Wong

BACKGROUND

An Overview of the Federal Law on Labeling Poultry Products Poultry labels are federally regulated under the Poultry Products Inspection Act (PPIA) (21 U.S.C. § 451 et seq.), empowering the United States Secretary of Agriculture (USDA) to ensure that “poultry products . . . are . . . not adulterated, and properly marked[, and] labeled.” The USDA delegated authority to the Administration of Food and Inspection Service (FSIS) to oversee the labeling of poultry products. (9 C.F.R. § 300.2(a) & (b)(2).) During processing, recently slaughtered poultry carcasses are chilled to cool them down to a safe temperature. (9 C.F.R. §§ 381.65, 381.66.) An establishment must utilize poultry washing, chilling, and draining practices and procedures that will minimize water absorption and retention at the time of packaging. (Id., § 381.66, subd. (d)(1).) The water that is retained in raw poultry as an unavoidable consequence of post-evisceration processing used to meet applicable food safety requirements is referred to as “retained water.” (Id., § 441.10(a).) Raw poultry that retains water must bear a statement on the label stating the maximum percentage of water that may be retained…