|
|
[Code of Federal Regulations]
[Title 21, Volume 2, Parts 100 to 169]
[Revised as of April 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR101]
[Page 10-153]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES--CONTINUED
PART 101--FOOD LABELING
Subpart A--General Provisions
Sec.
101.1 Principal display panel of package form food.
101.2 Information panel of package form food.
101.3 Identity labeling of food in packaged form.
101.4 Food; designation of ingredients.
101.5 Food; name and place of business of manufacturer, packer, or
distributor.
101.8 Labeling of food with number of servings.
101.9 Nutrition labeling of food.
101.10 Nutrition labeling of restaurant foods.
101.12 Reference amounts customarily consumed per eating occasion.
101.13 Nutrient content claims--general principles.
101.14 Health claims: general requirements.
101.15 Food; prominence of required statements.
101.17 Food labeling warning and notice statements.
101.18 Misbranding of food.
Subpart B--Specific Food Labeling Requirements
101.22 Foods; labeling of spices, flavorings, colorings and chemical
preservatives.
101.29 Labeling of kosher and kosher-style foods.
101.30 Percentage juice declaration for foods purporting to be
beverages that contain fruit or vegetable juice.
Subpart C--Specific Nutrition Labeling Requirements and Guidelines
101.36 Nutrition labeling of dietary supplements of vitamins and
minerals (eff. 7-5-95).
101.42 Nutrition labeling of raw fruit, vegetables, and fish.
101.43 Substantial compliance of food retailers with the guidelines for
the voluntary nutrition labeling of raw fruit, vegetables, and
fish.
101.44 Identification of the 20 most frequently consumed raw fruit,
vegetables, and fish in the United States.
101.45 Guidelines for the voluntary nutrition labeling of raw fruit,
vegetables, and fish.
Subpart D--Specific Requirements for Nutrient Content Claims
101.54 Nutrient content claims for ``good source,'' ``high,'' and
``more.''
101.56 Nutrient content claims for ``light'' or ``lite.''
101.60 Nutrient content claims for the calorie content of foods.
101.61 Nutrient content claims for the sodium content of foods.
101.62 Nutrient content claims for fat, fatty acid, and cholesterol
content of foods.
101.65 Implied nutrient content claims and related label statements.
101.67 Use of nutrient content claims for butter.
101.69 Petitions for nutrient content claims.
Subpart E--Specific Requirements for Health Claims
101.70 Petitions for health claims.
101.71 Health claims: claims not authorized.
101.72 Health claims: calcium and osteoporosis.
101.73 Health claims: dietary lipids and cancer.
101.74 Health claims: sodium and hypertension.
101.75 Health claims: dietary saturated fat and cholesterol and risk of
coronary heart disease.
101.76 Health claims: fiber-containing grain products, fruits, and
vegetables and cancer.
101.77 Health claims: fruits, vegetables, and grain products that
contain fiber, particularly soluble fiber, and risk of
coronary heart disease.
101.78 Health claims: fruits and vegetables and cancer.
101.79 Health claims: folate and neural tube defects.
[[Page 11]]
101.80 Health claims: dietary sugar alcohols and dental caries.
101.81 Health claims: Soluble fiber from whole oats and risk of
coronary heart disease (CHD).
Subpart F--Specific Requirements for Descriptive Claims That Are Neither
Nutrient Content Claims nor Health Claims
101.95 ``Fresh,'' ``freshly frozen,'' ``fresh frozen,'' ``frozen
fresh.''
Subpart G--Exemptions From Food Labeling Requirements
101.100 Food; exemptions from labeling.
101.105 Declaration of net quantity of contents when exempt.
101.108 Temporary exemptions for purposes of conducting authorized food
labeling experiments.
Appendix A to Part 101--Monier-Williams Procedure (With Modifications)
for Sulfites in Food, Center for Food Safety and Applied
Nutrition, Food and Drug Administration (November 1985)
Appendix B to Part 101--Graphic Enhancements Used by the FDA
Appendix C to Part 101--Nutrition Facts for Raw Fruits and Vegetables
Appendix D to Part 101--Nutrition Facts for Cooked Fish
Authority: Secs. 4, 5, 6 of the Fair Packaging and Labeling Act (15
U.S.C. 1453, 1454, 1455); secs. 201, 301, 402, 403, 409, 701 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 342, 343, 348,
371).
Source: 42 FR 14308, Mar. 15, 1977, unless otherwise noted.
Subpart A--General Provisions
Sec. 101.1 Principal display panel of package form food.
The term principal display panel as it applies to food in package
form and as used in this part, means the part of a label that is most
likely to be displayed, presented, shown, or examined under customary
conditions of display for retail sale. The principal display panel shall
be large enough to accommodate all the mandatory label information
required to be placed thereon by this part with clarity and
conspicuousness and without obscuring design, vignettes, or crowding.
Where packages bear alternate principal display panels, information
required to be placed on the principal display panel shall be duplicated
on each principal display panel. For the purpose of obtaining uniform
type size in declaring the quantity of contents for all packages of
substantially the same size, the term area of the principal display
panel means the area of the side or surface that bears the principal
display panel, which area shall be:
(a) In the case of a rectangular package where one entire side
properly can be considered to be the principal display panel side, the
product of the height times the width of that side;
(b) In the case of a cylindrical or nearly cylindrical container, 40
percent of the product of the height of the container times the
circumference;
(c) In the case of any otherwise shaped container, 40 percent of the
total surface of the container: Provided, however, That where such
container presents an obvious ``principal display panel'' such as the
top of a triangular or circular package of cheese, the area shall
consist of the entire top surface. In determining the area of the
principal display panel, exclude tops, bottoms, flanges at tops and
bottoms of cans, and shoulders and necks of bottles or jars. In the case
of cylindrical or nearly cylindrical containers, information required by
this part to appear on the principal display panel shall appear within
that 40 percent of the circumference which is most likely to be
displayed, presented, shown, or examined under customary conditions of
display for retail sale.
Sec. 101.2 Information panel of package form food.
(a) The term information panel as it applies to packaged food means
that part of the label immediately contiguous and to the right of the
principal display panel as observed by an individual facing the
principal display panel with the following exceptions:
(1) If the part of the label immediately contiguous and to the right
of the principal display panel is too small to accommodate the necessary
information or is otherwise unusable label space, e.g., folded flaps or
can ends, the panel immediately contiguous and to the right of this part
of the label may be used.
[[Page 12]]
(2) If the package has one or more alternate principal display
panels, the information panel is immediately contiguous and to the right
of any principal display panel.
(3) If the top of the container is the principal display panel and
the package has no alternate principal display panel, the information
panel is any panel adjacent to the principal display panel.
(b) All information required to appear on the label of any package
of food pursuant to Secs. 101.4, 101.5, 101.8, 101.9, 101.13, 101.17,
subpart D of part 101, and part 105 of this chapter shall appear either
on the principal display panel or on the information panel, unless
otherwise specified by regulations in this chapter.
(c) All information appearing on the principal display panel or the
information panel pursuant to this section shall appear prominently and
conspicuously, but in no case may the letters and/or numbers be less
than one-sixteenth inch in height unless an exemption pursuant to
paragraph (f) of this section is established. The requirements for
conspicuousness and legibility shall include the specifications of
Secs. 101.105(h) (1) and (2) and 101.15.
(1) Packaged foods are exempt from the type size requirements of
this paragraph: Provided, That:
(i) The package is designed such that it has a surface area that can
bear an information panel and/or an alternate principal display panel.
(ii) The area of surface available for labeling on the principal
display panel of the package as this term is defined in Sec. 101.1 is
less than 10 square inches.
(iii) The label information includes:
(A) Nutrition labeling in accordance with Sec. 101.9.
(B) A full list of ingredients in accordance with regulations in
this part and the policy expressed in Sec. 101.6.
(iv) The information required by paragraph (b) of this section
appears on the principal display panel or information panel label in
accordance with the provisions of this paragraph (c) except that the
type size is not less than three sixty-fourths inch in height.
(2) Packaged foods are exempt from the type size requirements of
this paragraph: Provided, That:
(i) The package is designed such that it has a single ``obvious
principal display panel'' as this term is defined in Sec. 101.1 and has
no other available surface area for an information panel or alternate
principal display panel.
(ii) The area of surface available for labeling on the principal
display panel of the package as this term is defined in Sec. 101.1 is
less than 12 square inches and bears all labeling appearing on the
package.
(iii) The label information includes:
(A) Nutrition labeling in accordance with Sec. 101.9.
(B) A full list of ingredients in accordance with regulations in
this part and the policy expressed in Sec. 101.6.
(iv) The information required by paragraph (b) of this section
appears on the single, obvious principal display panel in accordance
with the provisions of this paragraph (c) except that the type size is
not less than one thirty-second inch in height.
(3) Packaged foods are exempt from the type size requirements of
this paragraph: Provided, That:
(i) The package is designed such that it has a total surface area
available to bear labeling of less than 12 square inches.
(ii) The label information includes:
(A) Nutrition labeling in accordance with Sec. 101.9.
(B) A full list of ingredients in accordance with regulations in
this part and the policy expressed in Sec. 101.6.
(iii) The information required by paragraph (b) of this section
appears on the principal display panel or information panel label in
accordance with the provisions of this paragraph (c) except that the
type size is not less than one thirty-second inch in height.
(4)(i) Soft drinks packaged in bottles manufactured before October
31, 1975 shall be exempt from the requirements prescribed by this
section to the extent that information which is blown, lithographed, or
formed onto the surface of the bottle is exempt from the size and
placement requirements of this section.
(ii) Soft drinks packaged in bottles shall be exempt from the size
and placement requirements prescribed by this section if all of the
following conditions are met:
[[Page 13]]
(A) If the soft drink is packaged in a bottle bearing a paper,
plastic foam jacket, or foil label, or is packaged in a nonreusable
bottle bearing a label lithographed onto the surface of the bottle or is
packaged in metal cans, the product shall not be exempt from any
requirement of this section other than the exemptions created by
Sec. 1.24(a)(5) (ii) and (v) of this chapter and the label shall bear
all required information in the specified minimum type size, except the
label will not be required to bear the information required by
Sec. 101.5 if this information appears on the bottle closure or on the
lid of the can in a type size not less than one-sixteenth inch in
height, or if embossed on the lid of the can in a type size not less
than one-eighth inch in height.
(B) If the soft drink is packaged in a bottle which does not bear a
paper, plastic foam jacket or foil label, or is packaged in a reusable
bottle bearing a label lithographed onto the surface of the bottle:
(1) Neither the bottle nor the closure is required to bear nutrition
labeling in compliance with Sec. 101.9, except that any multiunit retail
package in which it is contained shall bear nutrition labeling if
required by Sec. 101.9; and any vending machine in which it is contained
shall bear nutrition labeling if nutrition labeling is not present on
the bottle or closure, if required by Sec. 101.9.
(2) All other information pursuant to this section shall appear on
the top of the bottle closure prominently and conspicuously in letters
and/or numbers no less than one thirty-second inch in height, except
that if the information required by Sec. 101.5 is placed on the side of
the closure in accordance with Sec. 1.24(a)(5)(ii) of this chapter, such
information shall appear in letters and/or numbers no less than one-
sixteenth inch in height.
(3) Upon the petition of any interested person demonstrating that
the bottle closure is too small to accommodate this information, the
Commissioner may by regulation establish an alternative method of
disseminating such information. Information appearing on the closure
shall appear in the following priority:
(i) The warning required by Sec. 100.130 of this chapter.
(ii) The statement of ingredients.
(iii) The name and address of the manufacturer, packer, or
distributor.
(iv) The statement of identity.
(5) Individual serving-size packages of food served with meals in
restaurants, institutions, and on board passenger carriers, and not
intended for sale at retail, are exempt from type-size requirements of
this paragraph, provided:
(i) The package has a total area of 3 square inches or less
available to bear labeling;
(ii) There is insufficient area on the package available to print
all required information in a type size of \1/16\ inch in height;
(iii) The label information includes a full list of ingredients in
accordance with regulations in this part and the policy expressed in
Sec. 101.6 of this chapter; and
(iv) The information required by paragraph (b) of this section
appears on the label in accordance with the provisions of this
paragraph, except that the type size is not less than \1/32\ inch in
height.
(d)(1) Except as provided by Sec. 101.9(j)(13) and (j)(17), all
information required to appear on the principal display panel or on the
information panel pursuant to this section shall appear on the same
panel unless there is insufficient space. In determining the sufficiency
of the available space, except as provided by Sec. 101.9(j)(17), any
vignettes, designs, and other nonmandatory label information shall not
be considered. If there is insufficient space for all of this
information to appear on a single panel, it may be divided between these
two panels except that the information required pursuant to any given
section or part shall all appear on the same panel. A food whose label
is required to bear the ingredient statement on the principal display
panel may bear all other information specified in paragraph (b) of this
section on the information panel.
(2) Any food, not otherwise exempted in this section, if packaged in
a container consisting of a separate lid and body, and bearing nutrition
labeling pursuant to Sec. 101.9, and if the lid qualifies for and is
designed to serve as a
[[Page 14]]
principal display panel, shall be exempt from the placement requirements
of this section in the following respects:
(i) The name and place of business information required by
Sec. 101.5 shall not be required on the body of the container if this
information appears on the lid in accordance with this section.
(ii) The nutrition information required by Sec. 101.9 shall not be
required on the lid if this information appears on the container body in
accordance with this section.
(iii) The statement of ingredients required by Sec. 101.4 shall not
be required on the lid if this information appears on the container body
in accordance with this section. Further, the statement of ingredients
is not required on the container body if this information appears on the
lid in accordance with this section.
(e) All information appearing on the information panel pursuant to
this section shall appear in one place without other intervening
material.
(f) If the label of any package of food is too small to accommodate
all of the information required by Secs. 101.4, 101.5, 101.8, 101.9,
101.13, 101.17, subpart D of part 101, and part 105 of this chapter, the
Commissioner may establish by regulation an acceptable alternative
method of disseminating such information to the public, e.g., a type
size smaller than one-sixteenth inch in height, or labeling attached to
or inserted in the package or available at the point of purchase. A
petition requesting such a regulation, as an amendment to this paragraph
shall be submitted pursuant to part 10 of this chapter.
[42 FR 14308, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977;
42 FR 45905, Sept. 13, 1977; 42 FR 47191, Sept. 20, 1977; 44 FR 16006,
Mar. 16, 1979; 49 FR 13339, Apr. 4, 1984; 53 FR 16068, May 5, 1988; 58
FR 44030, Aug. 18, 1993; 60 FR 17205, Apr. 5, 1995]
Sec. 101.3 Identity labeling of food in packaged form.
(a) The principal display panel of a food in package form shall bear
as one of its principal features a statement of the identity of the
commodity.
(b) Such statement of identity shall be in terms of:
(1) The name now or hereafter specified in or required by any
applicable Federal law or regulation; or, in the absence thereof,
(2) The common or usual name of the food; or, in the absence
thereof,
(3) An appropriately descriptive term, or when the nature of the
food is obvious, a fanciful name commonly used by the public for such
food.
(c) Where a food is marketed in various optional forms (whole,
slices, diced, etc.), the particular form shall be considered to be a
necessary part of the statement of identity and shall be declared in
letters of a type size bearing a reasonable relation to the size of the
letters forming the other components of the statement of identity;
except that if the optional form is visible through the container or is
depicted by an appropriate vignette, the particular form need not be
included in the statement. This specification does not affect the
required declarations of identity under definitions and standards for
foods promulgated pursuant to section 401 of the act.
(d) This statement of identity shall be presented in bold type on
the principal display panel, shall be in a size reasonably related to
the most prominent printed matter on such panel, and shall be in lines
generally parallel to the base on which the package rests as it is
designed to be displayed.
(e) Under the provisions of section 403(c) of the Federal Food,
Drug, and Cosmetic Act, a food shall be deemed to be misbranded if it is
an imitation of another food unless its label bears, in type of uniform
size and prominence, the word ``imitation'' and, immediately thereafter,
the name of the food imitated.
(1) A food shall be deemed to be an imitation and thus subject to
the requirements of section 403(c) of the act if it is a substitute for
and resembles another food but is nutritionally inferior to that food.
(2) A food that is a substitute for and resembles another food shall
not be deemed to be an imitation provided it meets each of the following
requirements:
(i) It is not nutritionally inferior to the food for which it
substitutes and which it resembles.
[[Page 15]]
(ii) Its label bears a common or usual name that complies with the
provisions of Sec. 102.5 of this chapter and that is not false or
misleading, or in the absence of an existing common or usual name, an
appropriately descriptive term that is not false or misleading. The
label may, in addition, bear a fanciful name which is not false or
misleading.
(3) A food for which a common or usual name is established by
regulation (e.g., in a standard of identity pursuant to section 401 of
the act, in a common or usual name regulation pursuant to part 102 of
this chapter, or in a regulation establishing a nutritional quality
guideline pursuant to part 104 of this chapter), and which complies with
all of the applicable requirements of such regulation(s), shall not be
deemed to be an imitation.
(4) Nutritional inferiority includes: (i) Any reduction in the
content of an essential nutrient that is present in a measurable amount,
but does not include a reduction in the caloric or fat content provided
the food is labeled pursuant to the provisions of Sec. 101.9, and
provided the labeling with respect to any reduction in caloric content
complies with the provisions applicable to caloric content in part 105
of this chapter.
(ii) For the purpose of this section, a measurable amount of an
essential nutrient in a food shall be considered to be 2 percent or more
of the Daily Reference Value (DRV) of protein listed under
Sec. 101.9(c)(7)(iii) and of potassium listed under Sec. 101.9(c)(9) per
reference amount customarily consumed and 2 percent or more of the
Reference Daily Intake (RDI) of any vitamin or mineral listed under
Sec. 101.9(c)(8)(iv) per reference amount customarily consumed, except
that selenium, molybdenum, chromium, and chloride need not be
considered.
(iii) If the Commissioner concludes that a food is a substitute for
and resembles another food but is inferior to the food imitated for
reasons other than those set forth in this paragraph, he may propose
appropriate revisions to this regulation or he may propose a separate
regulation governing the particular food.
(f) A label may be required to bear the percentage(s) of a
characterizing ingredient(s) or information concerning the presence or
absence of an ingredient(s) or the need to add an ingredient(s) as part
of the common or usual name of the food pursuant to subpart B of part
102 of this chapter.
[42 FR 14308, Mar. 15, 1977, as amended at 48 FR 10811, Mar. 15, 1983;
58 FR 2227, Jan. 6, 1993; 60 FR 67174, Dec. 28, 1995]
Sec. 101.4 Food; designation of ingredients.
(a)(1) Ingredients required to be declared on the label or labeling
of a food, including foods that comply with standards of identity,
except those ingredients exempted by Sec. 101.100, shall be listed by
common or usual name in descending order of predominance by weight on
either the principal display panel or the information panel in
accordance with the provisions of Sec. 101.2.
(2) The descending order of predominance requirements of paragraph
(a)(1) of this section do not apply to ingredients present in amounts of
2 percent or less by weight when a listing of these ingredients is
placed at the end of the ingredient statement following an appropriate
quantifying statement, e.g., ``Contains __ percent or less of ______''
or ``Less than __ percent of ______.'' The blank percentage within the
quantifying statement shall be filled in with a threshold level of 2
percent, or, if desired, 1.5 percent, 1.0 percent, or 0.5 percent, as
appropriate. No ingredient to which the quantifying phrase applies may
be present in an amount greater than the stated threshold.
(b) The name of an ingredient shall be a specific name and not a
collective (generic) name, except that:
(1) Spices, flavorings, colorings and chemical preservatives shall
be declared according to the provisions of Sec. 101.22.
(2) An ingredient which itself contains two or more ingredients and
which has an established common or usual name, conforms to a standard
established pursuant to the Meat Inspection or Poultry Products
Inspection Acts by the U.S. Department of Agriculture, or conforms to a
definition and standard of identity established pursuant to section 401
of the Federal Food, Drug, and Cosmetic Act, shall be designated in the
statement of ingredients
[[Page 16]]
on the label of such food by either of the following alternatives:
(i) By declaring the established common or usual name of the
ingredient followed by a parenthetical listing of all ingredients
contained therein in descending order of predominance except that, if
the ingredient is a food subject to a definition and standard of
identity established in subchapter B of this chapter that has specific
labeling provisions for optional ingredients, optional ingredients may
be declared within the parenthetical listing in accordance with those
provisions.
(ii) By incorporating into the statement of ingredients in
descending order of predominance in the finished food, the common or
usual name of every component of the ingredient without listing the
ingredient itself.
(3) Skim milk, concentrated skim milk, reconstituted skim milk, and
nonfat dry milk may be declared as ``skim milk'' or ``nonfat milk''.
(4) Milk, concentrated milk, reconstituted milk, and dry whole milk
may be declared as ``milk''.
(5) Bacterial cultures may be declared by the word ``cultured''
followed by the name of the substrate, e.g., ``made from cultured skim
milk or cultured buttermilk''.
(6) Sweetcream buttermilk, concentrated sweetcream buttermilk,
reconstituted sweetcream buttermilk, and dried sweetcream buttermilk may
be declared as ``buttermilk''.
(7) Whey, concentrated whey, reconstituted whey, and dried whey may
be declared as ``whey''.
(8) Cream, reconstituted cream, dried cream, and plastic cream
(sometimes known as concentrated milk fat) may be declared as ``cream''.
(9) Butteroil and anhydrous butterfat may be declared as
``butterfat''.
(10) Dried whole eggs, frozen whole eggs, and liquid whole eggs may
be declared as ``eggs''.
(11) Dried egg whites, frozen egg whites, and liquid egg whites may
be declared as ``egg whites''.
(12) Dried egg yolks, frozen egg yolks, and liquid egg yolks may be
declared as ``egg yolks''.
(13) [Reserved]
(14) Each individual fat and/or oil ingredient of a food intended
for human consumption shall be declared by its specific common or usual
name (e.g., ``beef fat'', ``cottonseed oil'') in its order of
predominance in the food except that blends of fats and/or oils may be
designated in their order of predominance in the foods as ``------
shortening'' or ``blend of ------ oils'', the blank to be filled in with
the word ``vegetable'', ``animal'', ``marine'', with or without the
terms ``fat'' or ``oils'', or combination of these, whichever is
applicable if, immediately following the term, the common or usual name
of each individual vegetable, animal, or marine fat or oil is given in
parentheses, e.g., ``vegetable oil shortening (soybean and cottonseed
oil)''. For products that are blends of fats and/or oils and for foods
in which fats and/or oils constitute the predominant ingredient, i.e.,
in which the combined weight of all fat and/or oil ingredients equals or
exceeds the weight of the most predominant ingredient that is not a fat
or oil, the listing of the common or usual names of such fats and/or
oils in parentheses shall be in descending order of predominance. In all
other foods in which a blend of fats and/or oils is used as an
ingredient, the listing of the common or usual names in parentheses need
not be in descending order of predominance if the manufacturer, because
of the use of varying mixtures, is unable to adhere to a constant
pattern of fats and/or oils in the product. If the fat or oil is
completely hydrogenated, the name shall include the term hydrogenated,
or if partially hydrogenated, the name shall include the term partially
hydrogenated. If each fat and/or oil in a blend or the blend is
completely hydrogenated, the term ``hydrogenated'' may precede the
term(s) describing the blend, e.g., ``hydrogenated vegetable oil
(soybean, cottonseed, and palm oils)'', rather than preceding the name
of each individual fat and/or oil; if the blend of fats and/or oils is
partially hydrogenated, the term ``partially hydrogenated'' may be used
in the same manner. Fat and/or oil ingredients not present in the
product may be listed if they may sometimes be used in the product. Such
ingredients shall be identified by words indicating that they may not be
[[Page 17]]
present, such as ``or'', ``and/or'', ``contains one or more of the
following:'', e.g., ``vegetable oil shortening (contains one or more of
the following: cottonseed oil, palm oil, soybean oil)''. No fat or oil
ingredient shall be listed unless actually present if the fats and/or
oils constitute the predominant ingredient of the product, as defined in
this paragraph (b)(14).
(15) When all the ingredients of a wheat flour are declared in an
ingredient statement, the principal ingredient of the flour shall be
declared by the name(s) specified in Secs. 137.105, 137.200, 137.220 and
137.225 of this chapter, i.e., the first ingredient designated in the
ingredient list of flour, or bromated flour, or enriched flour, or self-
rising flour is ``flour'', ``white flour'', ``wheat flour'', or ``plain
flour''; the first ingredient designated in the ingredient list of durum
flour is ``durum flour''; the first ingredient designated in the
ingredient list of whole wheat flour, or bromated whole wheat flour is
``whole wheat flour'', ``graham flour'', or ``entire wheat flour''; and
the first ingredient designated in the ingredient list of whole durum
wheat flour is ``whole durum wheat flour''.
(16) Ingredients that act as leavening agents in food may be
declared in the ingredient statement by stating the specific common or
usual name of each individual leavening agent in parentheses following
the collective name ``leavening'', e.g., ``leavening (baking soda,
monocalcium phosphate, and calcium carbonate)''. The listing of the
common or usual name of each individual leavening agent in parentheses
shall be in descending order of predominance: Except, That if the
manufacturer is unable to adhere to a constant pattern of leavening
agents in the product, the listing of individual leavening agents need
not be in descending order of predominance. Leavening agents not present
in the product may be listed if they are sometimes used in the product.
Such ingredients shall be identified by words indicating that they may
not be present, such as ``or'', ``and/or'', ``contains one or more of
the following:''.
(17) Ingredients that act as yeast nutrients in foods may be
declared in the ingredient statement by stating the specific common or
usual name of each individual yeast nutrient in parentheses following
the collective name ``yeast nutrients'', e.g., ``yeast nutrients
(calcium sulfate and ammonium phosphate)''. The listing of the common or
usual name of each individual yeast nutrient in parentheses shall be in
descending order of predominance: Except, That if the manufacturer is
unable to adhere to a constant pattern of yeast nutrients in the
product, the listing of the common or usual names of individual yeast
nutrients need not be in descending order of predominance. Yeast
nutrients not present in the product may be listed if they are sometimes
used in the product. Such ingredients shall be identified by words
indicating that they may not be present, such as ``or'', ``and/or'', or
``contains one or more of the following:''.
(18) Ingredients that act as dough conditioners may be declared in
the ingredient statement by stating the specific common or usual name of
each individual dough conditioner in parentheses following the
collective name ``dough conditioner'', e.g., ``dough conditioners (L-
cysteine, ammonium sulfate)''. The listing of the common or usual name
of each dough conditioner in parentheses shall be in descending order of
predominance: Except, That if the manufacturer is unable to adhere to a
constant pattern of dough conditioners in the product, the listing of
the common or usual names of individual dough conditioners need not be
in descending order of predominance. Dough conditioners not present in
the product may be listed if they are sometimes used in the product.
Such ingredients shall be identified by words indicating that they may
not be present, such as ``or'', ``and/or'', or ``contains one or more of
the following:''.
(19) Ingredients that act as firming agents in food (e.g., salts of
calcium and other safe and suitable salts in canned vegetables) may be
declared in the ingredient statement, in order of predominance
appropriate for the total of all firming agents in the food, by stating
the specific common or usual name of each individual firming agent in
descending order of predominance in parentheses following the collective
[[Page 18]]
name ``firming agents''. If the manufacturer is unable to adhere to a
constant pattern of firming agents in the food, the listing of the
individual firming agents need not be in descending order of
predominance. Firming agents not present in the product may be listed if
they are sometimes used in the product. Such ingredients shall be
identified by words indicating that they may not be present, such as
``or'', ``and/or'', ``contains one or more of the following:''.
(20) For purposes of ingredient labeling, the term sugar shall refer
to sucrose, which is obtained from sugar cane or sugar beets in
accordance with the provisions of Sec. 184.1854 of this chapter.
(21) [Reserved]
(22) Wax and resin ingredients on fresh produce when such produce is
held for retail sale, or when held for other than retail sale by packers
or repackers shall be declared collectively by the phrase ``coated with
food-grade animal-based wax, to maintain freshness'' or the phrase
``coated with food-grade vegetable-, petroleum-, beeswax-, and/or
shellac-based wax or resin, to maintain freshness'' as appropriate. The
terms ``food-grade'' and ``to maintain freshness'' are optional. The
term lac-resin may be substituted for the term shellac.
(c) When water is added to reconstitute, completely or partially, an
ingredient permitted by paragraph (b) of this section to be declared by
a class name, the position of the ingredient class name in the
ingredient statement shall be determined by the weight of the
unreconstituted ingredient plus the weight of the quantity of water
added to reconstitute that ingredient, up to the amount of water needed
to reconstitute the ingredient to single strength. Any water added in
excess of the amount of water needed to reconstitute the ingredient to
single strength shall be declared as ``water'' in the ingredient
statement.
(d) When foods characterized on the label as ``nondairy'' contain a
caseinate ingredient, the caseinate ingredient shall be followed by a
parenthetical statement identifying its source. For example, if the
manufacturer uses the term ``nondairy'' on a creamer that contains
sodium caseinate, it shall include a parenthetical term such as ``a milk
derivative'' after the listing of sodium caseinate in the ingredient
list.
(e) If the percentage of an ingredient is included in the statement
of ingredients, it shall be shown in parentheses following the name of
the ingredient and expressed in terms of percent by weight. Percentage
declarations shall be expressed to the nearest 1 percent, except that
where ingredients are present at levels of 2 percent or less, they may
be grouped together and expressed in accordance with the quantifying
guidance set forth in paragraph (a)(2) of this section.
(f) Except as provided in Sec. 101.100, ingredients that must be
declared on labeling because there is no label for the food, including
foods that comply with standards of identity, shall be listed
prominently and conspicuously by common or usual name in the manner
prescribed by paragraph (b) of this section.
[42 FR 14308, Mar. 15, 1977, as amended at 43 FR 12858, Mar. 28, 1978;
43 FR 24519, June 6, 1978; 48 FR 8054, Feb. 25, 1983; 55 FR 17433, Apr.
25, 1990; 58 FR 2875, Jan. 6, 1993]
Sec. 101.5 Food; name and place of business of manufacturer, packer, or
distributor.
(a) The label of a food in packaged form shall specify conspicuously
the name and place of business of the manufacturer, packer, or
distributor.
(b) The requirement for declaration of the name of the manufacturer,
packer, or distributor shall be deemed to be satisfied, in the case of a
corporation, only by the actual corporate name, which may be preceded or
followed by the name of the particular division of the corporation. In
the case of an individual, partnership, or association, the name under
which the business is conducted shall be used.
(c) Where the food is not manufactured by the person whose name
appears on the label, the name shall be qualified by a phrase that
reveals the connection such person has with such food; such as
``Manufactured for ______'', ``Distributed by ______'', or any other
wording that expresses the facts.
[[Page 19]]
(d) The statement of the place of business shall include the street
address, city, State, and ZIP code; however, the street address may be
omitted if it is shown in a current city directory or telephone
directory. The requirement for inclusion of the ZIP code shall apply
only to consumer commodity labels developed or revised after the
effective date of this section. In the case of nonconsumer packages, the
ZIP code shall appear either on the label or the labeling (including
invoice).
(e) If a person manufactures, packs, or distributes a food at a
place other than his principal place of business, the label may state
the principal place of business in lieu of the actual place where such
food was manufactured or packed or is to be distributed, unless such
statement would be misleading.
Sec. 101.8 Labeling of food with number of servings.
(a) The label of any package of a food that bears a representation
as to the number of servings contained in such package shall bear in
immediate conjunction with such statement, and in the same size type as
is used for such statement, a statement of the net quantity (in terms of
weight, measure, or numerical count) of each such serving; however, such
statement may be expressed in terms that differ from the terms used in
the required statement of net quantity of contents (for example cups,
tablespoons) when such differing term is common to cookery and describes
a constant quantity. Such statement shall not be misleading in any
particular. Where nutrition labeling information is required in
accordance with the provisions of Sec. 101.9, however, the statement of
the net quantity of each serving shall be consistent with the
requirements for serving size expression set forth in that section
(e.g., 10 1-cup (240 milliliters) servings). A statement of the number
of units in a package is not in itself a statement of the number of
servings.
(b) If there exists a voluntary product standard promulgated
pursuant to the procedures found in 15 CFR part 10 by the Department of
Commerce, quantitatively defining the meaning of the term serving with
respect to a particular food, then any label representation as to the
number of servings in such packaged food shall correspond with such
quantitative definition. (Copies of published standards are available
upon request from the National Bureau of Standards, Department of
Commerce, Washington, DC 20234.)
[42 FR 14308, Mar. 15, 1977, as amended at 58 FR 2291, Jan. 6, 1993]
Sec. 101.9 Nutrition labeling of food.
(a) Nutrition information relating to food shall be provided for all
products intended for human consumption and offered for sale unless an
exemption is provided for the product in paragraph (j) of this section.
(1) When food is in package form, the required nutrition labeling
information shall appear on the label in the format specified in this
section.
(2) When food is not in package form, the required nutrition
labeling information shall be displayed clearly at the point of purchase
(e.g., on a counter card, sign, tag affixed to the product, or some
other appropriate device). Alternatively, the required information may
be placed in a booklet, looseleaf binder, or other appropriate format
that is available at the point of purchase.
(3) Solicitation of requests for nutrition information by a
statement ``For nutrition information write to ______'' on the label or
in the labeling or advertising for a food, or providing such information
in a direct written reply to a solicited or unsolicited request, does
not subject the label or the labeling of a food exempted under paragraph
(j) of this section to the requirements of this section if the reply to
the request conforms to the requirements of this section.
(4) If any vitamin or mineral is added to a food so that a single
serving provides 50 percent or more of the Reference Daily Intake (RDI)
for the age group for which the product is intended, as specified in
paragraph (c)(8)(iv) of this section, of any one of the added vitamins
or minerals, unless such addition is permitted or required in other
regulations, e.g., a standard of identity or nutritional quality
guideline, or is otherwise exempted by the
[[Page 20]]
Commissioner, the food shall be considered a food for special dietary
use within the meaning of Sec. 105.3(a)(1)(iii) of this chapter.
(b) Except as provided in Sec. 101.9(h)(3), all nutrient and food
component quantities shall be declared in relation to a serving as
defined in this section.
(1) The term serving or serving size means an amount of food
customarily consumed per eating occasion by persons 4 years of age or
older which is expressed in a common household measure that is
appropriate to the food. When the food is specially formulated or
processed for use by infants or by toddlers, a serving or serving size
means an amount of food customarily consumed per eating occasion by
infants up to 12 months of age or by children 1 through 3 years of age,
respectively.
(2) Except as provided in paragraphs (b)(3), (b)(4), and (b)(6) of
this section and for products that are intended for weight control and
are available only through a weight-control or weight-maintenance
program, serving size declared on a product label shall be determined
from the ``Reference Amounts Customarily Consumed Per Eating Occasion *
* * *'' (reference amounts) that appear in Sec. 101.12(b) using the
procedures described below. For products that are both intended for
weight control and available only through a weight-control program, a
manufacturer may determine the serving size that is consistent with the
meal plan of the program. Such products must bear a statement, ``for
sale only through the ______ program'' (fill in the blank with the name
of the appropriate weight-control program, e.g., Smith's Weight
Control), on the principal display panel. However, the reference amounts
in Sec. 101.12(b) shall be used for purposes of evaluating whether
weight-control products that are available only through a weight-control
program qualify for nutrient content claims or health claims.
(i) For products in discrete units (e.g., muffins, sliced products,
such as sliced bread, or individually packaged products within a
multiserving package) and for products which consist of two or more
foods packaged and presented to be consumed together where the
ingredient represented as the main ingredient is in discrete units
(e.g., pancakes and syrup), the serving size shall be declared as
follows:
(A) If a unit weighs 50 percent or less of the reference amount, the
serving size shall be the number of whole units that most closely
approximates the reference amount for the product category;
(B) If a unit weighs more than 50 percent, but less than 67 percent
of the reference amount, the manufacturer may declare one unit or two
units as the serving size;
(C) If a unit weighs 67 percent or more, but less than 200 percent
of the reference amount, the serving size shall be one unit;
(D) If a unit weighs 200 percent or more of the reference amount,
the manufacturer may declare one unit as the serving size if the whole
unit can reasonably be consumed at a single-eating occasion.
(E) For products that have reference amounts of 100 grams (g) (or
milliliter (mL)) or larger and are individual units within a
multiserving package, if a unit contains more than 150 percent but less
than 200 percent of the reference amount, the manufacturer may decide
whether to declare the individual unit as 1 or 2 servings.
(F) The serving size for maraschino cherries shall be expressed as 1
cherry with the parenthetical metric measure equal to the average weight
of a medium size cherry.
(G) The serving size for products that naturally vary in size (e.g.,
pickles, shellfish, whole fish, and fillet of fish) may be the amount in
ounces that most closely approximates the reference amount for the
product category. Manufacturers shall adhere to the requirements in
paragraph (b)(5)(vi) of this section for expressing the serving size in
ounces.
(H) For products which consist of two or more foods packaged and
presented to be consumed together where the ingredient represented as
the main ingredient is in discrete units (e.g., pancakes and syrup), the
serving size may be the number of discrete units represented as the main
ingredient plus proportioned minor ingredients used to make the
reference amount for the
[[Page 21]]
combined product determined in Sec. 101.12(f).
(I) For packages containing several individual single-serving
containers, each of which is labeled with all required information
including nutrition labeling as specified in Sec. 101.9 (that is, are
labeled appropriately for individual sale as single-serving containers),
the serving size shall be 1 unit.
(ii) For products in large discrete units that are usually divided
for consumption (e.g., cake, pie, pizza, melon, cabbage), for unprepared
products where the entire contents of the package is used to prepare
large discrete units that are usually divided for consumption (e.g.,
cake mix, pizza kit), and for products which consist of two or more
foods packaged and presented to be consumed together where the
ingredient represented as the main ingredient is a large discrete unit
usually divided for consumption (e.g., prepared cake packaged with a can
of frosting), the serving size shall be the fractional slice of the
ready-to-eat product (e.g., 1/12 cake, 1/8 pie, 1/4 pizza, 1/4 melon, 1/
6 cabbage) that most closely approximates the reference amount for the
product category, and may be the fraction of the package used to make
the reference amount for the unprepared product determined in
Sec. 101.12(c) or the fraction of the large discrete unit represented as
the main ingredient plus proportioned minor ingredients used to make the
reference amount for the combined product determined in Sec. 101.12(f).
In expressing the fractional slice, manufacturers shall use 1/2, 1/3, 1/
4, 1/5, 1/6, or smaller fractions that can be generated by further
division by 2 or 3.
(iii) For nondiscrete bulk products (e.g., breakfast cereal, flour,
sugar, dry mixes, concentrates, pancake mixes, macaroni and cheese
kits), and for products which consist of two or more foods packaged and
presented to be consumed together where the ingredient represented as
the main ingredient is a bulk product (e.g., peanut butter and jelly),
the serving size shall be the amount in household measure that most
closely approximates the reference amount for the product category and
may be the amount of the bulk product represented as the main ingredient
plus proportioned minor ingredients used to make the reference amount
for the combined product determined in Sec. 101.12(f).
(3) The serving size for meal products and main dish products as
defined in Sec. 101.13(l) and (m) that comes in single-serving
containers as defined in paragraph (b)(6) of this section shall be the
entire content (edible portion only) of the package. Serving size for
meal products and main dish products in multiserving containers shall be
based on the reference amount applicable to the product in
Sec. 101.12(b) if the product is listed in Sec. 101.12(b). Serving size
for meal products and main dish products in multiserving containers that
are not listed in Sec. 101.12(b) shall be based on the reference amount
according to Sec. 101.12(f).
(4) A variety pack, such as a package containing several varieties
of single-serving units as defined in paragraph (b)(2)(i) of this
section, and a product having two or more compartments with each
compartment containing a different food, shall provide nutrition
information for each variety or food per serving size that is derived
from the reference amount in Sec. 101.12(b) applicable for each variety
or food and the procedures to convert the reference amount to serving
size in paragraph (b)(2) of this section.
(5) For labeling purposes, the term common household measure or
common household unit means cup, tablespoon, teaspoon, piece, slice,
fraction (e.g., 1/4 pizza), ounce (oz), fluid ounce (fl oz), or other
common household equipment used to package food products (e.g., jar,
tray). In expressing serving size in household measures, except as
specified in paragraphs (b)(5)(iv), (b)(5)(v), (b)(5)(vi), and
(b)(5)(vii) of this section, the following rules shall be used:
(i) Cups, tablespoons, or teaspoons shall be used wherever possible
and appropriate except for beverages. For beverages, a manufacturer may
use fluid ounces. Cups shall be expressed in 1/4-or 1/3-cup increments,
tablespoons in whole number of tablespoons for quantities less than 1/4
cup but greater than or equal to 2 tablespoons (tbsp), 1, 1 1/3, 1 1/2,
or 1 2/3 tbsp for quantities less than 2 tbsp but greater than or equal
to 1 tbsp, and teaspoons in whole
[[Page 22]]
number of teaspoons for quantities less than 1 tbsp but greater than or
equal to 1 teaspoon (tsp), and in 1/4-tsp increments for quantities less
than 1 tsp.
(ii) If cups, tablespoons or teaspoons are not applicable, units
such as piece, slice, tray, jar, and fraction shall be used.
(iii) If paragraphs (b)(5)(i) and (b)(5)(ii) of this section are not
applicable, ounces may be used with an appropriate visual unit of
measure such as a dimension of a piece, e.g., 1 oz (28 g/about 1/2
pickle). Ounce measurements shall be expressed in 0.5 oz increments most
closely approximating the reference amount.
(iv) A description of the individual container or package shall be
used for single serving containers and for individually packaged
products within multiserving containers (e.g., can, box, package). A
description of the individual unit shall be used for other products in
discrete units (e.g., piece, slice, cracker, bar).
(v) For unprepared products where the entire contents of the package
is used to prepare large discrete units that are usually divided for
consumption (e.g., cake mix, pizza kit), the fraction or portion of the
package may be used.
(vi) Ounces with an appropriate visual unit of measure, as described
in paragraph (b)(5)(iii) of this section, may be used for products that
naturally vary in size as provided for in paragraph (b)(2)(i)(G) of this
section.
(vii) As provided for in Sec. 101.9(h)(1), for products that consist
of two or more distinct ingredients or components packaged and presented
to be consumed together (e.g. dry macaroni and cheese mix, cake and
muffin mixes with separate ingredient packages, pancakes and syrup),
nutrition information may be declared for each component or as a
composite. The serving size may be provided in accordance with the
provisions of paragraphs (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this
section, or alternatively in ounces with an appropriate visual unit of
measure, as described in paragraph (b)(5)(iii) of this section (e.g.,
declared as separate components: ``3 oz dry macaroni (84 g/about 2/3
cup)'' and ``1 oz dry cheese mix (28 g/about 2 tbsp);'' declared as a
composite value: ``4 oz (112 g/about 2/3 cup macaroni and 2 tbsp dry
cheese mix)'').
(viii) For nutrition labeling purposes, a teaspoon means 5
milliliters (mL), a tablespoon means 15 mL, a cup means 240 mL, 1 fl oz
means 30 mL, and 1 oz in weight means 28 g.
(ix) When a serving size, determined from the reference amount in
Sec. 101.12(b) and the procedures described in this section, falls
exactly half way between two serving sizes, e.g., 2.5 tbsp,
manufacturers shall round the serving size up to the next incremental
size.
(6) A product that is packaged and sold individually and that
contains less than 200 percent of the applicable reference amount shall
be considered to be a single-serving container, and the entire content
of the product shall be labeled as one serving except for products that
have reference amounts of 100 g (or mL) or larger, manufacturers may
decide whether a package that contains more than 150 percent but less
than 200 percent of the reference amount is 1 or 2 servings. Packages
sold individually that contain 200 percent or more of the applicable
reference amount may be labeled as a single-serving if the entire
content of the package can reasonably be consumed at a single-eating
occasion.
(7) A label statement regarding a serving shall be the serving size
expressed in common household measures as set forth in paragraphs (b)(2)
through (b)(6) of this section and shall be followed by the equivalent
metric quantity in parenthesis (fluids in milliliters and all other
foods in grams) except for single-serving containers.
(i) For a single-serving container, the parenthetical metric
quantity, which will be presented as part of the net weight statement on
the principal display panel, is not required except where nutrition
information is required on a drained weight basis according to
Sec. 101.9(b)(9). However, if a manufacturer voluntarily provides the
metric quantity on products that can be sold as single servings, then
the numerical value provided as part of the serving size declaration
must be identical to the metric quantity declaration provided as part of
the net quantity of contents statement.
[[Page 23]]
(ii) The gram or milliliter quantity equivalent to the household
measure should be rounded to the nearest whole number except for
quantities that are less than 5 g (mL). The gram (mL) quantity between 2
and 5 g (mL) should be rounded to the nearest 0.5 g (mL) and the g (mL)
quantity less than 2 g (mL) should be expressed in 0.1-g (mL)
increments.
(iii) In addition, serving size may be declared in ounce and fluid
ounce, in parenthesis, following the metric measure separated by a slash
where other common household measures are used as the primary unit for
serving size, e.g., 1 slice (28 g/1 oz) for sliced bread. The ounce
quantity equivalent to the metric quantity should be expressed in 0.1 oz
increments.
(iv) If a manufacturer elects to use abbreviations for units, the
following abbreviations shall be used: tbsp for tablespoon, tsp for
teaspoon, g for gram, mL for milliliter, oz for ounce, and fl oz for
fluid ounce.
(v) For products that only require the addition of water or another
ingredient that contains insignificant amounts of nutrients in the
amount added and that are prepared in such a way that there are no
significant changes to the nutrient profile, the amount of the finished
product may be declared in parentheses at the end of the serving size
declaration (e.g., 1/2 cup (120 mL) concentrated soup (makes 1 cup
prepared)).
(vi) To promote uniformity in label serving sizes in household
measures declared by different manufacturers, FDA has provided a
guideline entitled, ``Guidelines for Determining the Gram Weight of the
Household Measure.'' The guideline can be obtained from the Office of
Food Labeling (HFS-150), Center for Food Safety and Applied Nutrition,
Food and Drug Administration, 200 C St. SW., Washington, DC 20204.
(8) Determination of the number of servings per container shall be
based on the serving size of the product determined by following the
procedures described in this section.
(i) The number of servings shall be rounded to the nearest whole
number except for the number of servings between 2 and 5 servings and
random weight products. The number of servings between 2 and 5 servings
shall be rounded to the nearest 0.5 serving. Rounding should be
indicated by the use of the term about (e.g., about 2 servings, about
3.5 servings).
(ii) When the serving size is required to be expressed on a drained
solids basis and the number of servings varies because of a natural
variation in unit size (e.g., maraschino cherries, pickles), the
manufacturer may state the typical number of servings per container
(e.g., usually 5 servings).
(iii) For random weight products, a manufacturer may declare
``varied'' for the number of servings per container provided the
nutrition information is based on the reference amount expressed in
ounces. The manufacturer may provide the typical number of servings in
parenthesis following the ``varied'' statement.
(iv) For packages containing several individual single-serving
containers, each of which is labeled with all required information
including nutrition labeling as specified in Sec. 101.9 (that is, are
labeled appropriately for individual sale as single-serving containers),
the number of servings shall be the number of individual packages within
the total package.
(v) For packages containing several individually packaged
multiserving units, the number of servings shall be determined by
multiplying the number of individual multiserving units in the total
package by the number of servings in each individual unit.
(9) The declaration of nutrient and food component content shall be
on the basis of food as packaged or purchased with the exception of raw
fish covered under Sec. 101.42 (see 101.44), packaged single-ingredient
products that consist of fish or game meat as provided for in paragraph
(j)(11) of this section, and of foods that are packed or canned in
water, brine, or oil but whose liquid packing medium is not customarily
consumed (e.g., canned fish, maraschino cherries, pickled fruits, and
pickled vegetables). Declaration of nutrient and food component content
of raw fish shall follow the provisions in Sec. 101.45. Declaration of
the nutrient and food component content of foods that
[[Page 24]]
are packed in liquid which is not customarily consumed shall be based on
the drained solids.
(10) Another column of figures may be used to declare the nutrient
and food component information:
(i) Per 100 g or 100 mL, or per 1 oz or 1 fl oz of the food as
packaged or purchased;
(ii) Per one unit if the serving size of a product in discrete units
in a multiserving container is more than 1 unit;
(iii) Per cup popped for popcorn in a multiserving container.
(11) If a product is promoted on the label, labeling, or advertising
for a use that differs in quantity by twofold or greater from the use
upon which the reference amount in Sec. 101.12(b) was based (e.g.,
liquid cream substitutes promoted for use with breakfast cereals), the
manufacturer shall provide a second column of nutrition information
based on the amount customarily consumed in the promoted use, in
addition to the nutrition information per serving derived from the
reference amount in Sec. 101.12(b), except that nondiscrete bulk
products that are used primarily as ingredients (e.g., flour,
sweeteners, shortenings, oils), or traditionally used for multipurposes
(e.g., eggs, butter, margarine), and multipurpose baking mixes are
exempt from this requirement.
