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M E M O RA N D UM V iaE lectronic M ail
TO:
Clients and Interested Parties
DATE: June 2, 2016 RE:
FDA Issues Final Rule on Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; and Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed
On May 27, 2016, the Food and Drug Administration (FDA) issued its final rule on Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; DualColumn Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed.1 The final rule amends existing regulations under 21 CFR 101.9 (“Nutrition labeling of food”) and 101.12 (“Reference amounts customarily consumed per eating occasion”). FDA issued a proposed rule on this topic on March 3, 2014, and the final rule largely tracks the proposed rule.2 The final rule: (1) changes Reference Amounts Customarily Consumed (RACCs) for certain foods; (2) creates new reference amount categories and reference amounts; (3) amends the definition of a single-serving container; and (4) requires dual column nutrition labeling for certain food containers. The final rule is intended to ensure that serving sizes are based on current consumption data and, by changing the serving size rules, to provide consumers with information in the Nutrition Facts label that will facilitate maintaining healthy dietary practices. This final rule has been issued in conjunction with FDA’s Final Rule on Revision of the Nutrition and Supplement Facts Labels,3 which includes changes to (1) nutrients required or permitted to be declared, (2) 1
Final Rule: 81 Fed. Reg. 34000 (May 27, 2016), available at https://www.gpo.gov/fdsys/pkg/FR-2016-05-27/pdf/2016-11865.pdf.
2
Proposed Rule: 79 Fed. Reg. 11990 (Mar. 3, 2014), available at https://www.gpo.gov/fdsys/pkg/FR-2014-03-03/pdf/2014-04385.pdf. 3
See Final Rule for Nutrition and Supplement Facts Labels, 81 Fed. Reg. 33741 (May 27, 2016), available at https://www.gpo.gov/fdsys/pkg/FR-2016-05-27/pdf/2016-11867.pdf.
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Daily Values for certain nutrients, (3) labeling of foods represented specifically for use by children under the age of 4 years and pregnant and lactating women, and (4) the design of the Nutrition and Supplement Facts labels. Although the final rule is effective on July 26, 2016, companies generally have until July 26, 2018 to comply, except that manufacturers with less than $10 million in annual food sales have until July 26, 2019. I.
KeyD ifferences between P roposed and FinalRu le
There are several notable differences between the proposed and final rules. These differences are summarized below:
D u alcolu mn labeling(i.e.,N u trition labelingon both aperservingand per containerbasis)is requ ired forcontainers hold ing200-300% of the RA C C .The proposed rule would have required dual column labeling for foods containing 200400% of the RACC.
P rod u cts thatvolu ntaryprovid e asecond colu mn of nu trition inform ation for two ormore grou ps forwhich Recom m end ed D ailyIntakes (RD Is)are established (e.g.,both infants and child ren less than 4 years of age)are ex empt from d u alcolu mn nu trition labelingforcontainers hold ing200-300% of the RA C C .The proposed rule would have required that products voluntarily including nutrition information for these subgroups include a third column of Nutrition Facts information on a “per container” basis.
W hen anu trientcontentclaim is mad e on the labelof afood with d u alcolu mn labeling,the claim mu stbe followed byastatem entclarifyingthe basis (e.g., “good sou rce of calciu m perserving”or“perX [insertu nit] __serving”)orper reference amou nt(e.g.,“good sou rce of calciu m per[insertreference amou nt (e.g.,per8 ou nces)]”)u nless the claim is m etforboth the reference am ou ntand entire container.The proposed rule would have required a lengthier disclosure statement, reading (for example) “a serving of __ oz of this product contains __ mg of calcium” following the calcium nutrient content claim.
B u lkfood items (e.g.,flou r,sweeteners,shortening,oil,eggs,and bu tter)willnot be ex emptfrom d u alcolu mn labeling;however,raw prod u ce and seafood willbe ex empted from d u al-colu mn labelingrequ irem ents.The proposed rule included an exemption for bulk products, but FDA determined that there were no consumption data supporting this exemption. The exemption for raw produce and seafood will apply regardless of whether voluntary nutrition information is provided for the product, either in labeling or in advertising, or whether nutrition claims are made for the product.
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FD A d etermined itwas u nnecessaryto amend the rou nd ingru les forfood prod u cts with more than five servings.The proposed rule would have amended the regulation to specify that the number of servings should be rounded up if the number of servings falls exactly halfway between two allowable declarations.
This is not an exhaustive list of differences between the proposed and final rule; examples of other changes include changes to the RACCs for certain types of foods and inclusion of specific types of foods in RACC categories. II.
S u m maryof FinalRu le
As noted above, the final rule addressed (1) changes to Reference Amounts Customarily Consumed (RACCs) for certain foods; (2) creation of new reference amount categories and reference amounts; (3) amendment of the definition of a single-serving container; and (4) requirements for dual column nutrition labeling for certain food containers. A summary of each of these changes is provided below. A.
C hanges to Reference A mou nts in 21 C FR 101.12
A major motivation for this rulemaking is the change in Americans’ eating habits since the original Nutrition Label and serving size regulations were promulgated in 1993. When RACCs were originally issued, FDA relied on the U.S. Department of Agriculture’s Nationwide Food Consumption Surveys from 1977-1978 and 1987-1988. In support of the changes to RACCs under Section 101.12 in this rulemaking, FDA references more recent consumption data from the 2003-2008 National Health and Nutrition Examination Surveys (NHANES).4 If the 1993 RACCs differed by at least 25% as compared to median NHANES 2003-2008 consumption data and if there was an adequate sample size to rely on the survey data for the given food, FDA considered amending the RACC under Section 101.12. In addition, FDA promulgated RACCs based on requests from manufacturers (e.g., for breath mints). The changes to Table 2 (“Reference Amounts Customarily Consumed Per Eating Occasion General Food Supply”) under 21 CFR 101.12(b) in the final rule are almost identical to those in the proposed rule. The final rule includes RACC increases (e.g., RACC of most beverages increases from 240 mL to 360 mL), RACC decreases (e.g., certain candies decrease from 40 g to 30 g), RACC additions (e.g., after dinner confectioneries), and RACC revisions (e.g., moving bagels, toaster pastries, and muffins to a separate category). With respect to the increase in RACC for “coffee beans, tea leaves, and certain plain unsweetened coffee and tea products” from 240 mL to 360 mL (as prepared), FDA received comments noting that the change 4
NHANES surveys are conducted in two-year cycles. The 2003-2008 NHANES data consist of surveys conducted from 2003-2004, 2005-2006, and 2007-2008, the most recent survey data available when FDA began this rulemaking. FDA averaged the data from these three surveys.
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may result in certain types of coffee and tea having a low but detectable level of potassium, risking these foods no longer being foods containing insignificant amounts of all nutrients required to be declared in the Nutrition Facts label; these foods are exempt from the Nutrition Facts labeling requirements under Section 101.9(j)(4). In response, FDA stated that it will exercise enforcement discretion for products that have been exempt under Section 101.9(j)(4) prior to the effective date of the final rule, even though these products would no longer contain insignificant levels of allnutrients due to the increase in RACC. Generally, where existing RACCs have been revised, most have been increased. As a result, we note that some foods affected by the revised RACCs may no longer qualify or may become newly qualified (depending on the change in RACC and the claim at issue) to make nutrient content claims and health claims. These claims are not the subject of the current proposed rulemaking; FDA has stated that it intends to conduct separate rulemaking, if necessary, to address impacts on claims resulting out of this rulemaking. The single change to Table 1 (“Reference Amounts Customarily Consumed Per Eating Occasion: Infant and Toddler Foods”) and multiple changes to Table 2 of Section 101.12(b) are summarized at the end of the memorandum, indicating both changes as compared to the current text of the regulation and as compared to the proposed rule. B .
Revisions to 21 C FR 101.9 1.
