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inclusion of the ZIP Code shall apply that is sold in the refrigerated state, exonly to consumer commodity labels de- press the volume at 40° F. (4° C.). veloped or revised after the effective date (i) In the case of other foods, exof this section. In the case of noncon- press the volume at 68° F. (20° C.). sumer packages, the ZIP Code shall ap- (3) Statements of dry measure shall pear either on the label or the labeling be in terms of the U.S. bushel of 2,150.42 (including invoice).

cubic inches and peck, dry quart, and (e) If a person manufactures, packs, dry pint subdivisions thereof. or distributes a food at a place other than (c) When the declaration of quantity his principal place of business, the label of contents by numerical count does not may state the principal place of business give adequate information as to the in lieu of the actual place where such quantity of food in the package, it shall food was manufactured or packed or is be combined with such statement of to be distributed, unless such statement weight, measure, or size of the individual would be misleading.

units of the foods as will provide such in(32 F.R. 10731, July 21, 1967, as amended itt formation. 32 F.R. 13278, Sept. 20, 1967]

(d) The declaration may contain

common or decimal fractions. A common 1.8b Food labeling; declaration of net

fraction shall be in terms of halves, quarquantity of contents; when exempt.

ters, eighths, sixteenths, or thirty-sec(a) The principal display panel of a onds; except that if there exists a firmly food in package form shall bear a dec- established general consumer usage and laration of the net quantity of contents.

trade custom of employing different comThis shall be expressed in the terms of mon fractions in the net quantity decweight, measure, numerical count, or a laration of a particular commodity, they combination of numerical count and may be employed. A common fraction weight or measure. The statement shall shall be reduced to its lowest terms; & be in terms of fluid measure if the food decimal fraction shall not be carried is liquid, or in terms of weight if the out to more than two places. A statefood is solid, semisolid, or viscous, or a ment that includes small fractions of an mixture or solid and liquid; except that ounce shall be deemed to permit smaller such statement may be in terms of dry variations than one which does not inmeasure if the food is a fresh fruit, fresh clude such fractions. vegetable, or other dry commodity that (e) The declaration shall be located is customarily sold by dry measure. If on the principal display panel of the there is a firmly established general con- label, and with respect to packages sumer usage and trade custom of declar- bearing alternate principal panels it shall ing the contents of a liquid by weight, or be duplicated on each principal display a solid, semisolid, or viscous product by

panel. fluid measure, it may be used. When- (f) The declaration shall appear as a ever the Commissioner determines that distinct item on the principal display an existing practice of declaring net panel, shall be separated (by at least a quantity of contents by weight, measure, space equal to the height of the lettering numerical count, or a combination in used in the declaration) from other the case of a specific packaged food does printed label information appearing not facilitate value comparisons by con- above or below the declaration and (by at sumers and offers opportunity for con- least a space equal to twice the width of sumer confusion, he will by regulation the letter “N” of the style of type used designate the appropriate term or terms in the quantity of contents statement) to be used for such commodity.

from other printed label information (b) (1) Statements of weight shall be appearing to the left or right of the decin terms of avoirdupois pound and ounce.

laration. It shall not include any term (2) Statements of fluid measure shall qualifying a unit of weight, measure, or be in terms of the U.S. gallon of 231 cubic count (such as “jumbo quart” and “full inches and quart, pint, and fluid ounce gallon") that tends to exaggerate the subdivisions thereof, and shall:

amount of the food in the container. It (1) In the case of frozen food that is shall be placed on the principal display sold and consumed in a frozen state, panel within the bottom 30 percent of express the volume at the frozen the area of the label panel in lines gentemperature.

erally parallel to the base on which the (11) In the case of refrigerated food package rests as it is designed to be dis

played: Provided, That on packages having a principal display panel of 5 square inches or less, the requirement for placement within the bottom 30 percent of the area of the label panel shall not apply when the declaration of net quantity of contents meets the other requirements of this part.

(g) The declaration shall accurately reveal the quantity of food in the package exclusive of wrappers and other material packed therewith; provided that in the case of foods packed in containers designed to deliver the food under pressure, the declaration shall state the net quantity of the contents that will be expelled when the instructions for use as shown on the container are followed. The propellant is included in the net quantity declaration.

