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Volume 8, Number 2 - February 2007


About Food Consulting Company

"I feel very secure knowing you are on my team."

~ Jeffrey Leibfreid

Greetings! In a review of food label orders placed in 2006 with Food Consulting Company, we found that labelers are eager to seek assistance on labeling aspects when:

  • the company is new or is launching a new product

  • has limited resources but wishes to stick with an established timeline for label production

  • wants assurance that labels developed in-house are compliant with FDA regulations

Companies that fall into any of these categories can learn about Food Consulting Company services.

Q.  I manufacture spreads in collaboration with a restaurant and the restaurant name is the prominent name on the label. Whose address should be used in the label signature line?  
     G. A., Established Food Manufacturer, Pennsylvania


A.   See Reader Q&A Page for the answer.


Submit a question for the Reader Q&A Spot (no charge). For confidential/guaranteed answers, see FDA Regulatory Support.

Proposed Rule for Gluten-Free on Food Labels

In the January 23, 2007, Federal Register, FDA announced a proposed rule for voluntary use of the term "gluten-free" in the labeling of foods. Also the Agency has published Questions and Answers on the proposed rule.

In part, the proposed rule:

  • defines the term "prohibited grain" to mean wheat, rye and barley and crossbred hybrids of these grains (e.g., triticale, a cross between wheat and rye)

  • sets the threshold for gluten-free to be less than 20 parts per million of gluten in the food

  • specifies how a voluntary gluten-free labeling claim must be worded for oats and for other foods that inherently do not contain gluten

  • explains that a food labeled as "gluten-free" but that does not conform to the proposed regulatory definitions and requirements would render that food misbranded

See Federal Register announcement.

See FDA Q&A.

Commentary: The proposed rule is a step toward fulfillment of a requirement established by Congress in the Food Allergen Labeling and Consumer Protection Act of 2004.

Food Consulting Company can give expert advice on using a gluten-free claim on a particular product when a client orders Full Label Compliance, Label Compliance Review, or Regulatory Support. See Services.

Uniform Compliance Date for FDA Regulations Set

FDA has established January 1, 2010, as the uniform compliance date for food labeling regulations that are issued between January 1, 2007, and December 31, 2008.

The previously announced and more near uniform compliance date, January 1, 2008, is for regulations that were issued between March 14, 2005, and December 31, 2006. FDA sets the uniform dates in order to minimize the economic impact of label changes.

See Federal Register announcement.

Commentary: Food labeling regulation changes in the period of March 14, 2005, to December 31, 2006, were not far-reaching to affect all labels; in fact, many labels that were in FDA compliance with allergen and trans fat labeling regulations on January 1, 2006, are already in compliance with labeling regulations for January 1, 2008.

However, since there is no single list of updated and new regulations due on the January 1, 2008, uniform compliance date, Food Consulting Company is referring labelers to the Food Label News archive for dates March 2005 through December 2006; the newsletter has reported on updated and new regulations that were made final during that period. Current clients have the option of ordering a Client File Review.

FDA Acts to Update Lean and Calcium Claims

 In response to a nutrient content claim petition, FDA is adopting as a final rule an amendment to the "lean" definition in the Code of Federal Regulations that allows foods categorized as "mixed dishes not measurable with cup" to use of the nutrient content claim "lean." To use "lean" in labeling, the foods must meet specific criteria for total fat, saturated fat and cholesterol.

See Federal Register announcement.

Also triggered by a petition, FDA is proposing to amend the existing health claim for calcium to allow the claim of a reduced risk of osteoporosis with the consumption of both calcium and vitamin D. The proposed rule would also eliminate certain language requirements that are part of an existing calcium and osteoporosis health claim.

See FDA press release.

Service Tip:  Feel Confident with Label Compliance Review
Ensure FDA compliance for a single label before you print. When you have done your best to apply FDA regulations to your product label and Nutrition Facts, but feel uncertain about some aspects, a Label Compliance Review will put your concerns to rest.


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© 2007
Food Consulting Company
13724 Recuerdo Drive
Del Mar, CA 92014 USA