From USDA regarding labeling of turkeys:
What Does "Fresh" or "Frozen" Mean on a Turkey Label?
The term "fresh" may ONLY be placed on raw poultry that has never been below 26 °F. Poultry held at 0 °F or below must be labeled "frozen" or "previously frozen." No specific labeling is required on poultry between 0 and 26 °F.
This poultry label rule addresses a truth-in-labeling issue, not food safety, because most pathogenic bacteria do not multiply or multiply very slowly at normal refrigerator temperatures. The Agency concluded that the term "fresh" should not be used on the labeling of raw poultry products that have been chilled to the point they are hard to the touch.
Why is 26 °F the lowest temperature at which poultry remains fresh?
Below 26 °F, raw poultry products become firm to the touch because much of the free water is changing to ice. At 26 °F, the product surface is still pliable and yields to the thumb when pressed. Most consumers consider a product to be fresh, as opposed to frozen, when it is pliable or when it is not hard to the touch.
... or in more detail:
... or hear it straight from Alton's mouth: