3717-1-03.5(C) Food: food identity, presentation, and on premises labeling

Food labels.

(1)

Foods packaged in a food service operation or retail food establishment, are to be labeled as specified in 21 C.F.R. 101 and 9 C.F.R. 317.

(2)

Label information is to include:

(a)

The common name of the food, or absent a common name, an adequately descriptive identity statement;

(b)

If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial colors, artificial flavors and chemical preservatives, if contained in the food;

(c)

An accurate declaration of the net quantity of contents;

(d)

The name and place of business of the manufacturer, packer, or distributor; and

(e)

The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.

(f)

Except as exempted in the Federal Food, Drug, and Cosmetic Act Section 403(q)(3)-(5) (as amended on March 23, 2010), nutrition labeling as specified in 21 C.F.R. 101 and 9 C.F.R. 317 Subpart B.

(g)

For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.

(3)

Bulk food that is available for consumer self-dispensing is to be prominently labeled with the following information in plain view of the consumer:

(a)

The manufacturer's or processor's label that was provided with the food; or

(b)

A card, sign, or other method of notification that includes the information specified under paragraphs (C)(2)(a), (C)(2)(b), (C)(2)(e), and (C)(2)(f) of this rule.

(4)

Bulk, unpackaged foods that are portioned to consumer specification need not be labeled if:

(a)

A health, nutrient content, or other claim is not made; and

(b)

The food is manufactured or prepared on the premises of the food service operation or retail food establishment, at another food service operation or retail food establishment, or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.