(c) The declaration of nutrition information on the label and in
labeling of a food shall contain information about the level of the
following nutrients, except for those nutrients whose inclusion, and the
declaration of amounts, is voluntary as set forth in this paragraph. No
nutrients or food components other than those listed in this paragraph
as either mandatory or voluntary may be included within the nutrition
label. Except as provided for in paragraphs (f) or (j) of this section,
nutrient information shall be presented using the nutrient names
specified and in the following order in the formats specified in
paragraphs (d) or (e) of this section.
(1) ``Calories, total,'' ``Total calories,'' or ``Calories'': A
statement of the caloric content per serving, expressed to the nearest
5-calorie increment up to and including 50 calories, and 10-calorie
increment above 50 calories, except that amounts less than 5 calories
may be expressed as zero. Energy content per serving may also be
expressed in kilojoule units, added in parentheses immediately following
the statement of the caloric content.
(i) Caloric content may be calculated by the following methods.
Where either specific or general food factors are used, the factors
shall be applied to the actual amount (i.e., before rounding) of food
components (e.g., fat, carbohydrate, protein, or ingredients with
specific food factors) present per serving.
(A) Using specific Atwater factors (i. e., the Atwater method) given
in Table 13, ``Energy Value of Foods--Basis and Derivation,'' by A. L.
Merrill and B. K. Watt, United States Department of Agriculture (USDA)
Handbook No. 74 (slightly revised, 1973), which is incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and is
available from the Office of Food Labeling (HFS-150), Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 200 C St.
SW., Washington, DC 20204, or may be inspected at the Office of the
Federal Register, 800 North Capitol St. NW., suite 700, Washington, DC.;
(B) Using the general factors of 4, 4, and 9 calories per gram for
protein, total carbohydrate, and total fat, respectively, as described
in USDA Handbook No. 74 (slightly revised 1973) pp. 9-11, which is
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51 (the availability of this incorporation by reference is given in
paragraph (c)(1)(i)(A) of this section);
(C) Using the general factors of 4, 4, and 9 calories per gram for
protein, total carbohydrate less the amount of insoluble dietary fiber,
and total fat, respectively, as described in USDA Handbook No. 74
(slightly revised 1973) pp. 9-11, which is incorporated by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 (the availability of
this incorporation by reference is given in paragraph (c)(1)(i)(A) of
this section;
(D) Using data for specific food factors for particular foods or
ingredients approved by the Food and Drug Administration (FDA) and
provided in parts
[[Page 25]]
172 or 184 of this chapter, or by other means, as appropriate; or
(E) Using bomb calorimetry data subtracting 1.25 calories per gram
protein to correct for incomplete digestibility, as described in USDA
Handbook No. 74 (slightly revised 1973) p. 10, which is incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 (the
availability of this incorporation by reference is given in paragraph
(c)(1)(i)(A) of this section).
(ii) ``Calories from fat'': A statement of the caloric content
derived from total fat as defined in paragraph (c)(2) of this section in
a serving, expressed to the nearest 5-calorie increment, up to and
including 50 calories, and the nearest 10-calorie increment above 50
calories, except that label declaration of ``calories from fat'' is not
required on products that contain less than 0.5 gram of fat in a serving
and amounts less than 5 calories may be expressed as zero. This
statement shall be declared as provided in paragraph (d)(5) of this
section. Except as provided for in paragraph (f) of this section, if
``Calories from fat'' is not required and, as a result, not declared,
the statement ``Not a significant source of calories from fat'' shall be
placed at the bottom of the table of nutrient values in the same type
size.
(iii) ``Calories from saturated fat'' or ``Calories from saturated''
(VOLUNTARY): A statement of the caloric content derived from saturated
fat as defined in paragraph (c)(2)(i) of this section in a serving may
be declared voluntarily, expressed to the nearest 5-calorie increment,
up to and including 50 calories, and the nearest 10-calorie increment
above 50 calories, except that amounts less than 5 calories may be
expressed as zero. This statement shall be indented under the statement
of calories from fat as provided in paragraph (d)(5) of this section.
(2) ``Fat, total'' or ``Total fat'': A statement of the number of
grams of total fat in a serving defined as total lipid fatty acids and
expressed as triglycerides. Amounts shall be expressed to the nearest
0.5 (1/2) gram increment below 5 grams and to the nearest gram increment
above 5 grams. If the serving contains less than 0.5 gram, the content
shall be expressed as zero.
(i) ``Saturated fat,'' or ``Saturated'': A statement of the number
of grams of saturated fat in a serving defined as the sum of all fatty
acids containing no double bonds, except that label declaration of
saturated fat content information is not required for products that
contain less than 0.5 gram of total fat in a serving if no claims are
made about fat or cholesterol content, and if ``calories from saturated
fat'' is not declared. Except as provided for in paragraph (f) of this
section, if a statement of the saturated fat content is not required
and, as a result, not declared, the statement ``Not a significant source
of saturated fat'' shall be placed at the bottom of the table of
nutrient values in the same type size. Saturated fat content shall be
indented and expressed as grams per serving to the nearest 0.5 (1/2)
gram increment below 5 grams and to the nearest gram increment above 5
grams. If the serving contains less than 0.5 gram, the content shall be
expressed as zero.
(ii) ``Polyunsaturated fat'' or ``Polyunsaturated'' (VOLUNTARY): A
statement of the number of grams of polyunsaturated fat in a serving
defined as cis,cis-methylene-interrupted polyunsaturated fatty acids may
be declared voluntarily, except that when monounsaturated fat is
declared, or when a claim about fatty acids or cholesterol is made on
the label or in labeling of a food other than one that meets the
criteria in Sec. 101.62(b)(1) for a claim for ``fat free,'' label
declaration of polyunsaturated fat is required. Polyunsaturated fat
content shall be indented and expressed as grams per serving to the
nearest 0.5 (1/2) gram increment below 5 grams and to the nearest gram
increment above 5 grams. If the serving contains less than 0.5 gram, the
content shall be expressed as zero.
(iii) ``Monounsaturated fat'' or ``Monounsaturated'' (VOLUNTARY): A
statement of the number of grams of monounsaturated fat in a serving
defined as cis-monounsaturated fatty acids may be declared voluntarily
except that when polyunsaturated fat is declared, or when a claim about
fatty acids or cholesterol is made on the label or in labeling of a food
other than one that meets the criteria in Sec. 101.62(b)(1) for a claim
for ``fat free,''
[[Page 26]]
label declaration of monounsaturated fat is required. Monounsaturated
fat content shall be indented and expressed as grams per serving to the
nearest 0.5 (1/2) gram increment below 5 grams and to the nearest gram
increment above 5 grams. If the serving contains less than 0.5 gram, the
content shall be expressed as zero.
(3) ``Cholesterol'': A statement of the cholesterol content in a
serving expressed in milligrams to the nearest 5-milligram increment,
except that label declaration of cholesterol information is not required
for products that contain less than 2 milligrams cholesterol in a
serving and make no claim about fat, fatty acids, or cholesterol
content, or such products may state the cholesterol content as zero.
Except as provided for in paragraph (f) of this section, if cholesterol
content is not required and, as a result, not declared, the statement
``Not a significant source of cholesterol'' shall be placed at the
bottom of the table of nutrient values in the same type size. If the
food contains 2 to 5 milligrams of cholesterol per serving, the content
may be stated as ``less than 5 milligrams.''
(4) ``Sodium'': A statement of the number of milligrams of sodium in
a specified serving of food expressed as zero when the serving contains
less than 5 milligrams of sodium, to the nearest 5-milligram increment
when the serving contains 5 to 140 milligrams of sodium, and to the
nearest 10-milligram increment when the serving contains greater than
140 milligrams.
(5) ``Potassium'' (VOLUNTARY): A statement of the number of
milligrams of potassium in a specified serving of food may be declared
voluntarily, except that when a claim is made about potassium content,
label declaration shall be required. Potassium content shall be
expressed as zero when the serving contains less than 5 milligrams of
potassium, to the nearest 5-milligram increment when the serving
contains less than or equal to 140 milligrams of potassium, and to the
nearest 10-milligram increment when the serving contains more than 140
milligrams.
(6) ``Carbohydrate, total'' or ``Total carbohydrate'': A statement
of the number of grams of total carbohydrate in a serving expressed to
the nearest gram, except that if a serving contains less than 1 gram,
the statement ``Contains less than 1 gram'' or ``less than 1 gram'' may
be used as an alternative, or if the serving contains less than 0.5
gram, the content may be expressed as zero. Total carbohydrate content
shall be calculated by subtraction of the sum of the crude protein,
total fat, moisture, and ash from the total weight of the food. This
calculation method is described in A. L. Merrill and B. K. Watt,
``Energy Value of Foods--Basis and Derivation,'' USDA Handbook 74
(slightly revised 1973) pp. 2 and 3, which is incorporated by reference
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 (the availability
of this incorporation by reference is given in paragraph (c)(1)(i)(A) of
this section).
(i) ``Dietary fiber'': A statement of the number of grams of total
dietary fiber in a serving, indented and expressed to the nearest gram,
except that if a serving contains less than 1 gram, declaration of
dietary fiber is not required or, alternatively, the statement
``Contains less than 1 gram'' or ``less than 1 gram'' may be used, and
if the serving contains less than 0.5 gram, the content may be expressed
as zero. Except as provided for in paragraph (f) of this section, if
dietary fiber content is not required and as a result, not declared, the
statement ``Not a significant source of dietary fiber'' shall be placed
at the bottom of the table of nutrient values in the same type size.
(A) ``Soluble fiber'' (VOLUNTARY): A statement of the number of
grams of soluble dietary fiber in a serving may be declared voluntarily
except when a claim is made on the label or in labeling about soluble
fiber, label declaration shall be required. Soluble fiber content shall
be indented under dietary fiber and expressed to the nearest gram,
except that if a serving contains less than 1 gram, the statement
``Contains less than 1 gram'' or ``less than 1 gram'' may be used as an
alternative, and if the serving contains less than 0.5 gram, the content
may be expressed as zero.
(B) ``Insoluble fiber'' (VOLUNTARY): A statement of the number of
grams of insoluble dietary fiber in a serving may be declared
voluntarily except that when a claim is made on the label or in
[[Page 27]]
labeling about insoluble fiber, label declaration shall be required.
Insoluble fiber content shall be indented under dietary fiber and
expressed to the nearest gram except that if a serving contains less
than 1 gram, the statement ``Contains less than 1 gram'' or ``less than
1 gram'' may be used as an alternative, and if the serving contains less
than 0.5 gram, the content may be expressed as zero.
(ii) ``Sugars'': A statement of the number of grams of sugars in a
serving, except that label declaration of sugars content is not required
for products that contain less than 1 gram of sugars in a serving if no
claims are made about sweeteners, sugars, or sugar alcohol content.
Except as provided for in paragraph (f) of this section, if a statement
of the sugars content is not required and, as a result, not declared,
the statement ``Not a significant source of sugars'' shall be placed at
the bottom of the table of nutrient values in the same type size. Sugars
shall be defined as the sum of all free mono- and disaccharides (such as
glucose, fructose, lactose, and sucrose). Sugars content shall be
indented and expressed to the nearest gram, except that if a serving
contains less than 1 gram, the statement ``Contains less then 1 gram''
or ``less than 1 gram'' may be used as an alternative, and if the
serving contains less than 0.5 gram, the content may be expressed as
zero.
(iii) ``Sugar alcohol'' (VOLUNTARY): A statement of the number of
grams of sugar alcohols in a serving may be declared voluntarily on the
label, except that when a claim is made on the label or in labeling
about sugar alcohol or sugars when sugar alcohols are present in the
food, sugar alcohol content shall be declared. For nutrition labeling
purposes, sugar alcohols are defined as the sum of saccharide
derivatives in which a hydroxyl group replaces a ketone or aldehyde
group and whose use in the food is listed by FDA (e.g., mannitol or
xylitol) or is generally recognized as safe (e.g., sorbitol). In lieu of
the term ``sugar alcohol,'' the name of the specific sugar alcohol
(e.g., ``xylitol'') present in the food may be used in the nutrition
label provided that only one sugar alcohol is present in the food. Sugar
alcohol content shall be indented and expressed to the nearest gram,
except that if a serving contains less than 1 gram, the statement
``Contains less then 1 gram'' or ``less than 1 gram'' may be used as an
alternative, and if the serving contains less than 0.5 gram, the content
may be expressed as zero.
(iv) ``Other carbohydrate'' (VOLUNTARY): A statement of the number
of grams of other carbohydrates may be declared voluntarily. Other
carbohydrates shall be defined as the difference between total
carbohydrate and the sum of dietary fiber, sugars, and sugar alcohol,
except that if sugar alcohol is not declared (even if present), it shall
be defined as the difference between total carbohydrate and the sum of
dietary fiber and sugars. Other carbohydrate content shall be indented
and expressed to the nearest gram, except that if a serving contains
less than 1 gram, the statement ``Contains less than 1 gram'' or ``less
than 1 gram'' may be used as an alternative, and if the serving contains
less than 0.5 gram, the content may be expressed as zero.
(7) ``Protein'': A statement of the number of grams of protein in a
serving, expressed to the nearest gram, except that if a serving
contains less than 1 gram, the statement ``Contains less than 1 gram''
or ``less than 1 gram'' may be used as an alternative, and if the
serving contains less than 0.5 gram, the content may be expressed as
zero. When the protein in foods represented or purported to be for
adults and children 4 or more years of age has a protein quality value
that is a protein digestibility-corrected amino acid score of less than
20 expressed as a percent, or when the protein in a food represented or
purported to be for children greater than 1 but less than 4 years of age
has a protein quality value that is a protein digestibility-corrected
amino acid score of less than 40 expressed as a percent, either of the
following shall be placed adjacent to the declaration of protein content
by weight: The statement ``not a significant source of protein,'' or a
listing aligned under the column headed ``Percent Daily Value'' of the
corrected amount of protein per serving, as determined in paragraph
(c)(7)(ii) of this section, calculated as a
[[Page 28]]
percentage of the Daily Reference Value (DRV) or Reference Daily Intake
(RDI), as appropriate, for protein and expressed as Percent of Daily
Value. When the protein quality in a food as measured by the Protein
Efficiency Ratio (PER) is less than 40 percent of the reference standard
(casein) for a food represented or purported to be for infants, the
statement ``not a significant source of protein'' shall be placed
adjacent to the declaration of protein content. Protein content may be
calculated on the basis of the factor of 6.25 times the nitrogen content
of the food as determined by the appropriate method of analysis as given
in the ``Official Methods of Analysis of the AOAC International''
(formerly the Association of Official Analytical Chemists), 15th Ed.
(1990), which is incorporated by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51, except when the official procedure for a
specific food requires another factor. Copies may be obtained from AOAC,
2200 Wilson Blvd., suite 400, Arlington, VA 22201-3301, or may be
inspected at the Office of the Federal Register, 800 North Capitol St.
NW., suite 700, Washington, DC.
(i) A statement of the corrected amount of protein per serving, as
determined in paragraph (c)(7)(ii) of this section, calculated as a
percentage of the RDI or DRV for protein, as appropriate, and expressed
as Percent of Daily Value, may be placed on the label, except that such
a statement shall be given if a protein claim is made for the product,
or if the product is represented or purported to be for use by infants
or children under 4 years of age. When such a declaration is provided,
it shall be placed on the label adjacent to the statement of grams of
protein and aligned under the column headed ``Percent Daily Value,'' and
expressed to the nearest whole percent. However, the percentage of the
RDI for protein shall not be declared if the food is represented or
purported to be for use by infants and the protein quality value is less
than 40 percent of the reference standard.
(ii) The ``corrected amount of protein (gram) per serving'' for
foods represented or purported for adults and children 1 or more years
of age is equal to the actual amount of protein (gram) per serving
multiplied by the amino acid score corrected for protein digestibility.
If the corrected score is above 1.00, then it shall be set at 1.00. The
protein digestibility-corrected amino acid score shall be determined by
methods given in sections 5.4.1, 7.2.1, and 8.00 in ``Protein Quality
Evaluation, Report of the Joint FAO/WHO Expert Consultation on Protein
Quality Evaluation,'' Rome, 1990, except that when official AOAC
procedures described in section (c)(7) of this paragraph require a
specific food factor other than 6.25, that specific factor shall be
used. The ``Report of the Joint FAO/WHO Expert Consultation on Protein
Quality Evaluation'' as published by the Food and Agriculture
Organization of the United Nations/World Health Organization is
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies are available from the Center for Food Safety and
Applied Nutrition (HFS-150), Food and Drug Administration, 200 C St.
SW., Washington, DC 20204, or may be inspected at the Office of the
Federal Register, 800 North Capitol St. NW., suite 700, Washington, DC.
For foods represented or purported for infants, the corrected amount of
protein (grams) per serving is equal to the actual amount of protein
(grams) per serving multiplied by the relative protein quality value.
The relative protein quality value shall be determined by dividing the
subject food protein PER value by the PER value for casein. If the
relative protein value is above 1.00, it shall be set at 1.00.
(iii) For the purpose of labeling with a percent of the Daily
Reference Value (DRV) or RDI, a value of 50 grams of protein shall be
the DRV for adults and children 4 or more years of age, and the RDI for
protein for children less than 4 years of age, infants, pregnant women,
and lactating women shall be 16 grams, 14 grams, 60 grams, and 65 grams,
respectively.
(8) Vitamins and minerals: A statement of the amount per serving of
the vitamins and minerals as described in this paragraph, calculated as
a percent of the RDI and expressed as percent of Daily Value.
[[Page 29]]
(i) For purposes of declaration of percent of Daily Value as
provided for in paragraphs (d), (e), and (f) of this section, foods
represented or purported to be for use by infants, children less than 4
years of age, pregnant women, or lactating women shall use the RDI's
that are specified for the intended group. For foods represented or
purported to be for use by both infants and children under 4 years of
age, the percent of Daily Value shall be presented by separate
declarations according to paragraph (e) of this section based on the RDI
values for infants from birth to 12 months of age and for children under
4 years of age. Similarly, the percent of Daily Value based on both the
RDI values for pregnant women and for lactating women shall be declared
separately on foods represented or purported to be for use by both
pregnant and lactating women. When such dual declaration is used on any
label, it shall be included in all labeling, and equal prominence shall
be given to both values in all such labeling. All other foods shall use
the RDI for adults and children 4 or more years of age.
(ii) The declaration of vitamins and minerals as a percent of the
RDI shall include vitamin A, vitamin C, calcium, and iron, in that
order, and shall include any of the other vitamins and minerals listed
in paragraph (c)(8)(iv) of this section when they are added as a
nutrient supplement, or when a claim is made about them. Other vitamins
and minerals need not be declared if neither the nutrient nor the
component is otherwise referred to on the label or in labeling or
advertising and the vitamins and minerals are:
(A) Required or permitted in a standardized food (e.g., thiamin,
riboflavin, and niacin in enriched flour) and that standardized food is
included as an ingredient (i.e., component) in another food; or
(B) Included in a food solely for technological purposes and
declared only in the ingredient statement. The declaration may also
include any of the other vitamins and minerals listed in paragraph
(c)(8)(iv) of this section when they are naturally occurring in the
food. The additional vitamins and minerals shall be listed in the order
established in paragraph (c)(8)(iv) of this section.
(iii) The percentages for vitamins and minerals shall be expressed
to the nearest 2-percent increment up to and including the 10-percent
level, the nearest 5-percent increment above 10 percent and up to and
including the 50-percent level, and the nearest 10-percent increment
above the 50-percent level. Amounts of vitamins and minerals present at
less than 2 percent of the RDI are not required to be declared in
nutrition labeling but may be declared by a zero or by the use of an
asterisk (or other symbol) that refers to another asterisk (or symbol)
that is placed at the bottom of the table and that is followed by the
statement ``Contains less than 2 percent of the Daily Value of this
(these) nutrient (nutrients).'' Alternatively, except as provided for in
paragraph (f) of this section, if vitamin A, vitamin C, calcium, or iron
is present in amounts less than 2 percent of the RDI, label declaration
of the nutrient(s) is not required if the statement ``Not a significant
source of ______ (listing the vitamins or minerals omitted)'' is placed
at the bottom of the table of nutrient values. Either statement shall be
in the same type size as nutrients that are indented.
(iv) The following RDI's and nomenclature are established for the
following vitamins and minerals which are essential in human nutrition:
Vitamin A, 5,000 International Units
Vitamin C, 60 milligrams
Calcium, 1,000 milligrams
Iron, 18 milligrams
Vitamin D, 400 International Units
Vitamin E, 30 International Units
Vitamin K, 80 micrograms
Thiamin, 1.5 milligrams
Riboflavin, 1.7 milligrams
Niacin, 20 milligrams
Vitamin B<INF>6,</INF> 2.0 milligrams
Folate, 400 micrograms
Vitamin B<INF>12,</INF> 6 micrograms
Biotin, 300 micrograms
Pantothenic acid, 10 milligrams
Phosphorus, 1,000 milligrams
Iodine, 150 micrograms
Magnesium, 400 milligrams
Zinc, 15 milligrams
Selenium, 70 micrograms
Copper, 2.0 milligrams
Manganese, 2.0 milligrams
Chromium, 120 micrograms
[[Page 30]]
Molybdenum, 75 micrograms
Chloride, 3,400 milligrams
(v) The following synonyms may be added in parentheses immediately
following the name of the nutrient or dietary component:
Vitamin C--Ascorbic acid
Thiamin--Vitamin B<INF>1</INF>
Riboflavin--Vitamin B<INF>2</INF>
Folate--either Folic acid or Folacin may be used.
Calories--Energy
(vi) A statement of the percent of vitamin A that is present as
beta-carotene may be declared voluntarily. When the vitamins and
minerals are listed in a single column, the statement shall be indented
under the information on vitamin A. When vitamins and minerals are
arrayed horizontally, the statement of percent shall be presented in
parenthesis following the declaration of vitamin A and the percent DV of
vitamin A in the food (e.g., ``Percent Daily Value: Vitamin A 50 (90
percent as beta-carotene)''). When declared, the percentages shall be
expressed in the same increments as are provided for vitamins and
minerals in paragraph (c)(8)(iii) of this section.
(9) For the purpose of labeling with a percent of the DRV, the
following DRV's are established for the following food components based
on the reference caloric intake of 2,000 calories:
------------------------------------------------------------------------
Unit of
Food component measurement DRV
------------------------------------------------------------------------
Fat............................. gram (g).......... 65
Saturated fatty acids........... do................ 20
Cholesterol..................... milligrams (mg)... 300
Total carbohydrate.............. grams (g)......... 300
Fiber........................... do................ 25
Sodium.......................... milligrams (mg)... 2,400
Potassium....................... do................ 3,500
Protein......................... grams (g)......... 50
------------------------------------------------------------------------
(d)(1) Nutrient information specified in paragraph (c) of this
section shall be presented on foods in the following format, as shown in
paragraph (d)(12) of this section, except on foods on which dual columns
of nutrition information are declared as provided for in paragraph (e)
of this section, on those food products on which the simplified format
is required to be used as provided for in paragraph (f) of this section,
on foods for infants and children less than 4 years of age as provided
for in paragraph (j)(5) of this section, and on foods in small or
intermediate-sized packages as provided for in paragraph (j)(13) of this
section. In the interest of uniformity of presentation, FDA urges that
the nutrition information be presented using the graphic specifications
set forth in appendix B to part 101.
(i) The nutrition information shall be set off in a box by use of
hairlines and shall be all black or one color type, printed on a white
or other neutral contrasting background whenever practical.
(ii) All information within the nutrition label shall utilize:
(A) A single easy-to-read type style,
(B) Upper and lower case letters,
(C) At least one point leading (i.e., space between two lines of
text) except that at least four points leading shall be utilized for the
information required by paragraphs (d)(7) and (d)(8) of this section as
shown in paragraph (d)(12), and
(D) Letters should never touch.
(iii) Information required in paragraphs (d)(3), (d)(5), (d)(7), and
(d)(8) of this section shall be in type size no smaller than 8 point.
Except for the heading ``Nutrition Facts,'' the information required in
paragraphs (d)(4), (d)(6), and (d)(9) of this section and all other
information contained within the nutrition label shall be in type size
no smaller than 6 point. When provided, the information described in
paragraph (d)(10) of this section shall also be in type no smaller than
6 point.
(iv) The headings required by paragraphs (d)(2), (d)(4), and (d)(6)
of this section (i.e., ``Nutrition Facts,'' ``Amount per Serving,'' and
``% Daily Value*''), the names of all nutrients that are not indented
according to requirements of paragraph (c) of this section (i.e.,
``Calories,'' ``Total Fat,'' ``Cholesterol,'' ``Sodium,'' ``Total
Carbohydrate,'' and ``Protein''), and the percentage amounts required by
paragraph (d)(7)(ii) of this section shall be highlighted by bold or
extra bold type or other highlighting (reverse printing is not permitted
as a form of highlighting) that prominently distinguishes it from other
information. No other information shall be highlighted.
(v) A hairline rule that is centered between the lines of text shall
separate
[[Page 31]]
``Amount Per Serving'' from the calorie statements required in paragraph
(d)(5) of this section and shall separate each nutrient and its
corresponding percent Daily Value required in paragraphs (d)(7)(i) and
(d)(7)(ii) of this section from the nutrient and percent Daily Value
above and below it, as shown in paragraph (d)(12) of this section.
(2) The information shall be presented under the identifying heading
of ``Nutrition Facts'' which shall be set in a type size larger than all
other print size in the nutrition label and, except for labels presented
according to the format provided for in paragraph (d)(11) of this
section, unless impractical, shall be set the full width of the
information provided under paragraph (d)(7) of this section, as shown in
paragraph (d)(12) of this section.
(3) Information on serving size shall immediately follow the heading
as shown in paragraph (d)(12) of this section. Such information shall
include:
(i) ``Serving Size'': A statement of the serving size as specified
in paragraph (b)(7) of this section.
(ii) ``Servings Per Container'': The number of servings per
container, except that this statement is not required on single serving
containers as defined in paragraph (b)(6) of this section or on other
food containers when this information is stated in the net quantity of
contents declaration.
(4) A subheading ``Amount Per Serving'' shall be separated from
serving size information by a bar as shown in paragraph (d)(12) of this
section.
(5) Information on calories shall immediately follow the heading
``Amount Per Serving'' and shall be declared in one line, leaving
sufficient space between the declaration of ``Calories'' and ``Calories
from fat'' to allow clear differentiation, or, if ``Calories from
saturated fat'' is declared, in a column with total ``Calories'' at the
top, followed by ``Calories from fat'' (indented), and ``Calories from
saturated fat'' (indented).
(6) The column heading ``% Daily Value,'' followed by an asterisk
(e.g., ``% Daily Value*''), shall be separated from information on
calories by a bar as shown in paragraph (d)(12) of this section. The
position of this column heading shall allow for a list of nutrient names
and amounts as described in paragraph (d)(7) of this section to be to
the left of, and below, this column heading. The column headings
``Percent Daily Value,'' ``Percent DV,'' or ``% DV'' may be substituted
for ``% Daily Value.''
(7) Except as provided for in paragraph (j)(13) of this section,
nutrient information for both mandatory and any voluntary nutrients
listed in paragraph (c) of this section that are to be declared in the
nutrition label, except vitamins and minerals, shall be declared as
follows:
(i) The name of each nutrient, as specified in paragraph (c) of this
section, shall be given in a column and followed immediately by the
quantitative amount by weight for that nutrient appended with a ``g''
for grams or ``mg'' for milligrams as shown in paragraph (d)(12) of this
section.
(ii) A listing of the percent of the DRV as established in
paragraphs (c)(7)(iii) and (c)(9) of this section shall be given in a
column aligned under the heading ``% Daily Value'' established in
paragraph (d)(6) of this section with the percent expressed to the
nearest whole percent for each nutrient declared in the column described
in paragraph (d)(7)(i) of this section for which a DRV has been
established, except that the percent for protein may be omitted as
provided in paragraph (c)(7) of this section. The percent shall be
calculated by dividing either the amount declared on the label for each
nutrient or the actual amount of each nutrient (i.e., before rounding)
by the DRV for the nutrient, except that the percent for protein shall
be calculated as specified in paragraph (c)(7)(ii) of this section. The
numerical value shall be followed by the symbol for percent (i.e., %).
(8) Nutrient information for vitamins and minerals shall be
separated from information on other nutrients by a bar and shall be
arrayed horizontally (e.g., Vitamin A 4%, Vitamin C 2%, Calcium 15%,
Iron 4%) or may be listed in two columns as shown in paragraph (d)(12)
of this section, except that when more than four vitamins and minerals
[[Page 32]]
are declared, they may be declared vertically with percentages listed
under the column headed ``% Daily Value.''
(9) A footnote, preceded by an asterisk, shall be placed beneath the
list of vitamins and minerals and shall be separated from that list by a
hairline.
(i) The footnote shall state:
Percent Daily Values are based on a 2,000 calorie diet.
Your daily values may be higher or lower depending on your calorie
needs.
------------------------------------------------------------------------
Calories: 2,000 2,500
------------------------------------------------------------------------
Total fat........................ Less than 65 g 80 g
Saturated fat.................... Less than 20 g 25 g
Cholesterol...................... Less than 300 mg 300 mg
Sodium........................... Less than 2,400 mg 2,400 mg
Total carbohydrate............... ............... 300 g 375 g
Dietary fiber.................... ............... 25 g 30 g
------------------------------------------------------------------------
(ii) If the percent of Daily Value is given for protein in the
Percent of Daily Value column as provided in paragraph (d)(7)(ii) of
this section, protein shall be listed under dietary fiber, and a value
of 50 g shall be inserted on the same line in the column headed
``2,000'' and a value of 65 g in the column headed ``2,500''.
(iii) If potassium is declared in the column described in paragraph
(d)(7)(i) of this section, potassium shall be listed under sodium and
the DRV established in paragraph (c)(9) of this section shall be
inserted on the same line in the numeric columns.
(iv) The abbreviations established in paragraph (j)(13)(ii)(B) of
this section may be used within the footnote.
(10) Caloric conversion information on a per gram basis for fat,
carbohydrate, and protein may be presented beneath the information
required in paragraph (d)(9) of this section, separated from that
information by a hairline. This information may be presented
horizontally as shown in paragraph (d)(12) of this section (i.e.,
``Calories per gram: fat 9, carbohydrate 4, protein 4'') or vertically
in columns.
(11)(i) If the space beneath the information on vitamins and
minerals is not adequate to accommodate the information required in
paragraph (d)(9) of this section, the information required in paragraph
(d)(9) may be moved to the right of the column required in paragraph
(d)(7)(ii) of this section and set off by a line that distinguishes it
and sets it apart from the percent Daily Value information. The caloric
conversion information provided for in paragraph (d)(10) of this section
may be presented beneath either side or along the full length of the
nutrition label.
(ii) If the space beneath the mandatory declaration of iron is not
adequate to accommodate any remaining vitamins and minerals to be
declared or the information required in paragraph (d)(9) of this
section, the remaining information may be moved to the right and set off
by a line that distinguishes it and sets it apart from the nutrients and
the percent DV information given to the left. The caloric conversion
information provided for in paragraph (d)(10) of this section may be
presented beneath either side or along the full length of the nutrition
label.
(iii) If there is not sufficient continuous vertical space (i.e.,
approximately 3 in) to accommodate the required components of the
nutrition label up to and including the mandatory declaration of iron,
the nutrition label may be presented in a tabular display as shown
below.
[[Page 33]]
[GRAPHIC] [TIFF OMITTED] TR01JA93.351
[[Page 34]]
(12) The following sample label illustrates the provisions of
paragraph (d) of this section.
[GRAPHIC] [TIFF OMITTED] TR01JA93.352
[[Page 35]]
(13)(i) Nutrition labels on the outer label of packages of products
that contain two or more separately packaged foods that are intended to
be eaten individually (e.g., variety packs of cereals or snack foods) or
of packages that are used interchangeably for the same type of food
(e.g., round ice cream containers) may use an aggregate display.
(ii) Aggregate displays shall comply with the format requirements of
paragraph (d) of this section to the maximum extent possible, except
that the identity of each food shall be specified immediately under the
``Nutrition Facts'' title, and both the quantitative amount by weight
(i.e., g/mg amounts) and the percent Daily Value for each nutrient shall
be listed in separate columns under the name of each food. The following
sample label illustrates an aggregate display.
[GRAPHIC] [TIFF OMITTED] TR01JA93.353
(14) In accordance with Sec. 101.15(c)(2), when nutrition labeling
must appear in a second language, the nutrition information may be
presented in a separate nutrition label for each language or in one
nutrition label with the information in the second language following
that in English. Numeric characters that are identical in both languages
need not be repeated (e.g., ``Protein/Proteinas 2 g''). All required
information must be included in both languages.
(e) Nutrition information may be presented for two or more forms of
the same food (e.g., both ``as purchased'' and ``as prepared'') or for
common combinations of food as provided for in paragraph (h)(4) of this
section, for different units (e.g., slices of bread or per
[[Page 36]]
100 grams) as provided for in paragraph (b) of this section, or for two
or more groups for which RDI's are established (e.g., both infants and
children less than 4 years of age) as shown in paragraph (e)(5) of this
section. When such dual labeling is provided, equal prominence shall be
given to both sets of values. Information shall be presented in a format
consistent with paragraph (d) of this section, except that:
(1) Following the subheading of ``Amount Per Serving,'' there shall
be two or more column headings accurately describing the forms of the
same food (e.g., ``Mix'' and ``Baked''), the combinations of food, the
units, or the RDI groups that are being declared. The column
representing the product as packaged and according to the label serving
size based on the reference amount in Sec. 101.12(b) shall be to the
left of the numeric columns.
(2) When the dual labeling is presented for two or more forms of the
same food, for combinations of food, or for different units, total
calories and calories from fat (and calories from saturated fat, when
declared) shall be listed in a column and indented as specified in
paragraph (d)(5) of this section with quantitative amounts declared in
columns aligned under the column headings set forth in paragraph (e)(1)
of this section.
(3) Quantitative information by weight required in paragraph
(d)(7)(i) of this section shall be specified for the form of the product
as packaged and according to the label serving size based on the
reference amount in Sec. 101.12(b).
(i) Quantitative information by weight may be included for other
forms of the product represented by the additional column(s) either
immediately adjacent to the required quantitative information by weight
for the product as packaged and according to the label serving size
based on the reference amount in Sec. 101.12(b) or as a footnote.
(A) If such additional quantitative information is given immediately
adjacent to the required quantitative information, it shall be declared
for all nutrients listed and placed immediately following and
differentiated from the required quantitative information (e.g.,
separated by a comma). Such information shall not be put in a separate
column.
(B) If such additional quantitative information is given in a
footnote, it shall be declared in the same order as the nutrients are
listed in the nutrition label. The additional quantitative information
may state the total nutrient content of the product identified in the
second column or the nutrient amounts added to the product as packaged
for only those nutrients that are present in different amounts than the
amounts declared in the required quantitative information. The footnote
shall clearly identify which amounts are declared. Any subcomponents
declared shall be listed parenthetically after principal components
(e.g., 1/2 cup skim milk contributes an additional 40 calories, 65 mg
sodium, 6 g total carbohydrate (6 g sugars), and 4 g protein).
(ii) Total fat and its quantitative amount by weight shall be
followed by an asterisk (or other symbol) (e.g., ``Total fat (2 g)*'')
referring to another asterisk (or symbol) at the bottom of the nutrition
label identifying the form(s) of the product for which quantitative
information is presented.
(4) Information required in paragraphs (d)(7)(ii) and (d)(8) of this
section shall be presented under the subheading ``% DAILY VALUE'' and in
columns directly under the column headings set forth in paragraph (e)(1)
of this section.
(5) The following sample label illustrates the provisions of
paragraph (e) of this section:
[[Page 37]]
[GRAPHIC] [TIFF OMITTED] TR01JA93.354
(f) The declaration of nutrition information may be presented in the
simplified format set forth herein when a food product contains
insignificant amounts of seven or more of the following: Calories, total
fat, saturated fat, cholesterol, sodium, total carbohydrate, dietary
fiber, sugars, protein,
[[Page 38]]
vitamin A, vitamin C, calcium, and iron; except that for foods intended
for children less than 2 years of age to which Sec. 101.9(j)(5)(i)
applies, nutrition information may be presented in the simplified format
when a food product contains insignificant amounts of six or more of the
following: Calories, total fat, sodium, total carbohydrate, dietary
fiber, sugars, protein, vitamin A, vitamin C, calcium, and iron.
(1) An ``insignificant amount'' shall be defined as that amount that
allows a declaration of zero in nutrition labeling, except that for
total carbohydrate, dietary fiber, and protein, it shall be an amount
that allows a declaration of ``less than 1 gram.''
(2) The simplified format shall include information on the following
nutrients:
(i) Total calories, total fat, total carbohydrate, protein, and
sodium;
(ii) Calories from fat and any other nutrients identified in
paragraph (f) of this section that are present in the food in more than
insignificant amounts; and
(iii) Any vitamins and minerals listed in paragraph (c)(8)(iv) of
this section when they are required to be added as a nutrient supplement
to foods for which a standard of identity exists.
(iv) Any vitamins or minerals listed in paragraph (c)(8)(iv) of this
section voluntarily added to the food as nutrient supplements.
(3) Other nutrients that are naturally present in the food in more
than insignificant amounts may be voluntarily declared as part of the
simplified format.
(4) If any nutrients are declared as provided in paragraphs
(f)(2)(iii), (f)(2)(iv), or (f)(3) of this section as part of the
simplified format or if any nutrition claims are made on the label or in
labeling, the statement ``Not a significant source of ______'' (with the
blank filled in with the name(s) of any nutrient(s) identified in
Sec. 101.9(f) and calories from fat that are present in insignificant
amounts) shall be included at the bottom of the nutrition label.
(5) Except as provided for in paragraphs (j)(5) and (j)(13) of this
section, nutrient information declared in the simplified format shall be
presented in the same manner as specified in paragraphs (d) or (e) of
this section, except that the footnote required in paragraph (d)(9) of
this section is not required. When the footnote is omitted, an asterisk
shall be placed at the bottom of the label followed by the statement
``Percent Daily Values are based on a 2,000 calorie diet'' and, if the
term ``Daily Value'' is not spelled out in the heading, a statement that
``DV'' represents ``Daily Value.''
(g) Compliance with this section shall be determined as follows:
(1) A collection of primary containers or units of the same size,
type, and style produced under conditions as nearly uniform as possible,
designated by a common container code or marking, or in the absence of
any common container code or marking, a day's production, constitutes a
``lot.''
(2) The sample for nutrient analysis shall consist of a composite of
12 subsamples (consumer units), taken 1 from each of 12 different
randomly chosenshipping cases, to be representative of a lot. Unless a
particular method of analysis is specified in paragraph (c) of this
section, composites shall be analyzed by appropriate methods as given in
the ``Official Methods of Analysis of the AOAC International,'' 15th Ed.
(1990), which is incorporated by reference in accordance with 5 U.S.C.
552(a) or 1 CFR part 51 or, if no AOAC method is available or
appropriate, by other reliable and appropriate analytical procedures.
The availability of this incorporation by reference is given in
paragraph (c)(7) of this section.
(3) Two classes of nutrients are defined for purposes of compliance:
(i) Class I. Added nutrients in fortified or fabricated foods; and
(ii) Class II. Naturally occurring (indigenous) nutrients. If any
ingredient which contains a naturally occurring (indigenous) nutrient is
added to a food, the total amount of such nutrient in the final food
product is subject to class II requirements unless the same nutrient is
also added.
(4) A food with a label declaration of a vitamin, mineral, protein,
total carbohydrate, dietary fiber, other carbohydrate, polyunsaturated
or monounsaturated fat, or potassium shall be deemed to be misbranded
under section 403(a) of the Federal
[[Page 39]]
Food, Drug, and Cosmetic Act (the act) unless it meets the following
requirements:
(i) Class I vitamin, mineral, protein, dietary fiber, or potassium.
The nutrient content of the composite is at least equal to the value for
that nutrient declared on the label.
(ii) Class II vitamin, mineral, protein, total carbohydrate, dietary
fiber, other carbohydrate, polyunsaturated or monounsaturated fat, or
potassium. The nutrient content of the composite is at least equal to 80
percent of the value for that nutrient declared on the label. Provided,
That no regulatory action will be based on a determination of a nutrient
value that falls below this level by a factor less than the variability
generally recognized for the analytical method used in that food at the
level involved.
(5) A food with a label declaration of calories, sugars, total fat,
saturated fat, cholesterol, or sodium shall be deemed to be misbranded
under section 403(a) of the act if the nutrient content of the composite
is greater than 20 percent in excess of the value for that nutrient
declared on the label. Provided, That no regulatory action will be based
on a determination of a nutrient value that falls above this level by a
factor less than the variability generally recognized for the analytical
method used in that food at the level involved.
(6) Reasonable excesses of a vitamin, mineral, protein, total
carbohydrate, dietary fiber, other carbohydrate, polyunsaturated or
monounsaturated fat, or potassium over labeled amounts are acceptable
within current good manufacturing practice. Reasonable deficiencies of
calories, sugars, total fat, saturated fat, cholesterol, or sodium under
labeled amounts are acceptable within current good manufacturing
practice.
(7) Compliance will be based on the metric measure specified in the
label statement of serving size.
(8) Compliance with the provisions set forth in paragraphs (g)(1)
through (g)(6) of this section may be provided by use of an FDA approved
data base that has been computed following FDA guideline procedures and
where food samples have been handled in accordance with current good
manufacturing practice to prevent nutrition loss. FDA approval of a data
base shall not be considered granted until the Center for Food Safety
and Applied Nutrition has agreed to all aspects of the data base in
writing. The approval will be granted where a clear need is presented
(e.g., raw produce and seafood). Approvals will be in effect for a
limited time, e.g., 10 years, and will be eligible for renewal in the
absence of significant changes in agricultural or industry practices.
Approval requests shall be submitted in accordance with the provisions
of Sec. 10.30 of this chapter. Guidance in the use of data bases may be
found in the ``FDA Nutrition Labeling Manual--A Guide for Developing and
Using Data Bases,'' available from the Office of Food Labeling (HFS-
150), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 200 C St. SW., Washington, DC 20204.
(9) When it is not technologically feasible, or some other
circumstance makes it impracticable, for firms to comply with the
requirements of this section (e.g., to develop adequate nutrient
profiles to comply with the requirements of paragraph (c) of this
section), FDA may permit alternative means of compliance or additional
exemptions to deal with the situation. Firms in need of such special
allowances shall make their request in writing to the Center for Food
Safety and Applied Nutrition (HFS-150), Food and Drug Administration,
200 C St. SW., Washington, DC 20204.
(h) Products with separately packaged ingredients or foods, with
assortments of food, or to which other ingredients are added by the user
may be labeled as follows:
(1) If a product consists of two or more separately packaged
ingredients enclosed in an outer container or of assortments of the same
type of food (e.g., assorted nuts or candy mixtures) in the same retail
package, nutrition labeling shall be located on the outer container or
retail package (as the case may be) to provide information for the
consumer at the point of purchase. However, when two or more food
products are simply combined together in such a manner that no outer
container is used, or no outer label is available,
[[Page 40]]
each product shall have its own nutrition information, e.g., two boxes
taped together or two cans combined in a clear plastic overwrap. When
separately packaged ingredients or assortments of the same type of food
are intended to be eaten at the same time, the nutrition information may
be specified per serving for each component or as a composite value.
(2) If a product consists of two or more separately packaged foods
that are intended to be eaten individually and that are enclosed in an
outer container (e.g., variety packs of cereals or snack foods), the
nutrition information shall:
(i) Be specified per serving for each food in a location that is
clearly visible to the consumer at the point of purchase; and
(ii) Be presented in separate nutrition labels or in one aggregate
nutrition label with separate columns for the quantitative amount by
weight and the percent Daily Value for each food.
(3) If a package contains a variety of foods, or an assortment of
foods, and is in a form intended to be used as a gift, the nutrition
labeling shall be in the form required by paragraphs (a) through (f) of
this section, but it may be modified as follows:
(i) Nutrition information may be presented on the label of the outer
package or in labeling within or attached to the outer package.
(ii) In the absence of a reference amount customarily consumed in
Sec. 101.12(b) that is appropriate for the variety or assortment of
foods in a gift package, 1 ounce for solid foods, 2 fluid ounces for
nonbeverage liquids (e.g., syrups), and 8 fluid ounces for beverages may
be used as the standard serving size for purposes of nutrition labeling
of foods subject to this paragraph. However, the reference amounts
customarily consumed in Sec. 101.12(b) shall be used for purposes of
evaluating whether individual foods in a gift package qualify for
nutrient content claims or health claims.
(iii) The number of servings per container may be stated as
``varied.''
(iv) Nutrition information may be provided per serving for
individual foods in the package, or, alternatively, as a composite per
serving for reasonable categories of foods in the package having similar
dietary uses and similar significant nutritional characteristics.
Reasonable categories of foods may be used only if accepted by FDA. In
determining whether a proposed category is reasonable, FDA will consider
whether the values of the characterizing nutrients in the foods proposed
to be in the category meet the compliance criteria set forth in
paragraphs (g)(3) through (g)(6) of this section. Proposals for such
categories may be submitted in writing to the Office of Food Labeling
(HFS-150), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 200 C St. SW., Washington, DC 20204.
(v) If a food subject to paragraph (j)(13) of this section because
of its small size is contained in a gift package, the food need not be
included in the determination of nutrition information under paragraph
(h) of this section if it is not specifically listed in a promotional
catalogue as being present in the gift package, and:
(A) It is used in small quantities primarily to enhance the
appearance of the gift package; or
(B) It is included in the gift package as a free gift or promotional
item.
(4) If a food is commonly combined with other ingredients or is
cooked or otherwise prepared before eating, and directions for such
combination or preparations are provided, another column of figures may
be used to declare nutrition information on the basis of the food as
consumed in the format required in paragraph (e) of this section (e.g.,
a dry ready-to-eat cereal may be described with one set of Percent Daily
Values for the cereal as sold (e.g., per ounce), and another set for the
cereal and milk as suggested in the label (e.g., per ounce of cereal and
1/2 cup of vitamin D fortified skim milk); and a cake mix may be labeled
with one set of Percent Daily Values for the dry mix (per serving) and
another set for the serving of the final cake when prepared): Provided,
That, the type and quantity of the other ingredients to be added to the
product by the user and the specific method of cooking and other
preparation shall be specified prominently on the label.
[[Page 41]]
(i) Except as provided in paragraphs (j)(13) and (j)(17) of this
section, the location of nutrition information on a label shall be in
compliance with Sec. 101.2.
(j) The following foods are exempt from this section or are subject
to special labeling requirements:
(1)(i) Food offered for sale by a person who makes direct sales to
consumers (e.g., a retailer) who has annual gross sales made or business
done in sales to consumers that is not more than $500,000 or has annual
gross sales made or business done in sales of food to consumers of not
more than $50,000, Provided, That the food bears no nutrition claims or
other nutrition information in any context on the label or in labeling
or advertising. Claims or other nutrition information subject the food
to the provisions of this section.
(ii) For purposes of this paragraph, calculation of the amount of
sales shall be based on the most recent 2-year average of business
activity. Where firms have been in business less than 2 years,
reasonable estimates must indicate that annual sales will not exceed the
amounts specified. For foreign firms that ship foods into the United
States, the business activities to be included shall be the total amount
of food sales, as well as other sales to consumers, by the firm in the
United States.
(2) Food products which are:
(i) Served in restaurants, Provided, That the food bears no
nutrition claims or other nutrition information in any context on the
label or in labeling or advertising. Claims or other nutrition
information subject the food to the provisions of this section;
(ii) Served in other establishments in which food is served for
immediate human consumption (e.g., institutional food service
establishments, such as schools, hospitals, and cafeterias;
transportation carriers, such as trains and airplanes; bakeries,
delicatessens, and retail confectionery stores where there are
facilities for immediate consumption on the premises; food service
vendors, such as lunch wagons, ice cream shops, mall cookie counters,
vending machines, and sidewalk carts where foods are generally consumed
immediately where purchased or while the consumer is walking away,
including similar foods sold from convenience stores; and food delivery
systems or establishments where ready-to-eat foods are delivered to
homes or offices), Provided, That the food bears no nutrition claims or
other nutrition information in any context on the label or in labeling
or advertising. Claims or other nutrition information subject the food
to the provisions of this section;
(iii) Sold only in such facilities, Provided, That the food bears no
nutrition claims or other nutrition information in any context on the
label or in labeling or advertising. Claims or other nutrition
information subject the food to the provisions of this section;
(iv) Used only in such facilities and not served to the consumer in
the package in which they are received (e.g., foods that are not
packaged in individual serving containers); or
(v) Sold by a distributor who principally sells food to such
facilities: Provided, That:
(A) This exemption shall not be available for those foods that are
manufactured, processed, or repackaged by that distributor for sale to
any persons other than restaurants or other establishments that serve
food for immediate human consumption, and
(B) The manufacturer of such products is responsible for providing
the nutrition information on the products if there is a reasonable
possibility that the product will be purchased directly by consumers.
