Or. Admin. Code § 603-029-1044 - Nutrient Content Claims for "Good Source," "High," and "More"

(1) General requirements. Except as provided in section (5) of this rule, a claim about the level of a nutrient in a product in relation to the Reference Daily Intake (RDI) or Daily Reference Value (DRV) established for that nutrient (excluding total carbohydrate) in OAR 603-029-1034, may only be made on the label or in labeling of the product if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(c) The product for which the claim is made is labeled in accordance with OAR 603-029-1034.

(2) "High" claims.

(a) The terms "high," "rich in," or "excellent source of" may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that the product contains 20 percent or more of the RDI or the DRV per reference amount customarily consumed.

(b) The terms defined in subsection (2)(a) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11), and main-dish product as defined in OAR 603-029-1038(12) provided that:

(A) The product contains a food that meets the definition of "high" in subsection (2)(a) of this rule; and

(B) The label or labeling clearly identifies the food that is the subject of the claim (e.g., "the serving of broccoli in this meal is high in vitamin C").

(3) "Good Source" claims.

(a) The terms "good source," "contains," or "provides" may be used on the label or in labeling of products, except meal-type products as described in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that the product contains 10 to 19 percent of the RDI or the DRV per reference amount customarily consumed.

(b) The terms defined in subsection (3)(a) of this rule may be used on the label or in labeling of a meal-type product as defined in § OAR 603-029-1038(11), and main-dish product as defined in OAR 603-029-1038(12) provided that:

(A) The product contains a food that meets the definition of "good source" in subsection (3)(a) of this rule; and

(B) The label or labeling clearly identifies the food that is the subject of the claim (e.g., "the serving of sweet potatoes in this meal is a good source of fiber").

(4) Fiber claims.

(a) If a nutrient content claim is made with respect to the level of dietary fiber, i.e., that the product is high in fiber, a good source of fiber, or that the product contains "more" fiber, and the product is not "low" in total fat as defined in OAR 603-029-1052(2)(b) or, in the case of a meal-type product or a main-dish product, is not "low" in total fat as defined in OAR 603-029-1052(2)(c), then the labeling shall disclose the level of total fat per labeled serving size (e.g., "contains 12 grams (g) of fat per serving"); and

(b) The disclosure shall appear in immediate proximity to such claim and be in a type size no less than one-half the size of the claim.

(5) "More" claims. A relative claim using the terms "more" and "added" may be used on the label or in labeling to describe the level of protein, vitamins, minerals, dietary fiber, or potassium in a product, except meal-type products as defined in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that:

(a) The product contains at least 10 percent more of the RDI or the DRV for protein, vitamins, minerals, dietary fiber, or potassium (expressed as a percent of the Daily Value) per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the nutrient is greater relative to the RDI or DRV are declared in immediate proximity to the most prominent such claim (e.g., "contains 10 percent more of the Daily Value for fiber than -reference product'"); and

(B) Quantitative information comparing the level of the nutrient in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., "fiber content of -reference product' is 1 g per serving; -this product' contains 4 g per serving").

(6) A relative claim using the terms "more" and "added" may be used on the label or in labeling to describe the level of protein, vitamins, minerals, dietary fiber, or potassium in meal-type products as defined in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that:

(a) The product contains at least 10 percent more of the RDI or the DRV for protein, vitamins, minerals, dietary fiber, or potassium (expressed as a percent of the Daily Value) per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the nutrient is greater relative to the RDI or DRV are declared in immediate proximity to the most prominent such claim (e.g., "contains 10 percent more of the Daily Value for fiber per 3 ounces (oz) than does -reference product'"), and

(B) Quantitative information comparing the level of the nutrient in the meal-type product or a main-dish product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., "fiber content of -reference product' is 2 g per 3 oz; -this product' contains 5 g per 3 oz").

Notes

Or. Admin. Code § 603-029-1044

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046