Food Labels: Identity, Net Quantity and Ingredient Order
A food label is a regulated document with assigned panels. Two elements belong on the front and the rest on an adjoining panel, each with a minimum type size tied to the size of the package, and the ingredient list has an order that is not a matter of preference.
The rule in short
A packaged food label must bear a statement of identity and a net quantity declaration on the principal display panel, and the ingredient list, the name and place of business of the responsible firm, and nutrition labeling on the principal display or information panel. Ingredients are listed in descending order of predominance by weight under their common or usual names. The nine major food allergens must be declared in a defined form.
A food label is divided into panels with assigned roles. The principal display panel is the part of the label most likely to be displayed under customary conditions of retail sale. The information panel is the panel immediately to the right of it. Required statements have assigned homes, and putting one in the wrong place is a labeling violation independent of whether the statement itself is accurate.
The two elements that belong on the front
The statement of identity is the name of the food. It appears on the principal display panel in bold type, in a size reasonably related to the most prominent printed matter on that panel, and generally in lines parallel to the base of the package as it is displayed. Where a standard of identity exists for the food, the name specified in the standard must be used, and a food failing the standard may not use the name.
The net quantity of contents declaration also appears on the principal display panel, placed in the bottom thirty percent of the panel and generally parallel to the base. It is expressed in both customary and metric units, in terms of weight for solids, fluid measure for liquids, and numerical count where appropriate. Its minimum type size scales with the area of the panel, so a larger package requires larger type. Qualifying terms such as jumbo or giant may not accompany the declaration in a way that exaggerates the quantity.
Ingredients, the responsible firm and nutrition
The ingredient list may appear on the principal display panel or the information panel, and it lists each ingredient by its common or usual name in descending order of predominance by weight. Ingredients present at two percent or less by weight may be grouped at the end following an appropriate qualifying statement. Ingredients that are themselves composed of two or more ingredients are declared either by listing their components in parentheses after the ingredient's name, or by dispersing the components into the main list in their proper order.
Certain ingredients follow specific conventions. Certified color additives are declared by their specific names. Spices, natural flavors and artificial flavors may be declared collectively, though a spice that also serves as a coloring must be declared as both. Incidental additives present at insignificant levels and having no technical or functional effect in the finished food need not be declared, and that exemption does not extend to major food allergens.
The name and place of business of the manufacturer, packer or distributor appears on the principal display or information panel. Nutrition labeling appears in the prescribed format, with serving sizes based on the reference amounts customarily consumed rather than on the manufacturer's preference.
The nine major food allergens must be identified by their food source names. That is achieved either by including the source name in parentheses following the ingredient's common name, or by a separate contains statement immediately after or adjacent to the ingredient list. Tree nuts, fish and crustacean shellfish must be identified by specific species or type. An ingredient list naming a protein isolate without its source, with no contains statement, is misbranded even though every ingredient is listed.
Where each element goes
| Element | Required panel | Placement rule | Type size floor |
|---|---|---|---|
| Statement of identity | Principal display panel | Bold type, generally parallel to the base of the package | Reasonably related to the most prominent printed matter |
| Net quantity of contents | Principal display panel | Bottom thirty percent, parallel to the base | Scaled to the area of the panel |
| Ingredient list | Principal display or information panel | Descending order of predominance by weight | One-sixteenth inch, with relief for small packages |
| Allergen declaration | With or immediately following the ingredient list | Parenthetical source names or a contains statement | Same as the ingredient list |
| Responsible firm | Principal display or information panel | Name, street address unless directory-listed, city, state, postal code | One-sixteenth inch, with relief for small packages |
| Nutrition labeling | Principal display or information panel | Prescribed format and order of nutrients | Set by the format specifications |
Nothing may intervene between the required statements on the information panel. Placing a promotional graphic or a recipe between the ingredient list and the responsible firm statement is a placement violation, and it appears frequently on packages designed before the labeling review.