(3) Food products that are:
(i) Of the type of food described in paragraphs (j)(2)(i) and
(j)(2)(ii) of this section,
(ii) Ready for human consumption,
(iii) Offered for sale to consumers but not for immediate human
consumption,
(iv) Processed and prepared primarily in a retail establishment, and
(v) Not offered for sale outside of that establishment (e.g., ready-
to-eat foods that are processed and prepared on-site and sold by
independent delicatessens, bakeries, or retail confectionery stores
where there are no facilities for immediate human consumption; by in-
store delicatessen, bakery, or candy departments; or at self-service
food bars such as salad bars), Provided, That the food bears no
nutrition
[[Page 42]]
claims or other nutrition information in any context on the label or in
labeling or advertising. Claims or other nutrition information subject
the food to the provisions of this section.
(4) Foods that contain insignificant amounts of all of the nutrients
and food components required to be included in the declaration of
nutrition information under paragraph (c) of this section, Provided,
That the food bears no nutrition claims or other nutrition information
in any context on the label or in labeling or advertising. Claims or
other nutrition information subject the food to the provisions of this
section. An insignificant amount of a nutrient or food component shall
be that amount that allows a declaration of zero in nutrition labeling,
except that for total carbohydrate, dietary fiber, and protein, it shall
be an amount that allows a declaration of ``less than 1 gram.'' Examples
of foods that are exempt under this paragraph include coffee beans
(whole or ground), tea leaves, plain unsweetened instant coffee and tea,
condiment-type dehydrated vegetables, flavor extracts, and food colors.
(5)(i) Foods, other than infant formula, represented or purported to
be specifically for infants and children less than 2 years of age shall
bear nutrition labeling, except as provided in paragraph (j)(5)(ii) and
except that such labeling shall not include calories from fat (paragraph
(c)(1)(ii) of this section), calories from saturated fat ((c)(1)(iii)),
saturated fat ((c)(2)(i)), polyunsaturated fat ((c)(2)(ii)),
monounsaturated fat ((c)(2)(iii)), and cholesterol ((c)(3)).
(ii) Foods, other than infant formula, represented or purported to
be specifically for infants and children less than 4 years of age shall
bear nutrition labeling, except that:
(A) Such labeling shall not include declarations of percent of Daily
Value for total fat, saturated fat, cholesterol, sodium, potassium,
total carbohydrate, and dietary fiber;
(B) Nutrient names and quantitative amounts by weight shall be
presented in two separate columns.
(C) The heading ``Percent Daily Value'' required in paragraph (d)(6)
of this section shall be placed immediately below the quantitative
information by weight for protein;
(D) Percent of Daily Value for protein, vitamins, and minerals shall
be listed immediately below the heading ``Percent Daily Value''; and
(E) Such labeling shall not include the footnote specified in
paragraph (d)(9) of this section.
(6) Dietary supplements of vitamins or minerals that have an RDI as
established in paragraph (c)(8)(iv) of this section or a DRV as
established in paragraph (c)(9) of this section shall be labeled in
compliance with Sec. 101.36, except that dietary supplements of vitamins
or minerals in food in conventional form (e.g., breakfast cereals), of
herbs, and of other similar nutritional substances shall conform to the
labeling of this section.
(7) Infant formula subject to section 412 of the act, as amended,
except that such foods shall be labeled in compliance with part 107 of
this chapter.
(8) Medical foods as defined in section 5(b) of the Orphan Drug Act
(21 U.S.C. 360ee(b)(3)). A medical food is a food which is formulated to
be consumed or administered enterally under the supervision of a
physician and which is intended for the specific dietary management of a
disease or condition for which distinctive nutritional requirements,
based on recognized scientific principles, are established by medical
evaluation. A food is subject to this exemption only if:
(i) It is a specially formulated and processed product (as opposed
to a naturally occurring foodstuff used in its natural state) for the
partial or exclusive feeding of a patient by means of oral intake or
enteral feeding by tube;
(ii) It is intended for the dietary management of a patient who,
because of therapeutic or chronic medical needs, has limited or impaired
capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or
certain nutrients, or who has other special medically determined
nutrient requirements, the dietary management of which cannot be
achieved by the modification of the normal diet alone;
(iii) It provides nutritional support specifically modified for the
management of the unique nutrient needs that
[[Page 43]]
result from the specific disease or condition, as determined by medical
evaluation;
(iv) It is intended to be used under medical supervision; and
(v) It is intended only for a patient receiving active and ongoing
medical supervision wherein the patient requires medical care on a
recurring basis for, among other things, instructions on the use of the
medical food.
(9) Food products shipped in bulk form that are not for distribution
to consumers in such form and that are for use solely in the manufacture
of other foods or that are to be processed, labeled, or repacked at a
site other than where originally processed or packed.
(10) Raw fruits, vegetables, and fish subject to section 403(q)(4)
of the act, except that the labeling of such foods should adhere to
guidelines in Sec. 101.45. This exemption is contingent on the food
bearing no nutrition claims or other nutrition information in any
context on the label or in labeling or advertising. Claims or other
nutrition information subject the food to nutrition labeling in
accordance with Sec. 101.45. The term fish includes freshwater or marine
fin fish, crustaceans, and mollusks, including shellfish, amphibians,
and other forms of aquatic animal life.
(11) Packaged single-ingredient products that consist of fish or
game meat (i.e., animal products not covered under the Federal Meat
Inspection Act or the Poultry Products Inspection Act, such as flesh
products from deer, bison, rabbit, quail, wild turkey, or ostrich)
subject to this section may provide required nutrition information for a
3-ounce cooked edible portion (i.e., on an ``as prepared'' basis),
except that:
(i) Such products that make claims that are based on values as
packaged must provide nutrition information on an as packaged basis, and
(ii) Nutrition information is not required for custom processed fish
or game meats.
(12) Game meats (i.e., animal products not covered under the Federal
Meat Inspection Act or the Poultry Products Inspection Act, such as
flesh products from deer, bison, rabbit, quail, wild turkey, or ostrich)
may provide required nutrition information on labeling in accordance
with the provisions of paragraph (a)(2) of this section.
(13)(i) Foods in small packages that have a total surface area
available to bear labeling of less than 12 square inches, Provided, That
the labels for these foods bear no nutrition claims or other nutrition
information in any context on the label or in labeling or advertising.
Claims or other nutrition information subject the food to the provisions
of this section.
(A) The manufacturer, packer, or distributor shall provide on the
label of packages that qualify for and use this exemption an address or
telephone number that a consumer can use to obtain the required
nutrition information (e.g., ``For nutrition information, call 1-800-
123-4567'').
(B) When such products bear nutrition labeling, either voluntarily
or because nutrition claims or other nutrition information is provided,
all required information shall be in type size no smaller than 6 point
or all uppercase type of 1/16 inches minimum height, except that
individual serving-size packages of food served with meals in
restaurants, institutions, and on board passenger carriers, and not
intended for sale at retail, may comply with Sec. 101.2(c)(5).
(ii) Foods in packages that have a total surface area available to
bear labeling of 40 or less square inches may modify the requirements of
paragraphs (c) through (f) and (i) of this section by one or more of the
following means:
(A) Presenting the required nutrition information in a tabular or,
as provided below, linear (i.e., string) fashion rather than in vertical
columns if the product has a total surface area available to bear
labeling of less than 12 square inches, or if the product has a total
surface area available to bear labeling of 40 or less square inches and
the package shape or size cannot accommodate a standard vertical column
or tabular display on any label panel. Nutrition information may be
given in a linear fashion only if the label will not accommodate a
tabular display.
(1) The following sample label illustrates the tabular display.
[[Page 44]]
[GRAPHIC] [TIFF OMITTED] TR01JA93.355
(2) The following sample label illustrates the linear display. When
nutrition information is given in a linear fashion, bolding is required
only on the title ``Nutrition Facts`` and is allowed voluntarily for the
nutrient names for ``Calories,'' ``Total fat,'' ``Cholesterol,''
``Sodium,'' ``Total carbohydrate,'' and ``Protein.''
[GRAPHIC] [TIFF OMITTED] TR01JA93.356
(B) Using any of the following abbreviations:
Serving size--Serv size
Servings per container--Servings
Calories from fat--Fat cal
Calories from saturated fat--Sat fat cal
Saturated fat--Sat fat
Monounsaturated fat--Monounsat fat
Polyunsaturated fat--Polyunsat fat
Cholesterol--Cholest
Total carbohydrate--Total carb
Dietary fiber--Fiber
Soluble fiber--Sol fiber
Insoluble fiber--Insol fiber
Sugar alcohol--Sugar alc
Other carbohydrate--Other carb
(C) Omitting the footnote required in paragraph (d)(9) of this
section and placing another asterisk at the bottom of the label followed
by the statement ``Percent Daily Values are based on a 2,000 calorie
diet`` and, if the term ``Daily Value'' is not spelled out in the
heading, a statement that ``DV'' represents ``Daily Value.''
(D) Presenting the required nutrition information on any label
panel.
(14) Shell eggs packaged in a carton that has a top lid designed to
conform to the shape of the eggs are exempt from outer carton label
requirements where the required nutrition information is clearly
presented immediately beneath the carton lid or in an insert that can be
clearly seen when the carton is opened.
(15) The unit containers in a multiunit retail food package where:
(i) The multiunit retail food package labeling contains all
nutrition information in accordance with the requirements of this
section;
(ii) The unit containers are securely enclosed within and not
intended to be separated from the retail package under conditions of
retail sale; and
(iii) Each unit container is labeled with the statement ``This Unit
Not Labeled For Retail Sale'' in type size not less than 1/16-inch in
height, except
[[Page 45]]
that this statement shall not be required when the inner unit containers
bear no labeling at all. The word ``individual'' may be used in lieu of
or immediately preceding the word ``Retail'' in the statement.
(16) Food products sold from bulk containers: Provided, That
nutrition information required by this section be displayed to consumers
either on the labeling of the bulk container plainly in view or in
accordance with the provisions of paragraph (a)(2) of this section.
(17) Foods in packages that have a total surface area available to
bear labeling greater than 40 square inches but whose principal display
panel and information panel do not provide sufficient space to
accommodate all required information may use any alternate panel that
can be readily seen by consumers for the nutrition label. The space
needed for vignettes, designs, and other nonmandatory label information
on the principal display panel may be considered in determining the
sufficiency of available space on the principal display panel for the
placement of the nutrition label. Nonmandatory label information on the
information panel shall not be considered in determining the sufficiency
of available space for the placement of the nutrition label.
(18) Food products that are low-volume (that is, they meet the
requirements for units sold in paragraphs (j)(18)(i) or (j)(18)(ii) of
this section); that, except as provided in paragraph (j)(18)(iv) of this
section, are the subject of a claim for an exemption that provides the
information required under paragraph (j)(18)(iv) of this section, that
is filed before the beginning of the time period for which the exemption
is claimed, and that is filed by a person, whether it is the
manufacturer, packer, or distributor, that qualifies to claim the
exemption under the requirements for average full-time equivalent
employees in paragraphs (j)(18)(i) or (j)(18)(ii) of this section; and
whose labels, labeling, and advertising do not provide nutrition
information or make a nutrient content or health claim.
(i) For food products first introduced into interstate commerce
before May 8, 1994, the product shall be exempt for the period:
(A) Between May 8, 1995, and May 7, 1996, if, for the period between
May 8, 1994, and May 7, 1995, the person claiming the exemption employed
fewer than an average of 300 full-time equivalent employees and fewer
than 400,000 units of that product were sold in the United States; and
(B) Between May 8, 1996, and May 7, 1997, if for the period between
May 8, 1995, and May 7, 1996, the person claiming the exemption employed
fewer than an average of 200 full-time equivalent employees and fewer
than 200,000 units of that product were sold in the United States.
(ii) For all other food products, the product shall be eligible for
an exemption for any 12-month period if, for the preceding 12 months,
the person claiming the exemption employed fewer than an average of 100
full-time equivalent employees and fewer than 100,000 units of that
product were sold in the United States, or in the case of a food product
that was not sold in the 12-month period preceding the period for which
exemption is claimed, fewer than 100,000 units of such product are
reasonably anticipated to be sold in the United States during the period
for which exemption is claimed.
(iii) If a person claims an exemption under paragraphs (j)(18)(i) or
(j)(18)(ii) of this section for a food product and then, during the
period of such exemption, the number of full-time equivalent employees
of such person exceeds the appropriate number, or the number of food
products sold in the United States exceeds the appropriate number, or,
if at the end of the period of such exemption, the food product no
longer qualifies for an exemption under the provisions of paragraphs
(j)(18)(i) or (j)(18)(ii) of this section, such person shall have 18
months from the date that the product was no longer qualified as a low-
volume product of a small business to comply with this section.
(iv) A notice shall be filed with the Office of Food Labeling (HFS-
150), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 200 C St. SW., Washington, DC 20204 and contain the
following information,
[[Page 46]]
except that if the person is not an importer and has fewer than 10 full-
time equivalent employees, that person does not have to file a notice
for any food product with annual sales of fewer than 10,000 total units:
(A) Name and address of person requesting exemption. This should
include a telephone number or FAX number that can be used to contact the
person along with the name of a specific contact;
(B) Names of the food products (including the various brand names)
for which exemption is claimed;
(C) Name and address of the manufacturer, distributor, or importer
of the food product for which an exemption is claimed, if different than
the person that is claiming the exemption;
(D) The number of full-time equivalent employees. Provide the
average number of full-time equivalent individuals employed by the
person and its affiliates for the 12 months preceding the period for
which a small business exemption is claimed for a product. The average
number of full-time equivalent employees is to be determined by dividing
the total number of hours of salary or wages paid to employees of the
person and its affiliates by the number of hours of work in a year,
2,080 hours (i.e., 40 hours x 52 weeks);
(E) Approximate total number of units of the food product sold by
the person in the United States in the 12-month period preceding that
for which a small business exemption is claimed. Provide the approximate
total number of units sold, or expected to be sold, in a 12-month period
for each product for which an exemption is claimed. For products that
have been in production for 1 year or more prior to the period for which
exemption is claimed, the 12-month period is the period immediately
preceding the period for which an exemption is claimed. For other
products, the 12-month period is the period for which an exemption is
claimed; and
(F) The notice shall be signed by a responsible individual for the
person who can certify the accuracy of the information presented in the
notice. The individual shall certify that the information contained in
the notice is a complete and accurate statement of the average number of
full-time equivalent employees of this person and its affiliates and of
the number of units of the product for which an exemption is claimed
sold by the person. The individual shall also state that should the
average number of full-time equivalent employees or the number of units
of food products sold in the United States by the person exceed the
applicable numbers for the time period for which exemption is claimed,
the person will notify FDA of that fact and the date on which the number
of employees or the number of products sold exceeded the standard.
(v) FDA may by regulation lower the employee or units of food
products requirements of paragraph (j)(18)(ii) of this section for any
food product first introduced into interstate commerce after May 8,
2002, if the agency determines that the cost of compliance with such
lower requirement will not place an undue burden on persons subject to
it.
(vi) For the purposes of this paragraph, the following definitions
apply:
(A) Unit means the packaging or, if there is no packaging, the form
in which a food product is offered for sale to consumers.
(B) Food product means food in any sized package which is
manufactured by a single manufacturer or which bears the same brand
name, which bears the same statement of identity, and which has similar
preparation methods.
(C) Person means all domestic and foreign affiliates, as defined in
13 CFR 121.401, of the corporation, in the case of a corporation, and
all affiliates, as defined in 13 CFR 121.401, of a firm or other entity,
when referring to a firm or other entity that is not a corporation.
(D) Full-time equivalent employee means all individuals employed by
the person claiming the exemption. This number shall be determined by
dividing the total number of hours of salary or wages paid directly to
employees of the person and of all of its affiliates by the number of
hours of work in a year, 2,080 hours (i.e., 40 hours x 52 weeks).
(k) A food labeled under the provisions of this section shall be
deemed to be misbranded under sections 201(n)
[[Page 47]]
and 403(a) of the act if its label or labeling represents, suggests, or
implies:
(1) That the food, because of the presence or absence of certain
dietary properties, is adequate or effective in the prevention, cure,
mitigation, or treatment of any disease or symptom. Information about
the relationship of a dietary property to a disease or health-related
condition may only be provided in conformance with the requirements of
Sec. 101.14 and part 101, subpart E.
(2) That a balanced diet of ordinary foods cannot supply adequate
amounts of nutrients.
(3) That the lack of optimum nutritive quality of a food, by reason
of the soil on which that food was grown, is or may be responsible for
an inadequacy or deficiency in the quality of the daily diet.
(4) That the storage, transportation, processing, or cooking of a
food is or may be responsible for an inadequacy or deficiency in the
quality of the daily diet.
(5) That the food has dietary properties when such properties are of
no significant value or need in human nutrition.
(6) That a natural vitamin in a food is superior to an added or
synthetic vitamin or to differentiate in any way between vitamins
naturally present from those added.
[58 FR 2175, Jan. 6, 1993, as amended at 58 FR 2227, 2533, Jan. 6, 1993;
58 FR 17104, Apr. 1, 1993; 58 FR 17328-17331, Apr. 2, 1993; 58 FR 44048,
44076, Aug. 18, 1993; 58 FR 59363, Nov. 9, 1993; 58 FR 60109, Nov. 15,
1993; 59 FR 371, Jan. 4, 1994; 59 FR 62317, Dec. 5, 1994; 60 FR 17205,
Apr. 5, 1995; 60 FR 30788, June 12, 1995; 60 FR 67174, Dec. 28, 1995; 61
FR 8779, Mar. 5, 1996; 61 FR 14479, Apr. 2, 1996; 61 FR 40978, Aug. 7,
1996; 62 FR 15342, Mar. 31, 1997]
Sec. 101.10 Nutrition labeling of restaurant foods.
Nutrition labeling in accordance with Sec. 101.9 shall be provided
upon request for any restaurant food or meal for which a nutrient
content claim (as defined in Sec. 101.13 or in subpart D of this part)
or a health claim (as defined in Sec. 101.14 and permitted by a
regulation in subpart E of this part) is made, except that information
on the nutrient amounts that are the basis for the claim (e.g., ``low
fat, this meal provides less than 10 grams of fat'') may serve as the
functional equivalent of complete nutrition information as described in
Sec. 101.9. Nutrient levels may be determined by nutrient data bases,
cookbooks, or analyses or by other reasonable bases that provide
assurance that the food or meal meets the nutrient requirements for the
claim. Presentation of nutrition labeling may be in various forms,
including those provided in Sec. 101.45 and other reasonable means.
[61 FR 40332, Aug. 2, 1996]
Effective Date Note: At 61 FR 40332, Aug. 2, 1996, Sec. 101.10 was
revised, effective May 2, 1997. For the convenience of the user, the
superseded text is set forth as follows:
nutrition labeling of restaurant foods.
Nutrition labeling in accordance with Sec. 101.9 shall be
provided upon request for any restaurant food or meal for which
a nutrient content claim (as defined in Sec. 101.13 or in
subpart D of this part) or a health claim (as defined in
Sec. 101.14 and permitted by a regulation in subpart E of this
part) is made (except on menus). Except: That information on
the nutrient amounts that are the basis for the claim (e.g.,
``low fat,'' this meal provides less than 10 grams of fat) may
serve as the functional equivalent of complete nutrition
information as described in Sec. 101.9. Nutrient levels may be
determined by nutrient data bases, cookbooks, or analyses or by
other reasonable bases that provide assurance that the food or
meal meets the nutrient requirements for the claim.
Presentation of nutrition labeling may be in various forms,
including those provided in Sec. 101.45 and other reasonable
means.
[58 FR 2410, Jan. 6, 1993; 58 FR 17341, Apr. 2, 1993]
Sec. 101.12 Reference amounts customarily consumed per eating occasion.
(a) The general principles and factors that the Food and Drug
Administration (FDA) considered in arriving at the reference amounts
customarily consumed per eating occasion (reference amounts) which are
set forth in paragraph (b) of this section, are that:
(1) FDA calculated the reference amounts for persons 4 years of age
or older to reflect the amount of food customarily consumed per eating
occasion by persons in this population group. These reference amounts
are based on data set forth in appropriate national food consumption
surveys.
[[Page 48]]
(2) FDA calculated the reference amounts for an infant or child
under 4 years of age to reflect the amount of food customarily consumed
per eating occasion by infants up to 12 months of age or by children 1
through 3 years of age, respectively. These reference amounts are based
on data set forth in appropriate national food consumption surveys. Such
reference amounts are to be used only when the food is specially
formulated or processed for use by an infant or by a child under 4 years
of age.
(3) An appropriate national food consumption survey includes a large
sample size representative of the demographic and socioeconomic
characteristics of the relevant population group and must be based on
consumption data under actual conditions of use.
(4) To determine the amount of food customarily consumed per eating
occasion, FDA considered the mean, median, and mode of the consumed
amount per eating occasion.
(5) When survey data were insufficient, FDA took various other
sources of information on serving sizes of food into consideration.
These other sources of information included:
(i) Serving sizes used in dietary guidance recommendations or
recommended by other authoritative systems or organizations;
(ii) Serving sizes recommended in comments;
(iii) Serving sizes used by manufacturers and grocers; and
(iv) Serving sizes used by other countries.
(6) Because they reflect the amount customarily consumed, the
reference amount and, in turn, the serving size declared on the product
label are based on only the edible portion of food, and not bone, seed,
shell, or other inedible components.
(7) The reference amount is based on the major intended use of the
food (e.g., milk as a beverage and not as an addition to cereal).
(8) The reference amounts for products that are consumed as an
ingredient of other foods, but that may also be consumed in the form in
which they are purchased (e.g., butter), are based on use in the form
purchased.
(9) FDA sought to ensure that foods that have similar dietary usage,
product characteristics, and customarily consumed amounts have a uniform
reference amount.
(b) The following reference amounts shall be used as the basis for
determining serving sizes for specific products:
Table 1--Reference Amounts Customarily Consumed Per Eating Occasion:
Infant and Toddler Foods <SUP>1,2,3,4
------------------------------------------------------------------------
Product category Reference amount Label statement<SUP>5
------------------------------------------------------------------------
Cereals, dry instant........... 15 g............ __ cup (__ g)
Cereals, prepared, ready-to- 110 g........... __ cup(s) (__ g)
serve.
Other cereal and grain 7 g for infants __ cup(s) (__ g) for
products, dry ready-to-eat, and 20 g for ready-to-eat
e.g., ready-to-eat cereals, toddlers for cereals; __ piece(s)
cookies, teething biscuits, ready-to-eat (__ g) for others
and toasts. cereals; 7 g
for all others.
Dinners, desserts, fruits, 15 g............ __ tbsp(s) (__ g); __
vegetables or soups, dry mix. cup(s) (__ g)
Dinners, desserts, fruits, 110 g........... __ cup(s) (__ g); __
vegetables or soups, ready-to- cup(s) (__ mL)
serve, junior type.
Dinners, desserts, fruits, 60 g............ __ cup(s) (__ g); __
vegetables or soups, ready-to- cup(s) (__ mL)
serve, strained type.
Dinners, stews or soups for 170 g........... __ cup(s) (__ g); __
toddlers, ready-to-serve. cup(s) (__ mL)
Fruits for toddlers, ready-to- 125 g........... __ cup(s) (__ g)
serve.
Vegetables for toddlers, ready- 70 g............ __ cup(s) (__ g)
to- serve.
Eggs/egg yolks, ready-to-serve. 55 g............ __ cup(s) (__ g)
Juices, all varieties.......... 120 mL.......... 4 fl oz (120 mL)
------------------------------------------------------------------------
\1\ These values represent the amount of food customarily consumed per
eating occasion and were primarily derived from the 1977-1978 and the
1987-1988 Nationwide Food Consumption Surveys conducted by the U.S.
Department of Agriculture.
\2\ Unless otherwise noted in the Reference amount column, the reference
amounts are for the ready-to-serve or almost ready-to-serve form of
the product (i.e., heat and serve, brown and serve). If not listed
separately, the reference amount for the unprepared form (e.g., dry
cereal) is the amount required to make the reference amount of the
prepared form. Prepared means prepared for consumption (e.g., cooked).
\3\ Manufacturers are required to convert the reference amount to the
label serving size in a household measure most appropriate to their
specific product using the procedures in 21 CFR 101.9(b).
\4\Copies of the list of products for each product category are
available from the Office of Food Labeling (HFS-150), Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 200 C St.
SW., Washington, DC 20204.
[[Page 49]]
\5\ The label statements are meant to provide guidance to manufacturers
on the presentation of serving size information on the label, but they
are not required. The term ``piece'' is used as a generic description
of a discrete unit. Manufacturers should use the description of a unit
that is most appropriate for the specific product (e.g., sandwich for
sandwiches, cookie for cookies, and bar for frozen novelties).
Table 2--Reference Amounts Customarily Consumed Per Eating Occasion:
General Food Supply<SUP>1,2,3,4
------------------------------------------------------------------------
Product category Reference amount Label statement<SUP>5
------------------------------------------------------------------------
Bakery products:
Biscuits, croissants, 55 g............ __ piece(s) (__ g)
bagels, tortillas, soft
bread sticks, soft
pretzels, corn bread, hush
puppies.
Breads (excluding sweet 50 g............ __ piece(s) (__ g)
quick type), rolls. for sliced bread and
distinct pieces
(e.g., rolls); 2 oz
(56 g/__ inch slice)
for unsliced bread
Bread sticks--see crackers. ................ .....................
Toaster pastries--see ................ .....................
coffee cakes.
Brownies................... 40 g............ __ piece(s) (__ g)
for distinct pieces;
fractional slice (__
g) for bulk
Cakes, heavy weight (cheese 125 g........... __ piece(s) (__ g)
cake; pineapple upside- for distinct pieces
down cake; fruit, nut, and (e.g., sliced or
vegetable cakes with more individually
than or equal to 35 packaged products);
percent of the finished __ fractional slice
weight as fruit, nuts, or (__ g) for large
vegetables or any of these discrete units
combined)<SUP>6.
Cakes, medium weight 80 g............ __ piece(s) (__ g)
(chemically leavened cake for distinct pieces
with or without icing or (e.g., cupcake); __
filling except those fractional slice (__
classified as light weight g) for large
cake; fruit, nut, and discrete units
vegetable cake with less
than 35 percent of the
finished weight as fruit,
nuts, or vegetables or any
of these combined; light
weight cake with icing;
Boston cream pie; cupcake;
eclair; cream puff)<SUP>7.
Cakes, light weight (angel 55 g............ __ piece(s) (__ g)
food, chiffon, or sponge for distinct pieces
cake without icing or (e.g., sliced or
filling)<SUP>8. individually
packaged products);
__ fractional slice
(__ g) for large
discrete units
Coffee cakes, crumb cakes, 55 g............ __ piece(s) (__ g)
doughnuts, Danish, sweet for sliced bread and
rolls, sweet quick type distinct pieces
breads, muffins, toaster (e.g., doughnut); 2
pastries. oz (56 g/visual unit
of measure) for bulk
products (e.g.,
unsliced bread)
Cookies.................... 30 g............ __ piece(s) (__ g)
Crackers that are usually 15 g............ __ piece(s) (__ g)
not used as snack, melba
toast, hard bread sticks,
ice cream cones<SUP>9.
Crackers that are usually 30 g............ __ piece(s) (__ g)
used as snacks.
Croutons................... 7 g............. __ tbsp(s) (__ g); __
cup(s) (__ g); __
piece(s) (__ g) for
large pieces
French toast, pancakes, 110 g prepared __ piece(s) (__ g);
variety mixes. for french __ cup(s) (__ g) for
toast and dry mix
pancakes; 40 g
dry mix for
variety mixes.
Grain-based bars with or 40 g............ __ piece(s) (__ g)
without filling or
coating, e.g., breakfast
bars, granola bars, rice
cereal bars.
Ice cream cones--see ................ .....................
crackers.
Pies, cobblers, fruit 125 g........... __ piece(s) (__g) for
crisps, turnovers, other distinct pieces; __
pastries. fractional slice (__
g) for large
discrete units
Pie crust.................. 1/6 of 8 inch 1/6 of 8 inch crust
crust; 1/8 of 9 (__ g); 1/8 of 9
inch crust. inch crust (__ g)
Pizza crust................ 55 g............ __ fractional slice
(__ g)
Taco shells, hard.......... 30 g............ __ shell(s) (__ g)
Waffles.................... 85 g............ __ piece(s) (__ g)
Beverages:
Carbonated and 240 mL.......... 8 fl oz (240 mL)
noncarbonated beverages,
wine coolers, water.
Coffee or tea, flavored and 240 mL prepared. 8 fl oz (240 mL)
sweetened.
Cereal and Other Grain
Products:
Breakfast cereals (hot 1 cup prepared; __ cup(s) (__ g)
cereal type), hominy grits. 40 g plain dry
cereal; 55 g
flavored,
sweetened dry
cereal.
Breakfast cereals, ready-to- 15 g............ __ cup(s) (__ g)
eat, weighing less than 20
g per cup, e.g., plain
puffed cereal grains.
Breakfast cereals, ready-to- 30 g............ __ cup(s) (__ g)
eat weighing 20 g or more
but less than 43 g per
cup; high fiber cereals
containing 28 g or more of
fiber per 100 g.
[[Page 50]]
Breakfast cereals, ready-to- 55 g............ __ piece(s) (__ g)
eat, weighing 43 g or more for large distinct
per cup; biscuit types. pieces (e.g.,
biscuit type);__
cup(s) (__ g) for
all others
Bran or wheat germ......... 15 g............ __ tbsp(s) (__ g); __
cup(s) (__ g)
Flours or cornmeal......... 30 g............ __ tbsp(s) (__ g); __
cup(s) (__ g)
Grains, e.g., rice, barley, 140 g prepared; __ cup(s) (__ g)
plain. 45 g dry.
Pastas, plain.............. 140 g prepared; __ cup(s) (__ g); __
55 g dry. piece(s) (__ g) for
large pieces (e.g.,
large shells or
lasagna noodles) or
2 oz (56 g/visual
unit of measure) for
dry bulk products
(e.g., spaghetti)
Pastas, dry, ready-to-eat, 25 g............ __ cup(s) (__ g)
e.g., fried canned chow
mein noodles.
Starches, e.g., cornstarch, 10 g............ __ tbsp (__ g)
potato starch, tapioca,
etc..
Stuffing................... 100 g........... __ cup(s) (__ g)
Dairy Products and Substitutes:
Cheese, cottage............ 110 g........... __ cup (__ g)
Cheese used primarily as 55 g............ __ cup (__ g)
ingredients, e.g., dry
cottage cheese, ricotta
cheese.
Cheese, grated hard, e.g., 5 g............. __ tbsp (__ g)
Parmesan, Romano.
Cheese, all others except 30 g............ __ piece(s) (__ g)
those listed as separate for distinct
categories--includes cream pieces;__ tbsp(s)
cheese and cheese spread. (__ g) for cream
cheese and cheese
spread; 1 oz (28 g/
visual unit of
measure) for bulk
Cheese sauce--see sauce
category.
Cream or cream substitutes, 15 mL........... 1 tbsp (15 mL)
fluid.
Cream or cream substitutes, 2 g............. __ tsp (__ g)
powder.
Cream, half & half......... 30 mL........... 2 tbsp (30 mL)
Eggnog..................... 120 mL.......... 1/2 cup (120 mL); 4
fl oz (120 mL)
Milk, condensed, undiluted. 30 mL........... 2 tbsp (30 mL)
Milk, evaporated, undiluted 30 mL........... 2 tbsp (30 mL)
Milk, milk-based drinks, 240 mL.......... 1 cup (240 mL); 8 fl
e.g., instant breakfast, oz (240 mL)
meal replacement, cocoa.
Shakes or shake 240 mL.......... 1 cup (240 mL); 8 fl
substitutes, e.g., dairy oz (240 mL)
shake mixes, fruit frost
mixes.
Sour cream................. 30 g............ __ tbsp (__ g)
Yogurt..................... 225 g........... __ cup (__ g)
Desserts:
Ice cream, ice milk, frozen 1/2 cup-includes __ piece(s) (__ g)
yogurt, sherbet: all the volume for for individually
types, bulk and novelties coatings and wrapped or packaged
(e.g., bars, sandwiches, wafers for the products; 1/2 cup
cones). novelty type (__ g) for others
varieties.
Frozen flavored and 85 g............ __ piece(s) (__ g)
sweetened ice and pops, for individually
frozen fruit juices: all wrapped or packaged
types, bulk and novelties products; __ cup(s)
(e.g., bars, cups). (__ g) for others
Sundae..................... 1 cup........... 1 cup (__ g)
Custards, gelatin or 1/2 cup......... __ piece(s) (__ g)
pudding. for distinct unit
(e.g., individually
packaged products);
1/2 cup (__ g) for
bulk
Dessert Toppings and Fillings:
Cake frostings or icings... 35 g............ __ tbsp(s) (__ g)
Other dessert toppings, 2 tbsp.......... 2 tbsp (__ g); 2 tbsp
e.g., fruits, syrups, (30 mL)
spreads, marshmallow
cream, nuts, dairy and
nondairy whipped toppings.
Pie fillings............... 85 g............ __ cup(s) (__ g)
Egg and Egg Sustitutes:
Egg mixtures, e.g., egg foo 110 g........... __ piece(s) (__ g)
young, scrambled eggs, for discrete pieces;
omelets. __ cup(s) (__ g)
Eggs (all sizes)<SUP>9.......... 50 g............ 1 large, medium, etc.
(__ g)
Egg substitutes............ An amount to __ cup(s) (__ g); __
make 1 large cup(s) (__ mL)
(50 g) egg.
Fats and Oils:
Butter, margarine, oil, 1 tbsp.......... 1 tbsp (__ g); 1 tbsp
shortening. (15 mL)
Butter replacement, powder. 2 g............. __ tsp(s) (__ g)
Dressings for salads....... 30 g............ __ tbsp (__ g); __
tbsp (__ mL)
Mayonnaise, sandwich 15 g............ __ tbsp (__ g)
spreads, mayonnaise-type
dressings.
Spray types................ 0.25 g.......... About __ seconds
spray (__ g)
[[Page 51]]
Fish, Shellfish, Game Meats<SUP>10,
and Meat or Poultry
Substitutes:
Bacon substitutes, canned 15 g............ __ piece(s) (__ g)
anchovies,<SUP>11 anchovy for discrete pieces;
pastes, caviar. __ tbsp(s) (__ g)
for others
Dried, e.g., jerky......... 30 g............ __ piece(s) (__ g)
Entrees with sauce, e.g., 140 g cooked.... __ cup(s) (__ g); 5
fish with cream sauce, oz (140 g/visual
shrimp with lobster sauce. unit of measure) if
not measurable by
cup
Entrees without sauce, 85 g cooked; 110 __ piece(s) (__ g)
e.g., plain or fried fish g uncooked<SUP>12. for discrete pieces;
and shellfish, fish and __ cup(s) (__ g); __
shellfish cake. oz (__ g/visual unit
of measure) if not
measurable by cup<SUP>13
Fish, shellfish or game 55 g............ __ piece(s) (__ g)
meat<SUP>10, canned<SUP>11. for discrete pieces;
__ cup(s) (__ g); 2
oz (56 g/__ cup) for
products that are
difficult to measure
the g weight of cup
measure (e.g.,
tuna); 2 oz (56 g/__
pieces) for products
that naturally vary
in size (e.g.,
sardines)
Substitute for luncheon 55 g............ __ piece(s) (__ g)
meat, meat spreads, for distinct pieces
Canadian bacon, sausages (e.g., slices,
and frankfurters. links); __ cup(s)
(__ g); 2 oz (56 g/
visual unit of
measure) for
nondiscrete bulk
product
Smoked or pickled<SUP>11 fish, 55 g............ __ piece(s) (__ g)
shellfish, or game meat<SUP>10; for distinct pieces
fish or shellfish spread<SUP>. (e.g., slices,
links) or __ cup(s)
(__ g); 2 oz (56 g/
visual unit of
measure) for
nondiscrete bulk
product
Substitutes for bacon bits--
see miscellaneous category.
Fruits and Fruit Juices:
Candied or pickled<SUP>11....... 30 g............ __ piece(s) (__ g)
Dehydrated fruits--see ................ .....................
snacks category.
Dried...................... 40 g............ __ piece(s) (__ g)
for large pieces
(e.g., dates, figs,
prunes); __ cup(s)
(__ g) for small
pieces (e.g.,
raisins)
Fruits for garnish or 4 g............. 1 cherry (__ g)
flavor, e.g., maraschino
cherries<SUP>11.
Fruit relishes, e.g., 70 g............ __ cup(s) (__ g)
cranberry sauce, cranberry
relish.
Fruits used primarily as 30 g............ See footnote 13
ingredients, avocado.
Fruits used primarily as 55 g............ __ piece(s) (__ g)
ingredients, others for large fruits; __
(cranberries, lemon, lime). cup(s) (__ g) for
small fruits
measurable by cup<SUP>13
Watermelon................. 280 g........... See footnote 13
All other fruits (except 140 g........... __ piece(s) (__ g)
those listed as separate for large pieces
categories), fresh, (e.g., strawberries,
canned, or frozen. prunes, apricots,
etc.); __ cup(s) (__
g) for small pieces
(e.g., blueberries,
raspberries, etc.)<SUP>13
Juices, nectars, fruit 240 mL.......... 8 fl oz (240 mL)
drinks.
Juices used as ingredients, 5 mL............ 1 tsp (5 mL)
e.g., lemon juice, lime
juice.
Legumes:
Bean cake (tofu)<SUP>11, tempeh. 85 g............ __ piece(s) (__ g)
for discrete pieces;
3 oz (84 g/visual
unit of measure) for
bulk products
Beans, plain or in sauce... 130 g for beans __ cup (__ g)
in sauce or
canned in
liquid and
refried beans
prepared; 90 g
for others
prepared; 35 g
dry.
Miscellaneous Category:
Baking powder, baking soda, 1 g............. __ tsp (__ g)
pectin.
Baking decorations, e.g., 1 tsp or 4 g if __ piece(s) (__ g)
colored sugars and not measurable for discrete
sprinkles for cookies, by teaspoon. pieces;1 tsp (__ g)
cake decorations.
Batter mixes, bread crumbs. 30 g............ __ tbsp(s) (__ g);__
cup(s) (__ g)
Cooking wine............... 30 mL........... 2 tbsp (30 mL)
[[Page 52]]
Dietary supplements not in The maximum __ tablet(s), __
conventional food form.. amount capsule(s), __
recommended, as packet(s), __ tsp(s)
appropriate, on (__ g), etc.
the label for
consumption per
eating occasion
or, in the
absence of
recommendations
, 1 unit, e.g.,
tablet,
capsule,
packet,
teaspoonful,
etc..
Drink mixers (without Amount to make __ fl oz (__ mL)
alcohol). 240 mL drink
(without ice).
Chewing gum<SUP>9............... 3 g............. __ piece(s) (__ g)
Meat, poultry and fish Amount to make __ tsp(s) (__ g); __
coating mixes, dry; one reference tbsp(s) (__ g)
seasoning mixes, dry, amount of final
e.g., chili seasoning dish.
mixes, pasta salad
seasoning mixes.
Salad and potato toppers, 7 g............. __ tbsp(s) (__ g)
e.g., salad crunchies,
salad crispins,
substitutes for bacon bits.
Salt, salt substitutes, 1 g............. __ tsp(s) (__ g);__
seasoning salts (e.g., piece(s) (__ g) for
garlic salt). discrete pieces
(e.g., individually
packaged products)
Spices, herbs (other than 1/4 tsp or 0.5 g 1/4 tsp (__ g); __
dietary supplements). if not piece(s) (__ g) if
measurable by not measurable by
teaspoon. teaspoons (e.g., bay
leaf)
Mixed Dishes:
Measurable with cup, e.g., 1 cup.......... 1 cup (__ g)
casseroles, hash, macaroni
and cheese, pot pies,
spaghetti with sauce,
stews, etc..
Not measurable with cup, 140 g, add 55 g __ piece(s) (__ g)
e.g., burritos, egg rolls, for products for discrete pieces;
enchiladas, pizza, pizza with gravy or __ fractional slice
rolls, quiche, all types sauce topping, (__ g) for large
of sandwiches. e.g., enchilada discrete units
with cheese
sauce, crepe
with white
sauce<SUP>14.
Nuts and Seeds:
Nuts, seeds, and mixtures, 30 g............ __ piece(s) (__ g)
all types: sliced, for large pieces
chopped, slivered, and (e.g., unshelled
whole. nuts);__ tbsp(s) (__
g) ;__ cup(s) (__ g)
for small pieces
(e.g., peanuts,
sunflower seeds)
Nut and seed butters, 2 tbsp.......... 2 tbsp (__ g)
pastes, or creams.
Coconut, nut and seed 15 g............ __ tbsp(s) (__ g); __
flours. cup (__ g)
Potatoes and Sweet Potatoes/
Yams:
French fries, hash browns, 70 g prepared; __ piece(s) (__ g)
skins, or pancakes. 85 g for frozen for large distinct
unprepared pieces (e.g.,
french fries. patties, skins); 2.5
oz (70 g/__ pieces)
for prepared fries;
3 oz (84 g/__
pieces) for
unprepared fries
Mashed, candied, stuffed, 140 g........... __ piece(s) (__ g)
or with sauce. for discrete pieces
(e.g., stuffed
potato); __ cup(s)
(__ g)
Plain, fresh, canned, or 110 g for fresh __ piece(s) (__ g)
frozen. or frozen; 125 for discrete
g for vacuum pieces;__ cup(s) (__
packed; 160 g g) for sliced or
for canned in chopped products
liquid.
Salads:
Gelatin salad.............. 120 g........... __ cup (__ g)
Pasta or potato salad...... 140 g........... __ cup(s) (__ g)
All other salads, e.g., 100 g........... __ cup(s) (__ g)
egg, fish, shellfish,
bean, fruit, or vegetable
salads.
Sauces, Dips, Gravies and
Condiments:
Barbecue sauce, hollandaise 2 tbsp.......... 2 tbsp (__ g); 2 tbsp
sauce, tartar sauce, other (30 mL)
sauces for dipping (e.g.,
mustard sauce, sweet and
sour sauce), all dips
(e.g., bean dips, dairy-
based dips, salsa).
Major main entree sauces, 125 g........... __ cup (__ g); __ cup
e.g., spaghetti sauce. (__ mL)
[[Page 53]]
Minor main entree sauces 1/4 cup......... 1/4 cup (__ g); 1/4
(e.g., pizza sauce, pesto cup (60 mL)
sauce), other sauces used
as toppings (e.g., gravy,
white sauce, cheese
sauce), cocktail sauce.
Major condiments, e.g., 1 tbsp.......... 1 tbsp (__ g); 1 tbsp
catsup, steak sauce, soy (15 mL)
sauce, vinegar, teriyaki
sauce, marinades.
Minor condiments, e.g., 1 tsp........... 1 tsp (__ g); 1 tsp
horseradish, hot sauces, (5 mL)
mustards, worcestershire
sauce.
Snacks:
All varieties, chips, 30 g............ __ cup(s) (__ g) for
pretzels, popcorns, small pieces (e.g.,
extruded snacks, fruit- popcorn) __ piece(s)
based snacks (e.g., fruit (__ g) for large
chips,) grain-based snack pieces (e.g., large
mixes. pretzels; pressed
dried fruit sheet);
1 oz (28 g/visual
unit of measure) for
bulk products (e.g.,
potato chips)
Soups:
All varieties.............. 245 g........... __ cup (__ g); __ cup
(__ mL)
Sugars and Sweets:
Baking candies (e.g., 15 g............ __ piece(s) (__ g)
chips). for large pieces; __
tbsp(s) (__ g) for
small pieces; 1/2 oz
(14 g/visual unit of
measure) for bulk
products
Hard candies, breath mints. 2 g............. __ piece(s) (__ g)
Hard candies, roll-type, 5 g............. __ piece(s) (__ g)
mini-size in dispenser
packages.
Hard candies, others....... 15 g............ __ piece(s) (__ g)
for large pieces;__
tbsp(s) (__ g) for
``mini-size''
candies measurable
by tablespoon; 1/2
oz (14 g/visual unit
of measure) for bulk
products
All other candies.......... 40 g............ __ piece(s) (__ g); 1
1/2 oz (42 g/visual
unit of measure) for
bulk products
Confectioner's sugar....... 30 g............ __ cup (__ g)
Honey, jams, jellies, fruit 1 tbsp.......... 1 tbsp (__ g); 1 tbsp
butter, molasses. (15 mL)
Marshmallows............... 30 g............ __ cup(s) (__ g) for
small pieces; __
piece(s) (__ g) for
large pieces
Sugar...................... 4 g............. __ tsp (__ g) ; __
piece(s) (__ g) for
discrete pieces
(e.g., sugar cubes,
individually
packaged products)
Sugar substitutes.......... An amount __ tsp(s) (__ g) for
equivalent to solids; __ drop(s)
one reference (__ g) for liquid;
amount for __ piece(s) (__ g)
sugar in (e.g., individually
sweetness. packaged products)
Syrups..................... 30 mL for syrups 2 tbsp (30 mL) for
used primarily syrups used
as an primarily as an
ingredient ingredient; 1/4 cup
(e.g., light or (60 mL) for all
dark corn others
syrup); 60 mL
for all others.
Vegetables:
Vegetables primarily used 4 g............. __ piece(s) (__ g);
for garnish or flavor, __ tbsp(s) (__ g)
e.g., pimento, parsley. for chopped products
Chili pepper, green onion.. 30 g............ __ piece(s) (__ g)<SUP>13;
__ tbsp(s) (__ g);
__ cup(s) (__ g) for
sliced or chopped
products
All other vegetables 85 g for fresh __ piece(s) (__ g)
without sauce: fresh, or frozen; 95 g for large pieces
canned, or frozen. for vacuum (e.g., brussel
packed; 130 g sprouts); __ cup(s)
for canned in (__ g) for small
liquid, cream- pieces (e.g., cut
style corn, corn, green peas); 3
canned or oz (84 g/visual unit
stewed of measure) if not
tomatoes, measurable by cup<SUP>13
pumpkin, or
winter squash.
All other vegetables with 110 g........... __ piece(s) (__ g)
sauce: fresh, canned, or for large pieces
frozen. (e.g., brussel
sprouts); __ cup(s)
(__ g) for small
pieces (e.g., cut
corn, green peas); 4
oz (112 g/visual
unit of measure) if
not measurable by
cup
Vegetable juice............ 240 mL.......... 8 fl oz (240 mL)
Olives<SUP>11................... 15 g............ __ piece(s) (__ g);
__ tbsp(s) (__ g)
for sliced products
[[Page 54]]
Pickles, all types<SUP>11....... 30 g............ 1 oz (28 g/visual
unit of measure)
Pickle relishes............ 15 g............ __ tbsp (__ g)
Vegetable pastes, e.g., 30 g............ __ tbsp (__ g)
tomato paste.
Vegetable sauces or purees, 60 g............ __ cup (__ g); __ cup
e.g, tomato sauce, tomato (__ mL)
puree.
------------------------------------------------------------------------
\1\ These values represent the amount (edible portion) of food
customarily consumed per eating occasion and were primarily derived
from the 1977-1978 and the 1987-1988 Nationwide Food Consumption
Surveys conducted by the U.S. Department of Argiculture.
\2\ Unless otherwise noted in the Reference Amount column, the reference
amounts are for the ready-to-serve or almost ready-to-serve form of
the product (i.e., heat and serve, brown and serve). If not listed
separately, the reference amount for the unprepared form (e.g., dry
mixes; concentrates; dough; batter; fresh and frozen pasta) is the
amount required to make the reference amount of the prepared form.
Prepared means prepared for consumption (e.g., cooked).
\3\ Manufacturers are required to convert the reference amount to the
label serving size in a household measure most appropriate to their
specific product using the procedures in 21 CFR 101.9(b).
\4\ Copies of the list of products for each product category are
available from the Office of Food Labeling (HFS-150), Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 200 C St.
SW., Washington, DC 20204.