(h) The declaration shall appear in conspicuous and easily legible boldface print or type in distinct contrast (by typography, layout, color, embossing, or molding) to other matter on the package; except that a declaration of net quantity blown, embossed, or molded on a glass or plastic surface is permissible when all label information is so formed on the surface. Requirements of conspicuousness and legibility shall include the specifications that:

(1) The ratio of height to width (of the letter) shall not exceed a differential of 3 units to 1 unit (no more than 3 times as high as it is wide).

(2) Letter heights pertain to upper case or capital letters. When upper and lower case or all lower case letters are used, it is the lower case letter "o" or its equivalent that shall meet the minimum standards.

(3) When fractions are used, each component numeral shall meet one-half the minimum height standards.

(1) The declaration shall be in letters and numerals in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

(1) Not less than 110 inch in height on packages the principal display panel of which has an area of 5 square inches or less.

(2) Not less than Yo inch in height on packages the principal display panel of which has an area of more than 5 but not more than 25 square inches.

(3) Not less than 316 inch in height on packages the principal display panel of

which has an area of more than 25 but not more than 100 square inches.

(4) Not less than 14 inch in height on packages the principal display panel of which has an area of more than 100 square inches, except not less than 12 inch in height if the area is more than 400 square inches. Where the declaration is blown, embossed, or molded on a glass or plastic surface rather than by printing, typing, or coloring, the lettering sizes specified in subparagraphs (1) through (4) of this paragraph shall be increased by 10 of an inch.

(1) On packages containing less than 4 pounds or 1 gallon and labeled in terms of weight or fluid measure:

(1) The declaration shall be expressed both in ounces, with identification by weight or by liquid measure and, if applicable (1 pound or 1 pint or more) followed in parentheses by a declaration in pounds for weight units, with any remainder in terms of ounces or common or decimal fractions of the pound (see examples set forth in paragraph (m) (1) and (2) of this section), or in the case of liquid measure, in the largest whole units (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart (see examples in paragraph (m) (3) and (4) of this section).

(2) If the net quantity of contents declaration appears on a random package, that is a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights and with no fixed weight pattern, it may, when the net weight exceeds i pound, be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places. When the net weight does not exceed 1 pound, the declaration on the random package may be in decimal fractions of the pound in lieu of ounces (see example in paragraph (m) (5) of this section).

(3) The declaration may appear in more than one line. The term "net weight” shall be used when stating the net quantity of contents in terms of weight. Use of the terms “net” or “net contents” in terms of fluid measure or numerical count is optional. It is suficient to distinguish avoirdupois ounce from fluid ounce through association of terms; for example, “Net wt. 6 oz.” or

“6 oz. Net wt.” and “6 fl. oz.” or “Net weight, measure, or count that tends to contents 6 in. oz."

exaggerate the amount of the food con(k) On packages containing 4 pounds tained in the package; for example, or 1 gallon or more and labeled in terms "jumbo quart” and “full gallon”. Dual of weight or fluid measure, the declara- or combination declarations of net quantion shall be expressed in pounds for tity of contents as provided for in paraweight units with any remainder in graphs (a), (c), and (j) of this section terms of ounces or common or decimal (for example, a combination of net fraction of the pound, or in the case of weight plus numerical count, net confluid measure, it shall be expressed in tents plus dilution directions of a conthe largest whole unit (gallons followed centrate, etc.) are not regarded as supby common or decimal fraction of a gal- plemental net quantity statements and lon or by the next smaller whole unit or may be located on the principal display units (quarts, or quarts and pints)) with panel. any remainder in terms of fluid ounces (p) A separate statement of the net or common or decimal fractions of the quantity of contents in terms of the metpint or quart (see paragraph (m) (6) of ric system is not regarded as a supplethis section).

mental statement and an accurate state(1) [Reserved]

ment of the net quantity of contents in (m) Examples:

terms of the metric system of weight or (1) A declaration of 142 pounds weight measure may also appear on the prinshall be expressed as “Net Wt. 24 oz. (1 cipal display panel or on other panels. Ib. 8 oz.)," "Net Wt. 24 oz. (142 lb.)," or (q) The declaration of net quantity of “Net Wt. 24 oz. (1.5 lb.)".

contents shall express an accurate state(2) A declaration of 34 pound avoir- ment of the quantity of contents of the dupois weight shall be expressed as “Net package. Reasonable variations caused Wt. 12 oz.”

by loss or gain of moisture during the (3) A declaration of 1 quart liquid course of good distribution practice or measure shall be expressed as “Net 32 by unavoidable deviations in good manufi. oz. (1 qt.)”.

