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John E. Martin & Sons

Address: 55 Lower Hillside Rd, Stevens, PA 17578
Establishment No.: m08888

USDA Inspection Report: 15 May 2012

Code: 04B04
Violation: 381.121, 381.129

Citation: At approximately 1100 hours, while performing a label verification procedure, I observed that the one pound containers of Turkey in Barbeque Sauce had a label on them that said the net weight was 5 pounds. Tag numbers B30413684 and B30413685 were placed on two racks  176 containers total. Informed Lead, [redacted] of the situation. This is a violation of regulations 381.121(c)6 and 381.129(a).Plant Appealed, not granted. See NR file at establishment.

Regulation:

381.121(c)(6) The statement as it is shown on a label shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container. Reasonable variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices will be recognized. Variations from stated quantity of contents shall be as provided in section 381.121b of this subchapter. The statement shall not include any term qualifying a unit of weight, measure, or count such as ‘‘jumbo quart,’’ ‘‘full gallon,’’ ‘‘giant quart,’’ ‘‘when packed,’’ ‘‘minimum,’’ or words of similar importance except as provided in paragraph (b) of this section.

381.129(a) No poultry product subject to the Act shall have any false or misleading labeling or any container that is so made, formed, or filled as to be misleading misleading. However, established trade names and other labeling and containers which are not false or misleading and which are approved by the Administrator in the regulations or in specific cases are permitted.

 

Next Report: USDA Inspection Report: 15 May 2012
Previous Report: USDA Inspection Report: 8 May 2012

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