\5\ The label statements are meant to provide guidance to manufacturers
on the presentation of serving size information on the label, but they
are not required. The term ``piece'' is used as a generic description
of a discrete unit. Manufacturers should use the description of a unit
that is most appropriate for the specific product (e.g., sandwich for
sandwiches, cookie for cookies, and bar for ice cream bars). The
guidance provided is for the label statement of products in ready-to-
serve or almost ready-to-serve form. The guidance does not apply to
the products which require further preparation for consumption (e.g.,
dry mixes, concentrates) unless specifically stated in the product
category, reference amount, or label statement column that it is for
these forms of the product. For products that require further
preparation, manufacturers must determine the label statement
following the rules in Sec. 101.9(b) using the reference amount
determined according to Sec. 101.12(c).
\6\ Includes cakes that weigh 10 g or more per cubic inch.
\7\ Includes cakes that weigh 4 g or more per cubic inch but less than
10 g per cubic inch.
\8\ Includes cakes that weigh less than 4 g per cubic inch.
\9\ Label serving size for ice cream cones and eggs of all sizes will be
1 unit. Label serving size of all chewing gums that weigh more than
the reference amount that can reasonably be consumed at a single-
eating occasion will be 1 unit.
\10\ Animal products not covered under the Federal Meat Inspection Act
or the Poultry Products Inspection Act, such as flesh products from
deer, bison, rabbit, quail, wild turkey, geese, ostrich, etc.
\11\ If packed or canned in liquid, the reference amount is for the
drained solids, except for products in which both the solids and
liquids are customarily consumed (e.g., canned chopped clam in juice).
\12\ The reference amount for the uncooked form does not apply to raw
fish in Sec. 101.45 or to single-ingredient products that consist of
fish or game meat as provided for in Sec. 101.9(b)(j)(11).
\13\ For raw fruit, vegetables, and fish, manufacturers should follow
the label statement for the serving size specified in Appendices A and
B to the regulation entitled ``Food Labeling; Guidelines for Voluntary
Nutrition Labeling; and Identification of the 20 Most Frequently
Consumed Raw Fruits, Vegetables, and Fish; Definition of Substantial
Compliance; Correction'' (56 FR 60880 as amended 57 FR 8174, March 6,
1992).
\14\ Pizza sauce is part of the pizza and is not considered to be sauce
topping.
(c) If a product requires further preparation, e.g., cooking or the
addition of water or other ingredients, and if paragraph (b) of this
section provides a reference amount for the product in the prepared but
not the unprepared form, then the reference amount for the unprepared
product shall be determined using the following rules:
(1) Except as provided for in paragraph (c)(2) of this section, the
reference amount for the unprepared product shall be the amount of the
unprepared product required to make the reference amount for the
prepared product as established in paragraph (b) of this section.
(2) For products where the entire contents of the package is used to
prepare one large discrete unit usually divided for consumption, the
reference amount for the unprepared product shall be the amount of the
unprepared product required to make the fraction of the large discrete
unit closest to the reference amount for the prepared product as
established in paragraph (b) of this section.
(d) The reference amount for an imitation or substitute food or
altered food, such as a ``low calorie'' version, shall be the same as
for the food for which it is offered as a substitute.
(e) If a food is modified by incorporating air (aerated), and
thereby the density of the food is lowered by 25 percent or more in
weight than that of an appropriate reference regular food as described
in Sec. 101.13(j)(1)(ii)(A), and the reference amount of the regular
food is in grams, the manufacturer may determine the reference amount of
the aerated food by adjusting for the difference in density of the
aerated food relative to the density of the appropriate reference food
provided that the manufacturer will show FDA detailed protocol and
records of all data that
[[Page 55]]
were used to determine the density-adjusted reference amount for the
aerated food. The reference amount for the aerated food shall be rounded
to the nearest 5-g increment. Such products shall bear a descriptive
term indicating that extra air has been incorporated (e.g., whipped,
aerated). The density-adjusted reference amounts described in paragraph
(b) of this section may not be used for cakes except for cheese cake.
The differences in the densities of different types of cakes having
different degrees of air incorporation have already been taken into
consideration in determining the reference amounts for cakes in
Sec. 101.12(b). In determining the difference in density of the aerated
and the regular food, the manufacturer shall adhere to the following:
(1) The regular and the aerated product must be the same in size,
shape, and volume. To compare the densities of products having nonsmooth
surfaces (e.g., waffles), manufacturers shall use a device or method
that ensures that the volumes of the regular and the aerated products
are the same.
(2) Sample selections for the density measurements shall be done in
accordance with the provisions in Sec. 101.9(e).
(3) Density measurements of the regular and the aerated products
shall be conducted by the same trained operator using the same
methodology (e.g., the same equipment, procedures, and techniques) under
the same conditions.
(4) Density measurements shall be replicated a sufficient number of
times to ensure that the average of the measurements is representative
of the true differences in the densities of the regular and the
``aerated'' products.
(f) For products that have no reference amount listed in paragraph
(b) of this section for the unprepared or the prepared form of the
product and that consist of two or more foods packaged and presented to
be consumed together (e.g., peanut putter and jelly, cracker and cheese
pack, pancakes and syrup, cake and frosting), the reference amount for
the combined product shall be determined using the following rules:
(1) For bulk products (e.g., peanut butter and jelly), the reference
amount for the combined product shall be the reference amount, as
established in paragraph (b) of this section, for the ingredient that is
represented as the main ingredient plus proportioned amounts of all
minor ingredients.
(2) For products where the ingredient represented as the main
ingredient is one or more discrete units (e.g., cracker and cheese pack,
pancakes and syrup, cake and frosting), the reference amount for the
combined product shall be either the number of small discrete units or
the fraction of the large discrete unit that is represented as the main
ingredient that is closest to the reference amount for that ingredient
as established in paragraph (b) of this section plus proportioned
amounts of all minor ingredients.
(3) If the reference amounts are in compatible units, they shall be
summed (e.g., the reference amount for equal volumes of peanut butter
and jelly for which peanut butter is represented as the main ingredient
would be 4 tablespoons (tbsp) (2 tbsp peanut butter plus 2 tbsp jelly).
If the reference amounts are in incompatible units, the weights of the
appropriate volumes should be used (e.g., 110 grams (g) pancakes plus
the gram weight of the proportioned amount of syrup).
(g) The reference amounts set forth in paragraphs (b) through (f) of
this section shall be used in determining whether a product meets the
criteria for nutrient content claims, such as ``low calorie,'' and for
health claims. If the serving size declared on the product label differs
from the reference amount, and the product meets the criteria for the
claim only on the basis of the reference amount, the claim shall be
followed by a statement that sets forth the basis on which the claim is
made. That statement shall include the reference amount as it appears in
paragraph (b) of this section followed, in parenthesis, by the amount in
common household measure if the reference amount is expressed in
measures other than common household measures (e.g., for a beverage,
``Very low sodium, 35 mg or less per 240 mL (8 fl oz)'').
(h) The Commissioner of Food and Drugs, either on his or her own
initiative or in response to a petition submitted pursuant to part 10 of
this chapter, may issue a proposal to establish
[[Page 56]]
or amend a reference amount in paragraph (b) of this section. A petition
to establish or amend a reference amount shall include:
(1) Objective of the petition;
(2) A description of the product;
(3) A complete sample product label including nutrition label, using
the format established by regulation;
(4) A description of the form (e.g., dry mix, frozen dough) in which
the product will be marketed;
(5) The intended dietary uses of the product with the major use
identified (e.g., milk as a beverage and chips as a snack);
(6) If the intended use is primarily as an ingredient in other
foods, list of foods or food categories in which the product will be
used as an ingredient with information on the prioritization of the use;
(7) The population group for which the product will be offered for
use (e.g., infants, children under 4 years of age);
(8) The names of the most closely related products (or in the case
of foods for special dietary use and imitation or substitute foods, the
names of the products for which they are offered as substitutes);
(9) The suggested reference amount (the amount of edible portion of
food as consumed, excluding bone, seed, shell, or other inedible
components) for the population group for which the product is intended
with full description of the methodology and procedures that were used
to determine the suggested reference amount. In determining the
reference amount, general principles and factors in paragraph (a) of
this section should be followed.
(10) The suggested reference amount shall be expressed in metric
units. Reference amounts for fluids shall be expressed in milliliters.
Reference amounts for other foods shall be expressed in grams except
when common household units such as cups, tablespoons, and teaspoons,
are more appropriate or are more likely to promote uniformity in serving
sizes declared on product labels. For example, common household measures
would be more appropriate if products within the same category differ
substantially in density, such as frozen desserts.
(i) In expressing the reference amounts in milliliters, the
following rules shall be followed:
(A) For volumes greater than 30 milliliters (mL), the volume shall
be expressed in multiples of 30 mL.
(B) For volumes less than 30 mL, the volume shall be expressed in
milliliters equivalent to a whole number of teaspoons or 1 tbsp, i.e.,
5, 10, or 15 mL.
(ii) In expressing the reference amounts in grams, the following
general rules shall be followed:
(A) For quantities greater than 10 g, the quantity shall be
expressed in the nearest 5-g increment.
(B) For quantities less than 10 g, exact gram weights shall be used.
(11) A petition to create a new subcategory of food with its own
reference amount shall include the following additional information:
(i) Data that demonstrate that the new subcategory of food will be
consumed in amounts that differ enough from the reference amount for the
parent category to warrant a separate reference amount. Data must
include sample size; and the mean, standard deviation, median, and modal
consumed amount per eating occasion for the petitioned product and for
other products in the category, excluding the petitioned product. All
data must be derived from the same survey data.
(ii) Documentation supporting the difference in dietary usage and
product characteristics that affect the consumption size that
distinguishes the petitioned product from the rest of the products in
the category.
(12) A claim for categorical exclusion under Sec. 25.24 of this
chapter or an environmental assessment under Sec. 25.31 of this chapter;
and
(13) In conducting research to collect or process food consumption
data in support of the petition, the following general guidelines should
be followed.
(i) Sampled population selected should be representative of the
demographic and socioeconomic characteristics of the target population
group for which the food is intended.
(ii) Sample size (i.e., number of eaters) should be large enough to
give reliable estimates for customarily consumed amounts.
[[Page 57]]
(iii) The study protocol should identify potential biases and
describe how potential biases are controlled for or, if not possible to
control, how they affect interpretation of results.
(iv) The methodology used to collect or process data should be fully
documented and should include: study design, sampling procedures,
materials used (e.g., questionnaire, and interviewer's manual),
procedures used to collect or process data, methods or procedures used
to control for unbiased estimates, and procedures used to correct for
nonresponse.
(14) A statement concerning the feasibility of convening
associations, corporations, consumers, and other interested parties to
engage in negotiated rulemaking to develop a proposed rule consistent
with the Negotiated Rulemaking Act (5 U.S.C. 561).
[58 FR 44051, Aug. 18, 1993; 58 FR 60109, Nov. 15, 1993, as amended at
59 FR 371, Jan. 4, 1994; 59 FR 24039, May 10, 1994]
Sec. 101.13 Nutrient content claims--general principles.
(a) This section and the regulations in subpart D of this part apply
to foods that are intended for human consumption and that are offered
for sale, including foods in conventional food form and dietary
supplements of vitamins, minerals, herbs, and other similar nutritional
substances (dietary supplements).
(b) A claim that expressly or implicitly characterizes the level of
a nutrient (a nutrient content claim) of the type required in nutrition
labeling under Sec. 101.9 may not be made on the label or in labeling of
foods unless the claim is made in accordance with this section and with
the applicable regulations in subpart D of this part or in part 105 or
part 107 of this chapter.
(1) An expressed nutrient content claim is any direct statement
about the level (or range) of a nutrient in the food, e.g., ``low
sodium'' or ``contains 100 calories.''
(2) An implied nutrient content claim is any claim that:
(i) Describes the food or an ingredient therein in a manner that
suggests that a nutrient is absent or present in a certain amount (e.g.,
``high in oat bran''); or
(ii) Suggests that the food, because of its nutrient content, may be
useful in maintaining healthy dietary practices and is made in
association with an explicit claim or statement about a nutrient (e.g.,
``healthy, contains 3 grams (g) of fat'').
(3) Except for claims regarding vitamins and minerals described in
paragraph (q)(3) of this section, no nutrient content claims may be made
on food intended specifically for use by infants and children less than
2 years of age unless the claim is specifically provided for in parts
101, 105, or 107 of this chapter.
(4) Reasonable variations in the spelling of the terms defined in
part 101 and their synonyms are permitted provided these variations are
not misleading (e.g., ``hi'' or ``lo'').
(5) For dietary supplements, claims for calories, fat, saturated
fat, and cholesterol may not be made on products that meet the criteria
in Sec. 101.60(b)(1) or (b)(2) for ``calorie free'' or ``low calorie''
claims, except, in the case of calorie claims, when an equivalent amount
of a similar dietary supplement (e.g., another protein supplement) that
the labeled food resembles and for which it substitutes, normally
exceeds the definition for ``low calorie'' in Sec. 101.60(b)(2).
(c) Information that is required or permitted by Sec. 101.9 or
Sec. 101.36, as applicable, to be declared in nutrition labeling, and
that appears as part of the nutrition label, is not a nutrient content
claim and is not subject to the requirements of this section. If such
information is declared elsewhere on the label or in labeling, it is a
nutrient content claim and is subject to the requirements for nutrient
content claims.
(d) A ``substitute'' food is one that may be used interchangeably
with another food that it resembles, i.e., that it is organoleptically,
physically, and functionally (including shelf life) similar to, and that
it is not nutritionally inferior to unless it is labeled as an
``imitation.''
(1) If there is a difference in performance characteristics that
materially limits the use of the food, the food may still be considered
a substitute if the label includes a disclaimer adjacent to the most
prominent claim as defined in
[[Page 58]]
paragraph (j)(2)(iii) of this section, informing the consumer of such
difference (e.g., ``not recommended for frying'').
(2) This disclaimer shall be in easily legible print or type and in
a size no less than that required by Sec. 101.105(i) for the net
quantity of contents statement, except where the size of the claim is
less than two times the required size of the net quantity of contents
statement, in which case the disclaimer shall be no less than one-half
the size of the claim but no smaller than one-sixteenth of an inch,
unless the package complies with Sec. 101.2(c)(5), in which case the
disclaimer may be in type of not less than one thirty-second of an inch.
(e)(1) Because the use of a ``free'' or ``low'' claim before the
name of a food implies that the food differs from other foods of the
same type by virtue of its having a lower amount of the nutrient, only
foods that have been specially processed, altered, formulated, or
reformulated so as to lower the amount of the nutrient in the food,
remove the nutrient from the food, or not include the nutrient in the
food, may bear such a claim (e.g., ``low sodium potato chips'').
(2) Any claim for the absence of a nutrient in a food, or that a
food is low in a nutrient when the food has not been specially
processed, altered, formulated, or reformulated to qualify for that
claim shall indicate that the food inherently meets the criteria and
shall clearly refer to all foods of that type and not merely to the
particular brand to which the labeling attaches (e.g., ``corn oil, a
sodium-free food'').
(f) A nutrient content claim shall be in type size no larger than
two times the statement of identity and shall not be unduly prominent in
type style compared to the statement of identity.
(g) The label or labeling of a food for which a nutrient content
claim is made shall contain prominently and in immediate proximity to
such claim, the following referral statement: ``See ______ for nutrition
information'' with the blank filled in with the identity of the panel on
which nutrition labeling is located, except that when such a claim
appears on the panel that bears nutrition information the referral
statement may be omitted.
(1) The referral statement ``See [appropriate panel] for nutrition
information'' shall be in easily legible boldface print or type, in
distinct contrast to other printed or graphic matter, and in a size no
less than that required by Sec. 101.105(i) for the net quantity of
contents statement, except where the size of the claim is less than two
times the required size of the net quantity of contents statement, in
which case the referral statement shall be no less than one-half the
size of the claim but no smaller than one-sixteenth of an inch, unless
the package complies with Sec. 101.2(c)(5), in which case the referral
statement may be in type of not less than one thirty-second of an inch.
(2) The referral statement shall be immediately adjacent to the
nutrient content claim and may have no intervening material other than,
if applicable, other information in the statement of identity or any
other information that is required to be presented with the claim under
this section (e.g., see paragraph (j)(2) of this section) or under a
regulation in subpart D of this part (e.g., see Secs. 101.54 and
101.62). If the nutrient content claim appears on more than one panel of
the label, the referral statement shall be adjacent to the claim on each
panel except for the panel that bears the nutrition information where it
may be omitted.
(3) If a single panel of a food label or labeling contains multiple
nutrient content claims or a single claim repeated several times, a
single referral statement may be made. The statement shall be adjacent
to the claim that is printed in the largest type on that panel.
(h) In place of the referral statement described in paragraph (g) of
this section,
(1) If a food, except a meal product as defined in Sec. 101.13(l), a
main dish product as defined in Sec. 101.13(m), or food intended
specifically for use by infants and children less than 2 years of age,
contains more than 13.0 g of fat, 4.0 g of saturated fat, 60 milligrams
(mg) of cholesterol, or 480 mg of sodium per reference amount
customarily consumed, per labeled serving, or, for a
[[Page 59]]
food with a reference amount customarily consumed of 30 g or less or 2
tablespoons or less, per 50 g (for dehydrated foods that must be
reconstituted before typical consumption with water or a diluent
containing an insignificant amount, as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50 g
criterion refers to the ``as prepared'' form), then that food must
disclose, as part of the referral statement, that the nutrient exceeding
the specified level is present in the food as follows: ``See
[appropriate panel] for information about [nutrient requiring
disclosure] and other nutrients,'' e.g., ``See side panel for
information about total fat and other nutrients.''
(2) If a food is a meal product as defined in Sec. 101.13(l), and
contains more than 26 g of fat, 8.0 g of saturated fat, 120 mg of
cholesterol, or 960 mg of sodium per labeled serving, then that food
must disclose, in accordance with the requirements as provided in
paragraph (h)(1) of this section, that the nutrient exceeding the
specified level is present in the food.
(3) If a food is a main dish product as defined in Sec. 101.13(m),
and contains more than 19.5 g of fat, 6.0 g of saturated fat, 90 mg of
cholesterol, or 720 mg of sodium per labeled serving, then that food
must disclose, in accordance with the requirements as provided in
paragraph (h)(1) of this section, that the nutrient exceeding the
specified level is present in the food.
(i) Except as provided in Sec. 101.9 or Sec. 101.36, as applicable,
or in paragraph (q)(3) of this section, the label or labeling of a
product may contain a statement about the amount or percentage of a
nutrient if:
(1) The use of the statement on the food implicitly characterizes
the level of the nutrient in the food and is consistent with a
definition for a claim, as provided in subpart D of this part, for the
nutrient that the label addresses. Such a claim might be, ``less than 3
g of fat per serving;''
(2) The use of the statement on the food implicitly characterizes
the level of the nutrient in the food and is not consistent with such a
definition, but the label carries a disclaimer adjacent to the statement
that the food is not ``low'' in or a ``good source'' of the nutrient,
such as ``only 200 mg sodium per serving, not a low sodium food.'' The
disclaimer must be in easily legible print or type and in a size no less
than that required by Sec. 101.105(i) for the net quantity of contents
statement except where the size of the claim is less than two times the
required size of the net quantity of contents statement, in which case
the disclaimer shall be no less than one-half the size of the claim but
no smaller than one-sixteenth of an inch unless the package complies
with Sec. 101.2(c)(5), in which case the disclaimer may be in type of
not less less than one thirty-second of an inch, or
(3) The statement does not in any way implicitly characterize the
level of the nutrient in the food and it is not false or misleading in
any respect (e.g., ``100 calories'' or ``5 grams of fat''), in which
case no disclaimer is required.
(4) ``Percent fat free'' claims are not authorized by this
paragraph. Such claims shall comply with Sec. 101.62(b)(6).
(j) A food may bear a statement that compares the level of a
nutrient in the food with the level of a nutrient in a reference food.
These statements shall be known as ``relative claims'' and include
``light,'' ``reduced,'' ``less'' (or ``fewer''), and ``more'' claims.
(1) To bear a relative claim about the level of a nutrient, the
amount of that nutrient in the food must be compared to an amount of
nutrient in an appropriate reference food as specified below.
(i)(A) For ``less'' (or ``fewer'') and ``more'' claims, the
reference food may be a dissimilar food within a product category that
can generally be substituted for one another in the diet (e.g., potato
chips as reference for pretzels, orange juice as a reference for vitamin
C tablets) or a similar food (e.g., potato chips as reference for potato
chips, one brand of multivitamin as reference for another brand of
multivitamin).
(B) For ``light,'' ``reduced,'' ``added,'' ``extra,'' ``fortified,''
and ``enriched'' claims, the reference food shall be a similar food
(e.g., potato chips as a reference for potato chips, one brand of
multivitamin for another brand of multivitamin), and
[[Page 60]]
(ii)(A) For ``light'' claims, the reference food shall be
representative of the type of food that includes the product that bears
the claim. The nutrient value for the reference food shall be
representative of a broad base of foods of that type; e.g., a value in a
representative, valid data base; an average value determined from the
top three national (or regional) brands, a market basket norm; or, where
its nutrient value is representative of the food type, a market leader.
Firms using such a reference nutrient value as a basis for a claim, are
required to provide specific information upon which the nutrient value
was derived, on request, to consumers and appropriate regulatory
officials.
(B) For relative claims other than ``light,'' including ``less'' and
``more'' claims, the reference food may be the same as that provided for
``light'' in paragraph (j)(1)(ii)(A) of this section, or it may be the
manufacturer's regular product, or that of another manufacturer, that
has been offered for sale to the public on a regular basis for a
substantial period of time in the same geographic area by the same
business entity or by one entitled to use its trade name. The nutrient
values used to determine the claim when comparing a single
manufacturer's product to the labeled product shall be either the values
declared in nutrition labeling or the actual nutrient values, provided
that the resulting label is internally consistent to (i.e., that the
values stated in the nutrition information, the nutrient values in the
accompanying information and the declaration of the percentage of
nutrient by which the food has been modified are consistent and will not
cause consumer confusion when compared), and that the actual
modification is at least equal to the percentage specified in the
definition of the claim.
(2) For foods bearing relative claims:
(i) The label or labeling must state the identity of the reference
food and the percentage (or fraction) of the amount of the nutrient in
the reference food by which the nutrient in the labeled food differs
(e.g., ``50 percent less fat than (reference food)'' or ``1/3 fewer
calories than (reference food)''),
(ii) This information shall be immediately adjacent to the most
prominent claim. The type size shall be in accordance with paragraph
(g)(1) of this section.
(iii) The determination of which use of the claim is in the most
prominent location on the label or labeling will be made based on the
following factors, considered in order:
(A) A claim on the principal display panel adjacent to the statement
of identity;
(B) A claim elsewhere on the principal display panel;
(C) A claim on the information panel; or
(D) A claim elsewhere on the label or labeling.
(iv) The label or labeling must also bear:
(A) Clear and concise quantitative information comparing the amount
of the subject nutrient in the product per labeled serving with that in
the reference food; and
(B) This statement shall appear adjacent to the most prominent claim
or to the nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(3) A relative claim for decreased levels of a nutrient may not be
made on the label or in labeling of a food if the nutrient content of
the reference food meets the requirement for a ``low'' claim for that
nutrient (e.g., 3 g fat or less).
(k) The term ``modified'' may be used in the statement of identity
of a food that bears a relative claim that complies with the
requirements of this part, followed immediately by the name of the
nutrient whose content has been altered (e.g., ``Modified fat
cheesecake''). This statement of identity must be immediately followed
by the comparative statement such as ``Contains 35 percent less fat than
______.'' The label or labeling must also bear the information required
by paragraph (j)(2) of this section in the manner prescribed.
(l) For purposes of making a claim, a ``meal product shall be
defined as a food that:
[[Page 61]]
(1) Makes a major contribution to the total diet by:
(i) Weighing at least 10 ounces (oz) per labeled serving; and
(ii) Containing not less than three 40-g portions of food, or
combinations of foods, from two or more of the following four food
groups, except as noted in paragraph (l)(1)(ii)(E) of this section.
(A) Bread, cereal, rice, and pasta group;
(B) Fruits and vegetables group;
(C) Milk, yogurt, and cheese group;
(D) Meat, poultry, fish, dry beans, eggs, and nuts group; except
that;
(E) These foods shall not be sauces (except for foods in the above
four food groups that are in the sauces), gravies, condiments, relishes,
pickles, olives, jams, jellies, syrups, breadings or garnishes; and
(2) Is represented as, or is in a form commonly understood to be, a
breakfast, lunch, dinner, or meal. Such representations may be made
either by statements, photographs, or vignettes.
(m) For purposes of making a claim, a ``main dish product'' shall be
defined as a food that:
(1) Makes a major contribution to a meal by
(i) Weighing at least 6 oz per labeled serving; and
(ii) Containing not less than 40 g of food, or combinations of
foods, from each of at least two of the following four food groups,
except as noted in paragraph (m)(1)(ii)(E) of this section.
(A) Bread, cereal, rice, and pasta group;
(B) Fruits and vegetables group;
(C) Milk, yogurt, and cheese group;
(D) Meat, poultry, fish, dry beans, eggs, and nuts groups; except
that:
(E) These foods shall not be sauces (except for foods in the above
four food groups that are in the sauces) gravies, condiments, relishes,
pickles, olives, jams, jellies, syrups, breadings, or garnishes; and
(2) Is represented as, or is in a form commonly understood to be, a
main dish (e.g, not a beverage or a dessert). Such representations may
be made either by statements, photographs, or vignettes.
(n) Nutrition labeling in accordance with Sec. 101.9, Sec. 101.10,
or Sec. 101.36, as applicable, shall be provided for any food for which
a nutrient content claim is made.
(o) Except as provided in Sec. 101.10, compliance with requirements
for nutrient content claims in this section and in the regulations in
subpart D of this part, will be determined using the analytical
methodology prescribed for determining compliance with nutrition
labeling in Sec. 101.9.
(p)(1) Unless otherwise specified, the reference amount customarily
consumed set forth in Sec. 101.12(b) through (f) shall be used in
determining whether a product meets the criteria for a nutrient content
claim. If the serving size declared on the product label differs from
the reference amount customarily consumed, and the amount of the
nutrient contained in the labeled serving does not meet the maximum or
minimum amount criterion in the definition for the descriptor for that
nutrient, the claim shall be followed by the criteria for the claim as
required by Sec. 101.12(g) (e.g., ``very low sodium, 35 mg or less per
240 milliliters (8 fl oz.)'').
(2) The criteria for the claim shall be immediately adjacent to the
most prominent claim in easily legible print or type and in a size in
accordance with paragraph (g)(1) of this section.
(q) The following exemptions apply:
(1) Nutrient content claims that have not been defined by regulation
and that are contained in the brand name of a specific food product that
was the brand name in use on such food before October 25, 1989, may
continue to be used as part of that brand name for such product,
provided that they are not false or misleading under section 403(a) of
the Federal Food, Drug, and Cosmetic Act (the act). However, foods
bearing such claims must comply with section 403(f), (g), and (h) of the
act;
(2) A soft drink that used the term diet as part of its brand name
before October 25, 1989, and whose use of that term was in compliance
with Sec. 105.66 of this chapter as that regulation appeared in the Code
of Federal Regulations on that date, may continue to use that term as
part of its brand name, provided that its use of the term is not false
or misleading under section 403(a) of the act. Such claims are exempt
from the requirements of section
[[Page 62]]
403(r)(2) of the act (e.g., the referral statement also required by
Sec. 101.13(g) and the disclosure statement also required by
Sec. 101.13(h)). Soft drinks marketed after October 25, 1989, may use
the term ``diet'' provided they are in compliance with the current
Sec. 105.66 of this chapter and the requirements of Sec. 101.13.
(3) A statement that describes the percentage of a vitamin or
mineral in the food, including foods intended specifically for use by
infants and children less than 2 years of age, in relation to a
Reference Daily Intake (RDI) as defined in Sec. 101.9 may be made on the
label or in labeling of a food without a regulation authorizing such a
claim for a specific vitamin or mineral unless such claim is expressly
prohibited by regulation under section 403(r)(2)(A)(vi) of the act.
(4) The requirements of this section do not apply to:
(i) Infant formulas subject to section 412(h) of the act; and
(ii) Medical foods defined by section 5(b) of the Orphan Drug Act.
(5) A nutrient content claim used on food that is served in
restaurants or other establishments in which food is served for
immediate human consumption or which is sold for sale or use in such
establishments shall comply with the requirements of this section and
the appropriate definition in subpart D of this part, except that:
(i) Such claim is exempt from the requirements for disclosure
statements in paragraphs (g) and (h) of this section and
Secs. 101.54(d), 101.62(c), (d)(1)(ii)(D), (d)(2)(iii)(C), (d)(3),
(d)(4)(ii)(C), and (d)(5)(ii)(C); and
(ii) In lieu of analytical testing, compliance may be determined
using a reasonable basis for concluding that the food that bears the
claim meets the definition for the claim. This reasonable basis may
derive from recognized data bases for raw and processed foods, recipes,
and other means to compute nutrient levels in the foods or meals and may
be used provided reasonable steps are taken to ensure that the method of
preparation adheres to the factors on which the reasonable basis was
determined (e.g., types and amounts of ingredients, cooking
temperatures, etc.). Firms making claims on foods based on this
reasonable basis criterion are required to provide to appropriate
regulatory officials on request the specific information on which their
determination is based and reasonable assurance of operational adherence
to the preparation methods or other basis for the claim; and
(iii) A term or symbol that may in some contexts constitute a claim
under this section may be used, provided that the use of the term or
symbol does not characterize the level of a nutrient, and a statement
that clearly explains the basis for the use of the term or symbol is
prominently displayed and does not characterize the level of a nutrient.
For example, a term such as ``lite fare'' followed by an asterisk
referring to a note that makes clear that in this restaurant ``lite
fare'' means smaller portion sizes than normal; or an item bearing a
symbol referring to a note that makes clear that this item meets the
criteria for the dietary guidance established by a recognized dietary
authority would not be considered a nutrient content claim under
Sec. 101.13.
(6) Nutrient content claims that were part of the common or usual
names of foods that were subject to a standard of identity on November
8, 1990, are not subject to the requirements of paragraphs (b), (g), and
(h) of this section or to definitions in subpart D of this part.
(7) Implied nutrient content claims may be used as part of a brand
name, provided that the use of the claim has been authorized by the Food
and Drug Administration. Petitions requesting approval of such a claim
may be submitted under Sec. 101.69(o).
(8) The term fluoridated fluoride added or with added fluoride may
be used on the label or in labeling of bottled water that contains added
fluoride.
[58 FR 2410, Jan. 6, 1993; 58 FR 17341, 17342, Apr. 2, 1993, as amended
at 58 FR 44030, Aug. 18, 1993; 59 FR 393, Jan. 4, 1994; 59 FR 15051,
Mar. 31, 1994; 60 FR 17205, Apr. 5, 1995; 61 FR 11731, Mar. 22, 1996; 61
FR 40332, Aug. 2, 1996; 61 FR 67452, Dec. 23, 1996]
Effective Date Note: At 61 FR 40332, Aug. 2, 1996, as corrected at
61 FR 67452, Dec. 23, 1996, in Sec. 101.10, paragraphs (b) introductory
text and (q)(5) introductory text were revised, effective May 2, 1997.
For the convenience of the user, the superseded text is set forth as
follows:
[[Page 63]]
nutrient content claims--general principles.
* * * * *
(b) A claim that expressly or implicitly characterizes the
level of a nutrient (nutrient content claim) of the type
required in nutrition labeling under Sec. 101.9, with the
exception of such claims on restaurant menus, may not be made
on the label or in labeling of foods unless the claim is made
in accordance with this regulation and with the applicable
regulations in subpart D of this part or in part 105 or part
107 of this chapter.
* * * * *
(q) * * *
(5) A nutrient content claim used on food that is served in
restaurants (except on menus) or other establishments in which
food is served for immediate human consumption or which is sold
for sale or use in such establishments shall comply with the
requirements of this section and the appropriate definition in
subpart D of this part, except that:
* * * * *
Sec. 101.14 Health claims: general requirements.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Health claim means any claim made on the label or in labeling of
a food, including a dietary supplement, that expressly or by
implication, including ``third party'' references, written statements
(e.g., a brand name including a term such as ``heart''), symbols (e.g.,
a heart symbol), or vignettes, characterizes the relationship of any
substance to a disease or health-related condition. Implied health
claims include those statements, symbols, vignettes, or other forms of
communication that suggest, within the context in which they are
presented, that a relationship exists between the presence or level of a
substance in the food and a disease or health-related condition.
(2) Substance means a specific food or component of food, regardless
of whether the food is in conventional food form or a dietary supplement
that includes vitamins, minerals, herbs, or other similar nutritional
substances.
(3) Nutritive value means a value in sustaining human existence by
such processes as promoting growth, replacing loss of essential
nutrients, or providing energy.
(4) Dietary supplement means a food, not in conventional food form,
that supplies a component to supplement the diet by increasing the total
dietary intake of that component.
(5) Disqualifying nutrient levels means the levels of total fat,
saturated fat, cholesterol, or sodium in a food above which the food
will be disqualified from making a health claim. These levels are 13.0
grams (g) of fat, 4.0 g of saturated fat, 60 milligrams (mg) of
cholesterol, or 480 mg of sodium, per reference amount customarily
consumed, per label serving size, and, only for foods with reference
amounts customarily consumed of 30 g or less or 2 tablespoons or less,
per 50 g. For dehydrated foods that must have water added to them prior
to typical consumption, the per 50-g criterion refers to the as prepared
form. Any one of the levels, on a per reference amount customarily
consumed, a per label serving size or, when applicable, a per 50 g
basis, will disqualify a food from making a health claim unless an
exception is provided in subpart E of this part, except that:
(i) The levels for a meal product as defined in Sec. 101.13(l) are
26.0 g of fat, 8.0 g of saturated fat, 120 mg of cholesterol, or 960 mg
of sodium per label serving size, and
(ii) The levels for a main dish product as defined in Sec. 101.13(m)
are 19.5 g of fat, 6.0 g of saturated fat, 90 mg of cholesterol, or 720
mg of sodium per label serving size.
(6) Disease or health-related condition means damage to an organ,
part, structure, or system of the body such that it does not function
properly (e.g., cardiovascular disease), or a state of health leading to
such dysfunctioning (e.g., hypertension); except that diseases resulting
from essential nutrient deficiencies (e.g., scurvy, pellagra) are not
included in this definition (claims pertaining to such diseases are
thereby not subject to Sec. 101.14 or Sec. 101.70).
(b) Eligibility. For a substance to be eligible for a health claim:
[[Page 64]]
(1) The substance must be associated with a disease or health-
related condition for which the general U.S. population, or an
identified U.S. population subgroup (e.g., the elderly) is at risk, or,
alternatively, the petition submitted by the proponent of the claim
otherwise explains the prevalence of the disease or health-related
condition in the U.S. population and the relevance of the claim in the
context of the total daily diet and satisfies the other requirements of
this section.
(2) If the substance is to be consumed as a component of a
conventional food at decreased dietary levels, the substance must be a
nutrient listed in 21 U.S.C. 343(q)(1)(C) or (q)(1)(D), or one that the
Food and Drug Administration (FDA) has required to be included in the
label or labeling under 21 U.S.C. 343(q)(2)(A); or
(3) If the substance is to be consumed at other than decreased
dietary levels:
(i) The substance must, regardless of whether the food is in
conventional food form or dietary supplement form, contribute taste,
aroma, or nutritive value, or any other technical effect listed in
Sec. 170.3(o) of this chapter, to the food and must retain that
attribute when consumed at levels that are necessary to justify a claim;
and
(ii) The substance must be a food or a food ingredient or a
component of a food ingredient whose use at the levels necessary to
justify a claim has been demonstrated by the proponent of the claim, to
FDA's satisfaction, to be safe and lawful under the applicable food
safety provisions of the Federal Food, Drug, and Cosmetic Act.
(c) Validity requirement. FDA will promulgate regulations
authorizing a health claim only when it determines, based on the
totality of publicly available scientific evidence (including evidence
from well-designed studies conducted in a manner which is consistent
with generally recognized scientific procedures and principles), that
there is significant scientific agreement, among experts qualified by
scientific training and experience to evaluate such claims, that the
claim is supported by such evidence.
(d) General health claim labeling requirements. (1) When FDA
determines that a health claim meets the validity requirements of
paragraph (c) of this section, FDA will propose a regulation in subpart
E of this part to authorize the use of that claim. If the claim pertains
to a substance not provided for in Sec. 101.9 or Sec. 101.36, FDA will
propose amending that regulation to include declaration of the
substance.
(2) When FDA has adopted a regulation in subpart E of this part
providing for a health claim, firms may make claims based on the
regulation in subpart E of this part, provided that:
(i) All label or labeling statements about the substance-disease
relationship that is the subject of the claim are based on, and
consistent with, the conclusions set forth in the regulations in subpart
E of this part;
(ii) The claim is limited to describing the value that ingestion (or
reduced ingestion) of the substance, as part of a total dietary pattern,
may have on a particular disease or health-related condition;
(iii) The claim is complete, truthful, and not misleading. Where
factors other than dietary intake of the substance affect the
relationship between the substance and the disease or health-related
condition, such factors may be required to be addressed in the claim by
a specific regulation in subpart E of this part;
(iv) All information required to be included in the claim appears in
one place without other intervening material, except that the principal
display panel of the label or labeling may bear the reference statement,
``See ______ for information about the relationship between ______ and
______,'' with the blanks filled in with the location of the labeling
containing the health claim, the name of the substance, and the disease
or health-related condition (e.g., ``See attached pamphlet for
information about calcium and osteoporosis''), with the entire claim
appearing elsewhere on the other labeling, Provided that, where any
graphic material (e.g., a heart symbol) constituting an explicit or
implied health claim appears on the label or labeling, the reference
statement or the complete claim shall appear in immediate proximity to
such graphic material;
(v) The claim enables the public to comprehend the information
provided
[[Page 65]]
and to understand the relative significance of such information in the
context of a total daily diet; and
(vi) If the claim is about the effects of consuming the substance at
decreased dietary levels, the level of the substance in the food is
sufficiently low to justify the claim. To meet this requirement, if a
definition for use of the term low has been established for that
substance under this part, the substance must be present at a level that
meets the requirements for use of that term, unless a specific
alternative level has been established for the substance in subpart E of
this part. If no definition for ``low'' has been established, the level
of the substance must meet the level established in the regulation
authorizing the claim; or
(vii) If the claim is about the effects of consuming the substance
at other than decreased dietary levels, the level of the substance is
sufficiently high and in an appropriate form to justify the claim. To
meet this requirement, if a definition for use of the term high for that
substance has been established under this part, the substance must be
present at a level that meets the requirements for use of that term,
unless a specific alternative level has been established for the
substance in subpart E of this part. If no definition for ``high'' has
been established (e.g., where the claim pertains to a food either as a
whole food or as an ingredient in another food), the claim must specify
the daily dietary intake necessary to achieve the claimed effect, as
established in the regulation authorizing the claim; Provided That:
(A) Where the food that bears the claim meets the requirements of
paragraphs (d)(2)(vi) or (d)(2)(vii) of this section based on its
reference amount customarily consumed, and the labeled serving size
differs from that amount, the claim shall be followed by a statement
explaining that the claim is based on the reference amount rather than
the labeled serving size (e.g., ``Diets low in sodium may reduce the
risk of high blood pressure, a disease associated with many factors. A
serving of __ ounces of this product conforms to such a diet.'').
(B) Where the food that bears the claim is sold in a restaurant or
in other establishments in which food that is ready for immediate human
consumption is sold, the food can meet the requirements of paragraphs
(d)(2)(vi) or (d)(2)(vii) of this section if the firm that sells the
food has a reasonable basis on which to believe that the food that bears
the claim meets the requirements of paragraphs (d)(2)(vi) or (d)(2)(vii)
of this section and provides that basis upon request.
(3) Nutrition labeling shall be provided in the label or labeling of
any food for which a health claim is made in accordance with Sec. 101.9;
for restaurant foods, in accordance with Sec. 101.10; or for dietary
supplements of vitamins or minerals, in accordance with Sec. 101.36. The
requirements of this paragraph are effective as of May 8, 1993, except:
(i) For menus, for which the requirements of paragraph (d)(3) of
this section will be effective May 2, 1997.
(ii) [Reserved]
(iii) For dietary supplements of vitamins, minerals, herbs, or other
similar nutritional substances for which the requirements of paragraph
(d)(3) of this section will be effective July 5, 1994.
(e) Prohibited health claims. No expressed or implied health claim
may be made on the label or in labeling for a food, regardless of
whether the food is in conventional food form or dietary supplement
form, unless:
(1) The claim is specifically provided for in subpart E of this
part; and
(2) The claim conforms to all general provisions of this section as
well as to all specific provisions in the appropriate section of subpart
E of this part;
(3) None of the disqualifying levels identified in paragraph (a)(5)
of this section is exceeded in the food, unless specific alternative
levels have been established for the substance in subpart E of this
part; or unless FDA has permitted a claim despite the fact that a
disqualifying level of a nutrient is present in the food based on a
finding that such a claim will assist consumers in maintaining healthy
dietary practices, and, in accordance with the regulation in subpart E
of this part that makes such a finding, the label bears a referral
statement that complies with Sec. 101.13(h), highlighting the nutrient
that exceeds the disqualifying level;
[[Page 66]]
(4) Except as provided in paragraph (e)(3) of this section, no
substance is present at an inappropriate level as determined in the
specific provision authorizing the claim in subpart E of this part;
(5) The label does not represent or purport that the food is for
infants and toddlers less than 2 years of age except if the claim is
specifically provided for in subpart E of this part; and
(6) Except for dietary supplements or where provided for in other
regulations in part 101, subpart E, the food contains 10 percent or more
of the Reference Daily Intake or the Daily Reference Value for vitamin
A, vitamin C, iron, calcium, protein, or fiber per reference amount
customarily consumed prior to any nutrient addition.
(f) The requirements of this section do not apply to:
(1) Infant formulas subject to section 412(h) of the Federal Food,
Drug, and Cosmetic Act, and
(2) Medical foods defined by section 5(b) of the Orphan Drug Act.
(g) Applicability. The requirements of this section apply to foods
intended for human consumption that are offered for sale, regardless of
whether the foods are in conventional food form or dietary supplement
form.
[58 FR 2533, Jan. 6, 1993; 58 FR 17097, Apr. 1, 1993, as amended at 58
FR 44038, Aug. 18, 1993; 59 FR 425, Jan. 4, 1994; 59 FR 15050, Mar. 31,
1994; 61 FR 40332, Aug. 2, 1996]
Effective Date Note: At 61 FR 40332, Aug. 2, 1996, in Sec. 101.10,
paragraphs (d)(2)(vii)(B) and (d)(3) introductory text were revised and
(d)(3)(i) was added, effective May 2, 1997. For the convenience of the
user, the superseded text is set forth as follows:
health claims; general requirements.
* * * * *
(d) * * *
(2) * * *
(vii) * * *
(B) Where the food that bears the claim is sold in a
restaurant (except if the claim is made on a menu) or in other
establishments in which food that is ready for human
consumption is sold, the food can meet the requirements of
paragraphs (d)(2)(vi) or (d)(2)(vii) of this section if the
firm that sells the food has a reasonable basis on which to
believe that the food that bears the claim meets the
requirements of paragraphs (d)(2)(vi) and (d)(2)(vii) of this
section and provides that basis upon request.
(3) Nutrition labeling shall be provided in the label or
labeling of any food for which a health claim is made in
accordance with Sec. 101.9; for restaurant foods, in accordance
with Sec. 101.10; or for dietary supplements of vitamins or
minerals, in accordance with Sec. 101.36. The requirements of
the introductory text of paragraph (d)(3) of this section are
effective as of May 8, 1993, except:
* * * * *
Sec. 101.15 Food; prominence of required statements.
(a) A word, statement, or other information required by or under
authority of the act to appear on the label may lack that prominence and
conspicuousness required by section 403(f) of the act by reason (among
other reasons) of:
(1) The failure of such word, statement, or information to appear on
the part or panel of the label which is presented or displayed under
customary conditions of purchase;
(2) The failure of such word, statement, or information to appear on
two or more parts or panels of the label, each of which has sufficient
space therefor, and each of which is so designed as to render it likely
to be, under customary conditions of purchase, the part or panel
displayed;
(3) The failure of the label to extend over the area of the
container or package available for such extension, so as to provide
sufficient label space for the prominent placing of such word,
statement, or information;
(4) Insufficiency of label space (for the prominent placing of such
word, statement, or information) resulting from the use of label space
for any word, statement, design, or device which is not required by or
under authority of the act to appear on the label;
(5) Insufficiency of label space (for the prominent placing of such
word, statement, or information) resulting from the use of label space
to give materially greater conspicuousness to any other word, statement,
or information, or to any design or device; or
(6) Smallness or style of type in which such word, statement, or
information appears, insufficient background contrast, obscuring designs
or
[[Page 67]]
vignettes, or crowding with other written, printed, or graphic matter.
(b) No exemption depending on insufficiency of label space, as
prescribed in regulations promulgated under section 403 (e) or (i) of
the act, shall apply if such insufficiency is caused by:
(1) The use of label space for any word, statement, design, or
device which is not required by or under authority of the act to appear
on the label;
(2) The use of label space to give greater conspicuousness to any
word, statement, or other information than is required by section 403(f)
of the act; or
(3) The use of label space for any representation in a foreign
language.
(c)(1) All words, statements, and other information required by or
under authority of the act to appear on the label or labeling shall
appear thereon in the English language: Provided, however, That in the
case of articles distributed solely in the Commonwealth of Puerto Rico
or in a Territory where the predominant language is one other than
English, the predominant language may be substituted for English.
(2) If the label contains any representation in a foreign language,
all words, statements, and other information required by or under
authority of the act to appear on the label shall appear thereon in the
foreign language: Provided, however, That individual serving-size
packages of foods containing no more than 1\1/2\ avoirdupois ounces or
no more than 1\1/2\ fluid ounces served with meals in restaurants,
institutions, and passenger carriers and not intended for sale at retail
are exempt from the requirements of this paragraph (c)(2), if the only
representation in the foreign language(s) is the name of the food.
(3) If any article of labeling (other than a label) contains any
representation in a foreign language, all words, statements, and other
information required by or under authority of the act to appear on the
label or labeling shall appear on such article of labeling.
Sec. 101.17 Food labeling warning and notice statements.
(a) Self-pressurized containers. (1) The label of a food packaged in
a self-pressurized container and intended to be expelled from the
package under pressure shall bear the following warning:
Warning--Avoid spraying in eyes. Contents under pressure. Do not
puncture or incinerate. Do not store at temperature above 120 deg.F.
Keep out of reach of children.
(2) In the case of products intended for use by children, the phrase
``except under adult supervision'' may be added at the end of the last
sentence in the warning required by paragraph (a)(1) of this section.
(3) In the case of products packaged in glass containers, the word
``break'' may be substituted for the word ``puncture'' in the warning
required by paragraph (a)(1) of this section.
(4) The words ``Avoid spraying in eyes'' may be deleted from the
warning required by paragraph (a)(1) of this section in the case of a
product not expelled as a spray.
(b) Self-pressurized containers with halocarbon or hydrocarbon
propellants. (1) In addition to the warning required by paragraph (a) of
this section, the label of a food packaged in a self-pressurized
container in which the propellant consists in whole or in part of a
halocarbon or a hydrocarbon shall bear the following warning:
Warning--Use only as directed. Intentional misuse by deliberately
concentrating and inhaling the contents can be harmful or fatal.
(2) The warning required by paragraph (b)(1) of this section is not
required for the following products:
(i) Products expelled in the form of a foam or cream, which contain
less than 10 percent propellant in the container.
(ii) Products in a container with a physical barrier that prevents
escape of the propellant at the time of use.
(iii) Products of a net quantity of contents of less than 2 ounces
that are designed to release a measured amount of product with each
valve actuation.
(iv) Products of a net quantity of contents of less than one-half
ounce.
(c) Food containing or manufactured with a chlorofluorocarbon or
other ozone-depleting substance. Labeling requirements for foods that
contain or are manufactured with a chlorofluorocarbon or other ozone-
depleting substance designated by the
[[Page 68]]
Environmental Protection Agency (EPA) are set forth in 40 CFR part 82.
(d) Protein products. (1) The label and labeling of any food product
in liquid, powdered, tablet, capsule, or similar forms that derives more
than 50 percent of its total caloric value from either whole protein,
protein hydrolysates, amino acid mixtures, or a combination of these,
and that is represented for use in reducing weight shall bear the
following warning:
Warning: Very low calorie protein diets (below 400 Calories per day)
may cause serious illness or death. Do Not Use for Weight Reduction in
Such Diets Without Medical Supervision. Not for use by infants,
children, or pregnant or nursing women.
