LABELING
Section 1. Labels.
(a) Food packaged in an establishment or processing plant shall be labeled as specified in law, including 21 CFR 101 Food Labeling and 9 CFR 317 Labeling, Marking Devices, and Containers.
(b) Label information shall include:
(i) The common name of the food, or absent a common name, an adequately descriptive identity statement;
(ii) If made from two (2) or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;
(iii) An accurate declaration of the quantity of contents;
(iv) The name and place of business of the manufacturer, packer, or distributor;
(v) Except as exempted in the Federal Food, Drug, and Cosmetic Act 403(Q)(3)-(5) nutrition labeling as specified in 21 CFR 101 Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling;
(vi) For any salmonid fish containing canthaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin; and
(vii) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.
(c) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:
(i) The manufacturer's or processor's label that was provided with the food; or
(ii) A card, sign, or other method of notification that includes the information specified under Chapter 4, Section 1(b) (i), (ii), and (v).
(d) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:
(i) A health, nutrient content, or other claim is not made;
(ii) There are no state or local laws requiring labeling; and
(iii) The food is manufactured or prepared on the premises of the establishment or processing plant or at another establishment or a processing plant that is owned by the same person and is regulated by the regulatory authority.
Section 2. Other Forms of Information.
(a) If required by law, consumer warnings shall be posted.
(b) Establishment, processing plant, or manufacturers' dating information on foods may not be concealed or altered.
Section 3. Country of Origin Food Labeling; Requirements and Inspections.
(a) Pursuant to 7 CFR 60 Country of Origin Labeling for Fish and Shellfish and 7 CFR 65 Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Macadamia Nuts, and Peanuts, every Perishable Agricultural Commodities Act (PACA) licensed retailer who sells or offers for sale in this state is required to notify customers of the country of origin of covered commodities.
(i) "Covered Commodities" include raw muscle cuts of beef (including veal), lamb, chicken, goat and pork; ground beef, lamb, pork, goat and chicken; wild and farm-raised fish and shellfish; perishable agricultural commodities; macadamia nuts, pecans, peanuts, and ginseng.
(A) Covered commodities are excluded from this part if the commodity is a processed food.
(ii) "Perishable agricultural commodity" means fresh and frozen fruits and vegetables of every kind and character which have not been manufactured into articles of a different kind or character, including cherries in brine.
(iii) "Processed food item" means a retail item derived from a covered commodity that has undergone specific processing resulting in a change in the character of the covered commodity, or that has been combined with at least one (1) other covered commodity or other substantive food component (e.g., chocolate, breading, sauces), except that the addition of a component (such as water, salt or sugar) would not in itself result in a processed food item. Specific processing that results in a change in the character of the covered commodity includes cooking, curing, smoking and restructuring.
(iv) "Retailer" as defined by the Perishable Agricultural Commodities Act (PACA) of 1930 refers only to retailers handling fresh and frozen fruits and vegetables with an invoice value of at least $230,000.00 annually. Those retailers are required to be licensed under PACA.
(v) "Wholesaler" any establishment that supplies retailers with one or more of the covered commodities and will be required by retailers to provide country of origin and, if applicable, method of production information so that the retailers can accurately supply that information to customers.
(b) The following labeling is required:
(i) Country of origin declarations which can be in the form of a placard, sign, label, sticker, band twist tie, pin tag, or other format which allows consumers to identify the country of origin.
(A) The declaration of the country of origin of a product may be in statement form such as "Product of the USA", "Produce of the USA", or "Grown in Mexico", may state the country of origin only, such as USA or Canada; or may be indicated by a check box.
(B) The declaration of the country of origin must be legible and in a conspicuous location, which makes it likely to be read and understood by the customer under normal conditions of purchase.
(C) The declaration of country of origin may be typed, printed, or handwritten and must not obscure other labeling information.
(D) Bulk containers such as display cases, shipper containers, bins, cartons and barrels used at retail level to present product to consumers, may contain covered commodities from more than one country of origin provided all possible country of origins are listed.
(E) Only those country abbreviations approved for use under Customs and Border Protection rules, regulations and policies, such as "UK" for "The United Kingdom of Great Britain and Northern Ireland", "Luxemb" for Luxembourg, and "U.S." or "USA" for the "United States of America" are acceptable.
(I) Symbols or flags may be used to denote country of origin with or as part of a proper label.