D efinition of the Term “S ingle S erving”in Regard to Ind ivid u al C ontainers and D iscrete Units
FDA has finalized significant changes to its regulations regarding when foods that are packaged and sold individually or sold as discrete units may be labeled as a single serving. FDA’s current rule at 21 CFR 101.9(b)(6), includes different rules for foods depending on whether the reference amount for the food is more or less than 100 g or 100 mL.5 ” The final rule creates a uniform standard for all foods, regardless of the reference amount and requires that a product that is packaged and sold individually and contains less than 200% of 5
Current 21 CFR 101.9(b)(6) defines a single serving container based on the size of the reference amount. For foods with a reference amount less than 100 g or 100 mL, a single serving container would include any individually-sold packages containing less than 200% of the RACC. For foods with a reference amount greater than or equal to 100 g or 100 mL, a single serving container would include any individually-sold packages containing less than or equal to 150% of the RACC. If the amount is more than 150% but less than 200% of the reference amount, the manufacturer has the discretion to declare one or two servings. Also, under the current regulation, packages sold individually and containing 200% or more of the reference amount – regardless of the size of the RACC – may still be considered a single serving “if the entire content of the package can reasonably be consumed at a single-eating occasion.
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the reference amount must be labeled as one serving. FDA conducted research and determined that a person is just as likely to consume up to 200% of the reference amount when the food has a small RACC (e.g., 30 g) as opposed to a large RACC (e.g., 240 g). FDA has also finalized similar changes to the serving size rules for foods sold in discrete units (e.g., muffins, sliced products, such as sliced bread, or individually packaged products within a multiserving package). The agency deleted Section 101.9(b)(2)(i)(E), which permitted the manufacturer to declare the individual units as 1 or 2 servings if the discrete units of food (a) have a RACC of 100 g or 100 ml or larger and are individual units within a multi-serving container and (b) contain more than 150%, but less than 200% of the reference amount. FDA also has removed the text in current section 101.9(b)(2)(i)(D), which provides that if a discrete unit weighs 200% or more of the reference amount, the serving size may be declared as one unit if the entire unit can reasonably be consumed in one-eating occasion. To accommodate some types of foods that may not be consumed in one sitting by a single individual (e.g., frozen potato products, frozen vegetables, and macaroni and cheese kits—which may be shared by several individuals), FDA has revised section 101.9(b)(6) to allow manufacturers of products that are packaged and sold individually that contain more than 150% and less than 200% of the reference amount to add a second column of nutrition information to the left of the column that provides information per container that provides information per common household measure that most closely approximates the reference amount. FDA decided to reduce the scope of the single serving container to 300% (down from 400%), based on its analysis that indicated that 90th percentile consumers of more than 90% of the categories analyzed consumed 300% or less of the RACC (based on the 2003-2008 NHANES data). Commenters indicated that the types of products that were consumed above 300% of the RACC included wine coolers, fluid cream, lemon and lime juice, horseradish, and mustard (i.e., not major categories of food). FDA also recognized that it would be incongruous to suggest that an individual would consume a quart of milk or a 32 fluid ounce bottle of juice in a single eating occasion. FDA declined to create different rules for different types of foods (e.g., based on RACC size). 2.
D u al-C olu mn L abeling
FDA found that dual-column labeling facilitated consumers’ ability to evaluate the number of calories and other nutrients per serving and per container. Under 21 CFR 101.9, there are currently provisions permitting voluntary dual-column nutrition labeling and requiring dualcolumn labeling. Specifically, section 101.9(b)(10)(i) currently permits, but does not require, dual column labeling to show nutrition values (1) per 100 g or 100 mL, or per 1 oz or 1 fl oz of the food as packaged or purchased; (2) per one unit if the serving size of a product in discrete units in a multiserving container is more than 1 unit; and (3) per cup popped for popcorn in a multiserving container. Under section 101.9(b)(11), dual column nutrition labeling is currently required “[i]f a product is promoted on the label, labeling, or advertising for a use that differs in
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quantity by twofold or greater from the use upon which the reference amount in §101.12(b) was based.” The final rule requires dual column nutrition labeling for certain foods that are packaged and sold individually and foods sold in discrete units. Foods packaged and sold individually and containing at least 200% and up to and including 300% of the applicable reference amount must provide nutrition labeling with a dual column format. For example, a carbonated beverage in a 36 fluid ounce container would require dual column nutrition facts labeling; a two liter bottle would not require the second column. When required, the second column must list the quantitative amounts and percent Daily Values for the entire container to the right of the first column, which will provide Nutrition Facts on a per serving basis. Similarly, for products sold as a discrete unit that weighs at least 200% and up to and including 300% of the reference amount, dual format nutrition labeling is required. For example, a container of six bagels where each bagel weighs 275 grams (250% of the newly proposed 110 gram RACC) would require dual column nutrition facts labeling; a similar multiunit container of bagels with 150 gram (less than 200% of the RACC) or 450 gram (more than 300% of the RACC) would not require dual-column labeling. Similar to the requirement for single serving containers, the second column must list the quantitative amounts and percent Daily Values for the individual unit to the right of the nutrition information based on the serving size for the product. In the proposed rule, FDA requested comments on whether to exempt various types of food from the dual-column labeling requirement, and the final rule includes several changes in terms of exemptions. As with the proposed rule, the final rules include exemptions for:
Products that meet the requirements to use the tabular nutrition facts format (21 CFR 101.9(j)(13)(ii)(A)(1)) or the linear nutrition facts format (21 CFR 101.9(j)(13)(ii)(A)(2)) (i.e., which have a total surface area available to bear labeling of 40 or less square inches);
Products that require further preparation and provide an additional column of nutrition information under 21 CFR 101.9(e) on an “as packaged” and “as prepared” basis; and
Products that are commonly consumed in combination with another food (e.g., cereal, which is commonly consumed with milk).
