L139. If a bulk food is repacked at the retail level and sold in packaged form
instead of from the bulk container, do the individual packages have to
carry nutrition labeling?
Answer: Yes. When foods are received by a retail store in bulk form and
repacked for sale to consumers as a packaged food, the package must meet all
mandatory labeling requirements.
L140. When placing nutrition labeling on bulk foods, how should the number
of servings per bulk container be declared?
Answer: The number of servings in a bulk container will vary according to
the fill of the container, and such a number is of little or no usefulness to
consumers. FDA would be unlikely to object to a statement that the
“Servings per container” are “varied” on bulk food containers or on random
weight portions of foods repackaged by the retailer.
L141. Who is responsible for providing nutrition information for bulk foods?
Answer: The retailer is responsible for displaying the nutrition information
in the required format on or adjacent to the bulk container. The information
may be obtained/provided by either the supplier or retailer. The decision as
to who actually develops the information is up to those parties involved.
L142. If a co-op sells bulk foods directly to consumers or consumer groups,
must the bulk container bear nutrition labeling?
Answer: Yes. Subject, of course, to the exemptions for small businesses.
EXEMPTIONS
Voluntary Nutrition Labeling of Raw Fruits, Vegetables and Fish
L143. What are the 20 most frequently consumed raw fruits, vegetables, and
fish? Are they determined on a regional basis?
Answer: On July 25, 2006 (71 FR 42031), (corrected August 17, 2006 (71
FR 47439), FDA published a final rule to update the names and nutrition
values of the top 20 raw fruits, vegetables, and fish. The 20 foods for each
group are identified in 21 CFR 101.44. The same list is to be used
nationwide. The 20 most frequently consumed raw fruits are: Apple, avocado
(California), banana, cantaloupe, grapefruit, grapes, honeydew melon,
kiwifruit, lemon, lime, nectarine, orange, peach, pear, pineapple, plums,
strawberries, sweet cherries, tangerine, and watermelon. The 20 most
frequently consumed raw vegetables are: Asparagus, bell pepper, broccoli,
carrot, cauliflower, celery, cucumber, green (snap) beans, green cabbage,
green onion, iceberg lettuce, leaf lettuce, mushrooms, onion, potato, radishes,
summer squash, sweet corn, sweet potato, and tomato. The 20 most frequently
consumed raw fish are: Blue crab, catfish, clams, cod, flounder/sole, haddock,
halibut, lobster, ocean perch, orange roughy, oysters, pollock, rainbow trout,
rockfish, salmon (Atlantic/coho/Chinook/sockeye, chum/pink), scallops,
shrimp, swordfish, tilapia, and tuna.
L144. Can retailers provide nutrition labeling for raw fruit, vegetables, and
fish that are not among the top 20 items?
Answer: Yes.
The
names
and
descriptions
of
these
foods
should
clearly
identify
them
as
distinct
from
the
foods
among
the
most
frequently
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G U I D A N C E F O R I N D U S T R Y