1. (a) Food labels.

   1. (1) Food packaged in a retail food establishment shall be labeled as specified in law, including 21 C.F.R. pt. 101, Food labeling, and 9 C.F.R. pt. 317, Labeling, marking devices, and containers.

   2. (2)

      1. (A) Label information shall include:

2. (i) The common name of the food, or, absent a common name, an adequately descriptive identity statement;

   1. (ii) If made from two (2) or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;

      1. (iii) An accurate declaration of the quantity of contents;

         1. (iv) The name and place of business of the manufacturer, packer, or distributor; and
         2. (v) 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. ^Pf
      2. (B) Except as exempted in section 403(q)(3) – (5) of the Federal Food, Drug, and Cosmetic Act, nutrition labeling as specified in 21 C.F.R. pt. 101, Food labeling, and 9 C.F.R. pt. 317, Subpart B — Nutrition labeling.
      3. (C) 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.

   2. (3) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

      1. (A) The manufacturer’s or processor’s label that was provided with the food; or
      2. (B) A card, sign, or other method of notification that includes the information specified under subdivisions (a)(2)(A)(i), (ii), and (a)(2)(B) of this section.

   3. (4) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

      1. (A) A health, nutrient content, or other claim is not made;
      2. (B) There are no state or local laws requiring labeling; and
      3. (C) The food is manufactured or prepared on the premises of the retail food establishment or another 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.

3. (b) Other forms of information.

   1. (1) If required by law, consumer warnings shall be provided.
   2. (2) Retail food establishment or manufacturers’ dating information on foods may not be concealed or altered.

Codification Notes: Sections 403(q)(3) – (5) of the Food, Drug, and Cosmetic Act are codified at 21 U.S.C. § 343(q)(3) – (5).