FDA added an exemption for:
Raw fruits, vegetables, and seafood for which voluntary nutrition labeling is provided (in the product labeling or advertising or when claims are made about the product);
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Foods that provide an additional column of information for two or more groups for which RDIs are established (e.g., both infants and children less than 4 years of age);
Popcorn that provides an additional column of nutrition information per 1 cup popped popcorn; and
Varied weight products (e.g., wedges of cheese).
FDA considered but declined to exempt from dual column labeling bulk products that are used primarily as ingredients (e.g., flour, sweeteners, shortenings, oils), bulk products traditionally used for multi-purposes (e.g., eggs, butter, margarine), and multipurpose baking mixes. However, FDA determined that there were no data to support that these types of foods would not be consumed in a single eating occasion if a container packaged 200-300% of the RACC. FDA received comments that FDA’s rounding rules may lead to confusing information in the dual column nutrition labeling. For example, a package of cookies contains two cookies that each weigh 30 g (the RACC) and contains 111 calories (actual) if one eats both cookies; each cookie contains 55.5 calories (actual). Based on rounding rules, the label would state that there are 110 calories from fat per container but 60 calories from fat per cookie. FDA declined to change the final rule to accommodate these concerns and acknowledges that seemingly disparate information may appear in dual column labeling due to rounding rules. FDA has stated that manufacturers voluntarily include a truthful statement explaining how rounding affects dualcolumn labeling in an area apart from the Nutrition Facts; FDA did not agree that it would be appropriate to include a footnote (e.g., “Columns may not add due to rounding.”) in the Nutrition Facts box. FDA also declined to require only labeling of certain nutrients in dual-column format (e.g., only calories, saturated fat, and sodium). FDA cited research indicating that consumers had an improved understanding of nutrition information when using dual-column labels for all nutrients. FDA also noted that different consumers are interested in different nutrients when making food choices; thus, it is required that all required nutrition information be provided in both columns. 3.
N u trientC ontentC laim s and H ealth C laims on Food L abels That A lso H ave D u alC olu m n N u trition Facts
The final rule changes requirements for nutrient content claims and health claims for foods that require dual column nutrition facts labeling if the claim is not applicable to both per serving and per container. If foods that are packaged and sold individually or sold in discrete units are required to bear dual format nutrition information (i.e., are 200-300% of the applicable RACC) and bear a nutrient content claim or health claim, the claim must be accompanied by a clarification noting the basis for the claim. For example, for a nutrient content claim such as
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“good source of iron,” the final rule would require that the claim state “good source of iron per serving,” “good source of iron per [insert unit] serving,” or “good source of iron per [insert reference amount, such as __ounces].” (These are not as cumbersome as the proposed language (i.e., “a serving of __ oz of this product contains __ mg of calcium.”) With respect to clarification language associated with a health claim, FDA adopted the language in the proposed rule, which states, “A serving of __ ounces of this product conforms to such a diet.” . FDA acknowledges that some foods that are currently able to bear claims may no longer be able to bear such claims due to changes in RACCs. FDA intends to consider in future rulemaking whether changes to criteria for claims would assist consumers in maintaining a healthy diet and whether such criteria should change. 4.
