient, as for example "Cereal Added" or "With Cereal And Nonfat Dry Milk."

(JJ) Beef with Gravy and Gravy with Beef

"Beef with Gravy" and "Gravy with Beef" shall not be made with beef which, in the aggregate for each lot contains more than 30 per cent trimmable fat, that is, fat which can be removed by thorough, practicable trimming and sorting.

(KK) Meat Pies

Meat pies such as "Beef Pie," "Veal Pie" and "Pork Pie" shall contain meat of the species specified on the label, in an amount not less than 25 per cent of all ingredients including crust and shall be computed on the basis of the fresh uncooked meat.

(LL) Deviled Ham, Deviled Tongue, and Similar Products

(1) "Deviled Ham" is a semiplastic cured meat food product made from finely comminuted ham and containing condiments. Deviled ham may contain added ham fat, Provided, that the total fat content shall not exceed 35 per cent of the finished product. The moisture content of deviled ham shall not exceed that of the fresh unprocessed meat.

(2) The moisture content of "Deviled Tongue" and similar products shall not exceed that of the fresh, unprocessed meat.

(MM) Potted Meat Food Product and Deviled Meat Food Product

"Potted Meat Food Product" and "Deviled Meat Food Product" shall contain cereal, vegetable flour, nonfat dry milk, or similar substances. The amount of water added to potted meat food product and deviled meat food product shall be limited to that necessary to replace moisture lost during processing.

(NN) Ham Spread, Tongue Spread, and Similar Products

"Ham Spread," "Tongue Spread," and similar products shall contain not less than 50 per cent of the meat ingredient name, computed on the weight of the fresh meat. Other meat and fat may be used to give the desired spreading consistency provided it does not detract from the character of the spreads named.

(OO) Breaded Products

The amount of batter and breading used as a coating for breaded product shall not exceed 30 per cent of the weight of the finished breaded product.

(PP) Liver Meat Food Products

Meat food products characterized and labeled as liver products such as liver loaf, liver cheese, liver spread, liver paste, and liver pudding, shall contain not less than 30 per cent of liver of livestock computed on the fresh weight of the livers.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-12 Cooking temperature requirements for poultry rolls and certain other poultry products.

(A) All poultry rolls and other poultry products that are heat processed in any manner shall reach an internal temperature of at least 160 degrees Fahrenheit prior to being removed from the cooking medium, except that cured and smoked poultry rolls and other cured and smoked poultry products shall reach an internal temperature of at least 155 degrees Fahrenheit prior to being removed from the cooking medium. Notwithstanding the other provisions of this section, product to which heat will be applied incidentally to a subsequent processing procedure may be removed from the media for such processing provided it is immediately fully cooked to the required 160 degrees Fahrenheit internal temperature.

(B) Binding agents, including but not limited to gelatin and wheat gluten, may be added in quantities not in excess of a total of 3 per cent for cooked rolls and 2 per cent for raw rolls, based on the total ingredients used in the preparation of the product, without affecting the name of the product. However, when such agents are added in excess of 3 per cent or 2 per cent, whichever is applicable, the common name of the agent or term "Binders Added" shall be included in the name of the product; e.g., "Turkey Roll-Gelatin Added."

(C) With respect to heat processed rolls, 2 per cent or less liquid based on the weight of the finished product without liquid may remain with or be returned to product labeled as "(Kind) Roll."

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-13 Poultry meat content standards for certain products.

Poultry products with labeling terminology as set forth in Table I shall comply with the specifications for per cent light meat and per cent dark meat set forth in said table.

For Table I -- To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-14 Poultry standards of identity or composition.

(A) (Kind) Burgers; (Kind) Patties

Such product consists of 100 per cent poultry of the kind indicated with skin and fat not in excess of natural proportions. Product containing fillers or binders shall be named "(Kind) Patties."

(B) (Kind) A La Kiev

Such product consists of poultry meat of the kind indicated, stuffed with butter which may be seasoned and the product may be wrapped in sufficient skin to cover the meat. It may be dipped in batter, fried, and frozen.

(C) (Kind) Steak or Fillet

Such product consists of a boneless slice or strip of poultry meat of the kind indicated.

(D) (Kind) Baked or (Kind) Roasted

Such product consists of ready-to-cook poultry of the kind indicated, that has been cooked in dry source heat, e.g., oven roasted or oven baked.

(E) (Kind) Barbecued

Such product consists of ready-to-cook poultry of the kind indicated, that has been cooked in dry heat and basted with a seasoned sauce.