(F) Domestic perishable agricultural commodities, peanuts, pecans, macadamia nuts and ginseng may use abbreviated U.S. state declarations as long as the federal Country Of Origin Labeling (COOL) regulations are followed and the official U.S. Postal Service abbreviations are used.
(G) Method of production for fish and shellfish can also be declared on the form described in Chapter 4, Section 3 (b) (i). Acceptable forms of production designations include, "wild caught", "wild", "farm-raised", or "farmed".
(I) Method of production designations of "ocean caught", "caught at sea", "line caught", "cultivated", or "cultured", are not acceptable.
(c) The following record keeping is required:
(i) All records must be legible and may be maintained in either electronic or hard copy formats. Due to the variation in inventory and recordkeeping systems, various forms are acceptable.
(ii) Meat suppliers and retailers shall make records maintained in the normal course of business that verify an origin claim available to the director, upon request.
(A) Such records shall be provided within 5 business days of the request.
(iii) A supplier that provides a covered commodity to a retailer, whether directly or indirectly, must provide the country (ies) of origin information for covered commodities.
(iv) Country of origin labeling records, including pre-labeled consumer packages or master containers, must contain information identifying the retail supplier, the product, the country (ies) of origin and method of production (if applicable) tracking, linking the documentation to the covered commodity.
(A) Acceptable forms of tracking include:
(I) Invoices;
(II) Bills of lading; or
(III) Purchase orders; which must contain:
(1.) Purchase order number;
(2.) Date;
(3.) Product unique identifier, best by date, or lot number; and
(4.) Package size, brand name, etc.
(v) All records that identify a covered commodity shall be maintained for a period of one (1) year from the date the retailer makes the country of origin declaration.
(d) Inspectors of the Wyoming Department of Agriculture shall, as part of their routine evaluations of retail establishments, inspect the covered commodity declarations of country of origin and method of production, including the records maintained for covered commodities.
Section 4. Exemptions to Country of Origin Labeling.
(a) Exemptions to the country of origin labeling requirements are found in 7 CFR 65.140 Food Service Establishment and 7 CFR 65.220 Processed Food Item.
(b) Retailers not required to be PACA licensed are exempt from Section 3 above.
Section 5. Official Marks, Devices, Marking Products and Their Containers.
(a) The official inspection legend, marks, devices and certificates required by 9 CFR 312 Official Marks, Devices and Certificates, as amended, and 9 CFR 316 Marking Products and Their Containers, as amended, shall be applied and used on inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the director and shall be in the appropriate form.
(i) Meat inspection stamps which contain the words "Wyoming Inspected and Passed" and "Wyoming Inspected and Condemned" shall be provided by the Wyoming Department of Agriculture to all establishments which have been approved and granted state meat or poultry inspection service by the department.
(b) The use of the inspection legend is prohibited except under supervision of the director.
(i) No person shall affix or place or cause to be affixed or place the inspection legend, or any abbreviation, copy or representation thereof, to or on any product or container thereof except under the supervision of the director; and
(ii) No person shall fill or cause to be filled in whole or in part with any product, any container bearing or intended to bear the inspection legend or any abbreviation, copy or representation thereof, except under the supervision of the director.
(c) Brands and marking devices shall be approved by the director, and strict control of brands shall be maintained.
(i) The department shall furnish or have approved such ink brands, burning brands and like devices for marking products as the director may require.
(A) The mark of inspection on such a device shall be in the following form as a facsimile of one of the official brands using the size best suited for the purpose intended:
(ii) In advance of manufacture, brands and marking devices shall:
(A) Have complete and accurate descriptions and designs as specified in Chapter 4, Section 4(c) (i) (A), submitted to and approved by the director;
(B) Every such brand and device which bears the inspection legend shall be delivered into the custody of the Wyoming Department of Agriculture; and
(C) Be used only under the supervision of the Wyoming Department of Agriculture;
(iii) When not in use for marking inspected and passed product, all such brands and devices bearing the inspection legend shall be kept locked in properly equipped lockers or compartments, the keys of which shall not leave the possession of the regulatory authority.
(d) No person shall remove or cause to be removed from an official establishment any article which this Rule requires to be marked.
(e) Branding ink shall be:
(i) Furnished by the official establishment for marking product;
(ii) Made with harmless ingredients that are approved by the Wyoming Department of Agriculture; and
(iii) Of proper color.
(f) Brands or marking devices shall be of such style and type as will make a clear and legible impression as determined by the Wyoming Department of Agriculture.
