The terms defined in this section may be used on the label or in labeling of a
food in conformity with the provisions of this section. The requirements of the
section pertain to any use of the subject terms as described in paragraphs (a)
and (b) of this section that expressly or implicitly refers to the food on
labels or labeling, including use in a brand name and use as a sensory modifier.
However, the use of the term “fresh” on labels or labeling is not subject to the
requirements of paragraph (a) of this section if the term does not suggest or
imply that a food is unprocessed or unpreserved. For example, the term “fresh”
used to describe pasteurized whole milk is not subject to paragraph (a) of this
section because the term does not imply that the food is unprocessed (consumers
commonly understand that milk is nearly always pasteurized). However, the term
“fresh” to describe pasta sauce that has been pasteurized or that contains
pasteurized ingredients would be subject to paragraph (a) of this section
because the term implies that the food is not processed or preserved. Uses of
fresh not subject to this regulation will be governed by the provisions of
403(a) of the Federal Food, Drug, and Cosmetic Act (the act).
(a) The term “fresh,” when used on the label or in labeling of a food in a
manner that suggests or implies that the food is unprocessed, means that the
food is in its raw state and has not been frozen or subjected to any form of
thermal processing or any other form of preservation, except as provided in
paragraph (c) of this section.
(b) The terms “fresh frozen” and “frozen fresh,” when used on the label or in
labeling of a food, mean that the food was quickly frozen while still fresh
(i.e., the food had been recently harvested when frozen). Blanching of the
food before freezing will not preclude use of the term “fresh frozen” to
describe the food. “Quickly frozen” means frozen by a freezing system such
as blast-freezing (sub-zero Fahrenheit temperature with fast moving air
directed at the food) that ensures the food is frozen, even to the center of
the food, quickly and that virtually no deterioration has taken
(c)Provisions and restrictions.
(1) The following do not preclude the food from use of the term
(i) The addition of approved waxes or coatings;
(ii) The post-harvest use of approved pesticides;
(iii) The application of a mild chlorine wash or mild acid wash on produce;
(iv) The treatment of raw foods with ionizing radiation not to exceed the
maximum dose of 1 kiloGray in accordance with §
179.26 of this chapter.
(2) A food meeting the definition in paragraph (a) of this section that is
refrigerated is not precluded from use of “fresh” as provided by this
[58 FR 2426, Jan. 6, 1993]
Title 21 published on 2015-04-01.
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.