The Food and Drug Administration (FDA) is responsible for assuring that foods sold in the United States are safe, wholesome and properly labeled. This applies to foods produced domestically, as well as foods from foreign countries. The Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act are the Federal laws governing food products under FDA's jurisdiction.
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The FDA receives many questions from manufacturers, distributors, and importers about the proper labeling of their food products. This guidance is a summary of the required statements that must appear on food labels under these laws and their regulations. To help minimize legal action and delays, it is recommended that manufacturers and importers become fully informed about the applicable laws and regulations before offering foods for distribution in the United States.
FDA regulates the safety of substances added to food (ingredients). FDA also regulate how most food is processed, packaged, and labeled. Myperfectpack team ensure that printed labels meet the below regulations.
The FDA regulates most packaged foods sold in the United States and has specific requirements for what elements a package must contain (e.g. a Nutrition Facts panel, ingredient statement, etc.). In order to sell your food products, you must comply with the FDA’s packaging law unless your operation is exempt .
FDA-regulated food packages must contain these 5-6 components:
* Statement of identity, or name of the food.
* Net quantity of contents, or amount of product.
* Nutrition Facts.
* Ingredient & Allergen Statement.
* Name and address of the manufacturer, packer, or distributor.
* In some instances, warning and safe handling statements.
The regulations are a little complicated, but this blog should help offer clarity. We will cover the basics of packaging regulations, including:
PACKAGING AREAS DEFINED
Before we discuss placement, it’s important to understand what each area is called and where it is on the package.
PDP (PRINCIPAL DISPLAY PANEL)
This is the area most likely to be seen by a buyer at the time of purchase. For a rectangular container like a cereal box, the PDP area is the product of the height times the width. For a cylindrical container like a can, the PDP area is 40 percent of the product of the height times the circumference.
INFORMATION PANEL
The information panel is the panel (or space, if the package is cylindrical) immediately to the right of the PDP
REQUIRED PACKAGING ELEMENTS AND PLACEMENT
STATEMENT OF IDENTITY
The Statement of Identity is the legal name of the food (example: Nilla Wafers), the common name of the food (example: peanut butter), or, when the other two are not appropriate, a description of the food (example: whole green peas). This is not the same as the brand name (example: Kellogg’s).
Note: The Statement of Identity is not to be confused with the brand. (Example: “Corn Flakes” is the Statement of Identity, “Kellogg’s” would be the brand.)
Placement: The Statement of Identity must be placed on the PDP as one of the primary art elements. The font type height should be, at a minimum, half the size of the largest font on the package.
NET QUANTITY OF CONTENTS
Net quantity is simply the amount of food in the package, shown as a weight, fluid measure, or the number of items.
Placement: This is placed in the bottom 30 percent of the PDP in a type height determined by total PDP area, per this chart:
NUTRITION FACTS LABEL
The Nutrition Facts Label is used to communicate important information about the food consumers eat. The FDA also governs what label format to use on your product based on package size and contents.
The Nutrition Facts Label must show:
Serving size (Consult the RACC to determine this) : In general, you will need to use the FDA’s table of Reference Amounts Customarily Consumed Per Eating Occasion (RACC) to determine the appropriate serving size for your product. Nutrients listed on your label will reflect this serving size. Serving Size needs to also include “common household measure or common household unit.”
Example: 1 piece (in addition to the gram weight of the serving size defined in RACC).
Servings per container :This is the number of servings of the food item (based on the serving size) that the package contains
Mandatory nutrients (total calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrate, dietary fiber, total sugars, added sugars, protein, vitamin D, calcium, iron, potassium)
Nutrition Facts label are: • total calories
• total fat • saturated fat
• trans fat • cholesterol • sodium • total carbohydrate • dietary fiber • total sugars • added sugars • protein • vitamin D • calcium • iron • potassium
Placement: In general, place the Nutrition Facts Label on the PDP or the Information Panel, near the ingredient statement.
INGREDIENT STATEMENT
You must display the ingredient statement on the same panel as the manufacturer’s information. The ingredients are listed in descending order of weight in a type at least 1/16” tall and easy to read. Placement: In general, place the Ingredient Statement on the PDP or the Information Panel, near the Nutrition Facts label
ALLERGEN DECLARATION
The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) mandates that packaged food items must declare, in plain language, the presence of any major food allergens (Milk, Egg, Fish, Crustacean shellfish, Tree nuts, Wheat, Peanuts, Soybeans, Sesame) on the product packaging.
