approval, be separated from the containers by the establishment through soaking or other process.

(i) The approval of stencils and box dies may be accepted as authority for the inspector to permit the use of larger stencils and dies on which all features are proportionately enlarged.

(j) The approval of stencils may be accepted as authorizing the use of stencils bearing the same wording but somewhat differently arranged provided the same continuity of wording is preserved. As an illustration, the approval of a rectangular stencil will authorize the use of a similar stencil which is square, oval, or circular in design, notwithstanding such change in shape may result in a reduction or increase in the number of lines.

(k) Stencils and box dies submitted for approval hereafter should be in the form of printed proofs, small blue prints, or small reproductions in pen and ink. Reproductions on the typewriter or in pencil will not be accepted. In order to reduce existing files establishments may, if they so desire, submit four of such reproductions of previously approved stencils or box dies accompanied by a reference to the approval number and a request that same be marked with stamp of approval and number in duplicate of those assigned to the materials previously submitted. If establishments are not interested in the submission of reproductions of previously approved stencils or dies, inspectors in charge may have triplicate pen and ink reproductions prepared by bureau employees and submit same for duplicate stamp of approval and return of duplicates for substitution in place of the originals in the bureau station files.

(1) In cases where it is shown to the satisfaction of the inspector in charge that emergencies exist warranting such action, the inspector in charge may permit the use of unapproved stencils and box dies which in his opinion conform to existing rulings and regulations, provided the proposed markings are promptly submitted to the Washington office for approval.

(m) The approval of stencils may be considered as in blanket form so far as concerns the name or name and address of the distributor and the figures denoting quantity. The mere addition of a statement of net weight to a formerly approved stencil or box die does not require the resubmission of such modified stencil or box die for approval.

(n) Two or more approved stencils or box dies may be used in combination where it does not result in inconsistent or deceptive marking. Stencils bearing qualifying statements such as "artificially colored," "cereal added," "dried skimmed milk added," etc., will hereafter be approved but it should be understood that any such qualifying statement is held to represent a part of the name of the product and must in all cases appear in direct connection therewith.* ISRA, BAI 196, Aug. 1923]

17.12 Approval of labels and other markings on meat and products; supplementary simplified procedure authorized. With the view to simplifying the approval of labels and other markings on meat and products there is authorized the following procedure supplementing that outlined in § 17.11:

*For statutory citation, see note to § 17.1.

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(a) Wrappers bearing only floral or foliage designs, or illustrations of rabbits, chicks, fireworks, or other emblematic holiday designs, such as wrappers commonly used during the Christmas and Easter seasons, need not be submitted to the Washington office for approval but may be used upon permission of the inspector in charge. Such wrappers may bear, in addition, holiday greetings, such as "Merry Christmas," "Happy New Year," "Compliments of the Season," etc., and the name or name and address of the establishment, or the name or name and address of the distributor if properly qualified by the word "Distributor," or a statement showing the product to be prepared for such party.

(b) Such wrappers must be submitted for approval if they bear illustrations of animals the carcasses of which are amenable to the Federal meat-inspection regulations in this subchapter; illustrations of corn, nuts, or other materials recognized as feedstuffs for such animals; or statements not within the scope of those outlined above.

(c) The foregoing does not authorize the omission of trade labels or other markings required under the regulations in this subchapter, but the application of approved labels to such illustrated wrappers does not necessitate the approval of the wrappers themselves.

(d) The approval of the name of a product in singular form on stencils, box dies, and brands authorizes the modification of such markings by substituting the name in its plural form, and, conversely, the approval of a plural name authorizes the use of that in singular form.

(e) A slight change in arrangement of directions pertaining to the opening of cans or the serving of the product, or in the application of the name of the establishment or distributor or qualifications accompanying such name, or the omission or addition of the words "net weight" qualifying the figures denoting quantity, does not necessitate individual approval of labels involved.

