Food Labeling

The goal of food labeling is to provide consumers with information on packaged foods that is factual and relevant to allow the consumer to make informed decisions about the foods they eat. Label information is intended to allow consumers to compare products, receive handling information, listings of ingredients and contact information for the producer or distributor so the consumer know who to call when they have questions.

Labeling requirements begin with the information that must be on the package. Section 19 CSR 20.1045 adopted the 2012 version of the section of the Code of Federal Regulations (21 CFR 101) for the basic label requirements. Other regulations that provide requirements for labels include:

  1. Fair Packaging and Labeling Act of 1967 (FPLA)
  2. Federal Food, Drug, and Cosmetic Act (FD&C)
  3. Nutrition Labeling and Education Act of 1990 (NLEA)
  4. Dietary Supplement Health and Education Act of 1994 (DSHEA)
  5. Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA)
  6. The Food Allergy Safety, Treatment, Education, and Research (FASTER) Act

All labels require some basic information. There are two main display panels that are describe in the regulations. The first is the Primary/Principle Display Panel (PDP) is required on all packages. It must have the products common name and net quantity. If the net quantity is the weight of the product it must be displayed in English and metric measurements. If the PDP is the only label it must list the ingredients in the order of most to least by weight and the name and address of the responsible firm. The second panel is the Information Panel (IP) and this is where the nutrition facts are to be when required. In addition the ingredient list can be placed here and the name and address of the responsible firm. The label must also identify in plain language whether the food contains any of the eight major allergens: milk, eggs, fish (e.g. bass, flounder or cod), crustacean shellfish (e.g. crab), tree nuts, wheat, peanuts and soybeans. The FDA has a Food Labeling Guide available with requirements and recommendations for designing labels.

Very small processors may be qualified for an exemption from the Nutrition Information panel portion of the labeling requirements. Please be aware this is not an exemption from the general food labeling requirements outlined in the regulation (e.g. ingredients, manufacturer information, quantity statement). Get information on filing for the exemption.

While neither our DHSS nor FDA has a formal food label approval process, processors are welcome to contact the Manufactured Food Program to request a review of label designs for major errors or omissions before they are sent for printing.  Labels that have been reviewed are not considered to be “approved”, but we are happy to assist in identifying problems before businesses incur the cost of printing.

Contact the Manufactured Food Program if you have questions on labeling requirements.