Individual Units in a Multiserving Package20
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 one or two servings.
Products Sold in Individual Containers Containing Less Than 200 Percent of the RACC21
Special rules apply to food products that are packaged and sold individually. If such an individual package is less than 200 percent of the applicable reference amount, the entire contents must be labeled as one serving. For example, a 591‐mL (20‐fluid‐ounce) can of soda is one serving because the reference amount for beverages is 360 mL (12 ounces).
However, if the product package contains more than 150 percent but less than 200 percent of the reference amount, manufacturers may voluntarily provide an additional column that provides nutrition information per household measure that most closely approximates the reference amount. For example, the reference amount for soup is 245 grams. Thus, a 15‐ounce (420 grams) can of soup must be declared as one serving, but an additional column may provide nutrition information for 1 ½ cups (240 grams) soup.
4.3.5 Declaration of Serving Size
Common Household Measures
Serving sizes must be expressed in both common household and metric measures.22 FDA allows the following as common household measures: the cup, tablespoon, teaspoon, piece, slice, fraction (e.g., “1/4 pizza”), and common household containers used to package food products (e.g., jar or tray). Ounces may be used, but only if a common household unit is not applicable and an appropriate visual unit is given—for example, 1 oz (28 g/about 1/2 pickle).
The number of servings per container is rounded to the nearest whole number when greater than 5 and to the nearest 0.5 for 2 to 5 servings.23 Rounding should be indicated by using the term “about” in declaring the number of servings.
4.3.6 Specific Exemptions to Nutrition Facts Labeling
Specific exemptions to mandatory Nutrition Facts labeling are found in 21 C.F.R. 101.9(j). Note that all exemptions to Nutrition Facts labeling are lost if a nutrient content claim or a health claim is made for that food or if any other nutrition information is provided.
Small Businesses
Two small business exemptions are available. The first applies to retail businesses selling directly to consumers that have total annual sales of less than $500,000 or food sales less than $50,000.24 The second small business exemption applies to low‐volume businesses. This exemption is based on the number of employees and number of units of product sold.25
No Nutritional Significance26
Foods that may declare zero or less than 1 gram for each nutrient on the Nutrition Facts panel are exempt. Bottled water and coffee beans fall in this exemption.
Dietary Supplements27
Dietary supplements are exempt from the Nutrition Facts labeling but must comply with their own Supplement Facts labeling.
Medical Foods28
Similar to dietary supplements, medical foods are exempt from Nutrition Facts labeling but must comply with their own distinctive requirements.
Bulk Shipments29
Food shipped in bulk and intended for further processing is exempt from Nutrition Facts labeling.
Raw Fruits and Vegetables and Fish30
Raw fruits and vegetables and fish fall under voluntary nutrition labeling.
Small Packages31
Food packages with less than 12 square inches of available space for labeling are exempt from mandatory nutrition facts labeling. However, the label must provide a means for the consumers to obtain nutrition information, such as a toll‐free number to call.
Bulk Containers32
Food sold from bulk containers is exempt from having the nutrition information on the container, provided this information is available somewhere at the point of purchase, such as a reference notebook.
DISCUSSION QUESTION
1 4.3. Infant food. Why did FDA decide to prohibit nutrient content claims on infant and toddler foods?
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Good Reading for Good Eating
Paula Kurtzweil, FDA CONSUMER, SPECIAL ISSUE, FOCUS ON FOOD LABELING 33
It may not have the power of a Pulitzer prize‐winning novel or the luridness of a checkout counter tabloid, but the new food label still promises to make for good reading….
[T]erms used to describe a food’s nutrient content—“light,” “fat‐free,” and “low‐calorie,” for example—will meet government definitions so that they mean the same for any product on which they appear. Health claims about the relationship between a nutrient or food and a disease that are supported by scientific evidence will be allowed for the first time.
Serving sizes:
are more consistent across product lines to make comparison shopping easier.
are expressed in common household and metric measures.
better reflect the amounts people really eat.
There will be many more products with labels to read because the regulations, for the first time, make nutrition labeling mandatory for almost all processed foods. Also, uniform point‐of‐purchase nutrition information will accompany many fresh foods, such as fruits and vegetables and raw fish, meat, and poultry.
The new food label is reading that can be put to good use, too, because it’s designed to help clear up much of the confusion that has prevailed on supermarket shelves. It also can help consumers choose more healthful diets. And it can serve as an incentive to food companies to improve the nutritional qualities of their products.
“[This isn’t] just another government program,” said FDA Commissioner David Kessler, M.D. “The new food label is an unusual opportunity to help millions of Americans make more informed, healthier food choices.”
“We expect the labels also will provide more food companies with an incentive to improve the nutritional quality of their products,” said H. Russell Cross, Ph.D., FSIS administrator.
….
Advertising is not covered by the Nutrition Labeling and Education Act, but the Federal Trade Commission has indicated it may apply the same criteria to