Labeling of Modified Breakfast Sausage, Cooked Sausage, and Fermented Sausage Products Identified By A Nutrient Content Claim

Modified breakfast sausage, cooked sausage, and fermented sausage products are substitute versions of the standardized or traditional products that have been formulated and processed to reduce the fat contents to qualify for use of nutrient content claims, but do not comply with the standard of identity or composition as described in the meat and poultry regulations or the Standards and Labeling Policy Book (Policy Book) because of the use of ingredients used for fat replacement which are precluded or restricted by these standards. The deviation from the standard or the traditional, i.e., "regular product," is conveyed by associating an expressed nutrient content claim for the appropriate reduction in fat content and the standardized or traditional product name, e.g., "Reduced Fat Frankfurter" or "Low Fat Pepperoni." The nutrient content claims that may be used are those related to a reduction in fat contents that are identified in the regulations for meat products in 9 CFR Part 317 an d for poultry products in 9 CFR Part 381.

Maintaining Product Integrity: The following guidelines must be applied to assure that the modified versions of the subject meat and poultry sausage products do not violate the integrity of the standardized or traditional product for which they purport to be substitutes: (1) the product must be similar in shape, flavor, consistency, and general appearance to the product as prepared according to the regulatory or traditional standard, (2) the meat or poultry used to formulate the modified product must come from the same anatomical location when the standardized term is related to an anatomical region on an animal, e.g., "ham" is expected to be from the hind leg of the hog and cured; thus, "lean smoked ham sausage" would be comprised of meat from the hind leg of a hog that has been smoked and cured, (3) the modified sausage product must result from the same processing procedures as those specified for the subject sausage products described by regulatory or Policy Book standards, (4) ther e must not be deviations from product safety criteria (e.g., salt content, curing agents, pH, water activity and/or moisture/protein ratio) that are provided in the regulatory or Policy Book standards for sausages, and (5) the modified product must achieve the appropriate reduction in fat content to be eligible to use a nutrient content claim in conjunction with the standardized or traditional product name.

Performance Characteristics: In producing modified, substitute versions of sausages, the deviations from ingredient provisions of the regulatory and Policy Book standards should be the minimum necessary to qualify for the nutrient content claim while maintaining the performance characteristics similar to the standardized or traditional product, i.e., similar preparation, cooking, and handling characteristics. If a modified version of the standardized or traditional sausage does not perform in substantially the same way as the standardized or traditional item, the label must include a prominent statement informing the consumer of such differences. For example, a "low fat frankfurter" that essentially has all of the characteristics of a frankfurter, but cannot be grilled, would indicate "not recommended for grilling." A "reduced fat pepperoni" that displays essentially all the characteristics of pepperoni, but cannot be cooked, would, for example, indicate "not recommended for cooking" o r "do not cook."

Safe and Suitable Ingredients: A modified, substitute sausage product must be formulated with APPROVED safe and suitable ingredients, e.g., those identified in 9 CFR 424.21, and those determined to be safe and suitable by the Food Standards and Ingredients Branch, Product Assessment Division. Such ingredients are to be used at the lowest level necessary to achieve the intended effect of reducing fat as compared to the standardized or traditional product. Safe and suitable ingredients are those used to replace fat, improve texture, and prevent syneresis.

An ingredient or component of an ingredient that is specifically required by the regulatory or Policy Book standard for characterizing purposes, e.g., cheese in a cheesefurter, fresh livers in liver sausage, cured ham in a ham sausage, and fennel or anise in an Italian sausage, shall be present in the required amount, if applicable, or otherwise in a significant amount to provide a characterizing identity to the product. Moreover, an ingredient or component of an ingredient that is not permitted by regulations for use in any meat or poultry sausage product, e.g., sodium benzoate, shall not be added to a modified, substitute product.

Product Identity: The name of the modified version of the standardized or traditional product that complies with all parts of the policy prescribed herein is the appropriate expressed nutrient content claim for the meat and/or poultry product with a reduction in fat content and the applicable standardized or traditional term, e.g., "Lean Sausage," "97 percent Fat-Free (or "Low Fat") Kielbasa," "Low-Fat Frankfurter Made with Beef, Pork and Turkey," "Reduced Fat Pepperoni," "Extra Lean Turkey Italian Sausage," and "Lite Genoa Salami." The size and style of type must conform to the nutrition labeling regulations.

Ingredients Statement: To assist the consumer in differentiating between the standardized or traditional sausage product and the modified, substitute version, ingredients that are not provided for by regulatory or Policy Book standards, or used in excess of the allowable levels specified, must be appropriately identified with an asterisk in the ingredients statement. The statement(s) defining the asterisk(s), e.g., "*Ingredient(s) not in regular ___" (fill in name of the standardized or traditional product), or "*Ingredients(s) in excess of amount permitted in regular ___" (fill in name of the standardized or traditional product), or both as appropriate, must be legible and conspicuous, and shall immediately follow the ingredients statement in the same size and style of type.

See: Policy Memo 123 dated January 20, 1995