(g) Each carcass which has been inspected and passed in an official establishment shall be marked at the time of inspection with the inspection legend in accordance with 9 CFR 316 Marking Products and Their Containers and 9 CFR 381, Subpart M-Official Marks, Devices and Certificates; Export Certificates; Certification Procedures.
(h) The official inspection legend, marks, devices and certificates required by 9 CFR 352 Exotic Animals; Voluntary Inspection or 9 CFR 354 Voluntary Inspection of Rabbits and Edible Products Thereof shall be applied and used on inspected and passed carcasses and parts of carcasses of exotic animals or rabbits as approved by the director and shall be in the appropriate form.
(i) The specific requirements for use of an official mark of inspection shall be the same as Section 5 (a)-(g) above and Section 6 below.
Section 6. Specific Labeling Requirements for Inspected and Passed Meat and Poultry Products, Label Contents and Approval.
(a) Any inspected and passed meat or poultry product placed or packed in any can, pot, tin, canvas or other receptacle or covering constituting an immediate or true container shall be labeled as specified in this Rule, or in law, including 9 CFR 317 Labeling, Marking Devices and Containers and 9 CFR 381, Subpart N-Labeling and Containers.
(b) Labels shall be approved by the director.
(i) No label shall be used on any product until it has been approved in its final form by the director.
(A) The label shall be submitted in triplicate to the director for approval; and
(B) The label shall be submitted as it appears in its final form.
(ii) Inserts, tags, liners, posters and like devices containing printed or graphic matter and for use on, or to be placed within, containers and coverings of product shall be:
(A) Submitted for approval in the same manner as provided for labels in Chapter 4, Section 6 (b) (i), except that:
(I) Inspectors may permit use of such devices which contain no reference to product and bear no misleading feature.
(iii) The inspector may permit the use of approved labels or other marking modifications provided the labeling or marking as modified is so used as not to be false or deceptive.
(iv) Approved labels shall only be used on:
(A) Products to which they are applicable; and
(B) Products for which they are approved.
Section 7. Ungraded Eggs.
(a) A person selling ungraded eggs in Wyoming shall follow the requirements for an exempt producer as defined in 7 CFR 57, Inspection of Eggs (Egg Products Inspection Act).
(b) Any person selling ungraded, uninspected eggs in Wyoming shall:
(i) Label the carton:
(A) Ungraded eggs;
(B) Include the name and address of the exempt producer; and
(C) Include a packing date and the statement "Keep Refrigerated."
(c) Reuse of cartons:
(i) Only cartons that are clean and in good condition may be reused;
(ii) Cartons with a USDA Grade shield shall not be reused; and
(iii) All wording and dates on reused cartons shall be completely marked out.
Section 8. Bottled Water Labeling Requirements.
(a) All bottled water shall conform to 21 CFR 101 Food Labeling and be labeled in compliance with the following standards:
(i) Mineral water may be labeled "mineral water," or "natural mineral water."
(ii) Spring water may be labeled "spring water" or "natural spring water."
(iii) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas or from which the gas is naturally occurring in the water may bear on its label the words "naturally carbonated" or "naturally sparkling."
(iv) Bottled water which contains carbon dioxide other than that which is naturally occurring in the source of the product shall be labeled with the words "carbonated" or "sparkling" when the carbonation is obtained from a natural or manufactured source.
(v) Well water may be labeled "well water" or "natural well water."
(vi) Artesian water may be labeled "artesian water," "natural artesian water," "well water" or "natural well water."
(vii) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label. However, nothing contained herein shall preclude labeling purified water produced by distillation as "distilled water."
(viii) Drinking water may be labeled "drinking water."
(ix) Any bottler, distributor or vendor of bottled water whose corporate name, brand name or trademark contains the words "spring," "springs," "well," "artesian well," "mineral" or "natural" or any derivative of those words shall label each bottle with the source of the water in type face at least equal to the size of the type face of the corporate name or trademark, if the source of the bottled water is different from the source stated in the corporate name, brand name or trademark.
(x) The use of words "spring," "spring fresh," "spring brand," "spring type," or other language containing the word "spring" to describe water that is not spring water as defined herein shall be prohibited.
(xi) A product meeting more than one definition may be identified by any of the applicable product names, except where otherwise specifically prohibited.
(xii) Supplemental printed information and graphics concerning recognized uses of the water may appear on the label but shall not imply properties of the product or preparation methods which are not factual.