Rou nd ingRu les forP rod u cts ThatH ave M ore Than Five S ervings
FDA declined to amend the rounding rules for foods with more than five servings. Section 101.9(b)(8)(i) provides specific rounding rules for foods that contain between 2 and 5 servings, but merely states that the servings for foods with greater than five servings must be rounded to the nearest whole number. FDA proposed clarifying the ambiguity in the rule for containers that contain greater than five servings by requiring the number of servings to be rounded up to the nearest incremental size, if the number of servings falls exactly halfway between two allowable declarations. FDA received no comments on the proposal and ultimately determined the change to be unnecessary. *
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S u m maryof C hanges to RA C C s u nd er21 C FR 101.12 (C hanges A s C ompared to C u rrentRegu lation in B old ) C u rrentP rod u ct C u rrentRA C C N ew N ew P rod u ctC ategory C ategory and L abel RA C C and (ad d itions in bold) (ad d itions in bold) S tatem ent L abelS tatem ent Table 1--Reference A m ou nts C u stom arilyC onsu m ed P erE atingO ccasion:Infantand Tod d lerFood s 110 g Dinners, desserts, fruits, vegetables or soups, readyto-serve, strained type
60 g
Label statement: __ cup(s) (__ g); __cup(s) (mL)
Table 2--Reference A m ou nts C u stom arilyC onsu m ed P erE atingO ccasion:GeneralFood S u pply B akeryP rod u cts Biscuits, croissants, bagels, tortillas, soft bread sticks, soft pretzels, corn bread, hush puppies Coffee cakes, crumb cakes, doughnuts, Danish, sweet rolls, sweet quick type breads, m u ffins, toaster pastries
B agels,toasterpastries, m u ffins (ex clu dingE nglish m u ffins)
55 g
Biscuits, croissants, bagels, tortillas, soft bread sticks, soft pretzels, corn bread, hush puppies
Biscuits, croissants, tortillas, soft bread sticks, soft pretzels, corn bread, hush puppies, scones, cru m pets and E nglishm u ffins
55 g
Cakes, heavyweight (cheese cake; pineapple upside-down cake; fruit, nut and vegetable cakes with more than or equal to 35 percent of the finished weight as fruit, nuts, or vegetables or any of these combinations)
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110 g Label statement: __ piece(s) (__ g)
Unchanged
New Footnote 5 would provide a serving size for fruitcake of 1 ½ oz
125 g
Label statement: __ piece(s) (__ g) for distinct pieces (e.g., sliced or individually packaged products); __ fractional slice (__ g) for large discrete units
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C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold)
C u rrentRA C C and L abel S tatem ent
N ew RA C C and L abelS tatem ent 20 g
E ggroll,d u m pling,wonton, orpotstickerwrappers
French toast, pancakes, variety mixes
French toast, crepes, pancakes, variety mixes
110 g prepared for French toast and pancakes; 40 g dry mix for variety mixes
1/6 of 8 inch crust; 1/8 of 9 inch crust Pie crust
Pie crust, pie shell, pastry sheets (e.g.,phyllo,pu ff pastrysheets)
Label statement: 1/6 of 8 inch crust (__ g); 1/8 of 9 inch crust (__ g)
Label statement: __ sheet (g) or __wrapper (g) 110 g prepared for French toast, crepes, and pancakes; 40 g dry mix for variety mixes Label statement: __ piece(s) (__ g); __ cup(s) (__g) for dry mix The allowable declaration closest to an 8 sq. inch surface area Label statement: __fractional slice(s) (__g) for large discrete units; __shells (__g); __fractional __ sheet(s) (__g) for distinct pieces (e.g., Pastry sheet)
B everages
Carbonated and noncarbonated beverages, wine coolers, water
360 mL 240 mL
Label statement: 12 fl oz (360 mL) 360 mL
Coffee or tea flavored and sweetened
240 mL
D airyP rod u cts and S u bstitu tes
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Label statement: 12 fl oz (360 mL)
