If the regulations surrounding food labels and packaging seems a little complicated, that’s because they are. To sell your food products, and ensure you are in compliance with the FDA’s food label and packaging laws, you need to follow specific requirements for what needs to be displayed, including a Nutrition Facts panel, ingredient statement, allergen information, and more.
Here will cover the basics of food label regulations, and hopefully offer a little guidance for those just starting out in the world of food manufacturing or distribution. What does the FDA require on food labels? Let’s discuss.
Food Label Regulations in the United States
Interestingly, food labels in the United States are not regulated by a single system. There are two main food labeling organizations run by the federal government with differing requirements and modes of operation. These two organizations are the US Department of Agriculture (USDA) and the US Food & Drug Administration (FDA). Each organization focuses on certain food products and has a food labeling oversight for specific areas of food production, manufacturing, and sale. To further complicate the food labeling discussion, the regulation of food promotion, i.e., commercials, print ads, newsletters, falls under the jurisdiction of still another agency, the Federal Trade Commission (FTC).
Additionally, some states have enacted their own food labeling requirements that are stricter than those of the FDA or USDA – while this is not necessarily a common occurrence, it’s always important to know what specific rules your state may have in place.
Like we said – complicated. If ever you feel overwhelmed, know that you are not alone.
Most regulations and oversight, however, come from the FDA. The FDA sets the rules for almost all the foods we eat, while the USDA sets the rules only for meat, poultry, and egg products, and the FTC deals in food and nutrition advertising. For the purposes of this article, we will focus on the FDA regulations most common and most important for food producers and sellers.
FDA Food Label Requirements
The FDA’s authority for regulating food labels comes from a 1938 law called the FD&C Act. This gave the FDA explicit authority to set and enforce regulations surrounding food labels. While the FD&C Act has been amended many times over the years, the rules governing conventional food labeling have hardly changed at all.
The FDA is therefore able to update the Act’s requirements as production practices have changed – e.g., the advent of processed foods that did not exist in the same way 80 years ago – as well as public expectation for the nutrition information that should appear on food labels as necessary.
Important to note: You as the food manufacturer or distributor are responsible for ensuring food product labeling complies with FDA rules and regulations. If your food labels do not comply with FDA regulations, it will consider the product misbranded and take regulatory action.
More than half of all packaged foods sold in the United States currently provide some type of nutrition information on their label. The FDA requirements for food labels are as follows:
Statement of Identity
This is the legal name of the food, (e.g., Oreos, Raisin Bran, etc.), the common name of the food (e.g., cereal, peanut butter, etc.). If these terms do not apply to the food product, then a description of the food (e.g., baby carrots) is used. These are separate from a brand name (e.g., Folger’s, Lipton, General Mills, etc.)
Net Quantity of Contents
This is the amount of food contained in the package. It can be listed either as a weight, fluid measure, or the number of items.
Nutrition Facts Label
The Nutrition Facts Label displays important information about what exactly is in the food we eat. The FDA governs what label format must be used on a product based the size of the package and its contents.
A Nutrition Facts Label must include the following:
- The serving size – visit the RACC website to help determine serving size for your product
- The number of servings per container
- The household measure or common household unit
- The total calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrate, dietary fiber, total sugars, added sugars, protein, vitamin D, calcium, iron, potassium included in the product
Ingredient Statement
The ingredient statement must be placed on the same panel as the manufacturer’s information, generally near the Nutrition Facts label. The ingredients must be listed in descending order of weight and printed in a type at least 1/16” tall and is legible and easy for consumers to read.
Allergen Declaration
Allergen information labeling is perhaps the most important piece of information on a food label – given the dire consequences should it be ignored. The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) states that packaged food items must declare, clearly the presence of any major food allergens on the product packaging.These are known as the “Big 9” and are as follows:
- Milk
- Egg
- Fish
- Crustacean shellfish
- Tree nuts
- Wheat
- Peanuts
- Soybeans
- Sesame
Listed allergens can appear in one of two ways:
- In parentheses directly after the name of the ingredient within the ingredient statement, e.g., casein (milk), peanut butter (peanuts), spice (sesame), etc.
- In a separate statement demarcated with the word “Contains,” e.g., Contains peanuts, milk, and sesame.
Nutrient Content Claims
This is any statement concerning the nutrient level in your product, e.g., “low fat,” “sugar-free,” “high fiber,” etc. This is not required but can be included for informational or marketing purposes. Should you choose to include a Nutrient Content Claim on your food label, a Nutrition Facts Panel showing that nutrient and its value must also be included.
Expiration, Best-By, or Sell-By Date Labeling
As of the publishing of this blog, 41 states and the District of Columbia require some foods to have date labels, and 20 states regulate the sale of foods past certain label dates. You will need to find the specific regulations for your state and food items.
Find your state regulations here
The label must show the month, day, and year directly beside the applicable “best before,” “sell by,” phrase, and cannot interfere with the required information outlined above.
Barcode Labels
A barcode is not required by the FDA or any other agency. They are, however, fairly standard for retail purposes. As with the date labels mentioned above, the only requirement for the barcode is that it is place in such a way on the package to not interfere with the information that is required by law.
Food Labeling Made Easy with NCCO
No matter what information you need to display – ingredient lists, nutrition and allergen information, or any other useful consumer notices – or what rules and regulations might change in the future, NCCO is here to make your labeling life easier.
There’s more than one solution to make labeling more efficient for your business.
- DateCodeGenie Automated Labeling System
- Custom Labels
- Use by/Sell by labels
- Day of the Week Labels
It can be hard to navigate the convoluted word of food regulation, as well as ever-changing consumer tastes and preferences. Thankfully, you have a food label partner in NCCO.