(f) It is urged that an examination be made promptly of existing label files and that there be forwarded to the Washington office a list of all materials which are obsolete or the approval of which is unnecessary under present rulings. When the reported materials are duplicates of other approvals within the scope of recent rulings the reference to the duplications should be accompanied, in each case, by the number of the approval which is to remain in effect. A frequent examination of the files should be made with the view to determining and reporting obsolete materials in order that the current files may be reduced to a minimum.

(g) When approvals or labels and other materials are rescinded or temporary permission incident to their use expires, such materials should be removed from the bureau-station files and stored in a proper place for a period of two years following the date of rescindment or expiration of the time limit, after which period the materials may be destroyed. [SRA, BAI 198, Oct. 1923]

17.13 Approval of labels and other markings on meat and products; further supplementary simplified procedure. In continuation of the steps recently taken with the view to simplifying the

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*For statutory citation, see note to § 17.1.

approval of labels and other markings on meat and products, the following procedure supplementing that outlined in §§ 17.11, 17.12 is authorized:

(a) The approval of markings such as labels (including craft sheets), stencils, and box dies, applied to shipping containers, may be considered as being in blanket form with reference to the number, size, and description of the units contained in such shipping containers. For example, the approval of a label bearing the statement "2 Doz. Tins No. 1" authorizes the use of a duplicate or proportionately enlarged label bearing the statement "12 Jars No. 2," "12 Medium Pails," "Six Large Pails," etc.

(b) The substitution on labels and other markings of such abbreviations as "lbs." in lieu of "pounds," "ozs." in lieu of "ounces," "est." in lieu of "establishment," the addition or omission of the letters "U. S. A.," and the application of such qualifications as "contents,' "minimum weight," "not less than," etc., in addition to the figures denoting the weight or in substitution for other qualifications pertaining to the weight, do not necessitate independent approval of materials. Conversely, the substitution of the complete word "pounds," "ounces," or "establishment" in lieu of the abbreviation, the omission of all qualifications in connection with the weight, or the substitution of the words "net weight" in lieu of such qualifications as "minimum weight," etc., do not require independent approval. It should be understood, however, that this does not apply to the omission or addition of the statement of weight as a whole, and therefore the approval of labels which do not bear the statement of weight does not authorize the use of labels on which the statement of weight is applied, since it is essential for the bureau to pass upon the location and prominence of this feature.

(c) When any of the unessential qualifications above referred to are applied to labels or other materials they shall be so located as not to obscure the establishment number or encroach on the inspection legend or the name of the product.

(d) The correction of labels by obliterating the statement of weight or any other features requires independent submission of such corrected materials for approval.* [SRA, BAI 199, Nov. 1923]

17.14 Approval of gelatin labels. The approval of ink brands is extended to cover the text on gelatin labels when the marking on the latter is similar to the ink brands in all respects, with the usual exception that the approval of a smaller size authorizes the use of a similar marking which is proportionately enlarged.

The foregoing does not alter existing instructions pertaining to the laboratory approval of the constituents of the labels.* [SRA, BAI 209, Sept. 1924]

17.15 Approval of names and terms involved in trade-mark registration. Referring to items in § 17.5 containing lists of names and words approved for all establishments for application by means of stencils, box dies or brands, the bureau's attention has been called to the alleged trade-mark registration of certain names and terms included in the list. The bureau has no jurisdiction in matters of trade

*For statutory citation, see note to § 17.1

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4

mark registration and under the Federal meat-inspection laws and regulations has no alternative other than to approve and permit the use of names and terms which are not false and deceptive in relation to products with which they are to be employed. Such approval carries with it no authority for the use of the marking involved in contravention of other Federal statutes, including those incident to trade-mark registration.* [SRA, BAI 209, Sept. 1924]

17.16 Approval of cloth containers. The approval of printed matter on cloth containers may be accepted as authority for the use of proportionate enlargements. Rulings obviating the necessity of individual approval in cases involving merely dissimilarity in figures or qualifications pertaining to statement of quantity are equally applicable to cloth containers.* [SRA, BAI 216, Apr. 1925]

17.17 Approval of combination markings for meat or product. (a) Since numerous misunderstandings have arisen with regard to required qualifications and the acceptability of certain terms as the true name of the product with reference to rulings authorizing combinations of approved markings without specific approval of such combinations, it is deemed inadvisable to continue the plan so far as it involves combinations of labels, stencils and/or rubber stamps on immediate or true containers.

