1 CRR-NY 340.1NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER VI. FOOD CONTROL
SUBCHAPTER H. INSPECTION OF MEAT, MEAT PRODUCTS AND POULTRY (ARTICLE 5-B AGRICULTURE AND MARKETS LAW)
ARTICLE 2. DRESSED POULTRY
PART 340. POULTRY AND POULTRY PRODUCTS
1 CRR-NY 340.1
1 CRR-NY 340.1
340.1 False or deceptive terms or devices; and other labeling requirements.
(a) No product, and no container thereof, shall be labeled with any false or deceptive name but established trade names which are usual to such articles and are not false or deceptive and which have been approved by the commissioner may be used.
(b) No statement, word, picture, design, or device, which is false or misleading in any particular or conveys any false impression or gives any false indication of origin, identity, or quality, shall appear on any label. For example:
(1) Official grade designations such as the letter grades A, B, and C may be used in labeling individual carcasses of poultry and consumer packages of poultry and poultry products only if such poultry has been graded by a licensed grader of the Federal or Federal-State poultry grading service.
(2) Terms having geographical significance with reference to a particular locality may be used only when the product was produced in that locality.
(3) Terms, such as “baby”, may be used to indicate immaturity of poultry which is marketed earlier than the usual marketing age: provided, that such terms are printed in a style and size of type no larger than is used to indicate the name of the product.
(c) Poultry products which have been treated with compounds to retard spoilage shall be labeled to indicate such treatment.
(d) The terminology specified in paragraphs (1) through (10) of this subdivision are applicable to parts of poultry cut in the manner described therein.
(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 breast bone to make two approximately equal halves; or the wishbone portion, as described in paragraph (3) of this subdivision, may be removed before cutting the remainder along the breast bone 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 “chicken breasts”. Neck skin shall not be included with the breasts.
(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 paragraph (3) of this subdivision, may be removed before cutting the remainder along the breast bone 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.
(3) Wishbones (pulley bones), with covering muscle and skin tissue, shall be severed from the breast approximately halfway between the end of the wishbone (hypocledium) and front point of the breast bone (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) Legs shall include the whole leg, i.e., the thigh and the drumstick, whether jointed or disjointed. Back skin shall not be included.
(7) Wings shall include the entire wing with all muscle and skin tissue intact, except that the wing tip 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 title. 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) Parts of poultry may be cut in any manner the processor desires as long as the labeling appropriately reflects the contents of the container of such poultry.
(e) The name of the product required to be shown on labels for fresh or frozen raw whole carcasses of poultry shall be in either of the following forms: The name of the kind (such as chicken, turkey, or duck) preceded by the qualifying term “young” or “mature” or “old”, whichever is appropriate; or the appropriate class name as described in subdivision (f) of this section. The name of the kind may be used in addition to the class name, but the name of the kind alone without the qualifying age or class term is not acceptable as the name of the product. The class name may be appropriately modified by changing the word form such as using the term “roasting chicken”, rather than “roaster”. The name “chicken” may be used without qualification with respect to a ready-to-cook pack of fresh or frozen cut-up young chickens, or a half of a young chicken, and the name “duckling” may be used without qualification with respect to a ready-to-cook pack of fresh or frozen young ducks. The appropriate names for cut-up parts are set forth in subdivision (d) of this section. When naming parts cut from young poultry, the identity of both the kind of poultry and the name of the part shall be included in the product name. The product name for parts or portions cut from mature poultry shall include, along with the part or portion name, the class name or the qualifying term “mature”. The name of the product for cooked or heat processed poultry products shall include the kind name of the poultry from which the product was prepared.
(f) The appropriate class names for the various kinds of poultry are as follows:
(1) Chickens.
(i) Rock Cornish game hen or Cornish game hen. A Rock Cornish game hen or Cornish game hen is a young immature chicken (usually five to six weeks of age) weighing not more than two 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.
(ii) Broiler or fryer. A broiler or fryer is a young chicken (usually nine to 12 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and flexible breastbone cartilage.
(iii) Roaster. A roaster is a young chicken (usually three to five 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.
(iv) Capon. A capon is a surgically unsexed male chicken (usually under eight months of age) that is tender-meated with soft, pliable, smooth-textured skin.
(v) [Reserved]
(vi) Stag. A stag is a male chicken (usually under 10 months of age) with coarse skin, somewhat toughened and darkened flesh, and considerable hardening of the breastbone cartilage. Stags show a condition of fleshing and a degree of maturity intermediate between that of a roaster and a cock or old rooster.
(vii) Hen or stewing chicken or fowl. A hen or stewing chicken or fowl is a mature female chicken (usually more than 10 months of age) with meat less tender than that of a roaster, and non-flexible breastbone tip.
(viii) Cock or rooster. A cock or rooster is a mature male chicken with coarse skin, toughened and darkened meat; and hardened breastbone tip.
(2) Turkeys.
(i) 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.
(ii) Young hen turkey. A young hen turkey is a young female turkey (usually five to seven 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.
(iii) Young tom turkey. A young tom turkey is a young male turkey (usually five to seven 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.
(iv) Yearling hen turkey. A yearling hen turkey is a fully matured female turkey (usually under 15 months of age), that is reasonably tender-meated and with reasonably smooth-textured skin.
(v) Yearling tom turkey. A yearling tom turkey is a fully matured male turkey (usually under 15 months of age), that is reasonably tender-meated and with reasonably smooth-textured skin.
(vi) 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.
(3) Ducks.
(i) Broiler ducking or fryer duckling. A broiler duckling or fryer duckling is a young duck (usually under eight weeks of age), of either sex, that is tender-meated and has a soft bill and soft windpipe.
(ii) 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.
(iii) Mature duck or old duck. A mature duck or an old duck is a duck (usually over six months of age), of either sex, with toughened flesh, hardened bill, and hardened windpipe.
(4) Geese.
(i) Young goose. A young goose may be of either sex, is tender-meated, and has a windpipe that is easily dented.
(ii) Mature goose or old goose. A mature goose or old goose may be of either sex and has toughened flesh and hardened windpipe.
(5) Guineas.
(i) Young guinea. A young guinea may be of either sex, is tender-meated, and has a flexible breastbone cartilage.
(ii) Mature guinea or old guinea. A mature guinea or an old guinea may be of either sex, has toughened flesh, and a hardened breastbone.
(g) Boneless poultry products shall be labeled in a manner that accurately describes their actual form and composition. The product name shall specify the form of the product (e.g., emulsified, finely chopped, etc.), and the kind name of the poultry, and if the product does not consist of natural proportions of meat, skin, and fat, as they occur in the whole carcass, shall also include terminology that describes the actual composition. If the product is cooked, it shall be so labeled. Boneless poultry product shall not have a bone content of more than one percent, on a raw weight basis. For the purpose of this Part, natural proportions of skin, as found on a whole carcass, will be considered to be as follows:
| Raw | Cooked | |
|---|---|---|
| Percent | ||
Chicken | 20 | 25 |
Turkey | 15 | 20 |
1 CRR-NY 340.1
Current through August 31, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.