USDA FSIS Constituent Update: Special Alert - Temporary Allowances for Labels Going to Retail

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Temporary Allowances for Labels Going to Retail

FSIS is exercising enforcement discretion for a temporary period to provide labeling flexibilities for products intended for food service going to retail. 

Labeling at a Federal Establishment

Product produced at a Federal establishment typically intended for distribution to hotels, restaurants, or similar institutions (HRI) will have modified labels applied by the Federal establishment so that the products can now be sold at retail.

Labeling at Retail for Bulk Product Already in Commerce

Bulk product, even if labeled for HRI (e.g. Child Nutrition labeled product or product labeled for a specific restaurant or institution), may be distributed to retail where the retailer will repackage the product into smaller consumer size packages and apply a label.

Labeling at Retail for Product in Unlabeled Protective Coverings Already in Commerce 

A fully labeled container with meat or poultry products in unlabeled protective coverings may be distributed to a retailer for labeling, which is not currently allowed under 9 CFR 317.1 and 381.115.