(b) In order to give establishments an opportunity to secure necessary approvals, previous authorizations with regard to combinations of markings on immediate or true containers, will remain effective until October 1, 1927.

(c) After that date cartons, wrappers, and metal pails, which bear combinations of markings as referred to, should have individual approval of each combination as it appears on the finished container: Provided, That the application of an approved inspection sticker or seal does not necessitate approval of this feature in combination with the other marking. The cartons herein referred to are only those of light material, and do not include corrugated or heavy cardboard shipping containers. Sections of the cartons are acceptable for approval, but reproductions on paper are preferred.

(d) If trade labels of any description are applied to cartons and wrappers in combination with printed statements or features applied by means of rubber stamps or stencils, the trade labels should be affixed to the copies of the carton or wrappers submitted for approval. Labels should be so applied as to show their location on the containers in relation to the other features.

(e) In cases where individual trade labels are applied to metal containers bearing only the lithographed inspection legend and/or the lithographed or embossed statement of the net weight, the present arrangement under which such combinations are authorized by approvals, individually, of the labels and the lithographed or embossed statements, will continue to remain in effect.

The jurisdiction of trade-mark registration is vested in the Patent Office, Department of Commerce, 37 CFR Chapter I.

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*For statutory citation, see note to § 17.1.

(f) The foregoing should not be construed as sanctioning the correction or modification of the printed or lithographed name of the product on labels, cartons, wrappers, or metal pails.

*

(g) When rubber stamps are applied to trade labels, copies of the labels so modified should be submitted for specific approval." [SRA, BAI 244, Aug. 1927]

17.18 Approval of combination markings for meat or product; supplementary procedure authorized. Fibre, strawboard and corrugated shipping containers, the labeling of which comprises combinations of approved stencils, box dies and/or brands, may be permitted to be used without specific approval of such combinations. The combinations of markings must not be inconsistent or such as to result in labeling which is false or misleading in any respect. The containers may bear the printed inspection legend and establishment number or these features may be applied by means of a domestic meat label. The inspection legend and establishment number in either form is subject to bureau approval. When fibre, strawboard or corrugated packages serve the purpose of immediate or true containers as well as shipping containers, they should be submitted for approval of the complete labeling.* [Circ. letter 1551, BAI, June 13, 1928]

17.19 Trade labels to be used only on products for which approved. Trade labels shall be used only on products for which they are approved. They shall not be applied to any meat or product the container of which bears any statement that is false or misleading.** [Reg. 17, sec. 4]

17.20 Meat or product for foreign commerce; trade label may be printed in foreign language; inspection legend and establishment number to be in English. Trade labels to be affixed to packages of any meat or product for foreign commerce may be printed in a foreign language. The inspection legend and the official establishment number shall in all cases appear thereon in English; but, in addition, may appear, literally translated, in foreign languages.** [Reg. 17, sec. 5]

17.21 Name of establishment may appear on label without qualification; labeling of articles prepared for others. The name under which inspection is granted to an official establishment may appear without qualification upon the label or the container of an article prepared by the official establishment so named. When an article is prepared by an official establishment for a person other than one of those to whom inspection has been granted at that establishment, and the name of such person is to appear upon the label or container thereof, a prominent and conspicuous statement shall appear upon the label to the effect that the article was prepared for such person, or the name of such person shall be immediately followed by the word "Brand" in the same size and style of lettering as in the name.* [Reg. 17, sec. 6, BAI order 211 rev., amdt. 11, July 29, 1936]

**For statutory and source citations, see note to § 17.1.

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