FOODS THAT ARE EXEMPT FROM THE NUTRITION FACTS STATEMENT OR ARE SUBJECT TO SPECIAL LABELING REQUIREMENTS

(These exemptions do not affect the requirements for any other label information.)

21 Code of Federal Regulations (CFR) 101.9 (a) Nutrition information relating to food shall be provided for all products intended for human consumption and offered for sale unless an exemption is provided for the product in paragraph (j) of this section.

CAUTION/WARNING - ANY NUTRIENT CONTENT CLAIM OR HEALTH CLAIM MADE ON BEHALF OF THE PRODUCT VOIDS ALL EXEMPTIONS AND A NUTRITIONAL STATEMENT BECOMES MANDATORY.

1. Total retail sales less than $500,000 annually or total food sales less than $50,000 annually.

2. Low Volume Foods that meet the requirements for the small business exemption. (See article on Simplified Small Business Exemption Requirements for more information)

3. Food served in restaurants.

4. Food served in other establishments for immediate human consumption (schools, hospitals, cafeterias, trains, airplanes, bakeries, delicatessens); or where foods are generally consumed immediately or while the consumer is walking away (lunch wagons, ice cream shops, mall cookie counters, vending machines, sidewalk carts, convenience stores, food delivery systems).

5. Foods that are ready to eat, offered for sale to consumers, but not for immediate consumption when they are processed and prepared primarily in a retail establishment and not offered for sale outside that establishment.

6. Foods that contain insignificant amounts of all of the nutrients and food components required to be included in the Nutrition Facts statement (Such as: coffee beans, tea leaves, plain unsweetened instant coffee & tea, condiment-type dehydrated vegetables, flavor extracts, & food colors).

7. Certain medical foods and infant formulas especially formulated for infants with inborn errors of metabolism.

8. Foods, other than infant formula, for infants and children less than 4 years of age have special Nutrition Facts requirements.

9. Food products shipped in bulk form that are not for distribution to consumers in such form and that are for use solely in the manufacture of other foods or that are to be processed, labeled, or repacked at another site.

10. Raw fruits, vegetables, and fish, provided that nutrition information required by this law, be displayed to the consumer at the point of purchase, either on the product, or as a poster, card, sign, tag, booklet, etc.

11. Packaged single ingredient product of fish or game meats that are not covered in the USDA Meat and Poultry Labeling Rules and Regulations.

12. Outsides of egg cartons that have the top conforming to the shape of the eggs, provided that the information is furnished inside the carton.

13. Unit containers in a multi-unit food package, as long as the multiunit container bears all the required nutrition information.

14. Food products sold from bulk containers; provided, nutrition information required by this law be displayed to the consumer at the point of purchase, either on the container or as a poster, card, sign, tag, booklet, etc.