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Eberly Poultry

Address: 1095 Mt. Airy Rd, Stevens, PA 17578
Establishment No.: p09965

USDA Inspection Report: 14 Jun 2011

Code: 04B03
Violation: 381.121(a), 381.121(b)

Citation: At 1745 hour I observed an establishment employee weigh seven cases of organic chicken backs, print out labels and apply to the product that include a net weight of 60 lbs. The scale used to weigh the product did not have the tare weight of the box prior to filling it. I US retained the seven [7] cases of organic chicken backs with tag# B24785724 and notified [redacted] of the noncompliance. At 1800 hour the establishment then set the tare weight of the box -2.85 lbs. weighed the chicken backs to 60 lbs as printed on the label. This document serves as written notification of your failure of regulatory requirement(s) 381.121 (a)(b).

Regulation:

381.121(a) The label shall bear a statement of the quantity of contents in terms of weight or measures as provided in paragraph (c)(5) of this section. However, the Administrator may approve the use of labels for certain types of consumer packages which do not bear a statement of the net weight that would otherwise be required under this subparagraph: Provided, That the shipping container bears a statement ‘‘Net weight to be marked on consumer packages prior to display and sale’’: And provided further, That the total net weight of the contents of the shipping container is marked on such container: And provided further, That the shipping container bears a statement ‘‘Tare weight of consumer package’’ and in close proximity thereto, the actual tare weight (weight of packaging material), weighed to the nearest one-eighth ounce or less, of the individual consumer package in the shipping container. The above-specified statements may be added to approved shipping container labels upon approval by the inspector in charge.

381.121(b) When a poultry product and a nonpoultry product are separately wrapped and are placed in a single immediate container bearing the same name of both products, the net weight on such immediate container may be the total net weight of the products, or such immediate container may show the net weights of the poultry product and the nonpoultry product separately. Notwithstanding the other provisions of this paragraph, the label on consumer size retail packages of stuffed poultry and other stuffed poultry products must show the total net weight of the poultry product, and in close proximity thereto, a statement specifying the minimum weight of the poultry in the product.

 

Next Report: USDA Inspection Report: 5 Jul 2011
Previous Report: USDA Inspection Report: 10 Jun 2011

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