(i) Where cooked poultry meat is specified in this section as an ingredient of poultry food products, this means poultry meat derived from poultry processed, cooked and cooled in a manner approved by the commissioner without use of liquid or moisture in direct contact with the poultry meat following the cooking and cooling of the poultry.

(ii) If, following cooking and cooling of poultry meat to be used in poultry food products, liquid or moisture is used in direct contact with such poultry meat and the percentage of solids, excluding salt, in the poultry meat is found to be below 34 percent when such poultry meat is tested by approved methods, the percentage of poultry meat required by this section for any poultry food product shall be increased in proportion to the deficiency, or the meat shall be so processed as to raise the solids content, excluding salt, to 34 percent. The official plant shall furnish adequate facilities for such testing.

(i) Canned boned poultry shall, unless otherwise specified in this paragraph, be prepared from cooked deboned poultry meat and may contain skin and fat not in excess of natural proportions. Gelatin, stabilizers or similar solidifying or emulsifying agents shall not be added to product labeled “Boned (Kind)—Solid Pack”, but may be added in quantities not in excess of a total of 0.5 percent of the total ingredients in the preparation of other canned boned poultry products and in such case the common name of the substance added shall be included in the name of the product, e.g., “Boned Chicken with Broth—Gelatin Added”.

(ii) Canned boned poultry, except poultry within subparagraph (iv) of this paragraph, shall meet the requirements set forth in table II of this paragraph. The percentages in table II shall be calculated on the basis of the total ingredients used in the preparation of the product.

(iii) Canned shredded poultry (shredded) (kind), consists of poultry meat reduced to a shredded appearance, from the kind of poultry indicated, with meat, skin, and fat not in excess of the natural whole carcass proportions. Canned shredded poultry from specific parts may include skin or fat in excess of the proportions normally found on a whole carcass, but not in excess of the proportions of skin and fat normal to the particular part or parts; and such product shall be labeled in accordance with section 320.131(g) of this Title. Product within this subparagraph shall be prepared as set forth in table II, items 1, 2, 3, or 4, whichever is applicable.

(iv) Canned boned poultry with natural juices (boned [kind] with natural juices) shall be prepared from either raw boned poultry meat or a mixture of raw boned poultry meat and cooked boned poultry meat, and shall have no liquid added during the preparation of the product.

(i) Binding agents, including but not limited to gelatin and wheat gluten, may be added in quantities not in excess of a total of three percent for cooked rolls and two percent 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 three percent or two percent, whichever is applicable, the common name of the agent or the term “Binders Added” shall be included in the name of the product; e.g., “Turkey Roll—Gelatin Added”.

(ii) With respect to heat processed rolls, two percent 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”.

(iii) Heat processed rolls which have more than two percent liquid remaining with or returned to the product shall be labeled as “(Kind) Roll with Natural Juices”. If more than two percent of any liquid other than natural cookout juices is added, the product must be labeled to indicate that fact; e.g., “Turkey Roll with Broth”. Liquid shall not be returned or added to product within this subparagraph in excess of the amount normally cooked out during preparation.

(i) Poultry dishes and specialty items listed in table IV of this paragraph shall meet the requirements set forth in said table, irrespective of the type of packaging, and the percentages in table IV 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 percent cooked deboned poultry meat based on the weight of the soup base product. Products similar to those listed in table IV, but having less than the specified minimum poultry meat content, may use the “Kind” name in the product name, provided it is appropriately qualified to distinguish such products from those containing the specified minimum meat content.

(ii) Products of the types specified in sections 340.208(a) and (b) will be deemed to have false, deceptive or misleading labeling if they us the “Kind” name of the poultry (chicken, turkey, etc.) in the product name without appropriate qualification. For example, a consumer packaged noodle soup product containing less than 2 percent chicken meat on a ready-to-serve basis may not be labeled as “Chicken Noodle Soup” but, when appropriate, could be labeled as “Chicken Flavored Noodle Soup”.

(i) Butter alone, or solutions of poultry broth, poultry stock, water, or edible fats, or mixtures thereof, in which are included functional substances such as spices, flavor enhancers, emulsifiers, phosphates, coloring materials, or other substances, approved by the commissioner in specific cases, may be introduced by injection into the thick muscles (breast and legs) of ready-to-cook poultry carcasses and may be introduced by injection or marinating into any separate part therefrom and into poultry roasts including chunked and formed products (but not poultry rolls) for the purpose of providing a basting medium or similar function. The ingredients of the added materials and the manner of addition to the products must be found acceptable by the commissioner, in all cases. The introduction of the added materials shall increase the weight of the processed product by approximately three percent over the weight of the raw product after washing and chilling in compliance with section 340.50. The provisions of subdivision (b) of this section specifying light and dark meat percentages required for certain poultry products shall be construed to permit products under this paragraph to contain approximately three percent of the added materials as provided in this paragraph under conditions outlined in subparagraph (iii) of this paragraph; and the weight of the added materials introduced into the poultry products as provided in this paragraph shall be included as part of the weight of the poultry for purposes of the net weight labeling provisions in section 340.130(a)(3).

(ii) A raw poultry product, into which the added materials of the type described in subparagraph (i) of this paragraph are introduced, must be labeled with a conspicuous, legible, and descriptive name, including terms that describe the method of addition and function of the added material. All major terms in the product name must be printed with the same prominence, except that the words which concisely describe the function of the added materials (such as “Injected for Flavored Basting”) may be more prominent provided this does not detract from the conspicuousness of the other terms in the product name (such as “Young Turkey”). The label must bear a statement, in bold type, immediately below and adjacent to the product name, listing the common or usual names of the added materials in descending order of predominance. The first part of this statement must consist of terms adequate to inform consumers about the amount and manner of introduction of the solution (such as “Injected with approximately three percent of a solution of __”), and must be printed at least one-fourth the size of the most prominent letter in the product name with a minimum size of one-fourth inch for a ready-to-cook turkey and proportionately smaller for other poultry products. The remainder of the solution ingredients shall be declared in type at least one-eighth inch in height. The entire statement must be printed in a color that contrasts with the background and be displayed on the principal display panel.

(iii) Approval for use of a label for product under this paragraph depends upon the ability of the processor to control the finished product so that the average percent of basting material in each outgoing lot varies no more than 10 percent from the three percent requirement. Therefore, lots averaging 2.7 percent to 3.3 percent of basting material when tested by an approved plant control procedure would be in compliance. As used in this subparagraph, “a lot” may be any reasonable portion of production designated by the official plant, or a maximum of an entire shift's production from one production line. The control procedures to be eligible for approval by the commissioner must: