Food Labeling - IV

US Food Labeling Requirements

The USA, Canada, and E.U. have their own food labeling requirements that are more stringent than the Codex requirements, which has added more specifications and compliance criteria that can safeguard consumers. Hence, food labeling requirements are further improved with wide acceptability for the specific requirements of their own consumers, where food labeling is required for most prepared foods, such as bread, cereals, canned and frozen foods, snacks, desserts, drinks, etc. Nutrition labeling for raw produce such as fruits and vegetables or fish is voluntary, which are referred to as conventional foods. There are two types of labeling for packages and containers:

1. Labels that place all required label information/statements on the front label panel (the principal display panel or PDP), or,
2. Place certain specified label statements on the PDP and other labeling requirements on the information panel.

 
The Principal Display Panel
The PDP is that portion of the package label that is most likely to be seen by the consumer at the time of purchase, where many containers are designed with two or more different surfaces that are suitable for display as the PDP. As a general rule, U.S. labeling requirements also required to place the statement of identity, or name of the food, and the net quantity statement, or amount of product, on the PDP and on the alternate PDP.  
 
The Information Panel
The information panel is the label panel immediately to the right of the PDP, as seen by the consumer facing the product. If the PDP is appropriately not usable due to package design and construction, then such information should be included in the next label panel immediately to the right.
 

The information panel labeling refers to the label statements that are generally required to be placed together without any intervening material on the information panel if such labeling does not appear on the PDP. The label statements include the name and address of the manufacturer, packer, or distributor, the ingredient list, nutrition labeling, and any required allergy labeling.
 
Nonetheless, there are predefined requirements for information panel labeling, which includes the use of a print or type size that is prominent, conspicuous, and easy to read, and the letters that are at least one-sixteenth (1/16)of an inch in height based on the lower case letter “o.” Further, the letters must not be more than three times as high as they are wide, and the lettering must contrast sufficiently with the background so as to be easy to read, where labeling should be free from overcrowding with artwork or non-required labeling.
 
The ownership of the Product

Food labels must include mandatory information on:  

1. Name and address of the manufacturer, packer, or distributor. Unless the name given is the actual manufacturer, it must be accompanied by a qualifying phrase which states the firm’s relation to the product (e.g., “manufactured for” or “distributed by”);
2. Street address if the firm name and address are not listed in a current city directory or telephone book;
3. City or town;
4. State (or country, if outside the United States); and
5. ZIP code (or mailing code used in countries other than the United States).

Name of the Food

The statement of identity is the name of the food, which must be appeared on the front label, or PDP, as well as any alternate PDP and use prominent print or type for the statement of identity, and it shall be in bold type. The type size must be reasonably related to the most prominent printed matter on the front panel and should be one of the most important features on the PDP, which is considered to be at least 1/2 the size of the largest print on the label. Nevertheless, the name established by law or regulation, or in the absence thereof, the common or usual name of the food, if the food has one, should be used as the statement of identity, or if there is none, then an appropriately descriptive name, that is not misleading, should be used. However, brand names are not considered to be statements of identity and should not be unduly prominent compared to the statement of identity. The statement of identity must be placed on the PDP in lines parallel to the base of the package. In addition, if the nature of the food is obvious, a fanciful name commonly used and understood by the public may be used. Furthermore, the common or usual name must be used for food if it has one, but it would be considered misleading to label food that has an established name with a new name, and if the food is subject to a standard of identity, it must bear the name specified in the standard.

 
As a regulatory requirement, the food labels must describe the form of the food in the package, if the food is sold in different optional forms such as sliced and unsliced, whole or halves, etc. On the other hand, a new food that resembles a traditional food and is a substitute for the conventional food must be labeled as an imitation, if the new food contains less protein or a lesser amount of any essential vitamin or mineral, where the use of the same type size and prominence for the word “imitation” is recommended for the name of the product imitated. Artworks must not hide or detract from the prominence and visibility of required label statements or misrepresents the food.
 
Country of Origin

The country of origin statement must be conspicuous, where if a domestic firm’s name and address are declared as the firm responsible for distributing the product, then the country of origin statement must appear in close proximity to the name and address and be at least comparable in size of the lettering. In addition, if a foreign language is used anywhere on the label, all required label statements must appear both in English and in the foreign language.
 