Placement: In general, place the Allergen Declaration on the PDP or the Information, near the Nutrition Facts Label. Allergens may appear either:
In a parenthetical directly after the name of the ingredient within the ingredient statement. Example: Peanut butter (peanuts), casein (milk), spice (sesame)…
OR
In a separate “Contains” statement. Example: Contains peanuts, milk, and sesame.
NAME AND ADDRESS OF THE MANUFACTURER, PACKER, OR DISTRIBUTOR
The food package must show the name of the manufacturer (or packer/distributor, accompanied by a qualifying phrase that states the firm’s relationship to the product, e.g., “manufactured for” or “distributed by”) and the full street address.
The food package must show the following:
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 that states the firm’s relation to the product, e.g., “manufactured for” or “distributed by”;
Street address;
City or town;
State (or country, if outside the United States); and
ZIP code (or mailing code used in countries other than the United States).
Placement: Most often, this goes on the Information Panel, but, again can appear on the PDP.The placement of the manufacturer’s information determines the placement of the Ingredients List.
Warning and safe handling statements
Some packages require warnings and safe-handling statements. These include:
Self-pressurized containers.
Food containing or manufactured with a chlorofluorocarbon or other ozone-depleting substance.
Protein products labeled as weight-loss products.
Unpasteurized juices.
Foods containing psyllium husk.
Shell eggs.
ADDITIONAL PACKAGING ELEMENTS
NUTRIENT CONTENT CLAIMS
A Nutrient Content Claim is any statement regarding a nutrient level in your food (examples: “low fat,” “high fiber,” “sugar-free”).
Regulations determine what claims are valid.
Claims can be displayed on the PDP, Information Panel or anywhere else on the package, in a type size that can’t be larger than twice the size as the font used for the Statement of Identity.
Important: If you choose to use a Nutrient Content Claim on your package, you must have a Nutrition Facts Panel showing that nutrient and its value.
BARCODE
No government regulatory agency requires that your food package have a barcode. Most retail establishments, however, will. The barcode must be placed in a manner where it doesn’t interfere with the required elements.
BEST BEFORE, EXPIRATION, OR SELL-BY DATE
Some states require dates on some foods. You will need to check into the specific regulations for your state and food. As far as placement on the package, the date cannot interfere with required labeling elements and must show the month, day, and year immediately adjacent to an explanatory phrase (“best before,” “sell by,” etc.)
Frequent Ask Quenstions :
GENERAL FOOD LABELING REQUIREMENTS
1.Where should label statements be placed on containers and packages?
Answer: There are two ways to label packages and containers: a. Place all required label statements on the front label panel (the principal display panel or PDP), or, b. Place certain specified label statements on the PDP and other labeling on the information panel (the label panel immediately to the right of the PDP, as seen by the consumer facing the product).
2.What are the PDP and the alternate PDP?
Answer: The PDP, is that portion of the package label that is most likely to be seen by the consumer at the time of purchase. Many containers are designed with two or more different surfaces that are suitable for display as the PDP.
3.What label statements must appear on the PDP?
Answer: 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.
4.Which label panel is the information panel?
Answer: The information panel is the label panel immediately to the right of the PDP, as displayed to the consumer. If this panel is not usable, due to package design and construction, (e.g., folded flaps), then the information panel is the next label panel immediately to the right
5.What is information panel labeling?
Answer: The phrase “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. These label statements include the name and address of the manufacturer, packer or distributor, the ingredient list, nutrition labeling and any required allergy labeling.
6.What type size, prominence and conspicuousness is required?
Answer: For information panel labeling, use a print or type size that is prominent, conspicuous and easy to read. Use letters that are at least one- sixteenth (1/16) inch in height based on the lower case letter “o”. 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. Do not crowd required labeling with artwork or non-required labeling.
7.What is the prohibition against intervening material?
Answer: Information that is not required by FDA is considered intervening material and is not permitted to be placed between the required labeling on the information panel (e.g., the UPC bar code is not FDA required labeling).
8.What name and address must be listed on the label?