9 C.F.R. § 381.96

Wording and form of the official inspection legend

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Except as otherwise provided in this subpart, the official inspection legend required to be used with respect to inspected and passed poultry products shall include wording as follows: “Inspected for wholesomeness by U.S. Department of Agriculture.” This wording shall be contained within a circle. The form and arrangement of such wording shall be exactly as indicated in the example in Figure 1, except that the appropriate official establishment number shall be shown, and if the establishment number appears elsewhere on the labeling material in the manner prescribed in § 381.123(b), it may be omitted from the inspection mark. The administrator may approve the use of abbreviations of such inspection mark; and such approved abbreviations shall have the same force and effect as the inspection mark. The official inspection legend, or the approved abbreviation thereof, shall be printed on consumer packages and other immediate containers of inspected and passed poultry products, or on labels to be securely affixed to such containers of such products and may be printed or stenciled thereon, but shall not be applied by rubber stamping. When applied by a stencil, the legend shall not be less than 4 inches in diameter. An official brand must be applied to inspected and passed carcasses and parts of ratites that are shipped unpacked.

[66 FR 22906, May 7, 2001]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1975–2021 · leading case: Food & Water Watch, Inc. v. Thomas Vilsack, 808 F.3d 905 (D.C. Cir. 2015).

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Food & Water Watch, Inc. v. Thomas Vilsack, 808 F.3d 905 (D.C. Cir. 2015). · cites it 2× “§ 453(h)(12); 9 C.F.R. § 381.96 . 1 The PPIA defines an inspector as “(1) an employee or official of the United States Government authorized by the Secretary to inspect poultry and poultry products under the authority of this chapter, or (2) any employee or official of the…”

Christina Webb v. Trader Joe's Co., 999 F.3d 1196 (9th Cir. 2021). · cites it 2× “9 C.F.R. § 381.96 . To receive such a mark, the inspector must have “on file evidence that such device has been approved in accordance with the provisions of this subpart.”

Food & Water Watch, Inc. v. Vilsack, 79 F. Supp. 3d 174 (D.D.C. 2015). · cites it 2× “§ 457 ; 9 C.F.R. § 381.96 -. False or misleading labeling is proscribed by the PPIA.”

Am. Pub. Health Ass'n v. Earl Butz, Sec'y of Dep't of Agric., 511 F.2d 331 (D.C. Cir. 1975). “See 9 C.F.R. § 381.96 (1974) (poultry); 9 C.F.”

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