Net Quantity
The net quantity of contents or the net quantity statement is the statement on the label that provides the amount of food in the container or package, which must be expressed in weight, measure, or the numeric count. In general, if the food is solid, semisolid, or viscous, it should be expressed in terms of weight, and if the food is a liquid, that should be expressed in fluid measure (e.g., fl, oz). Nevertheless, the net quantity statement or net quantity of contents is placed as a distinct item in the bottom 30% of the principal display panel, in lines generally parallel with the base of the container. The food labels printed must show the net contents in both metrics (grams, kilograms, milliliters, liters) and also in U.S. Customary System (ounces, pounds, fluid ounces) terms. Further, the metric statement may be placed either before or after the U. S. Customary statement or above or below it.

 
Consequently, the area of the PDP, which is calculated in square inches or square centimeters, will determine the minimum type size that is permitted for the net quantity statement. The area of a rectangular or square PDP on a carton is the height multiplied by the width (both in inches or both in centimeters), and for a cylindrical container, use 40% of the product of the height by the circumference to calculate the area of the PDP.
 
The minimum type size is the smallest type size that is permitted for the net quantity statements, based on the space available for labeling on the PDP. The height of the type is determined by measuring the height of the lower case letter “o” or its equivalent when mixed upper and lower case letters are used or the height of the upper case letters when only upper case letters are used.

 Minimum Type Size             Area of Principal Display Panel
1/16 in. (1.6 mm)                  5 sq. in. (32 sq. cm.) or less
1/8 in. (3.2 mm)                    More than 5 sq. in. (32 sq. cm.) but not more than 25 sq. in. (161 sq. cm.)
3/16 in. (4.8 mm)                  More than 25 sq. in. (161 sq. cm.) but not more than 100 sq. in. (645 sq. cm.)
1/4 in. (6.4 mm)                    More than 100 sq. in. (645 sq. cm.) but not more than 400 sq. in. (2580 sq. cm.)
1/2 in. (12.7 mm)                  Over 400 sq. in. (2580 sq. cm.)

The selected print style must be prominent, conspicuous, and easy to read, where the letters must not be more than three times as high as they are wide, and lettering must contrast sufficiently with the background to be easy to read. Do not crowd the net quantity statement with artwork or other labeling, where minimum separation requirements are specified in the regulation. Only the quantity of food in the container or package is stated in the net quantity statement. The weight of the container or wrappers and packing materials must not be included in the net quantity. The net weight is derived through subtracting the average weight of the empty container, lid, and any wrappers and packing materials from the average weight of the container when filled with food.
 
Ingredient List

The list of ingredients on a food label is the listing of each individual ingredient in descending order of predominance (e.g., “INGREDIENTS: Lupine Beans, Water, and Salt”). Listing of ingredients in descending order of predominance by weight means that the ingredient that weighs the most is listed first, and the ingredient that weighs the least is listed last. The ingredient list must be placed on the same label panel as the name and address of the manufacturer, packer, or distributor, which may be either the information panel or the PDP. In addition, the information should be placed before or after the nutrition label and the name and address of the manufacturer, packer, or distributor. Use of a type size that is at least 1/16 inch in height based on the lower case “o” and is prominent, conspicuous, and easy to read. Regardless of the outcome, water added in making food is considered to be an ingredient. Thus, added water must be identified in the list of ingredients and listed in its descending order of predominance by weight. However, if all water added during processing is subsequently removed by baking or some other means during processing, water need not be declared as an ingredient.
 
On the other hand, FDA does not define “trace amounts,” but there are some exemptions for declaring ingredients present in “incidental” amounts in finished food. If an ingredient is present at an incidental level and has no functional or technical effect in the finished product, then it need not be declared on the label. An incidental additive is usually present because it is an ingredient of another ingredient. Note that major food allergens, regardless of whether they are present in the food in trace amounts, must be declared. Sulfites added to any food or any ingredient in any food and that have no technical effect in that food are considered incidental only if present at less than 10 ppm.
 

Nonetheless, the listing of alternative fat and oil ingredients in parentheses following the declaration of fat and oil blends is permitted only in the case of foods in which added fats or oils are not the predominant ingredient and only if the manufacturer is unable to predict which fat or oil ingredient will be used.
 
In addition, if an approved chemical preservative is added to a food, the ingredient list must include both the common or usual name of the preservative and the function of the preservative by including terms, such as “preservative,” “to retard spoilage,” “a mold inhibitor,” “to help protect flavor,” or “to promote color retention.” These may be declared in ingredient lists by using either specific common or usual names or by using the declarations “spices,” “flavor,” or “natural flavor,” or “artificial flavor.” However, products that are spices or spice blends, flavors, or colors must list each ingredient by name.
 
Reference
https://www.fda.gov/food/food-labeling-nutrition
https://www.fda.gov/files/food/published/Food-Labeling-Guide-%28PDF%29.pdf