(2) Products described in paragraph (d)(1) of this section are
exempt from the labeling requirements of that paragraph if the protein
products are represented as part of a nutritionally balanced diet plan
providing 400 or more Calories (kilocalories) per day and the label or
labeling of the product specifies the diet plan in detail or provides a
brief description of that diet plan and adequate information describing
where the detailed diet plan may be obtained and the label and labeling
bear the following statement:
Notice: For weight reduction, use only as directed in the
accompanying diet plan (the name and specific location in labeling of
the diet plan may be included in this statement in place of
``accompanying diet plan''). Do not use in diets supplying less than 400
Calories per day without medical supervision.
(3) The label and labeling of food products represented or intended
for dietery (food) supplementation that derive more than 50 percent of
their total caloric value from either whole protein, protein
hydrolysates, amino acid mixtures, or a combination of these, that are
represented specifically for purposes other than weight reduction; and
that are not covered by the requirements of paragraph (d) (1) and (2) of
this section; shall bear the following statement:
Notice: Use this product as a food supplement only. Do not use for
weight reduction.
(4) The provisions of this paragraph are separate from and in
addition to any labeling requirements promulgated by the Federal Trade
Commission for protein supplements.
(5) Protein products shipped in bulk form for use solely in the
manufacture of other foods and not for distribution to consumers in such
container are exempt from the labeling requirements of this paragraph.
(6) The warning and notice statements required by paragraphs (d)
(1), (2), and (3) of this section shall appear prominently and
conspicuously on the principal display panel of the package label and
any other labeling.
(e) Dietary supplements containing iron or iron salts. (1) The
labeling of any dietary supplement in solid oral dosage form (e.g.,
tablets or capsules) that contains iron or iron salts for use as an iron
source shall bear the following statement:
WARNING: Accidental overdose of iron-containing products is a
leading cause of fatal poisoning in children under 6. Keep this product
out of reach of children. In case of accidental overdose, call a doctor
or poison control center immediately.
(2)(i) The warning statement required by paragraph (e)(1) of this
section shall appear prominently and conspicuously on the information
panel of the immediate container label.
(ii) If a product is packaged in unit-dose packaging, and if the
immediate container bears labeling but not a label, the warning
statement required by paragraph (e)(1) of this section shall appear
prominently and conspicuously on the immediate container labeling in a
way that maximizes the likelihood that the warning is intact until all
of the dosage units to which it applies are used.
(3) Where the immediate container is not the retail package, the
warning statement required by paragraph (e)(1) of this section shall
also appear prominently and conspicuously on the information panel of
the retail package label.
(4) The warning statement shall appear on any labeling that contains
warnings.
[[Page 69]]
(5) The warning statement required by paragraph (e)(1) of this
section shall be set off in a box by use of hairlines.
[42 FR 14308, Mar. 15, 1977, as amended at 42 FR 22033, Apr. 29, 1977;
49 FR 13690, Apr. 6, 1984; 49 FR 28548, July 13, 1984; 61 FR 20100, May
3, 1996; 62 FR 2249, Jan. 15, 1997]
Effective Date Note: At 62 FR 2249, Jan. 15, 1997, in Sec. 101.17
paragraph (e) was added, effective July 15, 1997.
Sec. 101.18 Misbranding of food.
(a) Among representations in the labeling of a food which render
such food misbranded is a false or misleading representation with
respect to another food or a drug, device, or cosmetic.
(b) The labeling of a food which contains two or more ingredients
may be misleading by reason (among other reasons) of the designation of
such food in such labeling by a name which includes or suggests the name
of one or more but not all such ingredients, even though the names of
all such ingredients are stated elsewhere in the labeling.
(c) Among representations in the labeling of a food which render
such food misbranded is any representation that expresses or implies a
geographical origin of the food or any ingredient of the food except
when such representation is either:
(1) A truthful representation of geographical origin.
(2) A trademark or trade name provided that as applied to the
article in question its use is not deceptively misdescriptive. A
trademark or trade name composed in whole or in part of geographical
words shall not be considered deceptively misdescriptive if it:
(i) Has been so long and exclusively used by a manufacturer or
distributor that it is generally understood by the consumer to mean the
product of a particular manufacturer or distributor; or
(ii) Is so arbitrary or fanciful that it is not generally understood
by the consumer to suggest geographic origin.
(3) A part of the name required by applicable Federal law or
regulation.
(4) A name whose market significance is generally understood by the
consumer to connote a particular class, kind, type, or style of food
rather than to indicate geographical origin.
Subpart B--Specific Food Labeling Requirements
Sec. 101.22 Foods; labeling of spices, flavorings, colorings and
chemical preservatives.
(a)(1) The term artificial flavor or artificial flavoring means any
substance, the function of which is to impart flavor, which is not
derived from a spice, fruit or fruit juice, vegetable or vegetable
juice, edible yeast, herb, bark, bud, root, leaf or similar plant
material, meat, fish, poultry, eggs, dairy products, or fermentation
products thereof. Artificial flavor includes the substances listed in
Secs. 172.515(b) and 182.60 of this chapter except where these are
derived from natural sources.
(2) The term spice means any aromatic vegetable substance in the
whole, broken, or ground form, except for those substances which have
been traditionally regarded as foods, such as onions, garlic and celery;
whose significant function in food is seasoning rather than nutritional;
that is true to name; and from which no portion of any volatile oil or
other flavoring principle has been removed. Spices include the spices
listed in Sec. 182.10 and part 184 of this chapter, such as the
following:
Allspice, Anise, Basil, Bay leaves, Caraway seed, Cardamon, Celery seed,
Chervil, Cinnamon, Cloves, Coriander, Cumin seed, Dill seed, Fennel
seed, Fenugreek, Ginger, Horseradish, Mace, Marjoram, Mustard flour,
Nutmeg, Oregano, Paprika, Parsley, Pepper, black; Pepper, white; Pepper,
red; Rosemary, Saffron, Sage, Savory, Star aniseed, Tarragon, Thyme,
Turmeric.
Paprika, turmeric, and saffron or other spices which are also colors,
shall be declared as ``spice and coloring'' unless declared by their
common or usual name.
(3) The term natural flavor or natural flavoring means the essential
oil, oleoresin, essence or extractive, protein hydrolysate, distillate,
or any product of roasting, heating or enzymolysis, which contains the
flavoring constituents derived from a spice, fruit or fruit juice,
vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf
or similar plant material, meat, seafood, poultry, eggs, dairy products,
or fermentation products thereof, whose significant function in food is
flavoring
[[Page 70]]
rather than nutritional. Natural flavors include the natural essence or
extractives obtained from plants listed in Secs. 182.10, 182.20, 182.40,
and 182.50 and part 184 of this chapter, and the substances listed in
Sec. 172.510 of this chapter.
(4) The term artificial color or artificial coloring means any
``color additive'' as defined in Sec. 70.3(f) of this chapter.
(5) The term chemical preservative means any chemical that, when
added to food, tends to prevent or retard deterioration thereof, but
does not include common salt, sugars, vinegars, spices, or oils
extracted from spices, substances added to food by direct exposure
thereof to wood smoke, or chemicals applied for their insecticidal or
herbicidal properties.
(b) A food which is subject to the requirements of section 403(k) of
the act shall bear labeling, even though such food is not in package
form.
(c) A statement of artificial flavoring, artificial coloring, or
chemical preservative shall be placed on the food or on its container or
wrapper, or on any two or all three of these, as may be necessary to
render such statement likely to be read by the ordinary person under
customary conditions of purchase and use of such food. The specific
artificial color used in a food shall be identified on the labeling when
so required by regulation in part 74 of this chapter to assure safe
conditions of use for the color additive.
(d) A food shall be exempt from compliance with the requirements of
section 403(k) of the act if it is not in package form and the units
thereof are so small that a statement of artificial flavoring,
artificial coloring, or chemical preservative, as the case may be,
cannot be placed on such units with such conspicuousness as to render it
likely to be read by the ordinary individual under customary conditions
of purchase and use.
(e) A food shall be exempt while held for sale from the requirements
of section 403(k) of the act (requiring label statement of any
artificial flavoring, artificial coloring, or chemical preservatives) if
said food, having been received in bulk containers at a retail
establishment, is displayed to the purchaser with either (1) the
labeling of the bulk container plainly in view or (2) a counter card,
sign, or other appropriate device bearing prominently and conspicuously
the information required to be stated on the label pursuant to section
403(k).
(f) A fruit or vegetable shall be exempt from compliance with the
requirements of section 403(k) of the act with respect to a chemical
preservative applied to the fruit or vegetable as a pesticide chemical
prior to harvest.
(g) A flavor shall be labeled in the following way when shipped to a
food manufacturer or processor (but not a consumer) for use in the
manufacture of a fabricated food, unless it is a flavor for which a
standard of identity has been promulgated, in which case it shall be
labeled as provided in the standard:
(1) If the flavor consists of one ingredient, it shall be declared
by its common or usual name.
(2) If the flavor consists of two or more ingredients, the label
either may declare each ingredient by its common or usual name or may
state ``All flavor ingredients contained in this product are approved
for use in a regulation of the Food and Drug Administration.'' Any
flavor ingredient not contained in one of these regulations, and any
nonflavor ingredient, shall be separately listed on the label.
(3) In cases where the flavor contains a solely natural flavor(s),
the flavor shall be so labeled, e.g., ``strawberry flavor'', ``banana
flavor'', or ``natural strawberry flavor''. In cases where the flavor
contains both a natural flavor and an artificial flavor, the flavor
shall be so labeled, e.g., ``natural and artificial strawberry flavor''.
In cases where the flavor contains a solely artificial flavor(s), the
flavor shall be so labeled, e.g., ``artificial strawberry flavor''.
(h) The label of a food to which flavor is added shall declare the
flavor in the statement of ingredients in the following way:
(1) Spice, natural flavor, and artificial flavor may be declared as
``spice'', ``natural flavor'', or ``artificial flavor'', or any
combination thereof, as the case may be.
(2) An incidental additive in a food, originating in a spice or
flavor used in the manufacture of the food, need not
[[Page 71]]
be declared in the statement of ingredients if it meets the requirements
of Sec. 101.100(a)(3).
(3) Substances obtained by cutting, grinding, drying, pulping, or
similar processing of tissues derived from fruit, vegetable, meat, fish,
or poultry, e.g., powdered or granulated onions, garlic powder, and
celery powder, are commonly understood by consumers to be food rather
than flavor and shall be declared by their common or usual name.
(4) Any salt (sodium chloride) used as an ingredient in food shall
be declared by its common or usual name ``salt.''
(5) Any monosodium glutamate used as an ingredient in food shall be
declared by its common or usual name ``monosodium glutamate.''
(6) Any pyroligneous acid or other artificial smoke flavors used as
an ingredient in a food may be declared as artificial flavor or
artificial smoke flavor. No representation may be made, either directly
or implied, that a food flavored with pyroligneous acid or other
artificial smoke flavor has been smoked or has a true smoked flavor, or
that a seasoning sauce or similar product containing pyroligneous acid
or other artificial smoke flavor and used to season or flavor other
foods will result in a smoked product or one having a true smoked
flavor.
(7) Because protein hydrolysates function in foods as both
flavorings and flavor enhancers, no protein hydrolysate used in food for
its effects on flavor may be declared simply as ``flavor,'' ``natural
flavor,'' or ``flavoring.'' The ingredient shall be declared by its
specific common or usual name as provided in Sec. 102.22 of this
chapter.
(i) If the label, labeling, or advertising of a food makes any
direct or indirect representations with respect to the primary
recognizable flavor(s), by word, vignette, e.g., depiction of a fruit,
or other means, or if for any other reason the manufacturer or
distributor of a food wishes to designate the type of flavor in the food
other than through the statement of ingredients, such flavor shall be
considered the characterizing flavor and shall be declared in the
following way:
(1) If the food contains no artificial flavor which simulates,
resembles or reinforces the characterizing flavor, the name of the food
on the principal display panel or panels of the label shall be
accompanied by the common or usual name of the characterizing flavor,
e.g., ``vanilla'', in letters not less than one-half the height of the
letters used in the name of the food, except that:
(i) If the food is one that is commonly expected to contain a
characterizing food ingredient, e.g., strawberries in ``strawberry
shortcake'', and the food contains natural flavor derived from such
ingredient and an amount of characterizing ingredient insufficient to
independently characterize the food, or the food contains no such
ingredient, the name of the characterizing flavor may be immediately
preceded by the word ``natural'' and shall be immediately followed by
the word ``flavored'' in letters not less than one-half the height of
the letters in the name of the characterizing flavor, e.g., ``natural
strawberry flavored shortcake,'' or ``strawberry flavored shortcake''.
(ii) If none of the natural flavor used in the food is derived from
the product whose flavor is simulated, the food in which the flavor is
used shall be labeled either with the flavor of the product from which
the flavor is derived or as ``artificially flavored.''
(iii) If the food contains both a characterizing flavor from the
product whose flavor is simulated and other natural flavor which
simulates, resembles or reinforces the characterizing flavor, the food
shall be labeled in accordance with the introductory text and paragraph
(i)(1)(i) of this section and the name of the food shall be immediately
followed by the words ``with other natural flavor'' in letters not less
than one-half the height of the letters used in the name of the
characterizing flavor.
(2) If the food contains any artificial flavor which simulates,
resembles or reinforces the characterizing flavor, the name of the food
on the principal display panel or panels of the label shall be
accompanied by the common or usual name(s) of the characterizing flavor,
in letters not less than one-half the height of the letters used in the
name of the food and the name of the characterizing flavor shall be
accompanied by the word(s) ``artificial'' or
[[Page 72]]
``artificially flavored'', in letters not less than one-half the height
of the letters in the name of the characterizing flavor, e.g.,
``artificial vanilla'', ``artificially flavored strawberry'', or ``grape
artificially flavored''.
(3) Wherever the name of the characterizing flavor appears on the
label (other than in the statement of ingredients) so conspicuously as
to be easily seen under customary conditions of purchase, the words
prescribed by this paragraph shall immediately and conspicuously precede
or follow such name, without any intervening written, printed, or
graphic matter, except:
(i) Where the characterizing flavor and a trademark or brand are
presented together, other written, printed, or graphic matter that is a
part of or is associated with the trademark or brand may intervene if
the required words are in such relationship with the trademark or brand
as to be clearly related to the characterizing flavor; and
(ii) If the finished product contains more than one flavor subject
to the requirements of this paragraph, the statements required by this
paragraph need appear only once in each statement of characterizing
flavors present in such food, e.g., ``artificially flavored vanilla and
strawberry''.
(iii) If the finished product contains three or more distinguishable
characterizing flavors, or a blend of flavors with no primary
recognizable flavor, the flavor may be declared by an appropriately
descriptive generic term in lieu of naming each flavor, e.g.,
``artificially flavored fruit punch''.
(4) A flavor supplier shall certify, in writing, that any flavor he
supplies which is designated as containing no artificial flavor does
not, to the best of his knowledge and belief, contain any artificial
flavor, and that he has added no artificial flavor to it. The
requirement for such certification may be satisfied by a guarantee under
section 303(c)(2) of the act which contains such a specific statement. A
flavor used shall be required to make such a written certification only
where he adds to or combines another flavor with a flavor which has been
certified by a flavor supplier as containing no artificial flavor, but
otherwise such user may rely upon the supplier's certification and need
make no separate certification. All such certifications shall be
retained by the certifying party throughout the period in which the
flavor is supplied and for a minimum of three years thereafter, and
shall be subject to the following conditions:
(i) The certifying party shall make such certifications available
upon request at all reasonable hours to any duly authorized office or
employee of the Food and Drug Administration or any other employee
acting on behalf of the Secretary of Health and Human Services. Such
certifications are regarded by the Food and Drug Administration as
reports to the government and as guarantees or other undertakings within
the meaning of section 301(h) of the act and subject the certifying
party to the penalties for making any false report to the government
under 18 U.S.C. 1001 and any false guarantee or undertaking under
section 303(a) of the act. The defenses provided under section 303(c)(2)
of the act shall be applicable to the certifications provided for in
this section.
(ii) Wherever possible, the Food and Drug Administration shall
verify the accuracy of a reasonable number of certifications made
pursuant to this section, constituting a representative sample of such
certifications, and shall not request all such certifications.
(iii) Where no person authorized to provide such information is
reasonably available at the time of inspection, the certifying party
shall arrange to have such person and the relevant materials and records
ready for verification as soon as practicable: Provided, That, whenever
the Food and Drug Administration has reason to believe that the supplier
or user may utilize this period to alter inventories or records, such
additional time shall not be permitted. Where such additional time is
provided, the Food and Drug Administration may require the certifying
party to certify that relevant inventories have not been materially
disturbed and relevant records have not been altered or concealed during
such period.
(iv) The certifying party shall provide, to an officer or
representative duly designated by the Secretary, such qualitative
statement of the composition of the flavor or product covered by
[[Page 73]]
the certification as may be reasonably expected to enable the
Secretary's representatives to determine which relevant raw and finished
materials and flavor ingredient records are reasonably necessary to
verify the certifications. The examination conducted by the Secretary's
representative shall be limited to inspection and review of inventories
and ingredient records for those certifications which are to be
verified.
(v) Review of flavor ingredient records shall be limited to the
qualitative formula and shall not include the quantitative formula. The
person verifying the certifications may make only such notes as are
necessary to enable him to verify such certification. Only such notes or
such flavor ingredient records as are necessary to verify such
certification or to show a potential or actual violation may be removed
or transmitted from the certifying party's place of business: Provided,
That, where such removal or transmittal is necessary for such purposes
the relevant records and notes shall be retained as separate documents
in Food and Drug Administration files, shall not be copied in other
reports, and shall not be disclosed publicly other than in a judicial
proceeding brought pursuant to the act or 18 U.S.C. 1001.
(j) A food to which a chemical preservative(s) is added shall,
except when exempt pursuant to Sec. 101.100 bear a label declaration
stating both the common or usual name of the ingredient(s) and a
separate description of its function, e.g., ``preservative'', ``to
retard spoilage'', ``a mold inhibitor'', ``to help protect flavor'' or
``to promote color retention''.
(k) The label of a food to which any coloring has been added shall
declare the coloring in the statement of ingredients in the manner
specified in paragraphs (k)(1) and (k)(2) of this section, except that
colorings added to butter, cheese, and ice cream, if declared, may be
declared in the manner specified in paragraph (k)(3) of this section,
and colorings added to foods subject to Secs. 105.62 and 105.65 of this
chapter shall be declared in accordance with the requirements of those
sections.
(1) A color additive or the lake of a color additive subject to
certification under 721(c) of the act shall be declared by the name of
the color additive listed in the applicable regulation in part 74 or
part 82 of this chapter, except that it is not necessary to include the
``FD&C'' prefix or the term ``No.'' in the declaration, but the term
``Lake'' shall be included in the declaration of the lake of the
certified color additive (e.g., Blue 1 Lake). Manufacturers may
parenthetically declare an appropriate alternative name of the certified
color additive following its common or usual name as specified in part
74 or part 82 of this chapter.
(2) Color additives not subject to certification may be declared as
``Artificial Color,'' ``Artificial Color Added,'' or ``Color Added'' (or
by an equally informative term that makes clear that a color additive
has been used in the food). Alternatively, such color additives may be
declared as ``Colored with ______'' or ``______ color'', the blank to be
filled with the name of the color additive listed in the applicable
regulation in part 73 of this chapter.
(3) When a coloring has been added to butter, cheese, or ice cream,
it need not be declared in the ingredient list unless such declaration
is required by a regulation in part 73 or part 74 of this chapter to
ensure safe conditions of use for the color additive. Voluntary
declaration of all colorings added to butter, cheese, and ice cream,
however, is recommended.
[42 FR 14308, Mar. 15, 1977, as amended at 44 FR 3963, Jan. 19, 1979; 44
FR 37220, June 26, 1979; 54 FR 24891, June 12, 1989; 58 FR 2875, Jan. 6,
1993]
Sec. 101.29 Labeling of kosher and kosher-style foods.
The term kosher should be used only on food products that meet
certain religious dietary requirements. The precise significance of the
phrase ``kosher style'' as applied to any particular product by the
public has not been determined. There is a likelihood that the use of
the term may cause the prospective purchaser to think that the product
is ``kosher.'' Accordingly, the Food and Drug Administration believes
that use of the phrase should be discouraged on products that do not
meet the religious dietary requirements.
[[Page 74]]
Sec. 101.30 Percentage juice declaration for foods purporting to be
beverages that contain fruit or vegetable juice.
(a) This section applies to any food that purports to be a beverage
that contains any fruit or vegetable juice (i.e., the product's
advertising, label, or labeling bears the name of, or variation on the
name of, or makes any other direct or indirect representation with
respect to, any fruit or vegetable juice), or the label or labeling
bears any vignette (i.e., depiction of a fruit or vegetable) or other
pictorial representation of any fruit or vegetable, or the product
contains color and flavor that gives the beverage the appearance and
taste of containing a fruit or vegetable juice. The beverage may be
carbonated or noncarbonated, concentrated, full-strength, diluted, or
contain no juice. For example, a soft drink (soda) that does not
represent or suggest by its physical characteristics, name, labeling,
ingredient statement, or advertising that it contains fruit or vegetable
juice does not purport to contain juice and therefore does not require a
percent juice declaration.
(b)(1) If the beverage contains fruit or vegetable juice, the
percentage shall be declared by the words ``Contains __ percent (or %)
______ juice'' or ``__ percent (or %) juice,'' or a similar phrase, with
the first blank filled in with the percentage expressed as a whole
number not greater than the actual percentage of the juice and the
second blank (if used) filled in with the name of the particular fruit
or vegetable (e.g., ``Contains 50 percent apple juice'' or ``50 percent
juice'').
(2) If the beverage contains less than 1 percent juice, the total
percentage juice shall be declared as ``less than 1 percent juice'' or
``less than 1 percent ______ juice'' with the blank filled in with the
name of the particular fruit or vegetable.
(3) If the beverage contains 100 percent juice and also contains
non-juice ingredients that do not result in a diminution of the juice
soluble solids or, in the case of expressed juice, in a change in the
volume, when the 100 percent juice declaration appears on a panel of the
label that does not also bear the ingredient statement, it must be
accompanied by the phrase ``with added ______,'' the blank filled in
with a term such as ``ingredient(s),'' ``preservative,'' or
``sweetener,'' as appropriate (e.g., ``100% juice with added
sweetener''), except that when the presence of the non-juice
ingredient(s) is declared as a part of the statement of identity of the
product, this phrase need not accompany the 100 percent juice
declaration.
(c) If a beverage contains minor amounts of juice for flavoring and
is labeled with a flavor description using terms such as ``flavor'',
``flavored'', or ``flavoring'' with a fruit or vegetable name and does
not bear:
(1) The term ``juice'' on the label other than in the ingredient
statement; or
(2) An explicit vignette depicting the fruit or vegetable from which
the flavor derives, such as juice exuding from a fruit or vegetable; or
(3) Specific physical resemblance to a juice or distinctive juice
characteristic such as pulp then total percentage juice declaration is
not required.
(d) If the beverage does not meet the criteria for exemption from
total juice percentage declaration as described in paragraph (c) of this
section and contains no fruit or vegetable juice, but the labeling or
color and flavor of the beverage represents, suggests, or implies that
fruit or vegetable juice may be present (e.g., the product advertising
or labeling bears the name, a variation of the name, or a pictorial
representation of any fruit or vegetable, or the product contains color
and flavor that give the beverage the appearance and taste of containing
a fruit or vegetable juice), then the label shall declare ``contains
zero (0) percent (or %) juice''. Alternatively, the label may declare
``Containing (or contains) no ______ juice'', or ``no ______ juice'', or
``does not contain ______ juice'', the blank to be filled in with the
name of the fruits or vegetables represented, suggested, or implied, but
if there is a general suggestion that the product contains fruit or
vegetable juice, such as the presence of fruit pulp, the blank shall be
filled in with the word ``fruit'' or ``vegetable'' as applicable (e.g.,
``contains no fruit juice'', or ``does not contain fruit juice'').
[[Page 75]]
(e) If the beverage is sold in a package with an information panel
as defined in Sec. 101.2, the declaration of amount of juice shall be
prominently placed on the information panel in lines generally parallel
to other required information, appearing:
(1) Near the top of the information panel, with no other printed
label information appearing above the statement except the brand name,
product name, logo, or universal product code; and
(2) In easily legible boldface print or type in distinct contrast to
other printed or graphic matter, in a height not less than the largest
type found on the information panel except that used for the brand name,
product name, logo, universal product code, or the title phrase
``Nutrition Facts'' appearing in the nutrition information as required
by Sec. 101.9.
(f) The percentage juice declaration may also be placed on the
principal display panel, provided that the declaration is consistent
with that presented on the information panel.
(g) If the beverage is sold in a package that does not bear an
information panel as defined in Sec. 101.2, the percentage juice
declaration shall be placed on the principal display panel, in type size
not less than that required for the declaration of net quantity of
contents statement in Sec. 101.105(i), and be placed near the name of
the food.
(h)(1) In enforcing these regulations, the Food and Drug
Administration will calculate the labeled percentage of juice from
concentrate found in a juice or juice beverage using the minimum Brix
levels listed below where single-strength (100 percent) juice has at
least the specified minimum Brix listed below:
------------------------------------------------------------------------
100
Juice percent
juice<SUP>1
------------------------------------------------------------------------
Acerola........................................................ 6.0
Apple.......................................................... 11.5
Apricot........................................................ 11.7
Banana......................................................... 22.0
Blackberry..................................................... 10.0
Blueberry...................................................... 10.0
Boysenberry.................................................... 10.0
Cantaloupe Melon............................................... 9.6
Carambola...................................................... 7.8
Carrot......................................................... 8.0
Casaba Melon................................................... 7.5
Cashew (Caju).................................................. 12.0
Celery......................................................... 3.1
Cherry, dark, sweet............................................ 20.0
Cherry, red, sour.............................................. 14.0
Crabapple...................................................... 15.4
Cranberry...................................................... 7.5
Currant (Black)................................................ 11.0
Currant (Red).................................................. 10.5
Date........................................................... 18.5
Dewberry....................................................... 10.0
Elderberry..................................................... 11.0
Fig............................................................ 18.2
Gooseberry..................................................... 8.3
Grape.......................................................... 16.0
Grapefruit..................................................... <SUP>310.0
Guanabana (soursop)............................................ 16.0
Guava.......................................................... 7.7
Honeydew melon................................................. 9.6
Kiwi........................................................... 15.4
Lemon.......................................................... <SUP>2 4.5
Lime........................................................... <INF>2 4.5
Loganberry..................................................... 10.5
Mango.......................................................... 13.0
Nectarine...................................................... 11.8
Orange......................................................... <SUP>311.8
Papaya......................................................... 11.5
Passion Fruit.................................................. 14.0
Peach.......................................................... 10.5
Pear........................................................... 12.0
Pineapple...................................................... 12.8
Plum........................................................... 14.3
Pomegranate.................................................... 16.0
Prune.......................................................... 18.5
Quince......................................................... 13.3
Raspberry (Black).............................................. 11.1
Raspberry (Red)................................................ 9.2
Rhubarb........................................................ 5.7
Strawberry..................................................... 8.0
Tangerine...................................................... <SUP>311.8
Tomato......................................................... 5.0
Watermelon..................................................... 7.8
Youngberry..................................................... 10.0
------------------------------------------------------------------------
\1\ Indicates Brix value unless other value specified.
\2\ Indicates anhydrous citrus acid percent by weight.
\3\ Brix values determined by refractometer for citrus juices may be
corrected for citric acid.
(2) If there is no Brix level specified in paragraph (h)(1) of this
section, the labeled percentage of that juice from concentrate in a
juice or juice beverage will be calculated on the basis of the soluble
solids content of the single-strength (unconcentrated) juice used to
produce such concentrated juice.
(i) Juices directly expressed from a fruit or vegetable (i.e., not
concentrated and reconstituted) shall be considered to be 100 percent
juice and shall be declared as ``100 percent juice.''
(j) Calculations of the percentage of juice in a juice blend or a
diluted juice product made directly from expressed juice (i.e., not from
concentrate) shall be based on the percentage of the expressed juice in
the product computed on a volume/volume basis.
(k) If the product is a beverage that contains a juice whose color,
taste, or
[[Page 76]]
other organoleptic properties have been modified to the extent that the
original juice is no longer recognizable at the time processing is
complete, or if its nutrient profile has been diminished to a level
below the normal nutrient range for the juice, then that juice to which
such a major modification has been made shall not be included in the
total percentage juice declaration.
(l) A beverage required to bear a percentage juice declaration on
its label, that contains less than 100 percent juice, shall not bear any
other percentage declaration that describes the juice content of the
beverage in its label or in its labeling (e.g., ``100 percent natural''
or ``100 percent pure''). However, the label or labeling may bear
percentage statements clearly unrelated to juice content (e.g.,
``provides 100 percent of U.S. RDA of vitamin C'').
(m) Products purporting to be beverages that contain fruit or
vegetable juices are exempted from the provisions of this section until
May 8, 1994. All products that are labeled on or after that date shall
comply with this section.
[58 FR 2925, Jan. 6, 1993, as amended at 58 FR 44063, Aug. 18, 1993; 58
FR 49192, Sept. 22, 1993]
Subpart C--Specific Nutrition Labeling Requirements and Guidelines
Source: 55 FR 60890, Nov. 27, 1991, unless otherwise noted.
Sec. 101.36 Nutrition labeling of dietary supplements of vitamins and
minerals.
(a) The label of a dietary supplement of a vitamin or mineral that
has a Reference Daily Intake (RDI) as established in
Sec. 101.9(c)(8)(iv) or a Daily Reference Value (DRV) as established in
Sec. 101.9(c)(9), shall bear nutrition labeling in accordance with this
regulation, as illustrated in paragraph (c)(9) of this section, unless
an exemption is provided for the product in paragraph (f) of this
section. Dietary supplements of herbs or other similar nutritional
substances shall bear nutrition labeling in accordance with Sec. 101.9.
(b) The declaration of nutrition information on the label and in
labeling shall contain the following information, using the headings and
format specified, under the heading of ``Nutrition Facts''. The
nutrition information shall be enclosed in a box by use of lines, shall
be all black or one color type, and shall be printed on a white or other
neutral contrasting background whenever practical.
(1) The subheading ``Serving Size'' shall be placed under the
heading and aligned on the left side of the nutrition label. The serving
size shall be determined in accordance with Sec. 101.9(b) and
Sec. 101.12(b), Table 2. Serving size shall be expressed using a term
that is appropriate for the form of the supplement, such as ``tablets,''
``capsules,'' ``packets,'' or ``teaspoonfuls.''
(2) The subheading ``Servings Per Container'' shall be placed under
the subheading ``Serving Size'' and aligned on the left side of the
nutrition label, except that this information need not be provided when
it is stated in the net quantity of contents declaration.
(3) A listing of all nutrients required in Sec. 101.9(c) that are
present in the dietary supplement in quantitative amounts by weight that
exceed the amount that can be declared as zero in Sec. 101.9(c). Those
nutrients that are not present, or present in amounts that would be
declared as zero, shall not be declared. In addition, potassium shall be
declared except when present in quantitative amounts by weight that
allow a declaration of zero. The name of each nutrient listed shall be
immediately followed by the quantitative amount by weight of the
nutrient. Nutrient names and quantitative amounts shall be presented in
a column under the heading ``Amount Per Serving'' and aligned on the
left side of the nutrition label. The heading ``Amount Per Serving''
shall be separated from other information on the label by a bar above
and beneath it, except that when calories are listed, the bar shall be
placed beneath the calorie declaration. When the serving size of the
product is one unit (e.g., 1 tablet), a heading consistent with the
declaration of serving size, such as ``Amount per Tablet'' or ``Each
Tablet Contains,'' may be used in place of the heading ``Amount per
Serving.'' Other appropriate terms, such as capsule, packet, or
teaspoonful,
[[Page 77]]
may be used in place of the term ``Serving.''
(i) These amounts shall be expressed in the increments specified in
Sec. 101.9(c), except that the amounts of vitamins and minerals,
excluding sodium and potassium, declared on the nutrition label shall be
the actual amount of the vitamin or mineral included in the dietary
supplement, using the units of measure and the levels of significance
given in Sec. 101.9(c). In declaring the amounts of vitamins and
minerals, zeros following decimal points may be dropped, and additional
levels of significance may be used when the number of decimal places
indicated is not sufficient to express lower amounts (e.g., the RDI for
copper is given in whole milligrams, but the quantitative amount may be
declared in tenths of a milligram). Amounts for chloride and manganese
shall be expressed in mg, and, amounts for chromium, molybdenum,
selenium, and vitamin K shall be expressed in micrograms. These values
shall be expressed in whole numbers.
(ii) Nutrients that are present shall be listed in the order
specified in Sec. 101.9(c); except that, when present, vitamin K shall
follow vitamin E; calcium and iron shall follow pantothenic acid;
selenium shall follow zinc; and manganese, chromium, molybdenum,
chloride, sodium, and potassium shall follow copper. This results in the
following order for vitamins and minerals: Vitamin A, vitamin C, vitamin
D, vitamin E, vitamin K, thiamin, riboflavin, niacin, vitamin
B<INF>6,</INF> folate, vitamin B<INF>12,</INF> biotin, pantothenic acid,
calcium, iron, phosphorus, iodine, magnesium, zinc, selenium, copper,
manganese, chromium, molybdenum, chloride, sodium, and potassium. A bar
shall separate the last nutrient to be listed from the bottom of the
nutrition label, as shown in the sample labels in paragraph (c)(9) of
this section.
(iii) If the product contains two or more separately packaged
dietary supplements of vitamins and minerals (e.g., the product has a
packet of supplements to be taken in the morning and a different packet
to be taken in the afternoon), the quantitative amounts may be presented
as specified in this paragraph in individual nutrition labels or in one
aggregate nutrition label with separate columns declaring the
quantitative amounts for each package as illustrated in paragraph
(c)(9)(iii) of this section.
(iv) The percent of vitamin A that is present as beta-carotene may
be declared, to the nearest whole percent, immediately adjacent to or
beneath the nutrient name (e.g., ``Vitamin A 5000 IU (90 percent as
beta-carotene)''), except that the declaration is required when a claim
is made about beta-carotene. The amount of beta-carotene in terms of
international units (IU) may be included in parentheses following the
percent statement (e.g., ``Vitamin A 5000 IU (90 percent (4500 IU) as
beta-carotene)'').
(v) The following synonyms may be added in parenthesis immediately
following the name of these nutrients: Vitamin C (ascorbic acid),
thiamin (vitamin B1), riboflavin (vitamin B2), folate--either folic acid
or folacin may be used, and calories (energy). Energy content per
serving may be expressed in kilojoules units, added in parentheses
immediately following the statement of caloric content.
(vi) All nutrients shall be displayed with uniform type size, style,
color, and prominence.
(4) A listing of the percent of the Daily Value (i.e., the percent
of the RDI as established in Sec. 101.9(c)(8)(iv) or DRV as established
in Sec. 101.9(c)(9)), where appropriate, of all nutrients listed in the
nutrition label, except that the percent for protein may be omitted as
provided in Sec. 101.9(c)(7), no percent shall be given for sugars, and
for labels of dietary supplements of vitamins and minerals that are
represented or purported to be for use by infants, children less than 4
years of age, or pregnant or lactating women, no percent shall be given
for vitamin K, selenium, manganese, chromium, molybdenum, or chloride.
This information shall be presented in one column aligned under the
heading of ``% Daily Value'' and to the right of the column of nutrient
names and amounts. The headings ``% Daily Value (DV),'' ``% DV,''
``Percent Daily Value,'' or ``Percent DV'' may be substituted for ``%
Daily Value.'' The heading ``% Daily Value'' shall be placed on the same
line as the heading
[[Page 78]]
``Amount per Serving'' or placed beneath this heading and the bar
underneath it, except that ``% Daily Value'' shall be placed beneath
this bar when calorie information is required to be declared. Calorie
information shall be placed beneath ``Amount Per Serving'' and above the
bar.
(i) The percent of Daily Value shall be calculated by dividing
either the amount declared on the label for each nutrient or the actual
amount of each nutrient (i.e., before rounding) by the RDI or DRV for
the specified nutrient and multiplying by 100, except that the percent
for protein shall be calculated as specified in Sec. 101.9(c)(7)(ii).
The numerical value shall be followed by the symbol for percent (i.e.,
%).
(ii) The percentages based on RDI's and on DRV's shall be expressed
to the nearest whole percent, except that ``Less than 1%'' may be used
in place of ``0%'' when the declaration of the quantitative amount by
weight is a value greater than zero.
(iii) The percent of Daily Value for vitamins and minerals shall be
based on RDI values for adults and children 4 or more years of age
unless the product is represented or purported to be for use by infants,
children less than 4 years of age, pregnant women, or lactating women,
in which case the column heading shall clearly state the intended group.
If the product is for persons within more than one group, the percent of
daily value for each group shall be presented in separate columns as
shown in paragraph (c)(9)(ii) of this section.
(iv) If the product contains two or more separately packaged dietary
supplements of vitamins and minerals (e.g., the product has a packet of
supplements to be taken in the morning and a different packet to be
taken in the afternoon), the percent of Daily Value may be presented as
specified in paragraph (b)(4) of this section in individual nutrition
labels or in one aggregate nutrition label with separate columns
declaring the percent of Daily Value for each package as illustrated in
paragraph (c)(9)(iii) of this section.
(v) If the percent of Daily Value is declared for total fat,
saturated fat, total carbohydrate, dietary fiber, or protein, the value
shall be followed by an asterisk that refers to another asterisk at the
bottom of the nutrition label that states ``Percent Daily Values are
based on a 2,000 calorie diet.''
(vi) When no percent is given for sugars, or for labels of dietary
supplements of vitamins and minerals that are represented or purported
to be for use by infants, children less than 4 years of age, or pregnant
or lactating women, when no percent is given for vitamin K, selenium,
manganese, chromium, molybdenum, or chloride, an asterisk shall be
placed in the ``Percent Daily Value'' column that shall refer to another
asterisk that is placed at the bottom of the nutrition label and
followed by the statement ``Daily Value not established.''
(c) Nutrition information specified in this section shall be
presented as follows:
(1) The title of ``Nutrition Facts'' shall be set in a type size
larger than all other print size in the nutrition label and, unless
impractical, shall be set full width of the nutrition label. The title
and all headings shall be highlighted (reverse printing is not permitted
as a form of highlighting) to distinguish them from other information.
(2) All information within the nutrition label shall utilize a
single easy-to-read type style.
(3) All information within the nutrition label shall utilize upper
and lower case letters, except that all uppercase lettering may be
utilized for packages that have a total surface area available to bear
labeling of less than 12 square inches.
(4) All information within the nutrition label shall have at least
one point leading (i.e., space between two lines of text).
(5) Letters should never touch.
(6) All information within the nutrition label on packages that have
a total surface area available to bear labeling of less than 12 square
inches shall have type size no smaller than 4.5 point; packages that
have from 12 to 40 square inches of surface area available to bear
labeling shall have type size no smaller than 6 point; and packages with
more than 40 square inches of surface area available to bear labeling
shall have type size no smaller than 8
[[Page 79]]
point, except that on packages with more than 40 square inches of
available surface area, type size no smaller than 6 point may be used
for the listing of information on beta-carotene, as specified in
paragraph (b)(3)(iv) of this section, for the headings required by
paragraphs (b)(3) and (b)(4) of this section (i.e., ``Amount Per
Serving'' and ``% Daily Value''), and for the footnote required by
paragraph (b)(4)(v) of this section.
(7) A hairline rule that is centered between the lines of text shall
separate each nutrient and its corresponding percent Daily Value
required in paragraph (b)(4) of this section from the nutrient and
percent Daily Value above and beneath it, as shown in paragraph (c)(9)
of this section, and shall separate ``Amount Per Serving'' from the
calorie statement, when the listing of calories is required.
(8) In the interest of uniformity of presentation, FDA urges that
the information be presented using the graphic specifications set forth
in appendix B to part 101, as applicable.
(9) The following sample labels are presented for the purpose of
illustration:
(i) Multiple vitamin.
[GRAPHIC] [TIFF OMITTED] TR01JA93.358
[[Page 80]]
(ii) Multiple vitamin for children and adults.
[GRAPHIC] [TIFF OMITTED] TR01JA93.359
[[Page 81]]
(iii) Multiple vitamins in packets.
[GRAPHIC] [TIFF OMITTED] TR01JA93.360
(10) If space is not adequate to list the required information as
shown in the sample labels in paragraph (c)(9) of this section, the list
may be split and continued to the right, as long as the headings are
repeated. The list to the right shall be set off by a line that
distinguishes it and sets it apart from the nutrients and percent of
Daily Value information given to the left. The following sample label
illustrates this display:
[[Page 82]]
[GRAPHIC] [TIFF OMITTED] TR01JA93.361
(d)(1) Compliance with this section shall be determined in
accordance with Sec. 101.9(g)(1) through (g)(8).
(2) When it is not technologically feasible, or some other
circumstance makes it impracticable, for firms to comply with the
requirements of this section, FDA may permit alternative means of
compliance or additional exemptions to deal with the situation in
accordance with Sec. 101.9(g)(9). Firms in need of such special
allowances shall make their request in writing to the Office of Food
Labeling (HFS-150), Food and Drug Administration, 200 C St. SW.,
Washington, DC 20204.
(e) Except as provided in paragraph (g) of this section, the
location of nutrition information on a label shall be in compliance with
Sec. 101.2.
(f) Dietary supplements are subject to the exemptions specified as
follows in:
(1) Section 101.9(j)(1) for dietary supplements that are offered for
sale by a person who makes direct sales to consumers (i.e., a retailer)
who has annual gross sales or business done in sales to consumers that
is not more than $500,000 or has annual gross sales made or business
done in sales of food to consumers of not more than $50,000, and whose
labels, labeling, and advertising do not provide nutrition information
or make a nutrient content or health claim; or
(2) Section 101.9(j)(18) for dietary supplements that are low-volume
products (that is, they meet the requirements for units sold in
Sec. 101.9(j)(18)(i) or (j)(18)(ii)); that, except as provided in
Sec. 101.9(j)(18)(iv), are the subject of a claim for an exemption that
provides the information required under Sec. 101.9(j)(18)(iv); that is
filed before the beginning of the time period for which the exemption is
claimed; and that is filed by a person that qualifies to claim the
exemption under the requirements for average full-time equivalent
employees in Sec. 101.9(j)(18)(i) or (j)(18)(ii); and whose labels,
labeling, or advertising do not provide nutrition information or make a
nutrient content or health claim.
[[Page 83]]
(g) Dietary supplements of vitamins and minerals shall be subject to
the special labeling conditions specified in Sec. 101.9(j)(5)(i) and
(j)(5)(ii) for food, other than infant formula, represented or purported
to be specifically for infants and children less than 2 years of age and
4 years of age, respectively; in Sec. 101.9(j)(9) for food products
shipped in bulk form that are not for distribution to consumers; in
Sec. 101.9(j)(13) for foods in small or intermediate-sized packages; in
Sec. 101.9(j)(15) for foods in multiunit food containers; and, in
Sec. 101.9(j)(16) for foods sold in bulk containers.
(h) Dietary supplements of vitamins and minerals shall be subject to
the misbranding provisions of Sec. 101.9(k).
[59 FR 373, Jan. 4, 1994; 59 FR 24039, May 10, 1994, as amended at 60 FR
67175, Dec. 28, 1995; 61 FR 8779, Mar. 5, 1996; 61 FR 10280, Mar. 13,
1996; 61 FR 40979, Aug. 7, 1996]
Sec. 101.42 Nutrition labeling of raw fruit, vegetables, and fish.
(a) The Food and Drug Administration (FDA) urges food retailers to
provide nutrition information, as provided in Sec. 101.9(c), for raw
fruit, vegetables, and fish at the point-of-purchase. If retailers
choose to provide such information, they should do so in a manner that
conforms to the guidelines in Sec. 101.45.
(b) In Sec. 101.44, FDA has listed the 20 varieties of raw fruit,
vegetables, and fish that are most frequently consumed during a year and
to which the guidelines apply.
(c) FDA has also defined in Sec. 101.43, the circumstances that
constitute substantial compliance by food retailers with the guidelines.
(d) By May 8, 1993, FDA will issue a report on actions taken by food
retailers to provide consumers with nutrition information for raw fruit,
vegetables, and fish under the guidelines established in Sec. 101.45.
(1) The report will include a determination of whether there is
substantial compliance, as defined in Sec. 101.43, with the guidelines.
(2) In evaluating substantial compliance, FDA will consider only the
20 varieties of raw fruit, vegetables, and fish most frequently consumed
as identified in Sec. 101.44.
(e) If FDA finds that there is substantial compliance with the
guidelines for the nutrition labeling of raw fruit and vegetables or of
fish, the agency will so state in the report, and the guidelines will
remain in effect. FDA will reevaluate the market place for substantial
compliance every 2 years.
(f) If FDA determines that there is not substantial compliance with
the guidelines for raw fruit and vegetables or for raw fish, the agency
will at that time issue proposed regulations requiring that any person
who offers raw fruit and vegetables or fish to consumers provide, in a
manner prescribed by regulations, the nutrition information required by
Sec. 101.9. Final regulations would have to be issued 6 months after
issuance of proposed regulations, and they would become effective 6
months after the date of their promulgation.
Sec. 101.43 Substantial compliance of food retailers with the
guidelines for the voluntary nutrition labeling of raw fruit,
vegetables, and fish.
(a) The Food and Drug Administration (FDA) will judge a food
retailer who sells raw agricultural commodities or raw fish to be in
compliance with the guidelines in Sec. 101.45 with respect to raw
agricultural commodities if the retailer displays or provides nutrition
labeling for at least 90 percent of the raw agricultural commodities
listed in Sec. 101.44 that it sells, and with respect to raw fish if the
retailer displays or provides nutrition labeling for at least 90 percent
of the types of raw fish listed in Sec. 101.44 that it sells. To be in
compliance, the nutrition labeling shall:
(1) Be presented in the store or other type of establishment in a
manner that is consistent with Sec. 101.45(a)(1);
(2) Be presented in content and format that are consistent with
Sec. 101.45 (a)(2), (a)(3), and (a)(4); and
(3) Include data that have been provided by FDA in appendices C and
D to part 101 of this chapter, except that the information on potassium
is voluntary.
(b) To determine whether there is substantial compliance by food
retailers with the guidelines in Sec. 101.45 for the voluntary nutrition
labeling of raw fruit and vegetables and of raw fish, FDA will select a
representative sample of 2,000 stores, allocated by store
[[Page 84]]
type and size, for raw fruit and vegetables and for raw fish.
(c) FDA will find that there is substantial compliance with the
guidelines in Sec. 101.45 if it finds based on paragraph (a) of this
section that at least 60 percent of all stores that are evaluated are in
compliance.
(d) FDA will evaluate substantial compliance separately for raw
agricultural commodities and for raw fish.
[55 FR 60890, Nov. 27, 1991, as amended at 61 FR 42759, Aug. 16, 1996]
Effective Date Note: At 61 FR 42759, Aug. 16, 1996, Sec. 101.43 was
amended by revising paragraphs (a) (1) through (3), effective Aug. 18,
1997. For the convenience of the user, the superseded text is set forth
as follows:
substantial compliance of food retailers with the guidelines for the
voluntary nutrition labeling of raw fruits, vegetables, and fish.
(a) * * *
(1) Be presented in the store or other type of
establishment in a manner that is consistent with
Sec. 101.45(a);
(2) Be presented in content and format that are consistent
with Sec. 101.45(b); and
(3) Include data that have been provided by FDA (see
Sec. 101.45(i)), that have been accepted by FDA (see
Sec. 101.45 (c), (f), and (g)), or that are consistent with
Sec. 101.45 (d) and (e) and have not been found to be out of
compliance after a review under Sec. 101.9(e) (see
Sec. 101.45(h)).
* * * * *
Sec. 101.44 Identification of the 20 most frequently consumed raw
fruit, vegetables, and fish in the United States.
(a) The 20 most frequently consumed raw fruit are: Banana, apple,
watermelon, orange, cantaloupe, grape, grapefruit, strawberry, peach,
pear, nectarine, honeydew melon, plum, avocado, lemon, pineapple,
tangerine, sweet cherry, kiwifruit, and lime.
(b) The 20 most frequently consumed raw vegetables are: Potato,
iceberg lettuce, tomato, onion, carrot, celery, sweet corn, broccoli,
green cabbage, cucumber, bell pepper, cauliflower, leaf lettuce, sweet
potato, mushroom, green onion, green (snap) bean, radish, summer squash,
and asparagus.
