ATTACHMENT 2 QUESTIONS AND ANSWERS ON SAFE HANDLING STATEMENTS (cont.) C. EXPORT/IMPORT PRODUCTS 1. Question: Will products for "export only" require safe handling information? Answer: No. "Export only" products must conform to our regulations, except as provided for in Sections 317.7 and 381.128 of the MPI Regulations. Those regulations allow deviations that are not in conflict with the laws of the country to which the product is intended for export. Since we are not aware of any country that required safe handling instructions prior to the final regulation, we do not believe safe handling instructions are required on products for export only. In addition, procedures outlined in FSIS Directive 9020.1, including obtaining a letter from the foreign purchaser and the foreign government, will not be necessary, unless some other deviation from labeling requirements is desired. 2. Question: If labels are printed in dual language, can the safe handling instructions be in the foreign language only? Answer: If the products are not for export only, the safe handling instructions must appear in English. Instructions in a foreign language may be given in addition to the ones in English. D. LABEL SETUP 1. Question: Do the messages need to appear in a tabular fashion as shown in the exhibit in the preamble to the regulation? Answer: No. The order of the information needs to remain the same but the statements could be presented in a more linear fashion, a more vertical fashion, or a more horizontal fashion than shown in the exhibit in the preamble. 2. Question: Can the symbols be placed on the right of the safe handling messages instead of the left? Answer: Yes. The regulation does not specify that symbols must go on the left. 3. Question: Can the safe handling instructions be printed on an angle to other accompanying information? Answer: Yes. 4. Question: Can safe handling instructions be applied by a rubber stamp instead of a pressure sensitive label? Answer: Yes, as long as all stipulations of the regulation are met; e.g., type size, one color print on a contrasting background, etc. E. SYMBOLS 1. Question: Do symbols have to be included with the safe handling instructions? Answer: Yes. The regulation requires symbols. 2. Question: Do symbols have to be an exact representation of those shown in the exhibit in the preamble to the regulation? Answer: No. For example, the regulation requires a graphic illustration of a refrigerator to accompany the "Keep refrigerated..." message. The graphic illustration does not have to be an exact duplication of what is shown in the exhibit in the preamble; however, it must be easily recognizable as a refrigerator. Similar requirements would apply to the other symbols. F. SIZE REQUIREMENTS 1. Question: Is the 1/16-inch minimum type size for the capital letters or small letters? Answer: When upper and lower case or all lower case letters are used, it is the lower case letter "o" or its equivalent that shall meet the 1/16-inch minimum type size. 2. Question: Can the heading "Safe Handling Instructions" be bolder but only 1/16th inch? Answer: No. The heading must be larger than 1/16th inch. G. LOCATION ON LABEL 1. Question: Can safe handling instructions be placed on hang tags on the outer labeling of products? Answer: Yes, hang tags will be considered an extension of the label and may be used for safe handling instructions. 2. Question: Can a pressure-sensitive sticker be placed over nonmandatory information on a temporary basis? Answer: Yes, stickers placed on nonmandatory information may be used for 6 months beyond the effective date of the final regulation. Such labels would continue to be approved under generic label approval. 3. Question: Can a pressure-sensitive label cover nutrition information until July 6, 1994, when nutrition information is mandatory? Answer: Yes, as long as it fully covers the nutrition information and no nutrition claims appear on the labeling that would require the nutrition information. H. INTERIM DEVIATIONS 1. Question: Since this is the second final rule on safe handling information, are companies permitted to use the labels that were based on the August 16, 1993, interim rule and the first final rule published on October 12, 1993? Answer: Yes, labels complying with the interim rule may be used 1 year beyond May 27, 1994, the effective date of the second final rule. The label required under the second final rule remains unchanged from the label required under the first final rule. Such labels will continue to be approved under generic label approval. 2. Question: Do all raw products need safe handling instructions on the label by May 27, 1994? Answer: No. All comminuted or ground products must have the information on the label by May 27, 1994. For all other products, the information must be on the label by July 6, 1994. |