(F) (Kind) Barbecued Prepared with Moist Heat

Such product consists of ready-to-cook poultry of the kind indicated that has been cooked by the action of moist heat in a barbecue sauce.

(G) Breaded Products

"Breaded" is a term applicable to any poultry product which is coated with breading or a batter and breading in an amount not to exceed 30 per cent of the weight of the finished breaded product.

(H) Other Poultry Dishes and Specialty Items

Poultry dishes and specialty items listed in Table II of this paragraph shall meet the requirements set forth in said table, irrespective of the type of packaging, and the percentages in Table II shall be calculated on a ready-to-serve basis, except that soup bases in institutional packs which are prepared for sale to institutional users shall have a minimum of 15 per cent cooked deboned poultry meat based on the weight of the soup based product.

For Table II -- To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-15 Standards for kinds and classes, and for cuts of raw poultry.

(A) The following standards specify the various classes of the specified kinds of poultry, and the requirements for each class:

(1) All poultry sold whole must have all parts present or have "parts missing" contingent with the label, e.g., "Frying Chicken with Parts Missing."

(2) Chickens - Rock Cornish Game Hen or Cornish Game Hen.

A Rock Cornish game hen or Cornish game hen is a young immature chicken (usually 5 to 6 weeks of age) weighing not more than 2 pounds ready-to-cook weight, which was prepared from a Cornish chicken or the progeny of a Cornish chicken crossed with another breed of chicken.

(a) Rock Cornish Fryer, Roaster, or Hen.

A Rock Cornish fryer, roaster, or hen is the progeny of a cross between a purebred Cornish and a purebred Rock chicken, without regard to the weight of the carcass involved; however, the term "fryer," "roaster," or "hen" shall apply only if the carcasses are from birds with ages and characteristics that qualify them for such designation under subdivision (b) or (c) of this subparagraph.

(b) Broiler or Fryer.

A broiler or fryer is a young chicken (usually under 13 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and flexible breastbone cartilage.

(c) Roaster

A roaster is a young chicken (usually 3 to 5 months of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and breastbone cartilage that may be somewhat less flexible than that of a broiler or fryer.

(d) Capon

A capon is a surgically unsexed male chicken (usually under 8 months of age) that is tender-meated with soft, pliable, smooth-textured skin.

(e) Hen, Fowl, or Baking, Stewing, or Roasting Chicken.

A bird of this class is a mature female chicken (usually more than 10 months of age) with meat less tender than that of a roaster, and nonflexible breastbone tip.

(f) Cock or Rooster.

A cock or rooster is a mature male chicken with coarse skin, toughened and darkened meat, and hardened breastbone tip.

(3) TURKEYS

(a) Fryer-Roaster Turkey

A fryer-roaster turkey is a young immature turkey (usually under 16 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin, and flexible breastbone cartilage.

(b) Young Turkey.

A young turkey is a turkey (usually under 8 months of age) that is tender-meated with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than in a fryer-roaster turkey. Sex designation is optional.

(c) Yearling Turkey.

A yearling turkey is a fully matured turkey (usually under 15 months of age) that is reasonably tender-meated and with reasonably smooth-textured skin. Sex designation is optional.

(d) Mature Turkey or Old Turkey

(Hen or Tom)

A mature or old turkey is an old turkey of either sex (usually in excess of 15 months of age) with coarse skin and toughened flesh.

(4) DUCKS

(a) Broiler Duckling or Fryer Duckling.

A broiler duckling or fryer duckling is a young duck (usually under 8 weeks of age), of either sex, that is tender-meated and has a soft bill and soft windpipe.

(b) Roaster Duckling

A roaster duckling is a young duck (usually under 16 weeks of age), of either sex, that is tender-meated and has a bill that is not completely hardened and a windpipe that is easily dented.

(c) Mature Duck or Old Duck.

A mature duck or an old duck is a duck (usually over 6 months of age), of either sex, with toughened flesh, hardened bill, and hardened windpipe.

(5) GEESE

Young Goose

A young goose may be of either sex, is tender-meated, and has a windpipe that is easily dented.

(6) GUINEAS

(a) Young Guinea

A young guinea may be of either sex, is tender-meated, and has a flexible breastbone cartilage.

(b) Mature Guinea or Old Guinea.

A mature guinea or an old guinea may be of either sex, has toughened flesh, and a hardened breastbone.