(c) The 20 most frequently consumed raw fish are: Shrimp, cod,
pollock, catfish, scallops, salmon (Atlantic/Coho, chum/pink, sockeye),
flounder/sole, oysters, orange roughy, Atlantic/Pacific mackerel, ocean
perch, rockfish, whiting, clam, haddock, blue crab, rainbow trout,
halibut, lobster, and swordfish.
[55 FR 60890, Nov. 27, 1991, as amended at 61 FR 42760, Aug. 16, 1996]
Effective Date Note: At 61 FR 42760, Aug. 16, 1996, Sec. 101.44 was
amended by revising paragraph (c), effective Aug. 18, 1997. For the
convenience of the user, the superseded text is set forth as follows:
identification of the 20 most frequently consumed raw fruits,
vegetables, and fish in the united states.
* * * * *
(c) The 20 most frequently consumed raw fish are: Shrimp,
cod, pollack, catfish, scallop, Atlantic/coho salmon, flounder,
sole, oyster, orange roughy, Atlantic/Pacific and jack
mackerel, ocean perch, rockfish, whiting, clam, haddock, blue
crab, rainbow trout, halibut, and lobster.
Sec. 101.45 Guidelines for the voluntary nutrition labeling of raw
fruits, vegetables, and fish.
(a) Nutrition labeling for raw fruits, vegetables, and fish listed
in Sec. 101.44 should be presented to the public in the following
manner:
(1) Nutrition labeling information should be displayed at the point
of purchase by an appropriate means such as by a label affixed to the
food or through labeling including shelf labels, signs, posters,
brochures, notebooks, or leaflets that are readily available and in
close proximity to the foods. The nutrition labeling information may
also be supplemented by a video, live demonstration, or other media.
(2) Serving sizes should be determined, and nutrients declared, in
accordance with Sec. 101.9 (b) and (c), respectively, except that the
nutrition labeling data should be based on the raw edible portion for
fruits and vegetables and on the cooked edible portion for fish. The
methods used to cook fish should be those that do not add fat, breading,
or seasoning (e.g., salt or spices).
(3) When nutrition labeling information is provided for more than
one raw fruit, vegetable, or fish on signs, posters, brochures,
notebooks, or leaflets,
[[Page 85]]
it may be presented in charts with horizontal or vertical columns or as
a compilation of individual nutrition labels. Nutrition labeling that is
presented in a linear display (see Sec. 101.9(j)(13)(ii)(A)(2)) will not
be considered to be in compliance. The heading ``Nutrition Facts'' must
be in a type size larger than all other print in the nutrition label.
The required information (i.e., headings, serving sizes, list of
nutrients, quantitative amounts by weight (except for vitamins and
minerals), and percent of Daily Values (DV's) (except for sugars and
protein) must be clearly presented and of sufficient type size and color
contrast to be plainly legible, with numeric values for percent of DV
highlighted in contrast to the quantitative amounts by weight and
hairlines between all nutrients.
(i) Declaration of the number of servings per container need not be
included in the nutrition labeling of raw fruits, vegetables, and fish.
(ii) Except for the statement ``Percent Daily Values are based on a
2,000 calorie diet,'' the footnote required in Sec. 101.9(d)(9) is not
required. However, when labeling is provided in brochures, notebooks,
leaflets, or similar types of materials, retailers are encouraged to
include the footnote.
(iii) When the nutrition labeling information for more than one raw
fruit or vegetable is provided on signs, posters, brochures, notebooks,
or leaflets, the listings for saturated fat and cholesterol may be
omitted from the charts or individual nutrition labels so long as the
fact that most fruits and vegetables provide negligible amounts of these
nutrients, but that avocados contain 1 gram (g) of fat per ounce, is
stated in a footnote (e.g., ``Most fruits and vegetables provide
negligible amounts of saturated fat and cholesterol; avocados provide 1
g of saturated fat per ounce''). The footnote may also contain
information about the polyunsaturated and monounsaturated fat content of
avocados. When the nutrition labeling information for raw fish is
provided on a chart, the listings for dietary fiber and sugars may be
omitted if the following footnote is used, ``Fish provide negligible
amounts of dietary fiber and sugars.''
(4) When nutrition labeling is provided for individual raw fruits,
vegetables, or fish on packages or on signs, posters, brochures,
notebooks, or leaflets, it should be displayed in accordance with
Sec. 101.9, except that the declaration of the number of servings per
container need not be included. For individual labels provided by
retailers on signs and posters, the footnote required in
Sec. 101.9(d)(9) may be shortened to ``Percent Daily Values are based on
a 2,000 calorie diet.''
(b) Nutrition label values provided by the Food and Drug
Administration (FDA) in Appendices C and D to part 101 for the 20 most
frequently consumed raw fruits, vegetables, and fish listed in
Sec. 101.44 shall be used to ensure uniformity in declared values. FDA
will publish proposed updates of the 20 most frequently consumed raw
fruits, vegetables, and fish and nutrition label data for these foods
(or a notice that the data sets have not changed from the previous
publication) at least every 4 years in the Federal Register.
(1) The agency encourages the submission of data bases with new or
additional nutrient data for any of the most frequently consumed raw
fruits, vegetables, and fish to the Office of Food Labeling (HFS-150),
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 200 C St. SW., Washington, DC 20204, for review and
evaluation. FDA may incorporate these data in the next revision of the
nutrition labeling information for the top 20 raw fruits, vegetables,
and fish.
(i) Guidance in the development of data bases may be found in the
``FDA Nutrition Labeling Manual: A Guide for Developing and Using Data
Bases,'' available from the FDA Office of Food Labeling.
(ii) The submission to FDA should include, but need not be limited
to, information on the following: Source of the data (names of
investigators, name of organization, place of analyses, dates of
analyses), number of samples, sampling design, analytical methods, and
statistical treatment of the data. Proposed quantitative label
declarations may be included. The proposed values for declaration should
be determined in
[[Page 86]]
accordance with the ``FDA Nutrition Labeling Manual: A Guide for
Developing and Using Data Bases.''
(2) [Reserved]
(c) Data bases of nutrient values for raw fruits, vegetables, and
fish that are not among the 20 most frequently consumed may be used to
develop nutrition labeling values for these foods. This includes data
bases of nutrient values for specific varieties, species, or cultivars
of raw fruits, vegetables, and fish not specifically identified among
the 20 most frequently consumed.
(1) The food names and descriptions for the fruits, vegetables, and
fish should clearly identify these foods as distinct from foods among
the most frequently consumed list for which FDA has provided data.
(2) Guidance in the development of data bases may be found in the
``FDA Nutrition Labeling Manual: A Guide for Developing and Using Data
Bases.''
(3) Nutrition labeling values computed from data bases are subject
to the compliance provisions of Sec. 101.9(g).
(i) Compliance with the provisions of Sec. 101.9(g) may be achieved
by use of a data base that has been developed following FDA guideline
procedures and approved by FDA.
(A) The submission to FDA for approval should include but need not
be limited to information on the following: Source of the data (names of
investigators, name of organization, place of analyses, dates of
analyses), number of samples, sampling design, analytical methods,
statistical treatment of the data, and proposed quantitative label
declarations. The values for declaration should be determined in
accordance with the ``FDA Nutrition Labeling Manual: A Guide for
Developing and Using Databases.''
(B) FDA approval of a data base and nutrition labeling values shall
not be considered granted until the Center for Food Safety and Applied
Nutrition has agreed to all aspects of the data base in writing.
Approvals will be in effect for a limited time, e.g., 10 years, and will
be eligible for renewal in the absence of significant changes in
agricultural or industry practices (e.g., a change occurs in a
predominant variety produced). FDA will take steps to revoke its
approval of the data base and nutrition labeling values if FDA
monitoring suggests that the data base or nutrition labeling values are
no longer representative of the item sold in this country. Approval
requests shall be submitted in accordance with the provision of
Sec. 101.30 of this chapter.
(ii) [Reserved]
[61 FR 42760, Aug. 16, 1996]
Effective Date Note: At 61 FR 42760, Aug. 16, 1996, Sec. 101.45 was
revised, effective Aug. 18, 1997. For the convenience of the user, the
superseded text is set forth as follows:
guidelines for the voluntary nutrition labeling of raw fruit,
vegetables, and fish.
Nutrition labeling for raw fruit, vegetables, and fish
listed in Sec. 101.44 should be presented to the public in the
following manner:
(a) Nutrition labeling information should be displayed at
the point of purchase by an appropriate means, including by
affixing it to the food, by posting a sign, or by making the
information readily available in brochure, notebook, or leaflet
form in close proximity to the foods. The nutrition labeling
information may also be supplemented by a video, live
demonstration, or other media.
(b) Nutrition information should be provided on the label
or in labeling in accordance with Sec. 101.9, as modified by
the following guidelines:
(1) The percent U.S. RDA for protein, thiamin, riboflavin,
and niacin may be declared in the nutrition labeling.
Declaration of complex carbohydrates, sugars, dietary fiber,
saturated fat, and cholesterol is also voluntary.
(2) Nutrition labeling information may be presented on
individual labels or in charts in vertical columns or in lines.
When lines are used, any subcomponents declared should be
listed parenthetically after principal components (e.g.,
saturated fat should be parenthetically listed after fat).
(3) Declaration of the number of servings per container
need not be included in nutrition labeling of raw fruit,
vegetables, and fish.
(4) The nutrition label data should be based on raw edible
portion for fruit and vegetables and on a cooked edible portion
for fish. The methods used to cook fish should be those that do
not add fat, breading, or seasoning (e.g., salt or spices).
(c) Nutrient data and proposed nutrient values for
nutrition labeling for raw fruit, vegetables, and fish may be
submitted to the Center for Food Safety and Applied Nutrition
(HFS-150), Food and Drug Administration, 200 C St. SW.,
Washington, DC 20204, for
[[Page 87]]
review and evaluation. The data and nutrient values for
nutrition labeling are appropriate for use if they are accepted
by the Food and Drug Administration (FDA). The submission to
FDA should include information on the source of the data (names
of investigators, name of organization, place of analysis,
dates of analyses), number of samples, sampling scheme,
analytical methods, statistical treatment of the data, and
proposed quantitative label declarations. The nutrient values
for the nutrition labeling should be determined in accordance
with FDA guidance.
(d) Composite data that reflect representative nutrient
levels for various varieties, species, cultivars; seasons; and
geographic regions may be used to label raw fruit, vegetables,
and fish. Alternatively, data that reflect a specific variety,
species, cultivar; season; or geographic region may be used to
label raw fruit, vegetables, and fish; the nutrition labeling
information for such variety, etc., should provide food names
and descriptions for the fruit, vegetables, and fish that
appropriately reflect the samples analyzed for nutrient values.
(e) The FDA manual ``Compliance Procedures for Nutrition
Labeling'' (or subsequent revisions of this manual) should be
used to develop nutrition label values from data base values.
The manual is available from the Division of Nutrition.
(f) If the agency's Center for Food Safety and Applied
Nutrition agrees to all aspects of a submitted data base, FDA
will notify a submitter in writing of its acceptance of the
nutrient data and nutrient values for nutrition labeling. FDA's
acceptance will be for a period of 10 years or until other data
for the same food are submitted to FDA and found to be
superior. Those obtaining data base and nutrient value
acceptance from FDA are responsible for continued maintenance
of the data base. FDA will renew its acceptance of a data base
upon request after 10 years unless the data have been
superseded by other data on the same food or there have been
demonstrated changes in agricultural or industry practices.
When agricultural or industry practices change (e.g., a change
occurs in a predominant variety produced), or when FDA
monitoring suggests that the data base or nutrient values are
no longer representative of the item sold in this country, FDA
will take steps to revoke its acceptance of the data base and
nutrient values. A revised data base and proposed nutrient
values may be submitted to FDA for acceptance.
(g) If the nutrition information is in accordance with an
FDA-accepted data base, the nutrient values have been computed
following FDA guidelines, and the food has been handled in
accordance with current good manufacturing practices to prevent
nutrient loss, a nutrition label will not be subject to the
agency compliance review under Sec. 101.9(e).
(h) Organizations may use data bases that they believe
validly reflect the nutrient content of raw fruit, vegetables,
and fish; however, labeling computed from data bases not
reviewed, evaluated, and accepted by the agency is subject to
the compliance procedures of Sec. 101.9(e).
(i) FDA will publish, and provide an opportunity for
comment on, updates of the nutrition labeling data for the 20
most frequently consumed raw fruit, vegetables, and fish (or a
notice that the data sets have not changed from the previous
publication) at least every 2 years in the Federal Register.
FDA accepted data for other raw fruit, vegetables, and fish, or
for other nutrients, are available from the Center for Food
Safety and Applied Nutrition (HFS-150), 200 C St. SW.,
Washington, DC 20204.
[55 FR 60890, Nov. 27, 1991, as amended at 61 FR 14479, Apr. 2,
1996]
Subpart D--Specific Requirements for Nutrient Content Claims
Source: 58 FR 2413, Jan. 6, 1993, unless otherwise noted.
Sec. 101.54 Nutrient content claims for ``good source,'' ``high,'' and
``more.''
(a) General requirements. Except as provided in paragraph (e) of
this section, a claim about the level of a nutrient in a food in
relation to the Reference Daily Intake (RDI) established for that
nutrient in Sec. 101.9(c)(8)(iv) or Daily Reference Value (DRV)
established for that nutrient in Sec. 101.9(c)(9), (excluding total
carbohydrates) may only be made on the label or in labeling of the food
if:
(1) The claim uses one of the terms defined in this section in
accordance with the definition for that term;
(2) The claim is made in accordance with the general requirements
for nutrient content claims in Sec. 101.13; and
(3) The food for which the claim is made is labeled in accordance
with Sec. 101.9, Sec. 101.10, or Sec. 101.36, as applicable.
(b) ``High'' claims. (1) The terms high, rich in, or excellent
source of may be used on the label or in the labeling of foods except
meal products as defined in Sec. 101.13(l), main dish products as
defined in Sec. 101.13(m), and dietary supplements of vitamins or
minerals to characterize the level of any substance that is not a
vitamin or mineral, provided
[[Page 88]]
that the food contains 20 percent or more of the RDI or the DRV per
reference amount customarily consumed.
(2) The terms defined in paragraph (b)(1) of this section may be
used on the label and in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The product contains a food that meets the definition of
``high'' in paragraph (b)(1) of this section; and
(ii) The label or labeling clearly identifies the food that is the
subject of the claim (e.g., the serving of broccoli in this product is
high in vitamin C).
(c) ``Good Source'' claims. (1) The terms good source, contains, or
provides may be used on the label or in labeling of foods except meal
products as described in Sec. 101.13(l) main dish products as described
in Sec. 101.13(m), and dietary supplements of vitamins or minerals to
characterize the level of any substance that is not a vitamin or
mineral, provided that the food contains 10 to 19 percent of the RDI or
the DRV per reference amount customarily consumed.
(2) The terms defined in paragraph (c)(1) of this section may be
used on the label and in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in 101.13(m), provided
that:
(i) The product contains a food that meets the definition of ``good
source'' in paragraph (c)(1) of this section; and
(ii) The label or labeling clearly identifies the food that is the
subject of the claim (e.g., the serving of sweet potatoes in this
product is a ``good source'' of fiber).
(d) ``Fiber'' claims. (1) If a nutrient content claim is made with
respect to the level of dietary fiber, that is, that the product is high
in fiber, a good source of fiber, or that the food contains ``more''
fiber, and the food is not ``low'' in total fat as defined in
Sec. 101.62(b)(2) or, in the case of a meal product, as defined in
Sec. 101.13(l), or main dish product, as defined in Sec. 101.13(m), is
not ``low'' in total fat as defined in Sec. 101.62(b)(3), then the label
shall disclose the level of total fat per labeled serving.
(2) The disclosure shall appear in immediate proximity to such
claim, be in a type size no less than one-half the size of the claim and
precede the referral statement required in Sec. 101.13(g) (e.g.,
``contains [x amount] of total fat per serving. See [appropriate panel]
for nutrition information'').
(e) ``More'' claims. (1) A relative claim using the terms more,
fortified, enriched, added, and extra may be used on the label or in
labeling of foods to describe the level of protein, vitamins, minerals,
dietary fiber, or potassium except as limited by Sec. 101.13(j)(1)(i)
and except meal products as defined in Sec. 101.13(l), main dish
products as defined in Sec. 101.13(m), and dietary supplements of
vitamins or minerals to characterize the level of any substance that is
not a vitamin or mineral, provided that:
(i) The food contains at least 10 percent more of the RDI for
vitamins or minerals or of the DRV for protein, dietary fiber, or
potassium (expressed as a percent of the Daily Value) per reference
amount customarily consumed than an appropriate reference food; and
(ii) Where the claim is based on a nutrient that has been added to
the food, that fortification is in accordance with the policy on
fortification of foods in Sec. 104.20 of this chapter; and
(iii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percentage (or
fraction) that the nutrient is greater relative to the RDI or DRV are
declared in immediate proximity to the most prominent such claim (e.g.,
``contains 10 percent more of the Daily Value for fiber than white
bread''); and
(B) Quantitative information comparing the level of the nutrient in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Fiber content of white bread is 1 gram (g) per
serving; (this product) 3.5 g per serving'') is declared adjacent to the
most prominent claim or to the nutrition label, except that if the
nutrition label is on the information panel, the quantitative
information may be located elsewhere on the information panel in
accordance with Sec. 101.2.
(2) A relative claim using the terms ``more,'' ``fortified,''
``enriched,'' ``added,'' and ``extra'' may be used on the label or in
labeling to describe the
[[Page 89]]
level of protein, vitamins, minerals, dietary fiber or potassium, except
as limited in Sec. 101.13(j)(1)(i), in meal products as defined in
Sec. 101.13(l) or main dish products as defined in Sec. 101.13(m),
provided that:
(i) The food contains at least 10 percent more of the RDI for
vitamins or minerals or of the DRV for protein, dietary fiber, or
potassium (expressed as a percent of the Daily Value) per 100 g of food
than an appropriate reference food.
(ii) Where the claim is based on a nutrient that has been added to
the food, that fortification is in accordance with the policy on
fortification of foods in Sec. 104.20 of this chapter; and
(iii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percentage (or
fraction) that the nutrient was increased relative to the RDI or DRV are
declared in immediate proximity to the most prominent such claim (e.g.,
``contains 10 percent more of the Daily Value for fiber per 3 oz than
does `X brand of product'''), and
(B) Quantitative information comparing the level of the nutrient in
the product per specified weight with that of the reference food that it
replaces (e.g., ``The fiber content of `X brand of product' is 2 g per 3
oz. This product contains 4.5 g per 3 oz.'') is declared adjacent to the
most prominent claim or to the nutrition label, except that if the
nutrition label is on the information panel, the quantitative
information may be located elsewhere on the information panel in
accordance with Sec. 101.2.
[58 FR 2413, Jan. 6, 1993; 58 FR 17342, Apr. 2, 1993, as amended at 59
FR 394, Jan. 4, 1994; 59 FR 15051, Mar. 31, 1994; 60 FR 17206, Apr. 5,
1995; 61 FR 11731, Mar. 22, 1996]
Sec. 101.56 Nutrient content claims for ``light'' or ``lite.''
(a) General requirements. A claim using the term light or lite to
describe a food may only be made on the label or in labeling of the food
if:
(1) The claim uses one of the terms defined in this section in
accordance with the definition for that term;
(2) The claim is made in accordance with the general requirements
for nutrient content claims in Sec. 101.13; and
(3) The food is labeled in accordance with Sec. 101.9 or
Sec. 101.10, where applicable.
(b) ``Light'' claims. The terms ``light'' or ``lite'' may be used on
the label or in the labeling of foods, except meal products as defined
in Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
without further qualification, provided that:
(1) If the food derives 50 percent or more of its calories from fat,
its fat content is reduced by 50 percent or more per reference amount
customarily consumed compared to an appropriate reference food as
specified in Sec. 101.13(j)(1); or
(2) If the food derives less than 50 percent of its calories from
fat:
(i) The number of calories is reduced by at least one-third (33 1/3
percent) per reference amount customarily consumed compared to an
appropriate reference food; or
(ii) Its fat content is reduced by 50 percent or more per reference
amount customarily consumed compared to the reference food that it
resembles or for which it substitutes as specified in Sec. 101.13(j)(1);
and
(3) As required in Sec. 101.13(j)(2) for relative claims:
(i) The identity of the reference food and the percent (or fraction)
that the calories and the fat were reduced are declared in immediate
proximity to the most prominent such claim, (e.g., ``1/3 fewer calories
and 50 percent less fat than our regular cheese cake'');
(ii) Quantitative information comparing the level of calories and
fat content in the product per labeled serving size with that of the
reference food that it replaces (e.g., ``lite cheesecake--200 calories,
4 grams (g) fat per serving; regular cheesecake--300 calories, 8 g fat
per serving'') is declared adjacent to the most prominent claim or to
the nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2; and
(iii) If the labeled food contains less than 40 calories or less
than 3 g fat per reference amount customarily
[[Page 90]]
consumed, the percentage reduction for that nutrient need not be
declared.
(4) A ``light'' claim may not be made on a food for which the
reference food meets the definition of ``low fat'' and ``low calorie.''
(c)(1)(i) A product for which the reference food contains 40
calories or less and 3 g fat or less per reference amount customarily
consumed may use the term ``light'' or ``lite'' without further
qualification if it is reduced by 50 percent or more in sodium content
compared to the reference food; and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the sodium was reduced shall be declared in immediate proximity to
the most prominent such claim (e.g., 50 percent less sodium than our
regular soy sauce); and
(B) Quantitative information comparing the level of sodium per
labeled serving size with that of the reference food that it replaces
(e.g., ``lite soy sauce 500 milligrams (mg) sodium per serving; regular
soy sauce 1,000 mg per serving'') is declared adjacent to the most
prominent claim or to the nutrition label, except that if the nutrition
label is on the information panel, the quantitative information may be
located elsewhere on the information panel in accordance with
Sec. 101.2.
(2)(i) A product for which the reference food contains more than 40
calories or more than 3 g fat per reference amount customarily consumed
may use the term ``light in sodium'' or ``lite in sodium'' if it is
reduced by 50 percent or more in sodium content compared to the
reference food, provided that ``light'' or ``lite'' is presented in
immediate proximity with ``in sodium'' and the entire term is presented
in uniform type size, style, color, and prominence; and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the sodium was reduced shall be declared in immediate proximity to
the most prominent such claim (e.g., 50 percent less sodium than our
regular canned peas); and
(B) Quantitative information comparing the level of sodium per
labeled serving size with that of the reference food that it replaces
(e.g., ``lite canned peas, 175 mg sodium per serving; regular canned
peas 350 mg per serving'') is declared adjacent to the most prominent
claim or to the nutrition label, except that if the nutrition label is
on the information panel, the quantitative information may be located
elsewhere on the information panel in accordance with Sec. 101.2.
(iii) Except for meal products as defined in Sec. 101.13(l) and main
dish products as defined in Sec. 101.13(m), a ``light in sodium'' claim
may not be made on a food for which the reference food meets the
definition of ``low in sodium''.
(d)(1) The terms ``light'' or ``lite'' may be used on the label or
in the labeling of a meal product as defined in Sec. 101.13(l) and a
main dish product as defined in Sec. 101.13(m), provided that:
(i) The food meets the definition of:
(A) ``Low in calories'' as defined in Sec. 101.60(b)(3); or
(B) ``Low in fat'' as defined in Sec. 101.62(b)(3); and
(ii)(A) A statement appears on the principal display panel that
explains whether ``light'' is used to mean ``low fat,'' ``low
calories,'' or both (e.g., ``Light Delight, a low fat meal''); and
(B) The accompanying statement is no less than one-half the type
size of the ``light'' or ``lite'' claim.
(2)(i) The term ``light in sodium'' or ``lite in sodium'' may be
used on the label or in the labeling of a meal product as defined in
Sec. 101.13(l) and a main dish product as defined in Sec. 101.13(m),
provided that the food meets the definition of ``low in sodium'' as
defined in Sec. 101.61(b)(5)(i); and
(ii) ``Light'' or ``lite'' and ``in sodium'' are presented in
uniform type size, style, color, and prominence.
(e) Except as provided in paragraphs (b) through (d) of this
section, the term ``light'' or ``lite'' may not be used to refer to a
food that is not reduced in fat by 50 percent, or, if applicable, in
calories by 1/3 or, when properly qualified, in sodium by 50 percent
unless:
(1) It describes some physical or organoleptic attribute of the food
such as texture or color and the information
[[Page 91]]
(e.g., ``light in color'' or ``light in texture'') so stated, clearly
conveys the nature of the product; and
(2) The attribute (e.g., ``color'' or ``texture'') is in the same
style, color, and at least one-half the type size as the word ``light''
and in immediate proximity thereto.
(f) If a manufacturer can demonstrate that the word ``light'' has
been associated, through common use, with a particular food to reflect a
physical or organoleptic attribute (e.g., light brown sugar, light corn
syrup, or light molasses) to the point where it has become part of the
statement of identity, such use of the term ``light'' shall not be
considered a nutrient content claim subject to the requirements in this
part.
(g) The term ``lightly salted'' may be used on a product to which
has been added 50 percent less sodium than is normally added to the
reference food as described in Sec. 101.13(j)(1)(i)(B) and
(j)(1)(ii)(B), provided that if the product is not ``low in sodium'' as
defined in Sec. 101.61(b)(4), the statement ``not a low sodium food,''
shall appear adjacent to the nutrition label of the food bearing the
claim, or, if the nutrition label is on the information panel, it may
appear elsewhere on the information panel in accordance with Sec. 101.2
and the information required to accompany a relative claim shall appear
on the label or labeling as specified in Sec. 101.13(j)(2).
[58 FR 2413, Jan. 6, 1993; 58 FR 17342, Apr. 2, 1993, as amended at 60
FR 17206, Apr. 5, 1995]
Sec. 101.60 Nutrient content claims for the calorie content of foods.
(a) General requirements. A claim about the calorie or sugar content
of a food may only be made on the label or in the labeling of a food if:
(1) The claim uses one of the terms defined in this section in
accordance with the definition for that term;
(2) The claim is made in accordance with the general requirements
for nutrient content claims in Sec. 101.13;
(3) The food for which the claim is made is labeled in accordance
with Sec. 101.9, Sec. 101.10, or Sec. 101.36, as applicable; and
(4) For dietary supplements, claims regarding calories may not be
made on products that meet the criteria in Sec. 101.60(b)(1) or (b)(2)
for ``calorie free'' or ``low calorie'' claims except when an equivalent
amount of a similar dietary supplement (e.g., another protein
supplement) that the labeled food resembles and for which it
substitutes, normally exceeds the definition for ``low calorie'' in
Sec. 101.60(b)(2).
(b) ``Calorie content claims.'' (1) The terms ``calorie free,''
``free of calories,'' ``no calories,'' ``zero calories,'' ``without
calories,'' ``trivial source of calories,'' ``negligible source of
calories,'' or ``dietarily insignificant source of calories'' may be
used on the label or in the labeling of foods, provided that:
(i) The food contains less than 5 calories per reference amount
customarily consumed and per labeled serving.
(ii) As required in Sec. 101.13(e)(2), if the food meets this
condition without the benefit of special processing, alteration,
formulation, or reformulation to lower the caloric content, it is
labeled to disclose that calories are not usually present in the food
(e.g., ``cider vinegar, a calorie free food'').
(2) The terms ``low calorie,'' ``few calories,'' ``contains a small
amount of calories,'' ``low source of calories,'' or ``low in calories''
may be used on the label or in labeling of foods, except meal products
as defined in Sec. 101.13(l) and main dish products as defined in
Sec. 101.13(m), provided that:
(i)(A) The food has a reference amount customarily consumed greater
than 30 grams (g) or greater than 2 tablespoons and does not provide
more than 40 calories per reference amount customarily consumed; or
(B) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and does not provide more than 40 calories
per reference amount customarily consumed and, except for sugar
substitutes, per 50 g (for dehydrated foods that must be reconstituted
before typical consumption with water or a diluent containing an
insignificant amount, as defined in Sec. 101.9(f)(1), of all nutrients
per reference amount customarily consumed, the per 50 g criterion refers
to the ``as prepared'' form).
[[Page 92]]
(ii) If a food meets these conditions without the benefit of special
processing, alteration, formulation, or reformulation to vary the
caloric content, it is labeled to clearly refer to all foods of its type
and not merely to the particular brand to which the label attaches
(e.g., ``celery, a low calorie food'').
(3) The terms defined in paragraph (b)(2) of this section may be
used on the label or in labeling of meal products as defined in
Sec. 101.13(l) or main dish products as defined in Sec. 101.13(m),
provided that:
(i) The product contains 120 calories or less per 100 g; and
(ii) If the product meets this condition without the benefit of
special processing, alteration, formulation, or reformulation to lower
the calorie content, it is labeled to clearly refer to all foods of its
type and not merely to the particular brand to which it attaches.
(4) The terms ``reduced calorie,'' ``reduced in calories,''
``calorie reduced,'' ``fewer calories,'' ``lower calorie,'' or ``lower
in calories'' may be used on the label or in the labeling of foods,
except as limited by Sec. 101.13(j)(1)(i) and except meal products as
defined in Sec. 101.13(l) and main dish products as defined in
Sec. 101.13(m), provided that:
(i) The food contains at least 25 percent fewer calories per
reference amount customarily consumed than an appropriate reference food
as described in Sec. 101.13(j)(1); and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the calories differ between the two foods are declared in immediate
proximity to the most prominent such claim (e.g., reduced calorie
cupcakes ``33 1/3 percent fewer calories than regular cupcakes''); and
(B) Quantitative information comparing the level of the nutrient per
labeled serving size with that of the reference food that it replaces
(e.g., ``Calorie content has been reduced from 150 to 100 calories per
serving.'') is declared adjacent to the most prominent claim or to the
nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (b)(4) of this section may not
be made on the label or labeling of foods if the reference food meets
the definition for ``low calorie.''
(5) The terms defined in paragraph (b)(4) of this section may be
used on the label or in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The food contains at least 25 percent fewer calories per 100 g
of food than an appropriate reference food as described in
Sec. 101.13(j)(1); and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the calories differ between the two foods are declared in immediate
proximity to the most prominent such claim (e.g., Larry's Reduced
Calorie Lasagna, ``25 percent fewer calories per oz (or 3 oz) than our
regular Lasagna''); and
(B) Quantitative information comparing the level of the nutrient in
the product per specified weight with that of the reference food that it
replaces (e.g., ``Calorie content has been reduced from 108 calories per
3 oz to 83 calories per 3 oz.'') is declared adjacent to the most
prominent claim or to the nutrition label, except that if the nutrition
label is on the information panel, the quantitative information may be
located elsewhere on the information panel in accordance with
Sec. 101.2.
(iii) Claims described in paragraph (b)(5) of this section may not
be made on the label or labeling of food if the reference food meets the
definition for ``low calorie.''
(c) Sugar content claims--(1) Use of terms such as ``sugar free,''
``free of sugar,'' ``no sugar,'' ``zero sugar,'' ``without sugar,''
``sugarless,'' ``trivial source of sugar,'' ``negligible source of
sugar,'' or ``dietarily insignificant source of sugar.'' Consumers may
reasonably be expected to regard terms that represent that the food
contains no sugars or sweeteners e.g., ``sugar free,'' or ``no sugar,''
as indicating a product which is low in calories or significantly
reduced in calories. Consequently, except as provided in paragraph
(c)(2) of this section, a
[[Page 93]]
food may not be labeled with such terms unless:
(i) The food contains less than 0.5 g of sugars, as defined in
Sec. 101.9(c)(6)(ii), per reference amount customarily consumed and per
labeled serving or, in the case of a meal product or main dish product,
less than 0.5 g of sugars per labeled serving; and
(ii) The food contains no ingredient that is a sugar or that is
generally understood by consumers to contain sugars unless the listing
of the ingredient in the ingredient statement is followed by an asterisk
that refers to the statement below the list of ingredients, which states
``adds a trivial amount of sugar,'' ``adds a negligible amount of
sugar,'' or ``adds a dietarily insignificant amount of sugar;'' and
(iii)(A) It is labeled ``low calorie'' or ``reduced calorie'' or
bears a relative claim of special dietary usefulness labeled in
compliance with paragraphs (b)(2), (b)(3), (b)(4), or (b)(5) of this
section; or
(B) Such term is immediately accompanied, each time it is used, by
either the statement ``not a reduced calorie food,'' ``not a low calorie
food,'' or ``not for weight control.''
(2) The terms ``no added sugar,'' ``without added sugar,'' or ``no
sugar added'' may be used only if:
(i) No amount of sugars, as defined in Sec. 101.9(c)(6)(ii), or any
other ingredient that contains sugars that functionally substitute for
added sugars is added during processing or packaging; and
(ii) The product does not contain an ingredient containing added
sugars such as jam, jelly, or concentrated fruit juice; and
(iii) The sugars content has not been increased above the amount
present in the ingredients by some means such as the use of enzymes,
except where the intended functional effect of the process is not to
increase the sugars content of a food, and a functionally insignificant
increase in sugars results; and
(iv) The food that it resembles and for which it substitutes
normally contains added sugars; and
(v) The product bears a statement that the food is not ``low
calorie'' or ``calorie reduced'' (unless the food meets the requirements
for a ``low'' or ``reduced calorie'' food) and that directs consumers'
attention to the nutrition panel for further information on sugar and
calorie content.
(3) Paragraph (c)(1) of this section shall not apply to a factual
statement that a food, including foods intended specifically for infants
and children less than 2 years of age, is unsweetened or contains no
added sweeteners in the case of a food that contains apparent
substantial inherent sugar content, e.g., juices.
(4) The claims provided for in paragraph (c)(1) and (c)(2) of this
section may be used on labels or in labeling of dietary supplements of
vitamins or minerals that are intended specifically for use by infants
and children less than 2 years of age.
(5) The terms ``reduced sugar,'' ``reduced in sugar,'' ``sugar
reduced,'' ``less sugar,'' ``lower sugar'' or ``lower in sugar'' may be
used on the label or in labeling of foods, except meal products as
defined in Sec. 101.13(l), main dish products as defined in
Sec. 101.13(m), and dietary supplements of vitamins or minerals,
provided that:
(i) The food contains at least 25 percent less sugar per reference
amount customarily consumed than an appropriate reference food as
described in Sec. 101.13(j)(1); and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the sugar differs between the two foods are declared in immediate
proximity to the most prominent such claim (e.g., ``these corn flakes
contain 25 percent less sugar than our sugar coated corn flakes''); and
(B) Quantitative information comparing the level of the sugar in the
product per labeled serving with that of the reference food that it
replaces (e.g., ``Sugar content has been lowered from 8 g to 6 g per
serving.'') is declared adjacent to the most prominent claim or to the
nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(6) The terms defined in paragraph (c)(5) of this section may be
used on the
[[Page 94]]
label or in the labeling of a meal product as defined in Sec. 101.13(l)
and a main dish product as defined in Sec. 101.13(m), provided that:
(i) The food contains at least 25 percent less sugars per 100 g of
food than an appropriate reference food as described in
Sec. 101.13(j)(1), and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the sugars differ between the two foods are declared in immediate
proximity to the most prominent such claim (e.g., reduced sweet and sour
shrimp dinner, ``25 percent less sugar per 3 oz than our regular sweet
and sour shrimp dinner''); and
(B) Quantitative information comparing the level of the nutrient in
the product per specified weight with that of the reference food that it
replaces (e.g., ``Sugar content has been reduced from 17 g per 3 oz to
13 g per 3 oz.'') is declared adjacent to the most prominent claim or to
the nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
[58 FR 2413, Jan. 6, 1993; 58 FR 17342, Apr. 2, 1993, as amended at 58
FR 44031, Aug. 18, 1993; 59 FR 394, Jan. 4, 1994; 60 FR 17206, Apr. 5,
1995; 62 FR 15342, Mar. 31, 1997]
Sec. 101.61 Nutrient content claims for the sodium content of foods.
(a) General requirements. A claim about the level of sodium or salt
in a food may only be made on the label or in the labeling of the food
if:
(1) The claim uses one of the terms defined in this section in
accordance with the definition for that term;
(2) The claim is made in accordance with the general requirements
for nutrient content claims in Sec. 101.13; and
(3) The food for which the claim is made is labeled in accordance
with Sec. 101.9, Sec. 101.10, or Sec. 101.36, as applicable.
(b) ``Sodium content claims.'' (1) The terms ``sodium free,'' ``free
of sodium,'' ``no sodium,'' ``zero sodium,'' ``without sodium,''
``trivial source of sodium,'' ``negligible source of sodium,'' or
``dietary insignificant source of sodium'' may be used on the label or
in the labeling of foods, provided that:
(i) The food contains less than 5 milligrams (mg) of sodium per
reference amount customarily consumed and per labeled serving or, in the
case of a meal product or a main dish product, less than 5 mg of sodium
per labeled serving; and
(ii) The food contains no ingredient that is sodium chloride or is
generally understood by consumers to contain sodium, unless the listing
of the ingredient in the ingredient statement is followed by an asterisk
that refers to the statement below the list of ingredients, which
states: ``Adds a trivial amount of sodium,'' ``adds a negligible amount
of sodium'' or ``adds a dietarily insignificant amount of sodium;'' and
(iii) As required in Sec. 101.13(e)(2) if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower the sodium content, it is labeled
to disclose that sodium is not usually present in the food (e.g., ``leaf
lettuce, a sodium free food'').
(2) The terms ``very low sodium,'' or ``very low in sodium,'' may be
used on the label or in labeling of foods, except meal products as
defined in Sec. 101.13(l) and main dish products as defined in
Sec. 101.13(m), provided that:
(i)(A) The food has a reference amount customarily consumed greater
than 30 grams (g) or greater than 2 tablespoons and contains 35 mg or
less sodium per reference amount customarily consumed; or
(B) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and contains 35 mg or less sodium per
reference amount customarily consumed and per 50 g (for dehydrated foods
that must be reconstituted before typical consumption with water or a
diluent containing an insignificant amount, as defined in
Sec. 101.9(f)(1), of all nutrients per reference amount customarily
consumed, the per 50-g criterion refers to the ``as prepared'' form);
(ii) If the food meets these conditions without the benefit of
special processing, alteration, formulation, or reformulation to vary
the sodium content, it is labeled to clearly refer to all foods
[[Page 95]]
of its type and not merely to the particular brand to which the label
attaches (e.g., ``potatoes, a very low-sodium food'').
(3) The terms defined in paragraph (b)(2) of this section may be
used on the label or in labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The product contains 35 mg or less of sodium per 100 g of
product; and
(ii) If the product meets this condition without the benefit of
special processing, alteration, formulation, or reformulation to lower
the sodium content, it is labeled to clearly refer to all foods of its
type and not merely to the particular brand to which the label attaches.
(4) The terms ``low sodium,'' or ``low in sodium,'' ``little
sodium,'' ``contains a small amount of sodium,'' or ``low source of
sodium'' may be used on the label or in the labeling of foods, except
meal products as defined in Sec. 101.13(l) and main dish products as
defined in Sec. 101.13(m), provided that:
(i)(A) The food has a reference amount customarily consumed greater
than 30 g or greater than 2 tablespoons and contains 140 mg or less
sodium per reference amount customarily consumed; or
(B) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and contains 140 mg or less sodium per
reference amount customarily consumed and per 50 g (for dehydrated foods
that must be reconstituted before typical consumption with water or a
diluent containing an insignificant amount, as defined in
Sec. 101.9(f)(1), of all nutrients per reference amount customarily
consumed, the per 50-g criterion refers to the ``as prepared'' form);
and
(ii) If the food meets these conditions without the benefit of
special processing, alteration, formulation, or reformulation to vary
the sodium content, it is labeled to clearly refer to all foods of its
type and not merely to the particular brand to which the label attaches
(e.g., ``fresh spinach, a low sodium food''); and
(5) The terms defined in paragraph (b)(4) of this section may be
used on the label or in labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The product contains 140 mg or less sodium per 100 g; and
(ii) If the product meets these conditions without the benefit of
special processing, alteration, formulation, or reformulation to lower
the sodium content, it is labeled to clearly refer to all foods of its
type and not merely to the particular brand to which the label attaches.
(6) The terms ``reduced sodium,'' ``reduced in sodium,'' ``sodium
reduced,'' ``less sodium,'' ``lower sodium,'' or ``lower in sodium'' may
be used on the label or in labeling of foods, except meal products as
defined in Sec. 101.13(l) and main dish products as defined in
Sec. 101.13(m), provided that:
(i) The food contains at least 25 percent less sodium per reference
amount customarily consumed than an appropriate reference food as
described in Sec. 101.13(j)(1).
(ii) As required for Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the sodium differs from the labeled food are declared in immediate
proximity to the most prominent such claim (e.g., ``reduced sodium
______, 50 percent less sodium than regular ______''); and
(B) Quantitative information comparing the level of the sodium in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Sodium content has been lowered from 300 to 150 mg per
serving.'') is declared adjacent to the most prominent claim or to the
nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (b)(6) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low sodium.''
(7) The terms defined in paragraph (b)(6) of this section may be
used on the label or in the labeling of meal products as defined in
Sec. 101.13(l) and
[[Page 96]]
main dish products as defined in Sec. 101.13(m), provided that:
(i) The food contains at least 25 percent less sodium per 100 g of
food than an appropriate reference food as described in
Sec. 101.13(j)(1), and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the sodium differs from the reference food are declared in
immediate proximity to the most prominent such claim (e.g., reduced
sodium eggplant parmigiana dinner ``30 percent less sodium per oz (or 3
oz) than our regular eggplant parmigiana dinner'').
(B) Quantitative information comparing the level of sodium in the
product per specified weight with that of the reference food that it
replaces (e.g., ``Sodium content has been reduced from 217 mg per 3 oz
to 150 mg per 3 oz.'') is declared adjacent to the most prominent claim
or to the nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (b)(7) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low sodium.''
(c) The term ``salt'' is not synonymous with ``sodium.'' Salt refers
to sodium chloride. However, references to salt content such as
``unsalted,'' ``no salt,'' ``no salt added'' are potentially misleading.
(1) The term ``salt free'' may be used on the label or in labeling
of foods only if the food is ``sodium free'' as defined in paragraph
(b)(1) of this section.
(2) The terms ``unsalted,'' ``without added salt,'' and ``no salt
added'' may be used on the label or in labeling of foods only if:
(i) No salt is added during processing;
(ii) The food that it resembles and for which it substitutes is
normally processed with salt; and
(iii) If the food is not sodium free, the statement, ``not a sodium
free food'' or ``not for control of sodium in the diet'' appears
adjacent to the nutrition label of the food bearing the claim, or, if
the nutrition label is on the information panel, it may appear elsewhere
on the information panel in accordance with Sec. 101.2.
(3) Paragraph (c)(2) of this section shall not apply to a factual
statement that a food intended specifically for infants and children
less than 2 years of age is unsalted, provided such statement refers to
the taste of the food and is not otherwise false and misleading.
[58 FR 2413, Jan. 6, 1993; 58 FR 17342, Apr. 2, 1993, as amended at 58
FR 44032, Aug. 18, 1993; 59 FR 394, Jan. 4, 1994; 60 FR 17206, Apr. 5,
1995]
Sec. 101.62 Nutrient content claims for fat, fatty acid, and
cholesterol content of foods.
(a) General requirements. A claim about the level of fat, fatty
acid, and cholesterol in a food may only be made on the label or in the
labeling of foods if:
(1) The claim uses one of the terms defined in this section in
accordance with the definition for that term;
(2) The claim is made in accordance with the general requirements
for nutrient content claims in Sec. 101.13;
(3) The food for which the claim is made is labeled in accordance
with Sec. 101.9, Sec. 101.10, or Sec. 101.36, as applicable; and
(4) For dietary supplements, claims for fat, saturated fat, and
cholesterol may not be made on products that meet the criteria in
Sec. 101.60(b)(1) or (b)(2) for ``calorie free'' or ``low calorie''
claims.
(b) ``Fat content claims.'' (1) The terms ``fat free,'' ``free of
fat,'' ``no fat,'' ``zero fat,'' ``without fat,'' ``nonfat,'' ``trivial
source of fat,'' ``negligible source of fat,'' or ``dietarily
insignificant source of fat'' may be used on the label or in labeling of
foods, provided that:
(i) The food contains less than 0.5 gram (g) of fat per reference
amount customarily consumed and per labeled serving or, in the case of a
meal product or main dish product, less than 0.5 g of fat per labeled
serving; and
(ii) The food contains no added ingredient that is a fat or is
generally understood by consumers to contain fat unless the listing of
the ingredient in the ingredient statement is followed by
[[Page 97]]
an asterisk that refers to the statement below the list of ingredients,
which states ``adds a trivial amount of fat,'' ``adds a negligible
amount of fat,'' or ``adds a dietarily insignificant amount of fat;''
and
(iii) As required in Sec. 101.13(e)(2), if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower fat content, it is labeled to
disclose that fat is not usually present in the food (e.g., ``broccoli,
a fat free food'').
(2) The terms ``low fat,'' ``low in fat,'' ``contains a small amount
of fat,'' ``low source of fat,'' or ``little fat'' may be used on the
label or in labeling of foods, except meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i)(A) The food has a reference amount customarily consumed greater
than 30 g or greater than 2 tablespoons and contains 3 g or less of fat
per reference amount customarily consumed; or
(B) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and contains 3 g or less of fat per
reference amount customarily consumed and per 50 g of food (for
dehydrated foods that must be reconstituted before typical consumption
with water or a diluent containing an insignificant amount, as defined
in Sec. 101.9(f)(1), of all nutrients per reference amount customarily
consumed, the per 50-g criterion refers to the ``as prepared'' form);
and
(ii) If the food meets these conditions without the benefit of
special processing, alteration, formulation, or reformulation to lower
fat content, it is labeled to clearly refer to all foods of its type and
not merely to the particular brand to which the label attaches (e.g.,
``frozen perch, a low fat food'').
(3) The terms defined in paragraph (b)(2) of this section may be
used on the label or in labeling of meal products as defined in
Sec. 101.13(l) or main dish products as defined in Sec. 101.13(m),
provided that:
(i) The product contains 3 g or less of total fat per 100 g and not
more than 30 percent of calories from fat; and
(ii) If the product meets these conditions without the benefit of
special processing, alteration, formulation, or reformulation to lower
fat content, it is labeled to clearly refer to all foods of its type and
not merely to the particular brand to which the label attaches.
(4) The terms ``reduced fat,'' ``reduced in fat,'' ``fat reduced,''
``less fat,'' ``lower fat,'' or ``lower in fat'' may be used on the
label or in the labeling of foods, except meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The food contains at least 25 percent less fat per reference
amount customarily consumed than an appropriate reference food as
described in Sec. 101.13(j)(1); and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the fat differs between the two foods and are declared in immediate
proximity to the most prominent such claim (e.g., ``reduced fat--50
percent less fat than our regular brownies''); and
(B) Quantitative information comparing the level of fat in the
product per labeled serving with that of the reference food that it
replaces (e.g., ``Fat content has been reduced from 8 g to 4 g per
serving.'') is declared adjacent to the most prominent claim or to the
nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (b)(4) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low fat.''
(5) The terms defined in paragraph (b)(4) of this section may be
used on the label or in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The food contains at least 25 percent less fat per 100 g of food
than an appropriate reference food as described in Sec. 101.13(j)(1);
and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the fat differs between the two foods are declared in immediate
proximity to the
[[Page 98]]
most prominent such claim (e.g., reduced fat spinach souffle, ``33
percent less fat per 3 oz than our regular spinach souffle''); and
(B) Quantitative information comparing the level of fat in the
product per specified weight with that of the reference food that it
replaces (e.g., ``Fat content has been reduced from 7.5 g per 3 oz to 5
g per 3 oz.'') is declared adjacent to the most prominent claim, to the
nutrition label, or, if the nutrition label is located on the
information panel, it may appear elsewhere on the information panel in
accordance with Sec. 101.2.
(iii) Claims described in paragraph (b)(5) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low fat.''
(6) The term ``__ percent fat free'' may be used on the label or in
the labeling of foods, provided that:
(i) The food meets the criteria for ``low fat'' in paragraph (b)(2)
or (b)(3) of this section;
(ii) The percent declared and the words ``fat free'' are in uniform
type size; and
(iii) A ``100 percent fat free'' claim may be made only on foods
that meet the criteria for ``fat free'' in paragraph (b)(1) of this
section, that contain less than 0.5 g of fat per 100 g, and that contain
no added fat.