facturing practice will be recognized. (4) A declaration of 134 quarts liquid Variations from stated quantity of conmeasure shall be expressed as “Net tents shall not be unreasonably large. contents 56 fluid ounces (1 quart 142 (32 F.R. 10731, July 21, 1967; 32 F.R. 10980, pints)” or as “Net 56 fluid oz. (1 qt. 1 pt. July 27, 1967, as amended at 32 F.R. 13278, 8 oz.)," but not in terms of quart and Sept. 20, 1967] ounce such as “Net 56 fluid oz. (1 quart

§ 1.8c Food labeling; number of serv24 ounces)".

ings. (5) On a random package, declaration of 34 pound avoirdupois may be expressed

(a) The label of any package of a food as “Net Wt. .75 lb."

which bears a representation as to the (6) A declaration of 242 gallons liquid

number of servings contained in such

package shall bear in immediate conmeasure shall be expressed as “Net contents 242 gallons," "Net contents 2.5 gal

junction with such statement, and in the

same size type as is used for such statelons,” or “Net contents 2 gallons 2 quarts" and not as “2 gallons 4 pints".

ment, a statement of the net quantity

(in terms of weight, measure, or numeri(n) For quantities, the following ab

cal count) of each such serving; however, breviations and none other may be em

such statement may be expressed in ployed (periods and plural forms are

terms that differ from the terms used in optional):

the required statement of net quantity weight wt. pint pt.

of contents (for example, cupfuls, tableounce oz. quart qt.

spoonfuls, etc.) when such differing term pound lb. fluid i.

is common to cookery and describes a gallon gal.

constant quantity. Such statement may (0) Nothing in this section shall pro- not be misleading in any particular. A hibit supplemental statements at loca- statement of the number of units in a tions other than the principal display package is not in itself a statement of panel(s) describing in nondeceptive the number of servings. terms the net quantity of contents; pro- (b) If there exists a voluntary prodvided, that such supplemental statements uct standard promulgated pursuant to of net quantity of contents shall not in- the procedures found in Part 10, Title clude any term qualifying a unit of 15, Code of Federal Regulations, by the Department of Commerce, quantitatively suficiency of label space, as prescribed defining the meaning of the term "sery- in regulations promulgated under secing" with respect to a particular food, tion 403 (e) or (1) of the act, shall apply then any label representation as to the if such insuficiency is caused by: number of servings in such packaged (1) The use of label space for any food shall correspond with such quan- word statement, design, or device which titative definition. (Copies of published is not required by or under authority of standards are available upon request the act to appear on the label; from the National Bureau of Standards, (2) The use of label space to give Department of Commerce, Washington, greater conspicuousness to any word, D.C. 20234.)

statement, or other information than is (82 FR. 10733, July 21, 1967, as amended at required by section 403 (1) of the act; or 32 F.R. 18278, Sept. 20, 1967)

(3) The use of label space for any rep8 1.9 Food; labeling; prominence of

resentation in a foreign language. required statements.

(c) (1) All words, statements, and

other information required by or under (a) A word, statement, or other in

authority of the act to appear on the formation required by or under authority

label or labeling shall appear thereon of the act to appear on the label may lack

in the English language: Provided, howthat prominence and conspicuousness re

ever, That in the case of articles disquired by section 403(1) of the act by

tributed solely in the Commonwealth of reason (among other reasons) of:

Puerto Rico or in a Territory where the (1) The failure of such word, state

predominant language is one other than ment, or information to appear on the

English, the predominant language may part or panel of the label which is pre

be substituted for English. sented or displayed under customary

(2) If the label contains any repreconditions of purchase; (2) The fallure of such word, state

sentation in & foreign language, all

words, statements, and other informament, or information to appear on two

tion required by or under authority of or more parts or panels of the label, each

the act to appear on the label shall apof which has suficient space therefor,

pear thereon in the foreign language. and each of which is so designed as to

(3) If the labeling contains any reprender it likely to be, under customary

resentation in a foreign language, all conditions of purchase, the part or panel displayed;

words, statements, and other informa

tion required by or under authority of (8) The failure of the label to extend over the area of the container or pack

the act to appear on the label or labeling age available for such extension, so as to

shall appear on the labeling in the for

eign language. provide suficient label space for the prominent placing of such word, state