(B) The following standards specify the requirements for the specified cuts of poultry:

(1) "Breasts" shall be separated from the back at the shoulder joint and by a cut running backward and downward from that point along the junction of the vertebral and sternal ribs. The ribs may be removed from the breasts, and the breasts may be cut along the breastbone to make two approximately equal halves; or the wishbone portion, as described in subparagraph (3) of this paragraph, may be removed before cutting the remainder along the breastbone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes and the package may contain two or more of such parts without affecting the appropriateness of the labeling, e.g., "chicken breasts". Neck skin shall not be included with the breasts, except that "turkey breasts" may include neck skin up to the whisker.

(2) "Breasts with ribs" shall be separated from the back at the junction of the vertebral ribs and back. Breasts with ribs may be cut along the breast-bone to make two approximately equal halves; or the wishbone portion, as described in subparagraph (3) of this paragraph, may be removed before cutting the remainder along the breastbone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes and the package may contain two or more of such parts without affecting the appropriateness of the labeling as "breasts with ribs." Neck skin shall not be included, except that "turkey breasts with ribs" may include neck skin up to the whisker.

(3) "Wishbones" (Pulley Bones), with covering muscle and skin tissue, shall be severed from the breast approximately halfway between the end of the wishbone (hypocleidium) and front point of the breastbone (cranial process of the sternal crest) to a point where the wishbone joins the shoulder. Neck skin shall not be included with the wishbone.

(4) "Drumsticks" shall be separated from the thigh by a cut through the knee joint (femorotibial and patellar joint) and from the hock joint (tarsal joint).

(5) "Thighs" shall be disjointed at the hip joint and may include the pelvic meat, but shall not include the pelvic bones. Back skin shall not be included.

(6) "(Kind) legs" shall be the poultry product which includes the thigh and the drumstick, i.e., the whole leg, and may include the pelvic meat, but shall not include the pelvic bones. Back skin shall not be included.

(7) "Wings" shall include the entire wing with all muscle and skin tissue intact, except that the wingtip may be removed.

(8) "Backs" shall include the pelvic bones and all the vertebrae posterior to the shoulder joint. The meat shall not be peeled from the pelvic bones. The vertebral ribs and/or scapula may be removed or included without affecting the appropriateness of the name. Skin shall be substantially intact.

(9) "Stripped backs" shall include the vertebrae from the shoulder joint to the tail, and include the pelvic bones. The meat may be stripped off of the pelvic bones.

(10) "Necks", with or without neck skin shall be separated from the carcass at the shoulder joint.

(11) "Halves" are prepared by making a full-length back and breast split of an eviscerated poultry carcass so as to produce approximately equal right and left sides.

(12) "Quarters" consist of the entire eviscerated poultry carcass, which has been cut into four equal parts, but excluding the neck.

(13) "Breast quarter" consists of half a breast with the wing and a portion of the back attached.

(14) "Breast quarter without wing" consists of a front quarter of a poultry carcass, from which the wing has been removed.

(15) "Leg quarter" consists of a poultry thigh and drumstick, with a portion of the back attached.

(16) "Thigh with back portion" consists of a poultry thigh with back portion attached.

(17) "Leg with pelvic bone" consists of a poultry leg with adhering meat and skin and pelvic bone.

(18) "Wing drummette" consists of the humerus of a poultry wing with adhering skin and meat attached.

(19) "Wing portion" consists of a poultry wing except that the drummette has been removed.

(20) "Cut-up poultry" is any cut-up or disjointed portion of poultry or any edible part thereof, as described in this section.

(21) "Giblets" consist of approximately equal numbers of hearts, gizzards and livers, as determined on a count basis.

(22) "Ready-to-cook poultry" means any dressed poultry free from protruding pinfeathers, vestigial feathers (hair or down as the case may be) and from which the head, feet, crop, oil glands, trachea, esophagus, entrails, mature reproductive organs, and lungs have been removed, and with or without the giblets, and which is suitable for cooking without need of further processing. Ready-to-cook poultry also means any cut-up or disjointed portion of poultry or other parts of poultry that are suitable for cooking without need of further processing.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74

901:3-31-16 Lighting in meat and poultry displays.

Lighting which alters or tends to alter the appearance of the product so as to make it appear better or of greater quality than it is shall be prohibited.

R.C. 119.032 review dates: 06/10/2010 and 06/10/2015(former AG-35- 03.16 ); Eff 5-11-74
Promulgated under: Chapter 119.
Statutory Authority: 3715.69 , 3715.02
Rule Amplifies: 3715.02 , 3715.62
Prior Effective Dates: 5-11-74