(c) ``Fatty acid content claims.'' The label or labeling of foods
that bear claims with respect to the level of saturated fat shall
disclose the level of total fat and cholesterol in the food in immediate
proximity to such claim each time the claim is made and in type that
shall be no less than one-half the size of the type used for the claim
with respect to the level of saturated fat. Declaration of cholesterol
content may be omitted when the food contains less than 2 milligrams
(mg) of cholesterol per reference amount customarily consumed or in the
case of a meal or main dish product less than 2 mg of cholesterol per
labeled serving. Declaration of total fat may be omitted with the term
defined in paragraph (c)(1) of this section when the food contains less
than 0.5 g of total fat per reference amount customarily consumed or, in
the case of a meal product or a main dish product, when the product
contains less than 0.5 g of total fat per labeled serving. The
declaration of total fat may be omitted with the terms defined in
paragraphs (c)(2) through (c)(5) of this section when the food contains
3 g or less of total fat per reference amount customarily consumed or in
the case of a meal product or a main dish product, when the product
contains 3 g or less of total fat per 100 g and not more than 30 percent
calories from fat.
(1) The terms ``saturated fat free,'' ``free of saturated fat,''
``no saturated fat,'' ``zero saturated fat,'' ``without saturated fat,''
``trivial source of saturated fat,'' ``negligible source of saturated
fat,'' or ``dietarily insignificant source of saturated fat'' may be
used on the label or in the labeling of foods, provided that:
(i) The food contains less than 0.5 g of saturated fat and less than
0.5 g trans fatty acid per reference amount customarily consumed and per
labeled serving, or in the case of a meal product or main dish product,
less than 0.5 g of saturated fat and less than 0.5 g trans fatty acid
per labeled serving; and
(ii) The food contains no ingredient that is generally understood by
consumers to contain saturated fat unless the listing of the ingredient
in the ingredient statement is followed by an asterisk that refers to
the statement below the list of ingredients which states, ``adds a
trivial amount of saturated fat,'' ``adds a negligible amount of
saturated fat,'' or ``adds a dietarily insignificant amount of saturated
fat;'' and
(iii) As required in Sec. 101.13(e)(2), if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower saturated fat content, it is
labeled to disclose that saturated fat is not usually present in the
food.
(2) The terms ``low in saturated fat,'' ``low saturated fat,''
``contains a small amount of saturated fat,'' ``low source of saturated
fat,'' or ``a little saturated fat'' may be used on the label or in the
labeling of foods, except meal products as defined in Sec. 101.13(l) and
main dish products as defined in Sec. 101.13(m), provided that:
[[Page 99]]
(i) The food contains 1 g or less of saturated fatty acids per
reference amount customarily consumed and not more than 15 percent of
calories from saturated fatty acids; and
(ii) If a food meets these conditions without benefit of special
processing, alteration, formulation, or reformulation to lower saturated
fat content, it is labeled to clearly refer to all foods of its type and
not merely to the particular brand to which the label attaches (e.g.,
``raspberries, a low saturated fat food'').
(3) The terms defined in paragraph (c)(2) of this section may be
used on the label or in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The product contains 1 g or less of saturated fatty acids per
100 g and less than 10 percent calories from saturated fat; and
(ii) If the product meets these conditions without the benefit of
special processing, alteration, formulation, or reformulation to lower
saturated fat content, it is labeled to clearly refer to all foods of
its type and not merely to the particular brand to which the label
attaches.
(4) The terms ``reduced saturated fat,'' ``reduced in saturated
fat,'' ``saturated fat reduced,'' ``less saturated fat,'' ``lower
saturated fat,'' or ``lower in saturated fat'' may be used on the label
or in the labeling of foods, except as limited by Sec. 101.13(j)(1)(i)
and except meal products as defined in Sec. 101.13(l) and main dish
products as defined in Sec. 101.13(m), provided that:
(i) The food contains at least 25 percent less saturated fat per
reference amount customarily consumed than an appropriate reference food
as described in Sec. 101.13(j)(1); and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food and the percent (or fraction)
that the saturated fat differs between the two foods are declared in
immediate proximity to the most prominent such claim (e.g., ``reduced
saturated fat. Contains 50 percent less saturated fat than the national
average for nondairy creamers''); and
(B) Quantitative information comparing the level of saturated fat in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Saturated fat reduced from 3 g to 1.5 g per serving'')
is declared adjacent to the most prominent claim or to the nutrition
label, except that if the nutrition label is on the information panel,
the quantitative information may be located elsewhere on the information
panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (c)(4) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low saturated
fat.''
(5) The terms defined in paragraph (c)(4) of this section may be
used on the label or in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) The food contains at least 25 percent less saturated fat per 100
g of food than an appropriate reference food as described in
Sec. 101.13(j)(1), and
(ii) As required in Sec. 101.13(j)(2) for relative claims:
(A) The identity of the reference food, and the percent (or
fraction) that the fat differs between the two foods are declared in
immediate proximity to the most prominent such claim (e.g., reduced
saturated fat Macaroni and Cheese, ``33 percent less saturated fat per 3
oz than our regular Macaroni and Cheese'').
(B) Quantitative information comparing the level of saturated fat in
the product per specified weight with that of the reference food that it
replaces (e.g., ``Saturated fat content has been reduced from 2.5 g per
3 oz to 1.7 g per 3 oz.'') is declared adjacent to the most prominent
claim or to the nutrition label, except that if the nutrition label in
on the information panel, the quantitative information may be located
elsewhere on the information panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (c)(5) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low saturated
fat.''
[[Page 100]]
(d) ``Cholesterol content claims.'' (1) The terms ``cholesterol
free,'' ``free of cholesterol,'' ``zero cholesterol,'' ``without
cholesterol,'' ``no cholesterol,'' ``trivial source of cholesterol,''
``negligible source of cholesterol,'' or ``dietarily insignificant
source of cholesterol'' may be used on the label or in the labeling of
foods, provided that:
(i) For foods that contain 13 g or less of total fat per reference
amount customarily consumed, per labeled serving, and per 50 g if the
reference amount customarily consumed is 30 g or less or 2 tablespoons
or less (for dehydrated foods that must be reconstituted before typical
consumption with water or a diluent containing an insignificant amount,
as defined in Sec. 101.9(f)(1), of all nutrients per reference amount
customarily consumed, the per 50-g criterion refers to the ``as
prepared'' form), or, in the case of meal products, 26.0 g or less total
fat per labeled serving, or, in the case of main dish products, 19.5 g
or less total fat per labeled serving:
(A) The food contains less than 2 mg of cholesterol per reference
amount customarily consumed and per labeling serving or, in the case of
a meal product or main dish product, less than 2 mg of cholesterol per
labeled serving; and
(B) The food contains no ingredient that is generally understood by
consumers to contain cholesterol, unless the listing of the ingredient
in the ingredient statement is followed by an asterisk that refers to
the statement below the list of ingredients, which states ``adds a
trivial amount of cholesterol,'' ``adds a negligible amount of
cholesterol,'' or ``adds a dietarily insignificant amount of
cholesterol;'' and
(C) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed or, in the case of a meal product
or main dish product, 2 g or less of saturated fatty acids per labeled
serving; and
(D) As required in Sec. 101.13(e)(2), if the food contains less than
2 mg of cholesterol per reference amount customarily consumed or in the
case of a meal product or main dish product, less than 2 mg of
cholesterol per labeled serving without the benefit of special
processing, alteration, formulation, or reformulation to lower
cholesterol content, it is labeled to disclose that cholesterol is not
usually present in the food (e.g., ``applesauce, a cholesterol-free
food'').
(ii) For food that contain more than 13 g of total fat per reference
amount customarily consumed, per labeling serving, or per 50 g if the
reference amount customarily consumed is 30 g or less or 2 tablespoons
or less (for dehydrated foods that must be reconstituted before typical
consumption with water or a diluent containing an insignificant amount,
as defined in Sec. 101.9(f)(1), of all nutrients per reference amount
customarily consumed, the per 50-g criterion refers to the ``as
prepared'' form), or in the case of a meal product, more than 26 g of
total fat per labeled serving, or, in the case of a main dish product
more than 19.5 g of total fat per labeled serving:
(A) The food contains less than 2 mg of cholesterol per reference
amount customarily consumed and per labeling serving or, in the case of
a meal product or main dish product, less than 2 mg of cholesterol per
labeled serving; and
(B) The food contains no ingredient that is generally understood by
consumers to contain cholesterol, unless the listing of the ingredient
in the ingredient statement is followed by an asterisk that refers to
the statement below the list of ingredients, which states ``adds a
trivial amount of cholesterol,'' ``adds a negligible amount of
cholesterol,'' or ``adds a dietarily insignificant amount of
cholesterol;'' and
(C) The food contains 2 g or less of saturated fatty acids per
reference amount cutomarily consumed or, in the case of a meal product
or main dish product less than 2 g of saturated fatty acids per labeled
serving; and
(D) The label or labeling discloses the level of total fat in a
serving (as declared on the label) of the food. Such disclosure shall
appear in immediate proximity to such claim preceding the referral
statement required in Sec. 101.13(g) in type that shall be no less than
one-half the size of the type used for such claim. If the claim appears
on more than one panel, the disclosure shall be made on each panel
except for the panel that bears nutrition labeling. If the claim appears
more than once on
[[Page 101]]
a panel, the disclosure shall be made in immediate proximity to the
claim that is printed in the largest type; and
(E) As required in Sec. 101.13(e)(2), if the food contains less than
2 mg of cholesterol per reference amount customarily consumed or in the
case of a meal product or main dish product less than 2 mg of
cholesterol per labeled serving without the benefit of special
processing, alteration, formulation, or reformulation to lower
cholesterol content, it is labeled to disclose that cholesterol is not
usually present in the food (e.g., ``canola oil, a cholesterol-free
food, contains 14 g of fat per serving''); or
(F) If the food contains less than 2 mg of cholesterol per reference
amount customarily consumed or in the case of a meal product or main
dish product less than 2 mg of cholesterol per labeled serving only as a
result of special processing, alteration, formulation, or reformulation,
the amount of cholesterol is substantially less (i.e., meets
requirements of paragraph (d)(4)(ii)(A) of this section) than the food
for which it substitutes as specified in Sec. 101.13(d) that has a
significant (e.g., 5 percent or more of a national or regional market)
market share. As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food and the percent (or fraction)
that the cholesterol was reduced are declared in immediate proximity to
the most prominent such claim (e.g., ``cholesterol-free margarine,
contains 100 percent less cholesterol than butter''); and
(2) Quantitative information comparing the level of cholesterol in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Contains no cholesterol compared with 30 mg
cholesterol in one serving of butter. Contains 13 g of fat per
serving.'') is declared adjacent to the most prominent claim or to the
nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(2) The terms ``low in cholesterol,'' ``low cholesterol,''
``contains a small amount of cholesterol,'' ``low source of
cholesterol,'' or ``little cholesterol'' may be used on the label or in
the labeling of foods, except meal products as defined in Sec. 101.13(l)
and main dish products as defined in Sec. 101.13(m), provided that:
(i) For foods that have a reference amount customarily consumed
greater than 30 g or greater than 2 tablespoons and contain 13 g or less
of total fat per reference amount customarily consumed and per labeled
serving:
(A) The food contains 20 mg or less of cholesterol per reference
amount customarily consumed;
(B) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed; and
(C) As required in Sec. 101.13(e)(2), if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower cholesterol content, it is
labeled to clearly refer to all foods of that type and not merely to the
particular brand to which the label attaches (e.g., ``low fat cottage
cheese, a low cholesterol food.'').
(ii) For foods that have a reference amount customarily consumed of
30 g or less or 2 tablespoons or less and contain 13 g or less of total
fat per reference amount customarily consumed, per labeled serving, and
per 50 g (for dehydrated foods that must be reconstituted before typical
consumption with water or a diluent containing an insignificant amount,
as defined in Sec. 101.9(f)(1), of all nutrients per reference amount
customarily consumed, the per 50-g criterion refers to the ``as
prepared'' form);
(A) The food contains 20 mg or less of cholesterol per reference
amount customarily consumed and per 50 g (for dehydrated foods that must
be reconstituted before typical consumption with water or a diluent
containing an insignificant amount, as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50-g
criterion refers to the ``as prepared'' form);
(B) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed; and
(C) As required in Sec. 101.13(e)(2), if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower cholesterol content, it is
labeled to clearly refer to all foods of that type
[[Page 102]]
and not merely to the particular brand to which the label attaches
(e.g., ``low fat cottage cheese, a low cholesterol food'').
(iii) For foods that have a reference amount customarily consumed
greater than 30 g or greater than 2 tablespoons and contain more than 13
g of total fat per reference amount customarily consumed or per labeled
serving,
(A) The food contains 20 mg or less of cholesterol per reference
amount customarily consumed;
(B) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed;
(C) The label or labeling discloses the level of total fat in a
serving (as declared on the label) of the food. Such disclosure shall
appear in immediate proximity to such claim preceding the referral
statement required in Sec. 101.13(g) in type that shall be no less than
one-half the size of the type used for such claim. If the claim appears
on more than one panel, the disclosure shall be made on each panel
except for the panel that bears nutrition labeling. If the claim is made
more than once on a panel, the disclosure shall be made in immediate
proximity to the claim that is printed in the largest type; and
(D) As required in Sec. 101.13(e)(2), if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower cholesterol content, it is
labeled to clearly refer to all foods of that type and not merely to the
particular brand to which the label attaches; or
(E) If the food contains 20 mg or less of cholesterol only as a
result of special processing, alteration, formulation, or reformulation,
the amount of cholesterol is substantially less (i.e., meets
requirements of paragraph (d)(4)(ii)(A) of this section) than the food
for which it substitutes as specified in Sec. 101.13(d) that has a
significant (e.g., 5 percent or more of a national or regional market)
market share. As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food and the percent (or fraction)
that the cholesterol has been reduced are declared in immediate
proximity to the most prominent such claim (e.g., ``low-cholesterol
peanut butter sandwich crackers, contains 83 percent less cholesterol
than our regular peanut butter sandwich crackers''); and
(2) Quantitative information comparing the level of cholesterol in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Cholesterol lowered from 30 mg to 5 mg per serving;
contains 13 g of fat per serving.'') is declared adjacent to the most
prominent claim or to the nutrition label, except that if the nutrition
label is on the information panel, the quantitative information may be
located elsewhere on the information panel in accordance with
Sec. 101.2.
(iv) For foods that have a reference amount customarily consumed of
30 g or less or 2 tablespoons or less and contain more than 13 g of
total fat per reference amount customarily consumed, per labeled
serving, or per 50 g (for dehydrated foods that must be reconstituted
before typical consumption with water or a diluent containing an
insignificant amount, as defined in Sec. 101.9(f)(1), of all nutrients
per reference amount customarily consumed, the per 50-g criterion refers
to the ``as prepared'' form),
(A) The food contains 20 mg or less of cholesterol per reference
amount customarily consumed and per 50 g (for dehydrated foods that must
be reconstituted before typical consumption with water or a diluent
containing an insignificant amount, as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50-g
criterion refers to the ``as prepared'' form),
(B) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed;
(C) The label or labeling discloses the level of total fat in a
serving (as declared on the label) of the food. Such disclosure shall
appear in immediate proximity to such claim preceding the referral
statement required in Sec. 101.13(g) in type that shall be no less than
one-half the size of the type used for such claim. If the claim appears
on more than one panel, the disclosure shall be made on each panel
except for the panel that bears nutrition labeling. If the claim is made
more than once on a panel, the disclosure shall be made in
[[Page 103]]
immediate proximity to the claim that is printed in the largest type;
and
(D) As required in Sec. 101.13(e)(2), if the food meets these
conditions without the benefit of special processing, alteration,
formulation, or reformulation to lower cholesterol content, it is
labeled to clearly refer to all foods of that type and not merely to the
particular brand to which the label attaches; or
(E) If the food contains 20 mg or less of cholesterol only as a
result of special processing, alteration, formulation, or reformulation,
the amount of cholesterol is substantially less (i.e., meets
requirements of paragraph (d)(4)(ii)(A) of this section) than the food
for which it substitutes as specified in Sec. 101.13(d) that has a
significant (i.e., 5 percent or more of a national or regional market)
market share. As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food and the percent (or fraction)
that the cholesterol has been reduced are declared in immediate
proximity to the most prominent such claim (e.g., ``low-cholesterol
peanut butter sandwich crackers, contains 83 percent less cholesterol
than our regular peanut butter sandwich crackers''); and
(2) Quantitative information comparing the level of cholesterol in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Cholesterol lowered from 30 mg to 5 mg per serving;
contains 13 g of fat per serving.'') is declared adjacent to the most
prominent claim or to the nutrition label, except that if the nutrition
label is on the information panel, the quantitative information may be
located elsewhere on the information panel in accordance with
Sec. 101.2.
(3) The terms defined in paragraph (d)(2) of this section may be
used on the label and in labeling of meal products as defined in
Sec. 101.13(l) or a main dish product as defined in Sec. 101.13(m)
provided that the product meets the requirements of paragraph (d)(2) of
this section except that the determination as to whether paragraph
(d)(2)(i) or (d)(2)(iii) of this section applies to the product will be
made only on the basis of whether the meal product contains 26 g or less
of total fat per labeled serving or the main dish product contain 19.5 g
or less of total fat per labeled serving, the requirement in paragraphs
(d)(2)(i)(A) and (d)(2)(iii)(A) of this section shall be limited to 20
mg of cholesterol per 100 g, and the requirement in paragraphs
(d)(2)(i)(B) and (d)(2)(iii)(B) of this section shall be modified to
require that the food contain 2 g or less of saturated fat per 100 g
rather than per reference amount customarily consumed.
(4) The terms ``reduced cholesterol,'' ``reduced in cholesterol,''
``cholesterol reduced,'' ``less cholesterol,'' ``lower cholesterol,'' or
``lower in cholesterol'' except as limited by Sec. 101.13(j)(1)(i) may
be used on the label or in labeling of foods or foods that substitute
for those foods as specified in Sec. 101.13(d), excluding meal products
as defined in Sec. 101.13(l) and main dish products as defined in
Sec. 101.13(m), provided that:
(i) For foods that contain 13 g or less of total fat per reference
amount customarily consumed, per labeled serving, and per 50 g if the
reference amount customarily consumed is 30 g or less or 2 tablespoons
or less (for dehydrated foods that must be reconstituted before typical
consumption with water or a diluent containing an insignificant amount,
as defined in Sec. 101.9(f)(1), of all nutrients per reference amount
customarily consumed, the per 50-g criterion refers to the ``as
prepared'' form):
(A) The food has been specifically formulated, altered, or processed
to reduce its cholesterol by 25 percent or more from the reference food
it resembles as defined in Sec. 101.13(j)(1) and for which it
substitutes as specified in Sec. 101.13(d) that has a significant (i.e.,
5 percent or more) market share; and
(B) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed; and
(C) As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food and the percent (or fraction)
that the cholesterol has been reduced are declared in immediate
proximity to the most prominent such claim; and
(2) Quantitative information comparing the level of cholesterol in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``[labeled product] 50 mg cholesterol
[[Page 104]]
per serving; [reference product] 30 mg cholesterol per serving'') is
declared adjacent to the most prominent claim or to the nutrition label,
except that if the nutrition label is on the information panel, the
quantitative information may be located elsewhere on the information
panel in accordance with Sec. 101.2.
(ii) For foods that contain more than 13 g of total fat per
reference amount customarily consumed, per labeled serving, or per 50 g
if the reference amount customarily consumed is 30 g or less or 2
tablespoons or less (for dehydrated foods that must be reconstituted
before typical consumption with water or a diluent containing an
insignificant amount, as defined in Sec. 101.9(f)(1), of all nutrients
per reference amount customarily consumed, the per 50-g criterion refers
to the ``as prepared'' form):
(A) The food has been specifically formulated, altered, or processed
to reduce its cholesterol by 25 percent or more from the reference food
it resembles as defined in Sec. 101.13(j)(1) and for which it
substitutes as specified in Sec. 101.13(d) that has a significant (i.e.,
5 percent or more of a national or regional market) market share;
(B) The food contains 2 g or less of saturated fatty acids per
reference amount customarily consumed;
(C) The label or labeling discloses the level of total fat in a
serving (as declared on the label) of the food. Such disclosure shall
appear in immediate proximity to such claim preceding the referral
statement required in Sec. 101.13(g) in type that shall be no less than
one-half the size of the type used for such claim. If the claim appears
on more than one panel, the disclosure shall be made on each panel
except for the panel that bears nutrition labeling. If the claim is made
more than once on a panel, the disclosure shall be made in immediate
proximity to the claim that is printed in the largest type; and
(D) As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food and the percent (or fraction)
that the cholesterol has been reduced are declared in immediate
proximity to the most prominent such claim (e.g., 25 percent less
cholesterol than ______); and
(2) Quantitative information comparing the level of cholesterol in
the product per labeled serving with that of the reference food that it
replaces (e.g., ``Cholesterol lowered from 55 mg to 30 mg per serving.
Contains 13 g of fat per serving.'') is declared adjacent to the most
prominent claim or to the nutrition label, except that if the nutrition
label is on the information panel, the quantitative information may be
located elsewhere on the information panel in accordance with
Sec. 101.2.
(iii) Claims described in paragraph (d)(4) of this section may not
be made on the label or in labeling of a food if the nutrient content of
the reference food meets the definition for ``low cholesterol.''
(5) The terms defined in paragraph (d)(4) of this section may be
used on the label or in the labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m),
provided that:
(i) For meal products that contain 26.0 g or less of total fat per
labeled serving or for main dish products that contain 19.5 g or less of
total fat per labeled serving;
(A) The food has been specifically formulated, altered, or processed
to reduce its cholesterol by 25 percent or more from the reference food
it resembles as defined in Sec. 101.13(j)(1) and for which it
substitutes as specified in Sec. 101.13(d) that has a significant (e.g.,
5 percent or more of a national or regional market) market share;
(B) The food contains 2 g or less of saturated fatty acids per 100
g; and
(C) As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food, and the percent (or
fraction) that the cholesterol has been reduced are declared in
immediate proximity to the most prominent such claim (e.g., ``25% less
cholesterol per 3 oz than ______); and
(2) Quantitative information comparing the level of cholesterol in
the product per specified weight with that of the reference food that it
replaces (e.g., ``Cholesterol content has been reduced from 35 mg per 3
oz to 25 mg per 3 oz.'')
[[Page 105]]
is declared adjacent to the most prominent claim or to the nutrition
label, except that if the nutrition label is on the information panel,
the quantitative information may be located elsewhere on the information
panel in accordance with Sec. 101.2.
(ii) For meal products that contain more than 26.0 g of total fat
per labeled serving or for main dish products that contain more than
19.5 g of total fat per labeled serving:
(A) The food has been specifically formulated, altered, or processed
to reduce its cholesterol by 25 percent or more from the reference food
it resembles as defined in Sec. 101.13(j)(1) and for which it
substitutes as specified in Sec. 101.13(d) that has a significant (e.g.,
5 percent or more of a national or regional market) market share.
(B) The food contains 2 g or less of saturated fatty acids per 100
g;
(C) The label or labeling discloses the level of total fat in a
serving (as declared on the label) of the food. Such disclosure shall
appear in immediate proximity to such claim preceding the referral
statement required in Sec. 101.13(g) in type that shall be no less than
one-half the size of the type used for such claim. If the claim appears
on more than one panel the disclosure shall be made on each panel except
for the panel that bears nutrition labeling. If the claim is made more
than once on a panel, the disclosure shall be made in immediate
proximity to the claim that is printed in the largest type; and
(D) As required in Sec. 101.13(j)(2) for relative claims:
(1) The identity of the reference food and the percent (or fraction)
that the cholesterol has been reduced are declared in immediate
proximity to the most prominent such claim (e.g., 25 percent less
cholesterol than ______); and
(2) Quantitative information comparing the level of cholesterol in
the product per specified weight with that of the reference food that it
replaces (e.g., ``Cholesterol lowered from 30 mg to 22 mg per 3 oz of
product.'') is declared adjacent to the most prominent claim or to the
nutrition label, except that if the nutrition label is on the
information panel, the quantitative information may be located elsewhere
on the information panel in accordance with Sec. 101.2.
(iii) Claims described in paragraph (d)(5) of this section may not
be made on the label or in the labeling of a food if the nutrient
content of the reference food meets the definition for ``low
cholesterol.''
(e) ``Lean'' and ``extra lean'' claims. (1) The term ``lean'' may be
used on the label or in labeling of foods except meal products as
defined in Sec. 101.13(l) and main dish products as defined in
Sec. 101.13(m) provided that the food is a seafood or game meat product
and as packaged contains less than 10 g total fat, 4.5 g or less
saturated fat, and less than 95 mg cholesterol per reference amount
customarily consumed and per 100 g;
(2) The term defined in paragraph (e)(1) of this section may be used
on the label or in the labeling of meal products as defined in
Sec. 101.13(l) or main dish products as defined in Sec. 101.13(m)
provided that the food contains less than 10 g total fat, 4.5 g or less
saturated fat, and less than 95 mg cholesterol per 100 g and per labeled
serving;
(3) The term ``extra lean'' may be used on the label or in the
labeling of foods except meal products as defined in Sec. 101.13(l) and
main dish products as defined in Sec. 101.13(m) provided that the food
is a discrete seafood or game meat product and as packaged contains less
than 5 g total fat, less than 2 g saturated fat, and less than 95 mg
cholesterol per reference amount customarily consumed and per 100 g; and
(4) The term defined in paragraph (e)(3) of this section may be used
on the label or in labeling of meal products as defined in
Sec. 101.13(l) and main dish products as defined in Sec. 101.13(m)
provided that the food contains less than 5 g of fat, less than 2 g of
saturated fat, and less than 95 mg of cholesterol per 100 g and per
labeled serving.
(f) Misbranding. Any label or labeling containing any statement
concerning fat, fatty acids, or cholesterol that is not in conformity
with this section shall be deemed to be misbranded under sections
201(n), 403(a), and 403(r)
[[Page 106]]
of the Federal Food, Drug, and Cosmetic Act.
[58 FR 2413, Jan. 6, 1993; 58 FR 17342, 17343, Apr. 2, 1993, as amended
at 58 FR 44032, Aug. 18, 1993; 58 FR 60105, Nov. 15, 1993; 59 FR 394,
Jan. 4, 1994; 60 FR 17207, Apr. 5, 1995; 61 FR 59001, Nov. 20, 1996]
Effective Date Note: At 61 FR 59001, Nov. 20, 1996, in Sec. 101.62,
the introductory text of paragraph (b)(1) was revised, effective Jan. 1,
1998. For the convenience of the user, the revised text is set forth as
follows:
nutrient content claims for fat, fatty acid, and cholesterol content of
food.
* * * * *
(b) * * *
(1) The terms ``fat free,'' ``free of fat,'' ``no fat,''
``zero fat,'' ``without fat,'' ``negligible source of fat,'' or
``dietarily insignificant source of fat'' or, in the case of
milk products, ``skim'' may be used on the label or in labeling
of foods, provided that:
* * * * *
Sec. 101.65 Implied nutrient content claims and related label
statements.
(a) General requirements. An implied nutrient content claim can only
be made on the label and in labeling of the food if:
(1) The claim uses one of the terms described in this section in
accordance with the definition for that term;
(2) The claim is made in accordance with the general requirements
for nutrient content claims in Sec. 101.13; and
(3) The food for which the claim is made is labeled in accordance
with Sec. 101.9, Sec. 101.10, or Sec. 101.36, as applicable.
(b) Label statements that are not implied claims. Certain label
statements about the nature of a product are not nutrient content claims
unless such statements are made in a context that would make them an
implied claim under Sec. 101.13(b)(2). The following types of label
statements are generally not implied nutrient content claims and, as
such, are not subject to the requirements of Sec. 101.13 and this
section:
(1) A claim that a specific ingredient or food component is absent
from a product, provided that the purpose of such claim is to facilitate
avoidance of the substances because of food allergies (see Sec. 105.62
of this chapter), food intolerance, religious beliefs, or dietary
practices such as vegetarianism or other nonnutrition related reason,
e.g., ``100 percent milk free;''
(2) A claim about a substance that is nonnutritive or that does not
have a nutritive function, e.g., ``contains no preservatives,'' ``no
artificial colors;''
(3) A claim about the presence of an ingredient that is perceived to
add value to the product, e.g., ``made with real butter,'' ``made with
whole fruit,'' or ``contains honey,'' except that claims about the
presence of ingredients other than vitamins or minerals or that are
represented as a source of vitamins and minerals are not allowed on
labels or in labeling of dietary supplements of vitamins and minerals
that are not in conventional food form.
(4) A statement of identity for a food in which an ingredient
constitutes essentially 100 percent of a food (e.g., ``corn oil,'' ``oat
bran,'' ``vitamin C 60 mg tablet'').
(5) A statement of identity that names as a characterizing
ingredient, an ingredient associated with a nutrient benefit (e.g.,
``corn oil margarine,'' ``oat bran muffins,'' or ``whole wheat
bagels''), unless such claim is made in a context in which label or
labeling statements, symbols, vignettes, or other forms of communication
suggest that a nutrient is absent or present in a certain amount; and
(6) A label statement made in compliance with a specific provision
of part 105 of this chapter, solely to note that a food has special
dietary usefulness relative to a physical, physiological, pathological,
or other condition, where the claim identifies the special diet of which
the food is intended to be a part.
(c) Particular implied nutrient content claims. (1) Claims about the
food or an ingredient therein that suggest that a nutrient or an
ingredient is absent or present in a certain amount (e.g., ``high in oat
bran'') are implied nutrient content claims and must comply with
paragraph (a) of this section.
(2) The phrases ``contains the same amount of [nutrient] as a
[food]'' and ``as much [nutrient] as a [food]'' may be used on the label
or in the labeling of foods, provided that the amount of the nutrient in
the reference food is enough to qualify that food as a ``good
[[Page 107]]
source'' of that nutrient, and the labeled food, on a per serving basis,
is an equivalent, good source of that nutrient (e.g., ``as much fiber as
an apple,'' ``Contains the same amount of Vitamin C as an 8 oz glass of
orange juice.'').
(3) Claims may be made that a food contains or is made with an
ingredient that is known to contain a particular nutrient, or is
prepared in a way that affects the content of a particular nutrient in
the food, if the finished food is either ``low'' in or a ``good source''
of the nutrient that is associated with the ingredient or type of
preparation. If a more specific level is claimed (e.g., ``high in
______), that level of the nutrient must be present in the food. For
example, a claim that a food contains oat bran is a claim that it is a
good source of dietary fiber; that a food is made only with vegetable
oil is a claim that it is low in saturated fat; and that a food contains
no oil is a claim that it is fat free.
(d) General nutritional claims. (1) Claims about a food that suggest
that the food because of its nutrient content may be useful in
maintaining healthy dietary practices and that are made in association
with an explicit claim or statement about a nutrient (e.g., ``healthy,
contains 3 grams of fat'') are implied nutrient content claims covered
by this paragraph.
(2) The term ``healthy'' or any derivative of the term ``healthy,''
such as ``health,'' ``healthful,'' ``healthfully,'' ``healthfulness,''
``healthier,'' ``healthiest,'' ``healthily,'' and ``healthiness'' may be
used on the label or in labeling of a food, other than raw, single
ingredient seafood or game meat products, main dish products as defined
in Sec. 101.13(m), and meal products as defined in Sec. 101.13(l), as an
implied nutrient content claim to denote foods that are useful in
constructing a diet that is consistent with dietary recommendations
provided that:
(i) The food meets the definition of ``low'' for fat and saturated
fat;
(ii)(A) The food has a reference amount customarily consumed greater
than 30 grams (g) or greater than 2 tablespoons and, before January 1,
1998, contains 480 milligrams (mg) sodium or less per reference amount
customarily consumed, and per labeled serving; or
(B) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and, before January 1, 1998, contains 480
mg sodium or less per 50 g (for dehydrated foods that must be
reconstituted before typical consumption with water or a diluent
containing an insignificant amount as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50 g
criterion refers to the ``as prepared'' form);
(C)(1) The food has a reference amount customarily consumed greater
than 30 g or greater than 2 tablespoons and, after January 1, 1998,
contains 360 mg sodium or less per reference amount customarily
consumed, and per labeled serving; or
(2) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and, after January 1, 1998, contains 360
mg sodium or less per 50 g (for dehydrated foods that must be
reconstituted before typical consumption with water or a diluent
containing an insignificant amount as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50 g
criterion refers to the ``as prepared'' form);
(iii) Cholesterol is not present at a level exceeding the disclosure
level as described in Sec. 101.13(h);
(iv) The food, other than a raw fruit or vegetable, contains at
least 10 percent of the Reference Daily Intake (RDI) or Daily Reference
Value (DRV) per reference amount customarily consumed of vitamin A,
vitamin C, calcium, iron, protein, or fiber;
(v) Where compliance with paragraph (d)(2)(iv) of this section is
based on a nutrient that has been added to the food, that fortification
is in accordance with the policy on fortification of foods in
Sec. 104.20 of this chapter; and
(vi) The food complies with definitions and declaration requirements
established in part 101 of this chapter for any specific nutrient
content claim on the label or in labeling.
(3) The term ``healthy'' or its derivatives may be used on the label
or in labeling of raw, single ingredient seafood or game meat as an
implied nutrient content claim provided that:
(i) The food contains less than 5 g total fat, less than 2 g
saturated fat,
[[Page 108]]
and less than 95 mg cholesterol per reference amount customarily
consumed and per 100 g;
(ii)(A) The food has a reference amount customarily consumed greater
than 30 g or greater than 2 tablespoons and, before January 1, 1998,
contains 480 mg sodium or less per reference amount customarily
consumed, and per labeled serving; or
(B) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and, before January 1, 1998, contains 480
mg sodium or less per 50 g (for dehydrated foods that must be
reconstituted before typical consumption with water or a diluent
containing an insignificant amount as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50 g
criterion refers to the ``as prepared'' form);
(C)(1) The food has a reference amount customarily consumed greater
than 30 g or greater than 2 tablespoons and, after January 1, 1998,
contains 360 mg sodium or less per reference amount customarily
consumed, and per labeled serving; or
(2) The food has a reference amount customarily consumed of 30 g or
less or 2 tablespoons or less and, after January 1, 1998, contains 360
mg sodium or less per 50 g (for dehydrated foods that must be
reconstituted before typical consumption with water or a diluent
containing an insignificant amount as defined in Sec. 101.9(f)(1), of
all nutrients per reference amount customarily consumed, the per 50 g
criterion refers to the ``as prepared'' form);
(iii) The food contains at least 10 percent of the RDI or DRV per
reference amount customarily consumed of vitamin A, vitamin C, calcium,
iron, protein, or fiber;
(iv) Where compliance with paragraph (d)(3)(iii) of this section is
based on a nutrient that has been added to the food, that fortification
is in accordance with the policy on fortification of foods in
Sec. 104.20 of this chapter; and
(v) The food complies with definitions and declaration requirements
established in this part for any specific nutrient content claim on the
label or in labeling.
(4) The term ``healthy'' or its derivatives may be used on the label
or in labeling of main dish products, as defined in Sec. 101.13(m), and
meal products, as defined in Sec. 101.13(l) as an implied nutrient
content claim provided that:
(i) The food meets the definition of ``low'' for fat and saturated
fat;
(ii)(A) Before January 1, 1998, sodium is not present at a level
exceeding 600 mg per labeled serving, or
(B) After January 1, 1998, sodium is not present at a level
exceeding 480 mg per labeled serving;
(iii) Cholesterol is not present at a level exceeding 90 mg per
labeled serving;
(iv) The food contains at least 10 percent of the RDI or DRV per
labeled serving of two (for main dish products) or three (for meal
products) of the following nutrients--vitamin A, vitamin C, calcium,
iron, protein, or fiber;
(v) Where compliance with paragraph (d)(4)(iv) of this section is
based on a nutrient that has been added to the food, that fortification
is in accordance with the policy on fortification of foods in
Sec. 104.20 of this chapter; and
(vi) The food complies with definitions and declaration requirements
established in this part for any specific nutrient content claim on the
label or in labeling.
[58 FR 2413, Jan. 6, 1993; 58 FR 17343, Apr. 2, 1993, as amended at 59
FR 394, Jan. 4, 1994; 59 FR 24249, May 10, 1994; 59 FR 50828, Oct. 6,
1994]
Effective Date Note: At 59 FR 24249, May 10, 1994, Sec. 101.65 was
amended by adding paragraphs (d) (2) through (4). At 62 FR 15391, Apr.
1, 1997, paragraphs (d) (2)(ii)(C) and (4)(ii)(B) were stayed until Jan.
1, 2000.
Sec. 101.67 Use of nutrient content claims for butter.
(a) Claims may be made to characterize the level of nutrients,
including fat, in butter if:
(1) The claim complies with the requirements of Sec. 101.13 and with
the requirements of the regulations in this subpart that define the
particular nutrient content claim that is used and how it is to be
presented. In determining whether a claim is appropriate, the
calculation of the percent fat reduction in milkfat shall be based on
the 80 percent milkfat requirement provided by the statutory standard
for butter (21 U.S.C. 321a);
[[Page 109]]
(2) The product contains cream or milk, including milk constituents
(including, but not limited to, whey, casein, modified whey, and salts
of casein), or both, with or without added salt, with or without safe
and suitable colorings, with or without nutrients added to comply with
paragraph (a)(3) of this section, and with or without safe and suitable
bacterial cultures. The product may contain safe and suitable
ingredients to improve texture, prevent syneresis, add flavor, extend
shelf life, improve appearance, and add sweetness. The product may
contain water to replace milkfat although the amount of water in the
product shall be less than the amount of cream, milk, or milk
constituents;
(3) The product is not nutritionally inferior, as defined in
Sec. 101.3(e)(4), to butter as produced under 21 U.S.C. 321a; and
(4) If the product would violate 21 U.S.C. 321a but for the nutrient
content claim that characterizes the level of nutrients, that claim
shall be an explicit claim that is included as part of the common or
usual name of the product.
(b) Deviations from the ingredient provisions of 21 U.S.C. 321a must
be the minimum necessary to achieve similar performance characteristics
as butter as produced under 21 U.S.C. 321a, or the food will be deemed
to be adulterated under section 402(b) of the act. The performance
characteristics (e.g., physical properties, organoleptic
characteristics, functional properties, shelf life) of the product shall
be similar to butter as produced under 21 U.S.C. 321a. If there is a
significant difference in performance characteristics (that materially
limits the uses of the product compared to butter,) the label shall
include a statement informing the consumer of such difference (e.g., if
appropriate, ``not recommended for baking purposes''). Such statement
shall comply with the requirements of Sec. 101.13(d). The modified
product shall perform at least one of the principal functions of butter
substantially as well as butter as produced under 21 U.S.C. 321a.
(c)(1) Each of the ingredients used in the food shall be declared on
the label as required by the applicable sections of this part.
(2) Safe and suitable ingredients added to improve texture, prevent
syneresis, add flavor, extend shelf life, improve appearance, or add
sweetness and water added to replace milkfat shall be identified with an
asterisk in the ingredient statement. The statement ``*Ingredients not
in regular butter'' shall immediately follow the ingredient statement in
the same type size.
[58 FR 2455, Jan. 6, 1993]
Sec. 101.69 Petitions for nutrient content claims.
(a) This section pertains to petitions for claims, expressed or
implied, that:
(1) Characterize the level of any nutrient which is of the type
required to be in the label or labeling of food by section 403(q)(1) or
(q)(2) of the Federal Food, Drug, and Cosmetic Act (the act); and
(2) That are not exempted under section 403(r)(5)(A) through
(r)(5)(C) of the act from the requirements for such claims in section
403(r)(2).
(b) Petitions included in this section are:
(1) Petitions for a new (heretofore unauthorized) nutrient content
claim;
(2) Petitions for a synonymous term (i.e., one that is consistent
with a term defined by regulation) for characterizing the level of a
nutrient; and
(3) Petitions for the use of an implied claim in a brand name.
(c) An original and one copy of the petition to be filed under the
provisions of section 403(r)(4) of the act shall be submitted, or the
petitioner may submit an original and a computer readable disk
containing the petition. Contents of the disk should be in a standard
format, such as ASCII format. Petitioners interested in submitting a
disk should contact FDA's Center for Food Safety and Applied Nutrition
for details. If any part of the material submitted is in a foreign
language, it shall be accompanied by an accurate and complete English
translation. The petition shall state the petitioner's post office
address to which published notices as required by section 403 of the act
may be sent.
(d) Pertinent information may be incorporated in, and will be
considered as
[[Page 110]]
part of, a petition on the basis of specific reference to such
information submitted to and retained in the files of the Food and Drug
Administration. However, any reference to unpublished information
furnished by a person other than the applicant will not be considered
unless use of such information is authorized (with the understanding
that such information may in whole or part be subject to release to the
public) in a written statement signed by the person who submitted it.
Any reference to published information should be accompanied by reprints
or photostatic copies of such references.
(e) If nonclinical laboratory studies are included in a petition
submitted under section 403(r)(4) of the act, the petition shall
include, with respect to each nonclinical study contained in the
petition, either a statement that the study has been, or will be,
conducted in compliance with the good laboratory practice regulations as
set forth in part 58 of this chapter or, if any such study was not
conducted in compliance with such regulations, a brief statement of the
reason for the noncompliance.
(f) If clinical investigations are included in a petition submitted
under section 403(r)(4) of the act, the petition shall include a
statement regarding each such clinical investigation relied upon in the
petition that the study either was conducted in compliance with the
requirements for institutional review set forth in part 56 of this
chapter or was not subject to such requirements in accordance with
Sec. 56.104 or Sec. 56.105 of this chapter, and that it was conducted in
compliance with the requirements for informed consent set forth in part
50 of this chapter.
(g) The availability for public disclosure of petitions submitted to
the agency under this section will be governed by the rules specified in
Sec. 10.20(j) of this chapter.
(h) All petitions submitted under this section shall include either
a claim for a categorical exclusion under Sec. 25.24 of this chapter or
an environmental assessment under Sec. 25.31 of this chapter.
(i) The data specified under the several lettered headings should be
submitted on separate sheets or sets of sheets, suitably identified. If
such data have already been submitted with an earlier application from
the petitioner, the present petition may incorporate it by specific
reference to the earlier petition.
(j) The petition must be signed by the petitioner or by his attorney
or agent, or (if a corporation) by an authorized official.
(k) The petition shall include a statement signed by the person
responsible for the petition, that to the best of his knowledge, it is a
representative and balanced submission that includes unfavorable
information, as well as favorable information, known to him pertinent to
the evaluation of the petition.
(l) All applicable provisions of part 10--Administrative Practices
and Procedures, may be used by the Commissioner of Food and Drugs, the
petitioner or any outside party with respect to any agency action on the
petition.
(m)(1) Petitions for a new nutrient content claim shall include the
following data and be submitted in the following form.
____________
(Date)
Name of petitioner ____________
Post office address ____________
Subject of the petition ____________
Office of Food Labeling (HFS-150)
Food and Drug Administration,
Department of Health and Human Services,
Washington, DC 20204.
To Whom It May Concern:
The undersigned, -- submits this petition under section 403(r)(4) of
the Federal Food, Drug, and Cosmetic Act (the act) with respect to
(statement of the claim and its proposed use).
Attached hereto and constituting a part of this petition, are the
following:
A. A statement identifying the descriptive term and the nutrient
that the term is intended to characterize with respect to the level of
such nutrient. The statement should address why the use of the term as
proposed will not be misleading. The statement should provide examples
of the nutrient content claim as it will be used on labels or labeling,
as well as the types of foods on which the claim will be used. The
statement shall specify the level at which the nutrient must be present
or what other conditions concerning the food must be met for the use of
the term in labels or labeling to be appropriate, as well as any factors
that would make the use of the term inappropriate.
B. A detailed explanation, supported by any necessary data, of why
use of the food component characterized by the claim is of
[[Page 111]]
importance in human nutrition by virtue of its presence or absence at
the levels that such claim would describe. This explanation shall also
state what nutritional benefit to the public will derive from use of the
claim as proposed, and why such benefit is not available through the use
of existing terms defined by regulation under section 403(r)(2)(A)(i) of
the act. If the claim is intended for a specific group within the
population, the analysis should specifically address nutritional needs
of such group, and should include scientific data sufficient for such
purpose.
C. Analytical data that shows the amount of the nutrient that is the
subject of the claim and that is present in the types of foods for which
the claim is intended. The assays should be performed on representative
samples using the Association of Official Analytical Chemists
International (AOAC International) methods where available. If no AOAC
International method is available, the petitioner shall submit the assay
method used, and data establishing the validity of the method for
assaying the nutrient in the particular food. The validation data should
include a statistical analysis of the analytical and product
variability.
D. A detailed analysis of the potential effect of the use of the
proposed claim on food consumption and of any corresponding changes in
nutrient intake. The latter item shall specifically address the intake
of nutrients that have beneficial and negative consequences in the total
diet. If the claim is intended for a specific group within the
population, the above analysis shall specifically address the dietary
practices of such group and shall include data sufficient to demonstrate
that the dietary analysis is representative of such group.
E. The petitioner is required to submit either a claim for
categorical exclusion under Sec. 25.24 of this chapter or an
environmental assessment under Sec. 25.31 of this chapter.
Yours very truly,
Petitioner ____________
By ____________
(Indicate authority)
(2) Within 15 days of receipt of the petition, the petitioner will
be notified by letter of the date on which the petition was received by
the agency. Such notice will inform the petitioner:
(i) That the petition is undergoing agency review (in which case a
docket number will be assigned to the petition), and the petitioner will
subsequently be notified of the agency's decision to file or deny the
petition; or
(ii) That the petition is incomplete, e.g., it lacks any of the data
required by this part, it presents such data in a manner that is not
readily understood, or it has not been submitted in quadruplicate, in
which case the petition will be denied, and the petitioner will be
notified as to what respect the petition is incomplete.
(3) Within 100 days of the date of receipt of the petition, the
Commissioner of Food and Drugs will notify the petitioner by letter that
the petition has either been filed or denied. If denied, the
notification shall state the reasons therefor. If filed, the date of the
notification letter becomes the date of filing for the purposes of
section 403(r)(4)(A)(i) of the act. A petition that has been denied
shall not be made available to the public. A filed petition shall be
available to the public as provided under paragraph (g) of this section.
(4) Within 90 days of the date of filing the Commissioner of Food
and Drugs will by letter of notification to the petitioner:
(i) Deny the petition; or
(ii) Inform the petitioner that a proposed regulation to provide for
the requested use of the new term will be published in the Federal
Register. The Commissioner of Food and Drugs will publish the proposal
to amend the regulations to provide for the requested use of the
nutrient content claim in the Federal Register within 90 days of the
date of filing. The proposal will also announce the availability of the
petition for public disclosure.
(n)(1) Petitions for a synonymous term shall include the following
data and be submitted in the following form.
____________
(Date)
Name of petitioner ____________
Post office address ____________
Subject of the petition ____________
Office of Food Labeling (HFS-150)
Food and Drug Administration,
Department of Health and Human Services,
Washington, DC 20204.
To Whom It May Concern:
The undersigned, ____________ submits this petition under section
403(r)(4) of the Federal Food, Drug, and Cosmetic Act (the act) with
respect to (statement of the synonymous term and its proposed use in a
nutrient content claim that is consistent with an existing term that has
been defined under section 403(r)(2) of the act).
Attached hereto and constituting a part of this petition, are the
following:
[[Page 112]]
A. A statement identifying the synonymous descriptive term, the
existing term defined by a regulation under section 403(r)(2)(A)(i) of
the act with which the synonymous term is claimed to be consistent. The
statement should address why the proposed synonymous term is consistent
with the term already defined by the agency, and why the use of the
synonymous term as proposed will not be misleading. The statement should
provide examples of the nutrient content claim as it will be used on
labels or labeling, as well as the types of foods on which the claim
will be used. The statement shall specify whether any limitations not
applicable to the use of the defined term are intended to apply to the
use of the synonymous term.
B. A detailed explanation, supported by any necessary data, of why
use of the proposed term is requested, including an explanation of
whether the existing defined term is inadequate for the purpose of
effectively characterizing the level of a nutrient. This item shall also
state what nutritional benefit to the public will derive from use of the
claim as proposed, and why such benefit is not available through the use
of existing term defined by regulation. If the claim is intended for a
specific group within the population, the analysis should specifically
address nutritional needs of such group, and should include scientific
data sufficient for such purpose.
C. The petitioner is required to submit either a claim for
categorical exclusion under Sec. 25.24 of this chapter or an
environmental assessment under Sec. 25.31 of this chapter.
Yours very truly,
Petitioner ____________
By ____________
(Indicate authority)
(2) Within 15 days of receipt of the petition the petitioner will be
notified by letter of the date on which the petition was received. Such
notice will inform the petitioner:
(i) That the petition is undergoing agency review (in which case a
docket number will be assigned to the petition) and the petitioner will
subsequently be notified of the agency's decision to grant the
petitioner permission to use the proposed term or to deny the petition;
or
(ii) That the petition is incomplete, e.g., it lacks any of the data
required by this part, it presents such data in a manner that is not
readily understood, or it has not been submitted in quadruplicate, in
which case the petition will be denied, and the petitioner will be
notified as to what respect the petition is incomplete.