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C u rrentP rod u ct C ategory (ad d itions in bold) Milk, milk-substitute beverages, e.g.instant breakfast, meal replacement, cocoa
N ew P rod u ctC ategory (ad d itions in bold) Milk, milk-substitute beverages, e.g.instant breakfast, meal replacement, cocoa, soybeverage
C u rrentRA C C and L abel S tatem ent 240 mL
N ew RA C C and L abelS tatem ent Unchanged 170 g
Yogurt
225 g
Label statement: __ cup (__ g)
D esserts Ice cream, ice milk, frozen yogurt, sherbet: all types, bulk and novelties (e.g., bars, sandwiches, cones) Frozen flavored and sweetened ice and pops, frozen fruit juices: all types, bulk and novelties (e.g., bars, cups)
½ cup Ice cream ,frozen yogu rt, sherbet,frozen flavored and sweetened ice and pops, frozen fru itju ices:alltypes novelties (e.g., bars, sandwiches,cones,cu ps)
85 g
Label statement: 2 /3cu p(__ g); __ piece(s) (__ g) for individually wrapped or packaged products
½ cup prepared; amount to make ½ cup prepared when dry Custards, gelatin, or pudding
½ cup
Label statement: __ piece(s) (__ g) for distinct unit (e.g., individually packaged products); ½ cup (__ g) for bulk
D essertToppings orFillings 2 tbsp Cake frostings or icings
35 g
E ggand E ggS u bstitu tes
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Label statement: __ tbsp(s) (__ g)
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C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold) E ggwhites,su gared eggs, su gared eggyolks and egg substitutes (fresh,frozen, d ried)
Egg substitutes
C u rrentRA C C and L abel S tatem ent An amount to make 1 large (50 g) egg
N ew RA C C and L abelS tatem ent
Unchanged
Fish,S hellfish,Game M eats,and M eatorP ou ltryS u bstitu tes 85 g
Fish, shellfish or game meat, canned
Substitute for luncheon meat, meat spreads, Canadian bacon, sausages and frankfurters
55 g
Substitute for luncheon meat, meat spreads, Canadian bacon, sausages, frankfurters, and seafood
55 g
Label statement: __ piece(s) (__ g) for discrete pieces; __ cup(s) (__ g); 2 oz (56 g/__ cup) for products that are difficult to measure the g weight of cup measure (e.g., tuna); 2 oz (56 g/__ pieces) for products that naturally vary in size (e.g., sardines) Unchanged
Fru its and Fru itJu ices 50 g
Fruits used primarily as ingredients, avocado
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30 g
Label statement: Lists footnote 12, which references the label statement for the avocado serving size specified in Appendix C to 21 C.F.R. § part 101
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C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold)
C u rrentRA C C and L abel S tatem ent
N ew RA C C and L abelS tatem ent 50 g
Fruits used primarily as ingredients, others (cranberries, lemon, lime)
55 g
Label statement: __ piece(s) (__ g) for large fruits; __ cup(s) (__ g) for small fruits measurable by cup
M iscellaneou s 1 tbsp C ocoapowd er,carob powd er,u nsweetened
Drink mixers (without alcohol)
Amount to make 360 mL drink (without ice)
D rinkmix es (withou t alcohol):allothertypes (e.g.,flavored syru ps and powd ered d rinkm ix es)
Amount to make 240 ml. drink (without ice)
M ilk,milksu bstitu te,and fru itju ice concentrates (withou talcohol): e.g., drink mixers, frozen fru itju ice concentrate,sweetened cocoapowd er)
Amount to make 240 ml. drink (without ice)
S easoningoils and seasoningsau ces (e.g., coconu tconcentrate,sesam e oil,alm ond oil,chilioil, coconu toil,walnu toil)
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Label statement: 1 tbsp (__g)
Label statement: __ fl oz ( __ mL); __ tsp (__ g); __ tbsp (__ g)
Unchanged
1 tbsp Label statement: 1 tbsp (__g)
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C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold)
C u rrentRA C C and L abel S tatem ent
N ew RA C C and L abelS tatem ent