(20 PR. 9628, Dec. 20, 1968, as amendod at

33 F.R. 16118, Oct. 10, 1968] ment, or information;

(4) Insuficiency of label space (for 8 1.10 Food; labeling; designation of the prominent placing of such word, ingrediente. statement, or information) resulting

(a) The name of an ingredient (exfrom the use of label space for any word,

cept a spice, flavoring, or coloring which statement, design, or device which is not

is an ingredient of a food other than one required by or under authority of the

sold as a spice, navoring, or coloract to appear on the label;

ing), required by Section 403(1) (2) (5) Insuficiency of label space (for

of the act to be borne on the label the prominent placing of such word,

of a food, shall be a specific name and statement, or information) resulting

not a collective name. But if an infrom the use of label space to give ma

gredient (which itself contains two or terially greater conspicuousness to any

more ingredients) conforms to a definiother word, statement, or information,

tion and standard of identity prescribed or to any design or device; or

by regulations under section 201 of the (6) Smallness or style of type in act, such ingredient may be designated which such word, statement, or informa- on the label of such food by the name tion appears, insum cient background specified in the definition and standard, contrast, obscuring designs or vignettes, supplemented, in case such regulations or crowding with other written, printed, require the naming of optional ingredior graphic matter.

ents present in such ingredient, by a (b) No exemption depending on in- statement showing the optional ingredi

ents which are present in such ingredient.

(b) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The term "coloring" shall not include any bleaching substance.

(c) An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such ingredient is designated by its specific name.

(d) In the case of fabricated foods, including mixtures of food ingredients, where the proportion of an expensive ingredient or ingredients present has & material bearing on price or consumer acceptance, the label of such food shall bear a quantitative statement of such ingredient(s) if the label without such declaration may create an erroneous impression that such ingredient or ingredients are present in an amount greater than is actually the case. For example, a label designation of identity as “cottonseed oil and olive oil” for a mixture containing 80 percent or more of cottonseed oil would require a declaration of the percent of olive oil present. Similarly, a representation by vignette or statement of identity that a breakfast syrup is made from a mixture of sugar syrup and maple sugar syrup would necessitate a quantitative declaration of the maple sugar syrup unless more than 20 percent maple sugar syrup is present.

(e) In the case of an assortment of different items of food, when variations in the items that make up different packages packed from such assortment normally occur in good packing practice and when such variations result in variations in the ingredients in different packages, such food shall be exempt from compliance with the requirements of clause (2) of section 403 (1) of the act with respect to any ingredient that is not common to all packages. Such exemption, however, shall be on the condition that the label shall bear, in conjunction with the names of such ingredients as are common to all packages, a statement (in terms that are as informative as practicable and that are not misleading) indicating that other ingredients may be present.

(f) A food shall be exempt while held for sale from the requirements of clause (2) of section 403 (1) of the act (requiring a declaration on the label of the common or usual name of each ingredi. ent when the food is fabricated from two or more ingredients) if said food, having been received in bulk containers at a retail establishment, is dispiayed to the purchaser with either (1) the labeling of the bulk container plainly in view or (2) & counter card, sign, or other appropriate device bearing prominently and conspicuously the information required to be stated on the label pursuant to clause (2) of section 403 (1).

(g) Propylene glycol or glycerin present in quiescently frozen confections because of use as a carrier for food-grade emulsifiers and stabilizers is exempt from the requirements of section 403(1) (2) of the act (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients).

(h) Ingredients shall be listed by common or usual name in order of decreasing predominance. The declaration shall be presented on any appropriate information panel in adequate type size, without obscuring design, vignettes, or crowding. The entire ingredient statement shall appear on a single panel of the label. [20 F.R. 9528, Dec. 20, 1955, as amended at 31 F.R. 3115, Feb. 25, 1966; 32 F.R. 10733, July 21, 1967; 32 F.R. 13278, Sept. 20, 1967] $ 1.11

Special dietary uses. (a) The term “special dietary uses”, as applied to food for man, means particular (as distinguished from general) uses of food, as follows:

(1) Uses for supplying particular dietary needs which exist by reason of a physical, physiological, pathological or other condition, including but not limited to the conditions of diseases, convalescence, pregnancy, lactation, allergic hypersensitivity to food, underweight, and overweight;

(2) Uses for supplying particular dietary needs which exist by reason of age, including but not limited to the ages of infancy and childhood;

(3) Uses for supplementing or fortifying the ordinary or usual diet with any vitamin, mineral, or other dietary property. Any such particular use of a food is a special dietary use, regardless of

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