(3) Within 90 days of the date of receipt of the petition that is
accepted for review (i.e., that has not been found to be incomplete and
consequently denied, the Commissioner of Food and Drugs will notify the
petitioner by letter of the agency's decision to grant the petitioner
permission to use the proposed term, with any conditions or limitations
on such use specified, or to deny the petition, in which case the letter
shall state the reasons therefor. Failure of the petition to fully
address the requirements of this section shall be grounds for denial of
the petition.
(4) As soon as practicable following the agency's decision to either
grant or deny the petition, the Commissioner of Food and Drugs will
publish a notice in the Federal Register informing the public of his
decision. If the petition is granted the Food and Drug Administration
will list, the approved synonymous term in the regulations listing terms
permitted for use in nutrient content claims.
(o)(1) Petitions for the use of an implied nutrient content claim in
a brand name shall include the following data and be submitted in the
following form:
____________
(Date)
Name of petitioner ____________
Post office address ____________
Subject of the petition ____________
Office of Food Labeling (HFS-150)
Food and Drug Administration,
Department of Health and Human Services,
Washington, DC 20204.
To Whom It May Concern:
The undersigned, ______________________ submits this petition under
section 403(r)(4) of the Federal Food, Drug, and Cosmetic Act (the act)
with respect to (statement of the implied nutrient content claim and its
proposed use in a brand name).
Attached hereto and constituting a part of this petition, are the
following:
A. A statement identifying the implied nutrient content claim, the
nutrient the claim is intended to characterize, the corresponding term
for characterizing the level of such nutrient as defined by a regulation
under section 403(r)(2)(A)(i) of the act, and the brand name of which
the implied claim is intended to be a part. The statement should address
why the use of the brandname as proposed will not be misleading. It
should address in particular what information is required to accompany
the claim or other ways in which the claim meets the requirements of
sections 201(n) and 403(a) of the act. The
[[Page 113]]
statement should provide examples of the types of foods on which the
brand name will appear. It shall also include data showing that the
actual level of the nutrient in the food qualifies the food to bear the
corresponding term defined by regulation. Assay methods used to
determine the level of a nutrient should meet the requirements stated
under petition format item C in paragraph (k)(1) of this section.
B. A detailed explanation, supported by any necessary data, of why
use of the proposed brand name is requested. This item shall also state
what nutritional benefit to the public will derive from use of the brand
name as proposed. If the branded product is intended for a specific
group within the population, the analysis should specifically address
nutritional needs of such group and should include scientific data
sufficient for such purpose.
C. The petitioner is required to submit either a claim for
categorical exclusion under Sec. 25.24 of this chapter or an
environmental assessment under Sec. 25.31 of this chapter.
Yours very truly,
Petitioner ____________
By ____________
(2) Within 15 days of receipt of the petition the petitioner will be
notified by letter of the date on which the petition was received. Such
notice will inform the petitioner:
(i) That the petition is undergoing agency review (in which case a
docket number will be assigned to the petition); or
(ii) That the petition is incomplete, e.g., it lacks any of the data
required by this part, it presents such data in a manner that is not
readily understood, or it has not been submitted in quadruplicate, in
which case the petition will be denied, and the petitioner will be
notified as to what respect the petition is incomplete.
(3) The Commissioner of Food and Drugs will publish a notice of the
petition in the Federal Register announcing its availability to the
public and seeking comment on the petition. The petition shall be
available to the public to the extent provided under paragraph (g) of
this section. The notice shall allow 30 days for comments.
(4) Within 100 days of the date of receipt of the petition that is
accepted for review (i.e., that has not been found to be incomplete and
subsequently returned to the petitioner), the Commissioner of Food and
Drugs will:
(i) Notify the petitioner by letter of the agency's decision to
grant the petitioner permission to use the proposed brand name if such
use is not misleading, with any conditions or limitations on such use
specified; or
(ii) Deny the petition, in which case the letter shall state the
reasons therefor. Failure of the petition to fully address the
requirements of this section shall be grounds for denial of the
petition. Should the Commissioner of Food and Drugs not notify the
petitioner of his decision on the petition within 100 days, the petition
shall be considered to be granted.
(5) As soon as practicable following the granting of a petition, the
Commissioner of Food and Drugs will publish a notice in the Federal
Register informing the public of such fact.
(Information collection requirements in this section were approved by
the Office of Management and Budget (OMB) and assigned OMB control
number ______)
[58 FR 2413, Jan. 6, 1993; 58 FR 17343, Apr. 2, 1993, as amended at 58
FR 44033, Aug. 18, 1993]
Subpart E--Specific Requirements for Health Claims
Sec. 101.70 Petitions for health claims.
(a) Any interested person may petition the Food and Drug
Administration (FDA) to issue a regulation regarding a health claim. An
original and one copy of the petition shall be submitted, or the
petitioner may submit an original and a computer readable disk
containing the petition. Contents of the disk should be in a standard
format, such as ASCII format. (Petitioners interested in submitting a
disk should contact the Center for Food Safety and Applied Nutrition for
details.) If any part of the material submitted is in a foreign
language, it shall be accompanied by an accurate and complete English
translation. The petition shall state the petitioner's post office
address to which any correspondence required by section 403 of the
Federal Food, Drug, and Cosmetic Act may be sent.
(b) Pertinent information may be incorporated in, and will be
considered as part of, a petition on the basis of specific reference to
such information submitted to and retained in the files of
[[Page 114]]
FDA. Such information may include any findings, along with the basis of
the findings, of an outside panel with expertise in the subject area.
Any reference to published information shall be accompanied by reprints,
or easily readable copies of such information.
(c) If nonclinical laboratory studies are included in a petition,
the petition shall include, with respect to each nonclinical study
contained in the petition, either a statement that the study has been
conducted in compliance with the good laboratory practice regulations as
set forth in part 58 of this chapter, or, if any such study was not
conducted in compliance with such regulations, a brief statement of the
reason for the noncompliance.
(d) If clinical or other human investigations are included in a
petition, the petition shall include a statement that they were either
conducted in compliance with the requirements for institutional review
set forth in part 56 of this chapter, or were not subject to such
requirements in accordance with Sec. 56.104 or Sec. 56.105, and a
statement that they were conducted in compliance with the requirements
for informed consent set forth in part 50 of this chapter.
(e) All data and information in a health claim petition are
available for public disclosure after the notice of filing of petition
is issued to the petitioner, except that clinical investigation reports,
adverse reaction reports, product experience reports, consumer
complaints, and other similar data and information shall only be
available after deletion of:
(1) Names and any information that would identify the person using
the product.
(2) Names and any information that would identify any third party
involved with the report, such as a physician or hospital or other
institution.
(f) Petitions for a health claim shall include the following data
and be submitted in the following form:
____________
(Date)
Name of petitioner ____________
Post office address ____________
Subject of the petition ____________
Food and Drug Administration,
Office of Food Labeling (HFS-150),
200 C St. SW.,
Washington, DC 20204,
The undersigned, __________________ submits this petition pursuant
to section 403(r)(4) or 403(r)(5)(D) of the Federal Food, Drug, and
Cosmetic Act with respect to (statement of the substance and its health
claim).
Attached hereto, and constituting a part of this petition, are the
following:
A. Preliminary requirements. A complete explanation of how the
substance conforms to the requirements of Sec. 101.14(b) (21 CFR
101.14(b)). For petitions where the subject substance is a food
ingredient or a component of a food ingredient, the petitioner should
compile a comprehensive list of the specific ingredients that will be
added to the food to supply the substance in the food bearing the health
claim. For each such ingredient listed, the petitioner should state how
the ingredient complies with the requirements of Sec. 101.14(b)(3)(ii),
e.g., that its use is generally recognized as safe (GRAS), listed as a
food additive, or authorized by a prior sanction issued by the agency,
and what the basis is for the GRAS claim, the food additive status, or
prior sanctioned status.
B. Summary of scientific data. The summary of scientific data
provides the basis upon which authorizing a health claim can be
justified as providing the health benefit. The summary must establish
that, based on the totality of publicly available scientific evidence
(including evidence from well-designed studies conducted in a manner
which is consistent with generally recognized scientific procedures and
principles), there is significant scientific agreement among experts
qualified by scientific training and experience to evaluate such claims,
that the claim is supported by such evidence.
The summary shall state what public health benefit will derive from
use of the claim as proposed. If the claim is intended for a specific
group within the population, the summary shall specifically address
nutritional needs of such group and shall include scientific data
showing how the claim is likely to assist in meeting such needs.
The summary shall concentrate on the findings of appropriate review
articles, National Institutes of Health consensus development
conferences, and other appropriate resource materials. Issues addressed
in the summary shall include answers to such questions as:
1. Is there an optimum level of the particular substance to be
consumed beyond which no benefit would be expected?
2. Is there any level at which an adverse effect from the substance
or from foods containing the substance occurs for any segment of the
population?
3. Are there certain populations that must receive special
consideration?
4. What other nutritional or health factors (both positive and
negative) are important to consider when consuming the substance?
[[Page 115]]
In addition, the summary of scientific data shall include a detailed
analysis of the potential effect of the use of the proposed claim on
food consumption, specifically any change due to significant alterations
in eating habits and corresponding changes in nutrient intake resulting
from such changes in food consumption. The latter item shall
specifically address the effect on the intake of nutrients that have
beneficial and negative consequences in the total diet.
If the claim is intended for a significant subpopulation within the
general U.S. population, the analysis shall specifically address the
dietary practices of such group, and shall include data sufficient to
demonstrate that the dietary analysis is representative of such group
(e.g., adolescents or the elderly).
If appropriate, the petition shall explain the prevalence of the
disease or health-related condition in the U.S. population and the
relevance of the claim in the context of the total daily diet.
Also, the summary shall demonstrate that the substance that is the
subject of the proposed claim conforms to the definition of the term
``substance'' in Sec. 101.14(a)(2).
C. Analytical data that show the amount of the substance that is
present in representative foods that would be candidates to bear the
claim should be obtained from representative samples using methods from
the Association of Official Analytical Chemists (AOAC), where available.
If no AOAC method is available, the petitioner shall submit the assay
method used and data establishing the validity of the method for
assaying the substance in food. The validation data should include a
statistical analysis of the analytical and product variability.
D. Model health claim. One or more model health claims that
represent label statements that may be used on a food label or in
labeling for a food to characterize the relationship between the
substance in a food to a disease or health-related condition that is
justified by the summary of scientific data provided in section C of the
petition. The model health claim shall include:
1. A brief capsulized statement of the relevant conclusions of the
summary, and
2. A statement of how this substance helps the consumer to attain a
total dietary pattern or goal associated with the health benefit that is
provided.
E. The petition shall include the following attachments:
1. Copies of any computer literature searches done by the petitioner
(e.g., Medline).
2. Copies of articles cited in the literature searches and other
information as follows:
a. All information relied upon for the support of the health claim,
including copies of publications or other information cited in review
articles and used to perform meta-analyses.
b. All information concerning adverse consequences to any segment of
the population (e.g., sensitivity to the substance).
c. All information pertaining to the U.S. population.
F. The petitioner is required to submit either a claim for
categorical exclusion under Sec. 25.24 of this chapter or an
environmental assessment under Sec. 25.31 of this chapter.
Yours very truly,
Petitioner ____________
By ____________
(Indicate authority)
(g) The data specified under the several lettered headings should be
submitted on separate pages or sets of pages, suitably identified. If
such data have already been submitted with an earlier application from
the petitioner or any other final petition, the present petition may
incorporate it by specific reference to the earlier petition.
(h) The petition shall include a statement signed by the person
responsible for the petition that, to the best of his/her knowledge, it
is a representative and balanced submission that includes unfavorable
information as well as favorable information, known to him/her to be
pertinent to the evaluation of the proposed health claim.
(i) The petition shall be signed by the petitioner or by his/her
attorney or agent, or (if a corporation) by an authorized official.
(j) Agency action on the petition. (1) Within 15 days of receipt of
the petition, the petitioner will be notified by letter of the date on
which the petition was received. Such notice will inform the petitioner
that the petition is undergoing agency review and that the petitioner
will subsequently be notified of the agency's decision to file for
comprehensive review or deny the petition.
(2) Within 100 days of the date of receipt of the petition, FDA will
notify the petitioner by letter that the petition has either been filed
for comprehensive review or denied. The agency will deny a petition
without reviewing the information contained in B. Summary of Scientific
Data if the information in A. Preliminary Requirements is inadequate in
explaining how the substance conforms to the requirements of
Sec. 101.14(b). If the petition is denied, the notification will state
the reasons therefor, including justification of the rejection of any
report from
[[Page 116]]
an authoritative scientific body of the U.S. Government. If filed, the
date of the notification letter becomes the date of filing for the
purposes of this regulation. A petition that has been denied without
filing will not be made available to the public. A filed petition will
be available to the public to the extent provided under paragraph (e) of
this section.
(3) Within 90 days of the date of filing, FDA will by letter of
notification to the petitioner:
(i) Deny the petition, or
(ii) Inform the petitioner that a proposed regulation to provide for
the requested use of the health claim will be published in the Federal
Register. If the petition is denied, the notification will state the
reasons therefor, including justification for the rejection of any
report from an authoritative scientific body of the U.S. Government. FDA
will publish the proposal to amend the regulations to provide for the
requested use of the health claim in the Federal Register within 90 days
of the date of filing. The proposal will also announce the availability
of the petition for public review.
[58 FR 2534, Jan. 6, 1993; 58 FR 17097, Apr. 1, 1993, as amended at 59
FR 425, Jan. 4, 1994]
Sec. 101.71 Health claims: claims not authorized.
Health claims not authorized for foods in conventional food form or
for dietary supplements of vitamins, minerals, herbs, or other similar
substances:
(a) Dietary fiber and cancer.
(b) Dietary fiber and cardiovascular disease.
(c) Antioxidant vitamins and cancer.
(d) Zinc and immune function in the elderly.
(e) Omega-3 fatty acids and coronary heart disease.
[58 FR 2534, Jan. 6, 1993, as amended at 58 FR 2548, 2578, 2620, 2639,
2664, 2714, Jan. 6, 1993; 58 FR 17100, Apr. 1, 1993; 59 FR 437, Jan. 4,
1994]
Sec. 101.72 Health claims: calcium and osteoporosis.
(a) Relationship between calcium and osteoporosis. An inadequate
calcium intake contributes to low peak bone mass and has been identified
as one of many risk factors in the development of osteoporosis. Peak
bone mass is the total quantity of bone present at maturity, and experts
believe that it has the greatest bearing on whether a person will be at
risk of developing osteoporosis and related bone fractures later in
life. Another factor that influences total bone mass and susceptibility
to osteoporosis is the rate of bone loss after skeletal maturity. An
adequate intake of calcium is thought to exert a positive effect during
adolescence and early adulthood in optimizing the amount of bone that is
laid down. However, the upper limit of peak bone mass is genetically
determined. The mechanism through which an adequate calcium intake and
optimal peak bone mass reduce the risk of osteoporosis is thought to be
as follows. All persons lose bone with age. Hence, those with higher
bone mass at maturity take longer to reach the critically reduced mass
at which bones can fracture easily. The rate of bone loss after skeletal
maturity also influences the amount of bone present at old age and can
influence an individual's risk of developing osteoporosis. Maintenance
of an adequate intake of calcium later in life is thought to be
important in reducing the rate of bone loss particularly in the elderly
and in women during the first decade following menopause.
(b) Significance of calcium. Calcium intake is not the only
recognized risk factor in the development of osteoporosis, a
multifactorial bone disease. Other factors including a person's sex,
race, hormonal status, family history, body stature, level of exercise,
general diet, and specific life style choices such as smoking and excess
alcohol consumption affect the risk of osteoporosis.
(1) Heredity and being female are two key factors identifying those
individuals at risk for the development of osteoporosis. Hereditary risk
factors include race: Notably, Caucasians and Asians are characterized
by low peak bone mass at maturity. Caucasian women, particularly those
of northern European ancestry, experience the highest incidence of
osteoporosis-related bone fracture. American women of African heritage
are characterized by the highest peak bone mass and lowest
[[Page 117]]
incidence of osteoporotic fracture, despite the fact that they have low
calcium intake.
(2) Maintenance of an adequate intake of calcium throughout life is
particularly important for a subpopulation of individuals at greatest
risk of developing osteoporosis and for whom adequate dietary calcium
intake may have the most important beneficial effects on bone health.
This target subpopulation includes adolescent and young adult Caucasian
and Asian American women.
(c) Requirements. (1) All requirements set forth in Sec. 101.14
shall be met.
(2) Specific requirements. (i) Nature of the claim. A health claim
associating calcium with a reduced risk of osteoporosis may be made on
the label or lableing of a food describe in paragraph (c)(2)(ii) of this
section, provided that:
(A) The claim makes clear that adequate calcium intake throughout
life is not the only recognized risk factor in this multifactorial bone
disease by listing specific factors, including sex, race, and age that
place persons at risk of developing osteoporosis and stating that an
adequate level of exercise and a healthful diet are also needed;
(B) The claim does not state or imply that the risk of osteoporosis
is equally applicable to the general United States population. The claim
shall identify the populations at particular risk for the development of
osteoporosis. These populations include white (or the term
``Caucasian'') women and Asian women in their bone forming years
(approximately 11 to 35 years of age or the phrase ``during teen or
early adult years'' may be used). The claim may also identify menopausal
(or the term ``middle-aged'') women, persons with a family history of
the disease, and elderly (or ``older'') men and women as being at risk;
(C) The claim states that adequate calcium intake throughout life is
linked to reduced risk of osteoporosis through the mechanism of
optimizing peak bone mass during adolescence and early adulthood. The
phrase ``build and maintain good bone health'' may be used to convey the
concept of optimizing peak bone mass. When reference is made to persons
with a family history of the disease, menopausal women, and elderly men
and women, the claim may also state that adequate calcium intake is
linked to reduced risk of osteoporosis through the mechanism of slowing
the rate of bone loss;
(D) The claim does not attribute any degree of reduction in risk of
osteoporosis to maintaining an adequate calcium intake throughout life;
and
(E) The claim states that a total dietary intake greater than 200
percent of the recommended daily intake (2,000 milligrams (mg) of
calcium) has no further known benefit to bone health. This requirement
does not apply to foods that contain less than 40 percent of the
recommended daily intake of 1,000 mg of calcium per day or 400 mg of
calcium per reference amount customarily consumed as defined in
Sec. 101.12 (b) or per total daily recommended supplement intake.
(ii) Nature of the food. (A) The food shall meet or exceed the
requirements for a ``high'' level of calcium as defined in
Sec. 101.54(b);
(B) The calcium content of the product shall be assimilable;
(C) Dietary supplements shall meet the United States Pharmacopeia
(U.S.P.) standards for disintegration and dissolution applicable to
their component calcium salts, except that dietary supplements for which
no U.S.P. standards exist shall exhibit appropriate assimilability under
the conditions of use stated on the product label;
(D) A food or total daily recommended supplement intake shall not
contain more phosphorus than calcium on a weight per weight basis.
(d) Optional information. (1) The claim may include information from
paragraphs (a) and (b) of this section.
(2) The claim may include information on the number of people in the
United States who have osteoporosis. The sources of this information
must be identified, and it must be current information from the National
Center for Health Statistics, the National Institutes of Health, or
``Dietary Guidelines for Americans.''
(e) Model health claim. The following model health claims may be
used in
[[Page 118]]
food labeling to describe the relationship between calcium and
osteoporosis:
Model Health Claim Appropriate for Most Conventional Foods:
Regular exercise and a healthy diet with enough calcium helps teen
and young adult white and Asian women maintain good bone health and may
reduce their high risk of osteoporosis later in life.
Model Health Claim Appropriate for Foods Exceptionally High in Calcium
and Most Calcium Supplements:
Regular exercise and a healthy diet with enough calcium helps teen
and young adult white and Asian women maintain good bone health and may
reduce their high risk of osteoporosis later in life. Adequate calcium
intake is important, but daily intakes above about 2,000 mg are not
likely to provide any additional benefit.
[58 FR 2676, Jan. 6, 1993; 58 FR 17101, Apr. 1, 1993; 62 FR 15342, Mar.
31, 1997]
Sec. 101.73 Health claims: dietary lipids and cancer.
(a) Relationship between fat and cancer. (1) Cancer is a
constellation of more than 100 different diseases, each characterized by
the uncontrolled growth and spread of abnormal cells. Cancer has many
causes and stages in its development. Both genetic and environmental
risk factors may affect the risk of cancer. Risk factors include a
family history of a specific type of cancer, cigarette smoking, alcohol
consumption, overweight and obesity, ultraviolet or ionizing radiation,
exposure to cancer-causing chemicals, and dietary factors.
(2) Among dietary factors, the strongest positive association has
been found between total fat intake and risk of some types of cancer.
Based on the totality of the publicly available scientific evidence,
there is significant scientific agreement among experts, qualified by
training and experience to evaluate such evidence, that diets high in
total fat are associated with an increased cancer risk. Research to
date, although not conclusive, demonstrates that the total amount of
fats, rather than any specific type of fat, is positively associated
with cancer risk. The mechanism by which total fat affects cancer has
not yet been established.
(3) A question that has been the subject of considerable research is
whether the effect of fat on cancer is site-specific. Neither human nor
animal studies are consistent in the association of fat intake with
specific cancer sites.
(4) Another question that has been raised is whether the association
of total fat intake to cancer risk is independently associated with
energy intakes, or whether the association of fat with cancer risk is
the result of the higher energy (caloric) intake normally associated
with high fat intake. FDA has concluded that evidence from both animal
and human studies indicates that total fat intake alone, independent of
energy intake, is associated with cancer risk.
(b) Significance of the relationship between fat intake and risk of
cancer. (1) Cancer is ranked as a leading cause of death in the United
States. The overall economic costs of cancer, including direct health
care costs and losses due to morbidity and mortality, are very high.
(2) U.S. diets tend to be high in fat and high in calories. The
average U.S. diet is estimated to contain 36 to 37 percent of calories
from total fat. Current dietary guidelines from the Federal Government
and other national health professional organizations recommend that
dietary fat intake be reduced to a level of 30 percent or less of energy
(calories) from total fat. In order to reduce intake of total fat,
individuals should choose diets which are high in vegetables, fruits,
and grain products (particularly whole grain products), choose lean cuts
of meats, fish, and poultry, substitute low-fat dairy products for
higher fat products, and use fats and oils sparingly.
(c) Requirements. (1) All requirements set forth in Sec. 101.14
shall be met.
(2) Specific requirements. (i) Nature of the claim. A health claim
associating diets low in fat with reduced risk of cancer may be made on
the label or labeling of a food described in paragraph (c)(2)(ii) of
this section, provided that:
(A) The claim states that diets low in fat ``may'' or ``might''
reduce the risk of some cancers;
(B) In specifying the disease, the claim uses the following terms:
``some types of cancer'' or ``some cancers'';
[[Page 119]]
(C) In specifying the nutrient, the claim uses the term ``total
fat'' or ``fat'';
(D) The claim does not specify types of fat or fatty acid that may
be related to the risk of cancer;
(E) The claim does not attribute any degree of cancer risk reduction
to diets low in fat; and
(F) The claim indicates that the development of cancer depends on
many factors.
(ii) Nature of the food. The food shall meet all of the nutrient
content requirements of Sec. 101.62 for a ``low fat'' food; except that
fish and game meats (i.e., deer, bison, rabbit, quail, wild turkey,
geese, ostrich) may meet the requirements for ``extra lean'' in
Sec. 101.62.
(d) Optional information. (1) The claim may identify one or more of
the following risk factors for development of cancer: Family history of
a specific type of cancer, cigarette smoking, alcohol consumption,
overweight and obesity, ultraviolet or ionizing radiation, exposure to
cancer-causing chemicals, and dietary factors.
(2) The claim may include information from paragraphs (a) and (b) of
this section which summarize the relationship between dietary fat and
cancer and the significance of the relationship.
(3) The claim may indicate that it is consistent with ``Nutrition
and Your Health: Dietary Guidelines for Americans,'' U.S. Department of
Agriculture (USDA) and Department of Health and Human Services (DHHS),
Government Printing Office.
(4) The claim may include information on the number of people in the
United States who have cancer. The sources of this information must be
identified, and it must be current information from the National Center
for Health Statistics, the National Institutes of Health, or ``Nutrition
and Your Health: Dietary Guidelines for Americans,'' USDA and DHHS,
Government Printing Office.
(e) Model health claims. The following model health claims may be
used in food labeling to describe the relationship between dietary fat
and cancer:
(1) Development of cancer depends on many factors. A diet low in
total fat may reduce the risk of some cancers.
(2) Eating a healthful diet low in fat may help reduce the risk of
some types of cancers. Development of cancer is associated with many
factors, including a family history of the disease, cigarette smoking,
and what you eat.
[58 FR 2801, Jan. 6, 1993; 58 FR 17343, Apr. 2, 1993]
Sec. 101.74 Health claims: sodium and hypertension.
(a) Relationship between sodium and hypertension (high blood
pressure). (1) Hypertension, or high blood pressure, generally means a
systolic blood pressure of greater than 140 millimeters of mercury (mm
Hg) or a diastolic blood pressure of greater than 90 mm Hg.
Normotension, or normal blood pressure, is a systolic blood pressure
below 140 mm Hg and diastolic blood pressure below 90 mm Hg. Sodium is
specified here as the chemical entity or electrolyte ``sodium'' and is
distinguished from sodium chloride, or salt, which is 39 percent sodium
by weight.
(2) The scientific evidence establishes that diets high in sodium
are associated with a high prevalence of hypertension or high blood
pressure and with increases in blood pressure with age, and that diets
low in sodium are associated with a low prevalence of hypertension or
high blood pressure and with a low or no increase of blood pressure with
age.
(b) Significance of sodium in relation to high blood pressure. (1)
High blood pressure is a public health concern primarily because it is a
major risk factor for mortality from coronary heart disease and stroke.
Early management of high blood pressure is a major public health goal
that can assist in reducing mortality associated with coronary heart
disease and stroke. There is a continuum of mortality risk that
increases as blood pressures rise. Individuals with high blood pressure
are at greatest risk, and individuals with moderately high, high normal,
and normal blood pressure are at steadily decreasing risk. The
scientific evidence indicates that reducing sodium intake lowers blood
pressure and associated risks in many but not all hypertensive
individuals. There is also evidence that reducing sodium intake lowers
blood pressure and associated risks in many
[[Page 120]]
but not all normotensive individuals as well.
(2) The populations at greatest risk for high blood pressure, and
those most likely to benefit from sodium reduction, include those with
family histories of high blood pressure, the elderly, males because they
develop hypertension earlier in life than females, and black males and
females. Although some population groups are at greater risk than
others, high blood-pressure is a disease of public health concern for
all population groups. Sodium intake, alcohol consumption, and obesity
are identified risk factors for high blood pressure.
(3) Sodium intakes exceed recommended levels in almost every group
in the United States. One of the major public health recommendations
relative to high blood pressure is to decrease consumption of salt. On a
population-wide basis, reducing the average sodium intake would have a
small but significant effect on reducing the average blood pressure,
and, consequently, reducing mortality from coronary heart disease and
stroke.
(4) Sodium is an essential nutrient, and experts have recommended a
safe minimum level of 500 milligrams (mg) sodium per day and an upper
level of 2,400 mg sodium per day, the FDA Daily Value for sodium.
(c) Requirements. (1) All requirements set forth in Sec. 101.14
shall be met.
(2) Specific requirements. (i) Nature of the claim. A health claim
associating diets low in sodium with reduced risk of high blood pressure
may be made on the label or labeling of a food described in paragraph
(c)(2)(ii) of this section, provided that:
(A) The claim states that diets low in sodium ``may'' or ``might''
reduce the risk of high blood pressure;
(B) In specifying the disease, the claim uses the term ``high blood
pressure'';
(C) In specifying the nutrient, the claim uses the term ``sodium'';
(D) The claim does not attribute any degree of reduction in risk of
high blood pressure to diets low in sodium; and
(E) The claim indicates that development of high blood pressure
depends on many factors.
(ii) Nature of the food. The food shall meet all of the nutrient
content requirements of Sec. 101.61 for a ``low sodium'' food.
(d) Optional information. (1) The claim may identify one or more of
the following risk factors for development of high blood pressure in
addition to dietary sodium consumption: Family history of high blood
pressure, growing older, alcohol consumption, and excess weight.
(2) The claim may include information from paragraphs (a) and (b) of
this section, which summarizes the relationship between dietary sodium
and high blood pressure and the significance of the relationship.
(3) The claim may include information on the number of people in the
United States who have high blood pressure. The sources of this
information must be identified, and it must be current information from
the National Center for Health Statistics, the National Institutes of
Health, or ``Nutrition and Your Health: Dietary Guidelines for
Americans,'' U.S. Department of Health and Human Services (DHHS) and
U.S. Department of Argiculture (USDA), Government Printing Office.
(4) The claim may indicate that it is consistent with ``Nutrition
and Your Health: U.S. Dietary Guidelines for Americans, DHHS and USDA,
Government Printing Office.
(5) In specifying the nutrient, the claim may include the term
``salt'' in addition to the term ``sodium.''
(6) In specifying the disease, the claim may include the term
``hypertension'' in addition to the term ``high blood pressure.''
(7) The claim may state that individuals with high blood pressure
should consult their physicians for medical advice and treatment. If the
claim defines high or normal blood pressure, then the health claim must
state that individuals with high blood pressure should consult their
physicians for medical advice and treatment.
(e) Model health claims. The following are model health claims that
may be used in food labeling to describe the relationship between
dietary sodium and high blood pressure:
[[Page 121]]
(1) Diets low in sodium may reduce the risk of high blood pressure,
a disease associated with many factors.
(2) Development of hypertension or high blood pressure depends on
many factors. [This product] can be part of a low sodium, low salt diet
that might reduce the risk of hypertension or high blood pressure.
[58 FR 2836, Jan. 6, 1993; 58 FR 17100, Apr. 1, 1993]
Sec. 101.75 Health claims: dietary saturated fat and cholesterol and
risk of coronary heart disease.
(a) Relationship between dietary saturated fat and cholesterol and
risk of coronary heart disease. (1) Cardiovascular disease means
diseases of the heart and circulatory system. Coronary heart disease is
the most common and serious form of cardiovascular disease and refers to
diseases of the heart muscle and supporting blood vessels. High blood
total- and low density lipoprotein (LDL)- cholesterol levels are major
modifiable risk factors in the development of coronary heart disease.
High coronary heart disease rates occur among people with high blood
cholesterol levels of 240 milligrams/decaliter (mg/dL) (6.21 millimoles
per liter (mmol/L)) or above and LDL-cholesterol levels of 160 mg/dL
(4.13 mmol/L) or above. Borderline high risk blood cholesterol levels
range from 200 to 239 mg/dL (5.17 to 6.18 mmol/L) and 130 to 159 mg/dL
(3.36 to 4.11 mmol/L) of LDL-cholesterol. Dietary lipids (fats) include
fatty acids and cholesterol. Total fat, commonly referred to as fat, is
composed of saturated fat (fatty acids containing no double bonds), and
monounsaturated and polyunsaturated fat (fatty acids containing one or
more double bonds).
(2) The scientific evidence establishes that diets high in saturated
fat and cholesterol are associated with increased levels of blood total-
and LDL-cholesterol and, thus, with increased risk of coronary heart
disease. Diets low in saturated fat and cholesterol are associated with
decreased levels of blood total- and LDL-cholesterol, and thus, with
decreased risk of developing coronary heart disease.
(b) Significance of the relationship between dietary saturated fat
and cholesterol and risk of coronary heart disease. (1) Coronary heart
disease is a major public health concern in the United States, primarily
because it accounts for more deaths than any other disease or group of
diseases. Early management of risk factors for coronary heart disease is
a major public health goal that can assist in reducing risk of coronary
heart disease. There is a continuum of mortality risk from coronary
heart disease that increases with increasing levels of blood LDL-
cholesterol. Individuals with high blood LDL-cholesterol are at greatest
risk. A larger number of individuals with more moderately elevated
cholesterol also have increased risk of coronary events; such
individuals comprise a substantial proportion of the adult U.S.
population. The scientific evidence indicates that reducing saturated
fat and cholesterol intakes lowers blood LDL-cholesterol and risk of
heart disease in most individuals. There is also evidence that reducing
saturated fat and cholesterol intakes in persons with blood cholesterol
levels in the normal range also reduces risk of heart disease.
(2) Other risk factors for coronary heart disease include a family
history of heart disease, high blood pressure, diabetes, cigarette
smoking, obesity (body weight 30 percent greater than ideal body
weight), and lack of regular physical exercise.
(3) Intakes of saturated fat exceed recommended levels in many
people in the United States. Intakes of cholesterol are, on average, at
or above recommended levels. One of the major public health
recommendations relative to coronary heart disease risk is to consume
less than 10 percent of calories from saturated fat, and an average of
30 percent or less of total calories from all fat. Recommended daily
cholesterol intakes are 300 mg or less per day.
(c) Requirements. (1) All requirements set forth in Sec. 101.14
shall be met.
(2) Specific requirements. (i) Nature of the claim. A health claim
associating diets low in saturated fat and cholesterol with reduced risk
of coronary heart disease may be made on the label
[[Page 122]]
or labeling of a food described in paragraph (c)(2)(ii) of this section
provided that:
(A) The claim states that diets low in saturated fat and cholesterol
``may'' or ``might'' reduce the risk of heart disease;
(B) In specifying the disease, the claim uses the terms ``heart
disease'' or ``coronary heart disease;''
(C) In specifying the nutrient, the claim uses the terms ``saturated
fat'' and ``cholesterol'' and lists both;
(D) The claim does not attribute any degree of risk reduction for
coronary heart disease to diets low in dietary saturated fat and
cholesterol; and
(E) The claim states that coronary heart disease risk depends on
many factors.
(ii) Nature of the food. The food shall meet all of the nutrient
content requirements of Sec. 101.62 for a ``low saturated fat,'' ``low
cholesterol,'' and ``low fat'' food; except that fish and game meats
(i.e., deer, bison, rabbit, quail, wild turkey, geese, and ostrich) may
meet the requirements for ``extra lean'' in Sec. 101.62.
(d) Optional information. (1) The claim may identify one or more of
the following risk factors in addition to saturated fat and cholesterol
about which there is general scientific agreement that they are major
risk factors for this disease: A family history of coronary heart
disease, elevated blood total and LDL-cholesterol, excess body weight,
high blood pressure, cigarette smoking, diabetes, and physical
inactivity.
(2) The claim may indicate that the relationship of saturated fat
and cholesterol to heart disease is through the intermediate link of
``blood cholesterol'' or ``blood total- and LDL cholesterol.''
(3) The claim may include information from paragraphs (a) and (b) of
this section, which summarize the relationship between dietary saturated
fat and cholesterol and risk of coronary heart disease, and the
significance of the relationship.
(4) In specifying the nutrients, the claim may include the term
``total fat'' in addition to the terms ``saturated fat'' and
``cholesterol''.
(5) The claim may include information on the number of people in the
United States who have coronary heart disease. The sources of this
information shall be identified, and it shall be current information
from the National Center for Health Statistics, the National Institutes
of Health, or ``Nutrition and Your Health: Dietary Guidelines for
Americans,'' U.S. Department of Health and Human Services (DHHS) and
U.S. Department of Agriculture (USDA), Government Printing Office.
(6) The claim may indicate that it is consistent with ``Nutrition
and Your Health: Dietary Guidelines for Americans,'' DHHS and USDA,
Government Printing Office.
(7) The claim may state that individuals with elevated blood total-
or LDL-cholesterol should consult their physicians for medical advice
and treatment. If the claim defines high or normal blood total- or LDL-
cholesterol levels, then the claim shall state that individuals with
high blood cholesterol should consult their physicians for medical
advice and treatment.
(e) Model health claims.The following are model health claims that
may be used in food labeling to describe the relationship between
dietary saturated fat and cholesterol and risk of heart disease:
(1) While many factors affect heart disease, diets low in saturated
fat and cholesterol may reduce the risk of this disease;
(2) Development of heart disease depends upon many factors, but its
risk may be reduced by diets low in saturated fat and cholesterol and
healthy lifestyles;
(3) Development of heart disease depends upon many factors,
including a family history of the disease, high blood LDL-cholesterol,
diabetes, high blood pressure, being overweight, cigarette smoking, lack
of exercise, and the type of dietary pattern. A healthful diet low in
saturated fat, total fat, and cholesterol, as part of a healthy
lifestyle, may lower blood cholesterol levels and may reduce the risk of
heart disease;
(4) Many factors, such as a family history of the disease, increased
blood- and LDL-cholesterol levels, high blood pressure, cigarette
smoking, diabetes,
[[Page 123]]
and being overweight, contribute to developing heart disease. A diet low
in saturated fat, cholesterol, and total fat may help reduce the risk of
heart disease; and
(5) Diets low in saturated fat, cholesterol, and total fat may
reduce the risk of heart disease. Heart disease is dependent upon many
factors, including diet, a family history of the disease, elevated blood
LDL-cholesterol levels, and physical inactivity.
[58 FR 2757, Jan. 6, 1993]
Sec. 101.76 Health claims: fiber-containing grain products, fruits, and
vegetables and cancer.
(a) Relationship between diets low in fat and high in fiber-
containing grain products, fruits, and vegetables and cancer risk. (1)
Cancer is a constellation of more than 100 different diseases, each
characterized by the uncontrolled growth and spread of abnormal cells.
Cancer has many causes and stages in its development. Both genetic and
environmental risk factors may affect the risk of cancer. Risk factors
include: A family history of a specific type of cancer, cigarette
smoking, overweight and obesity, alcohol consumption, ultraviolet or
ionizing radiation, exposure to cancer-causing chemicals, and dietary
factors.
(2) The scientific evidence establishes that diets low in fat and
high in fiber-containing grain products, fruits, and vegetables are
associated with a reduced risk of some types of cancer. Although the
specific role of total dietary fiber, fiber components, and the multiple
nutrients and other substances contained in these foods are not yet
fully understood, many studies have shown that diets low in fat and high
in fiber-containing foods are associated with reduced risk of some types
of cancer.
(b) Significance of the relationship between consumption of diets
low in fat and high in fiber-containing grain products, fruits, and
vegetables and risk of cancer. (1) Cancer is ranked as a leading cause
of death in the United States. The overall economic costs of cancer,
including direct health care costs and losses due to morbidity and
mortality, are very high.
(2) U.S. diets tend to be high in fat and low in grain products,
fruits, and vegetables. Studies in various parts of the world indicate
that populations who habitually consume a diet high in plant foods have
lower risks of some cancers. These diets generally are low in fat and
rich in many nutrients, including, but not limited to, dietary fiber.
Current dietary guidelines from Federal government agencies and
nationally recognized health professional organizations recommend
decreased consumption of fats (less than 30 percent of calories),
maintenance of desirable body weight, and increased consumption of
fruits and vegetables (five or more servings daily), and grain products
(six or more servings daily).
(c) Requirements. (1) All requirements set forth in Sec. 101.14
shall be met.
(2) Specific requirements. (i) Nature of the claim. A health claim
associating diets low in fat and high in fiber-containing grain
products, fruits, and vegetables with reduced risk of cancer may be made
on the label or labeling of a food described in paragraph (c)(2)(ii) of
this section, provided that:
(A) The claim states that diets low in fat and high in fiber-
containing grain products, fruits, and vegetables ``may'' or ``might''
reduce the risk of some cancers;
(B) In specifying the disease, the claim uses the following terms:
``some types of cancer,'' or ``some cancers'';
(C) The claim is limited to grain products, fruits, and vegetables
that contain dietary fiber;
(D) The claim indicates that development of cancer depends on many
factors;
(E) The claim does not attribute any degree of cancer risk reduction
to diets low in fat and high in fiber-containing grain products, fruits,
and vegetables;
(F) In specifying the dietary fiber component of the labeled food,
the claim uses the term ``fiber'', ``dietary fiber'' or ``total dietary
fiber''; and
(G) The claim does not specify types of dietary fiber that may be
related to risk of cancer.
(ii) Nature of the food. (A) The food shall be or shall contain a
grain product, fruit, or vegetable.
[[Page 124]]
(B) The food shall meet the nutrient content requirements of
Sec. 101.62 for a ``low fat'' food.
(C) The food shall meet, without fortification, the nutrient content
requirements of Sec. 101.54 for a ``good source'' of dietary fiber.
(d) Optional information. (1) The claim may include information from
paragraphs (a) and (b) of this section, which summarize the relationship
between diets low in fat and high in fiber-containing grain products,
fruits, and vegetables, and some types of cancer and the significance of
the relationship.
(2) The claim may identify one or more of the following risk factors
for development of cancer: Family history of a specific type of cancer,
cigarette smoking, overweight and obesity, alcohol consumption,
ultraviolet or ionizing radiation, exposure to cancer causing chemicals,
and dietary factors.
(3) The claim may indicate that it is consistent with ``Nutrition
and Your Health: Dietary Guidelines for Americans,'' U.S. Department of
Agriculture (USDA) and Department of Health and Human Services (DHHS),
Government Printing Office.
(4) The claim may include information on the number of people in the
United States who have cancer. The sources of this information must be
identified, and it must be current information from the National Center
for Health Statistics, the National Institutes of Health, or ``Nutrition
and Your Health: Dietary Guidelines for Americans,'' USDA and DHHS,
Government Printing Office.
(e) Model health claims. The following model health claims may be
used in food labeling to characterize the relationship between diets low
in fat and high in fiber-containing grain products, fruits, and
vegetables and cancer risk:
(1) Low fat diets rich in fiber-containing grain products, fruits,
and vegetables may reduce the risk of some types of cancer, a disease
associated with many factors.
(2) Development of cancer depends on many factors. Eating a diet low
in fat and high in grain products, fruits, and vegetables that contain
dietary fiber may reduce your risk of some cancers.
[58 FR 2548, Jan. 6, 1993]
Sec. 101.77 Health claims: fruits, vegetables, and grain products that
contain fiber, particularly soluble fiber, and risk of
coronary heart disease.
(a) Relationship between diets low in saturated fat and cholesterol
and high in fruits, vegetables, and grain products that contain fiber,
particularly soluble fiber, and risk of coronary heart disease. (1)
Cardiovascular disease means diseases of the heart and circulatory
system. Coronary heart disease is the most common and serious form of
cardiovascular disease and refers to diseases of the heart muscle and
supporting blood vessels. High blood total- and low density lipoprotein
(LDL)- cholesterol levels are major modifiable risk factors in the
development of coronary heart disease. High coronary heart disease rates
occur among people with high blood cholesterol levels of 240 milligrams
per deciliter (mg/dL) (6.21 (mmol/L)) or above and LDL-cholesterol
levels of 160 mg/dL (4.13 mmol/L) or above. Borderline high risk blood
cholesterol levels range from 200 to 239 mg/dL (5.17 to 6.18 mmol/L) and
130 to 159 mg/dL (3.36 to 4.11 mmol/L) of LDL-cholesterol. Dietary
lipids (fats) include fatty acids and cholesterol. Total fat, commonly
referred to as fat, is composed of saturated fat (fatty acids containing
no double bonds), and monounsaturated and polyunsaturated fat (fatty
acids containing one or more double bonds).
(2) The scientific evidence establishes that diets high in saturated
fat and cholesterol are associated with increased levels of blood total-
and LDL-cholesterol and, thus, with increased risk of coronary heart
disease. Diets low in saturated fat and cholesterol are associated with
decreased levels of blood total- and LDL-cholesterol, and thus, with
decreased risk of developing coronary heart disease.
(3) Populations with relatively low blood cholesterol levels tend to
have dietary patterns that are not only low in total fat, especially
saturated fat and cholesterol, but are also relatively high in fruits,
vegetables, and grain products. Although the specific roles of these
plant foods are not yet fully understood, many studies have shown that
diets high in plant foods are associated with reduced risk of coronary
[[Page 125]]
heart disease. These studies correlate diets rich in fruits, vegetables,
and grain products and nutrients from these diets, such as some types of
fiber, with reduced coronary heart disease risk. Persons consuming these
diets frequently have high intakes of dietary fiber, particularly
soluble fibers. Currently, there is not scientific agreement as to
whether a particular type of soluble fiber is beneficial, or whether the
observed protective effects of fruits, vegetables, and grain products
against heart disease are due to other components, or a combination of
components, in these diets, including, but not necessarily limited to,
some types of soluble fiber, other fiber components, other
characteristics of the complex carbohydrate content of these foods,
other nutrients in these foods, or displacement of saturated fat and
cholesterol from the diet.
(b) Significance of the relationship between diets low in saturated
fat and cholesterol, and high in fruits, vegetables, and grain products
that contain fiber, particularly soluble fiber, and risk of coronary
heart disease. (1) Coronary heart disease is a major public health
concern in the United States, primarily because it accounts for more
deaths than any other disease or group of diseases. Early management of
risk factors for coronary heart disease is a major public health goal
that can assist in reducing risk of coronary heart disease. There is a
continuum of mortality risk from coronary heart disease that increases
with increasing levels of blood LDL-cholesterol. Individuals with high
blood LDL-cholesterol are at greatest risk. A larger number of
individuals with more moderately elevated cholesterol also have
increased risk of coronary events; such individuals comprise a
substantial proportion of the adult U.S. population. The scientific
evidence indicates that reducing saturated fat and cholesterol intakes
lowers blood LDL-cholesterol and risk of heart disease in most
individuals, including persons with blood cholesterol levels in the
normal range. Additionally, consuming diets high in fruits, vegetables,
and grain products, foods that contain soluble fiber, may be a useful
adjunct to a low saturated fat and low cholesterol diet.
(2) Other risk factors for coronary heart disease include a family
history of heart disease, high blood pressure, diabetes, cigarette
smoking, obesity (body weight 30 percent greater than ideal body
weight), and lack of regular physical exercise.
(3) Intakes of saturated fat exceed recommended levels in many
people in the United States. Intakes of cholesterol are, on average, at
or above recommended levels. Intakes of fiber-containing fruits,
vegetables, and grain products are about half of recommended intake
levels. One of the major public health recommendations relative to
coronary heart disease risk is to consume less than 10 percent of
calories from saturated fat, and an average of 30 percent or less of
total calories from all fat. Recommended daily cholesterol intakes are
300 mg or less per day. Recommended total dietary fiber intakes are
about 25 grams (g) daily, of which about 25 percent (about 6 g) should
be soluble fiber.
(4) Current dietary guidance recommendations encourage decreased
consumption of dietary fat, especially saturated fat and cholesterol,
and increased consumption of fiber-rich foods to help lower blood LDL-
cholesterol levels. Results of numerous studies have shown that fiber-
containing fruits, vegetables, and grain products can help lower blood
LDL-cholesterol.
(c) Requirements. (1) All requirements set forth in Sec. 101.14
shall be met.
(2) Specific requirements. (i) Nature of the claim. A health claim
associating diets low in saturated fat and cholesterol and high in
fruits, vegetables, and grain products that contain fiber, particularly
soluble fiber, with reduced risk of heart disease may be made on the
label or labeling of a food described in paragraph (c)(2)(ii) of this
section, provided that:
(A) The claim states that diets low in saturated fat and cholesterol
and high in fruits, vegetables, and grain products that contain fiber
``may'' or ``might'' reduce the risk of heart disease;
(B) In specifying the disease, the claim uses the following terms:
``heart disease'' or ``coronary heart disease;''
[[Page 126]]
(C) The claim is limited to those fruits, vegetables, and grains
that contain fiber;
(D) In specifying the dietary fiber, the claim uses the term
``fiber,'' ``dietary fiber,'' ``some types of dietary fiber,'' ``some
dietary fibers,'' or ``some fibers;'' the term ``soluble fiber'' may be
used in addition to these terms;
(E) In specifying the fat component, the claims uses the terms
``saturated fat'' and ``cholesterol;'' and
(F) The claim indicates that development of heart disease depends on
many factors; and
(G) The claim does not attribute any degree of risk reduction for
coronary heart disease to diets low in saturated fat and cholesterol and
high in fruits, vegetables, and grain products that contain fiber.
(ii) Nature of the food. (A) The food shall be or shall contain a
fruit, vegetable, or grain product.
(B) The food shall meet the nutrient content requirements of
Sec. 101.62 for a ``low saturated fat,'' ``low cholesterol,'' and ``low
fat'' food.
(C) The food contains, without fortification, at least 0.6 g of
soluble fiber per reference amount customarily consumed;
(D) The content of soluble fiber shall be declared in the nutrition
information panel, consistent with Sec. 101.9(c)(6)(i)(A).
(d) Optional information. (1) The claim may identify one or more of
the following risk factors for heart disease about which there is
general scientific agreement: A family history of coronary heart
disease, elevated blood-, total- and LDL-cholesterol, excess |