Exemptions and the products these rules do not reach
Nutrition labeling carries exemptions that the other elements do not. Food sold by small businesses meeting the employee and unit thresholds may be exempt on filing a notice, and that exemption is lost by making a nutrient content or health claim. Foods in small packages, foods sold for immediate consumption, and certain raw commodities have their own treatment. Restaurant foods and foods sold at retail for immediate consumption are handled separately, with menu labeling requirements applying to covered establishments.
Meat, poultry and processed egg products are labeled under separate authority, with their own regulations and, for many products, a label approval process rather than the self-determination model used elsewhere. A processor making both kinds of product operates under two labeling regimes at once, and the differences in required elements and approval routes are practical rather than theoretical.
Reviewing a label before it prints
Three checks catch most defects. Measure the principal display panel and confirm that the net quantity type size and placement meet the rule for that area. Reconcile the ingredient list against the formula sheet by weight, including sub-ingredients, and confirm every allergen source appears. And confirm that nothing intervenes between required statements.
Label control is also a food safety control. Allergen labeling is one of the four control types in a written plan, and a label change is therefore a change to the food safety system under the preventive controls and plan requirements. Any claim added to the package moves the label into a different regulatory category with its own substantiation standards, described in the nutrient content and health claim rules.
Two further overlays are common. Product labeled as organic must satisfy the composition and labeling categories in the organic certification rules, which govern which of the four organic label statements a product may use. And produce packed for shipment under a federal order carries container and pack requirements from the marketing order handler rules, which apply on top of, not instead of, the labeling requirements.
Points to carry away
- The statement of identity and the net quantity declaration belong on the principal display panel.
- The net quantity declaration goes in the bottom thirty percent of the principal display panel.
- Ingredients are listed in descending order of predominance by weight, by common or usual name.
- The nine major food allergens are milk, egg, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame.
- Minimum type size is generally one-sixteenth of an inch measured by the lowercase letter o.
- Meat and poultry products are labeled under separate authority rather than under these rules.
Questions readers ask
When may a street address be omitted from the label?
The label must bear the name and place of business of the manufacturer, packer or distributor, including the street address, city, state and postal code. The street address may be omitted where the firm is listed in a current city directory or telephone directory. Where the firm named is not the manufacturer, the name must be qualified by a phrase revealing the connection, such as manufactured for or distributed by. Omitting that qualifier where the named firm did not make the product is a misbranding issue.
Do small packages get relief from the type size rules?
Some. Packages with a total surface area available for labeling below a stated size may use a smaller minimum type size for required statements, and packages with very small available area may qualify for further relief, including alternative means of providing nutrition information. The relief is tied to measured surface area rather than to a description of the package as small. Where a firm relies on it, the calculation should be documented, because the available area excludes surfaces that cannot practicably bear labeling.
What is a common or usual name and who decides it?
It is the name by which the food is known to the public, and for many foods it is fixed by a standard of identity established by regulation. Where a standard exists, a food that does not conform to it may not use the name. Where no standard exists, the name must be one that accurately identifies or describes the basic nature of the food in as simple and direct terms as possible. A fanciful or brand name never substitutes for the statement of identity, though it may appear alongside it.
Sources
- Cornell Legal Information Institute — 21 U.S.C. 343, Misbranded FoodThe statutory labeling requirements, including allergen declaration and nutrition labeling.
- eCFR — 21 CFR Part 101, Food LabelingPanel definitions, statement of identity, net quantity, ingredient listing and exemptions.
- eCFR — 21 CFR 101.9, Nutrition Labeling of FoodThe nutrition panel format, serving size basis and the small business exemptions.
- Cornell Legal Information Institute — 15 U.S.C. 1453, Requirements of LabelingThe packaging statute requiring identity, quantity and responsible firm disclosures.
- Food and Drug Administration — Guidance for Industry: A Food Labeling GuideThe agency's consolidated explanation of each required element and its placement.
- Food and Drug Administration — Food Labeling and NutritionCurrent labeling topics, formats and the agency's compliance materials.
Lawwise is a publication, not a law firm. This article states general rules and cites its sources; it is not advice about any particular case, and the law differs by state and changes over time.
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