1 tsp
S easoningpastes (e.g.,garlic paste,gingerpaste,cu rry paste,chilipaste,m iso paste),freshorfrozen
Label statement: 1 tsp (__g)
M ix ed D ishes
Not measurable with cup, e.g., burritos, egg rolls, enchiladas, pizza, pizza rolls, quiche, all types of sandwiches
Not measurable with cup, e.g., burritos, enchiladas, pizza, pizza rolls, quiche, all types of sandwiches
140 g, add 55 g for products with gravy or sauce topping, e.g., enchilada with cheese sauce, crepe with white sauce
A ppetizers,hors d’oeu vres, m inimix ed d ishes,e.g.,mini bagelpizzas,bread ed m ozzarellasticks,eggrolls, d u m plings,potstickers, wontons,m iniqu esad illas, m iniqu iches,mini sandwiches,m inipizzarolls, potato skins
Unchanged
85 g, add 35 g for products with gravy or sauce topping Label statement: __ pieces (_g)
S au ces,D ips,Gravies,and C ond iments Minor main entrée sauces (e.g., pizza sauce, pesto sauce), other sauces used as toppings (e.g., gravy, white sauce, cheese sauce), cocktail sauce
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Minor main entrée sauces (e.g., pizza sauce, pesto sauce, A lfred o sau ce), other sauces used as toppings (e.g., gravy, white sauce, cheese sauce), cocktail sauce
¼ cup
Unchanged
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C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold)
C u rrentRA C C and L abel S tatem ent
N ew RA C C and L abelS tatem ent
S ou ps Amount to make 245 g Label statement: __ cup (__ g); __ cup (__ mL)
D rysou pm ix es,bou illon
S u gars and S weets 2g
Hard candies, breath mints
2g
40 g Label statement for bulk: 1/2 oz (14 g/visual unit of measure)
All other candies
New footnote 8 requires the label serving size for breath mints of all sizes, among other foods, to be 1 unit. 30 g Label statement for bulk: 1 oz (30 g/visual unit of measure) 10 g
A fter-d innerconfectionaries
Sugar
Th isd oc um en tw asd el ivered elec t ron ic al l y.
Label statement: piece(s) (__ g) 8g
4g
Label statement: __ tsp (_ g); __ piece(s) (__ g) for discrete pieces (e.g., sugar cubes, individually packaged products)
KELLER AND HECKMAN LLP June 2, 2016 Page 16
C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold)
C u rrentRA C C and L abel S tatem ent 30 mL for syrups used primarily as an ingredient (e.g., light or dark corn syrup); 60 mL for all others
Syrups Label statement: 2 tbsp (30 mL) for syrups used primarily as an ingredient; 1/4 cup (60 mL) for all others
N ew RA C C and L abelS tatem ent
30 mL for all syrups Label statement: 2 tbsp (30 mL)
15 mL for liquid candies and 15 g for all others
Hard candies, others
Hard candies, others; powd ered cand ies,liqu id cand ies
Honeys, jams, jellies, fruit butter molasses
Honeys, jams, jellies, fruit butter, molasses, fru itpastes, 1 tbsp fru itchu tneys
15 g
Label statement: piece(s) (__ g) for large pieces; __ tbsp(s) (__ g) for "mini-size" candies measurable by tablespoon; __ straw(s) (__ g) for powdered candies; __ wax bottle(s) (__mL) for liquid candies; ½ oz (14 g/visual unit of measure) for bulk products Unchanged
V egetables Chili pepper, green onion
Th isd oc um en tw asd el ivered elec t ron ic al l y.
Freshorcanned chili peppers, jalapeno peppers, otherhotpeppers,green onion
30 g
Unchanged
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C u rrentP rod u ct C ategory (ad d itions in bold)
N ew P rod u ctC ategory (ad d itions in bold) D ried vegetables,d ried tom atoes,su n-d ried tom atoes,d ried m u shroom s, d ried seaweed
D ried seaweed sheets
S prou ts,alltypes:freshor canned
Th isd oc um en tw asd el ivered elec t ron ic al l y.
C u rrentRA C C and L abel S tatem ent
N ew RA C C and L abelS tatem ent 5 g, add 5 g for products packaged in oil Label Statement: __ piece(s); 1/3 cup (__ g) 3g Label Statement: __ piece(s) (__ g); __cup(s) (__ g) ¼ cup Label Statement: ¼ cup (__ g)
