§ 101.3Identity labeling of food in packaged form.
(a) The principal display panel of a food in package form shall bear as one
of its principal features a statement of the identity of the
(b) Such statement of identity shall be in terms of:
(1) The name now or hereafter specified in or required by any applicable
Federal law or regulation; or, in the absence thereof,
(2) The common or usual name of the food; or, in the absence thereof,
(3) An appropriately descriptive term, or when the nature of the food is
obvious, a fanciful name commonly used by the public for such food.
(c) Where a food is marketed in various optional forms (whole, slices, diced,
etc.), the particular form shall be considered to be a
necessary part of the statement of identity and shall be declared in letters
of a type size bearing a reasonable relation to the size of the letters
forming the other components of the statement of identity; except that if
the optional form is visible through the container or is depicted by an
appropriate vignette, the particular form need not be included in the
statement. This specification does not affect the required declarations of
identity under definitions and standards for foods promulgated pursuant to
section 401 of the act.
(d) This statement of identity shall be presented in bold type on the
principal display panel, shall be in a size reasonably related to the most
prominent printed matter on such panel, and shall be in lines generally
parallel to the base on which the package rests as it is designed to be
(e) Under the provisions of section 403(c) of the
Federal Food, Drug, and Cosmetic Act, a food shall be deemed to be
misbranded if it is an imitation of another food unless its label bears, in
type of uniform size and prominence, the word “imitation” and, immediately
thereafter, the name of the food imitated.
(1) A food shall be deemed to be an imitation and thus subject to the
requirements of section 403(c) of the act if it
is a substitute for and resembles another food but is nutritionally inferior
to that food.
(2) A food that is a substitute for and resembles another food shall not be
deemed to be an imitation provided it meets each of the following
(i) It is not nutritionally inferior to the food for which it substitutes and
which it resembles.
(ii) Its label bears a common or usual name that complies with the provisions
of § 102.5 of this chapter and that is not
false or misleading, or in the absence of an existing common or usual name,
an appropriately descriptive term that is not false or misleading. The label
may, in addition, bear a fanciful name which is not false or
(3) A food for which a common or usual name is established by regulation
(e.g., in a standard of identity pursuant to section
401 of the act, in a common or usual name regulation pursuant to
of this chapter, or in a regulation establishing a nutritional quality guideline
pursuant to part 104 of this chapter), and which complies with all of the applicable requirements of such
regulation(s), shall not be deemed to be an imitation.
(4) Nutritional inferiority includes:
(i) Any reduction in the content of an essential nutrient that is present in
a measurable amount, but does not include a reduction in the caloric or fat
content provided the food is labeled pursuant to the provisions of § 101.9, and provided the labeling with respect to any reduction in caloric
content complies with the provisions applicable to caloric content in part 105 of
(ii) For the purpose of this section, a measurable amount of an essential
nutrient in a food shall be considered to be 2 percent or more of the Daily
Reference Value (DRV) of protein listed under §
101.9(c)(7)(iii) and of potassium listed under § 101.9(c)(9) per reference amount customarily consumed and 2 percent or more of
the Reference Daily Intake (RDI) of any vitamin or mineral listed under
§ 101.9(c)(8)(iv) per reference amount customarily consumed, except that selenium,
molybdenum, chromium, and chloride need not be considered.
(iii) If the Commissioner concludes that a food is a substitute for and
resembles another food but is inferior to the food imitated for reasons
other than those set forth in this paragraph, he may propose appropriate
revisions to this regulation or he may propose a separate regulation
governing the particular food.
(f) A label may be required to bear the percentage(s) of a characterizing
ingredient(s) or information concerning the presence or absence of an
ingredient(s) or the need to add an ingredient(s) as part of the common or
usual name of the food pursuant to subpart B of part 102 of this chapter.
(g) Dietary supplements shall be identified by the term “dietary supplement”
as a part of the statement of identity, except that the word “dietary” may
be deleted and replaced by the name of the dietary ingredients in the
product (e.g., calcium supplement) or an appropriately
descriptive term indicating the type of dietary ingredients that are in the
product (e.g., herbal supplement with vitamins).
[42 FR 14308, Mar. 15, 1977, as amended at 48 FR 10811, Mar. 15, 1983; 58 FR
2227, Jan. 6, 1993; 60 FR 67174, Dec. 28,
1995; 62 FR 49847, Sept. 23, 1997]
Title 21 published on 2014-04-01.
The following are only the Rules published in the Federal Register after the published date of Title 21.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.