The Food and Dairy Division of the Michigan Department of Agriculture is responsible for assuring that foods and other consumer packages are properly labeled.  The Michigan Food Law of 2000, PA 92 of 2000, and Title 21 of the Code of Federal Regulations (21 CFR) are the primary laws governing food labeling.

This guide summarizes general labeling requirements for food products.  It is impractical to attempt to answer every food labeling question that may arise in this limited amount of space.  To help minimize regulatory action and delays, it is recommended that manufacturers and distributors become fully informed about the applicable labeling laws before offering food for distribution in Michigan.

Table of Contents:

Summary of Basic Requirements

• The Statement of Identity
• Name and Address of a Responsible Party
• Quantity Declaration
• Ingredient List
• Type Size
• Nutrition Facts
• Sell-by-Date
• Meaningful Coding

Other Special Considerations:

• Bottled Water
• Meats and Meat Products -USDA

Miscellaneous:

• FDA Assistance
• Publications
• MDA Label Review
• Information about MDA Regional Offices

Definitions: 

• The PRINCIPAL DISPLAY PANEL (PDP) is the portion of the package that is most likely to be seen by the consumer at the time of purchase.  The product identity and the declaration of quantity must appear on the PDP.  All other required information may be placed either on the PDP or the information panel.
• The INFORMATION PANEL is generally the label panel immediately to the right of the PDP, as seen by the consumer facing the product (a few exceptions exist for irregular-size packages -- refer to 21 CFR §101.2).

Summary of the Basic Requirements

1. THE STATEMENT OF IDENTITY: (the product identity) must be the common or usual name of the food, if it has one.  It would be misleading to label a food with a new name when that food has an established name.  If no common or usual name exists, then an appropriately descriptive phrase must be used; the phrase must accurately describe the basic nature of the food or its characterizing ingredients or properties.  If the food is subject to a standard of identity, it must bear the name specified in the standard.
   
   The statement of identity must appear on the principal display panel in lines generally parallel to the base of the package.  It must be prominent and of a type size reasonably related to the most prominent printed matter on the front panel; generally, this means at least one-half the size of the largest print on the label. 
   1. ARTIFICIALLY FLAVORED: When artificial flavorings are used that simulate, resemble, or reinforce the characterizing flavor of food, the product name must be accompanied by the phrase "artificially flavored" or "artificial" in type not less than one-half the size of the name of the food; for example, "Artificial Orange Flavored Punch" or "Artificially Flavored Strawberry Cheesecake" [21 CFR §101.22].
   2. ARTIFICIALLY SWEETENED: Beverages that contain artificial sweeteners shall be identified as "artificially sweetened" in letters not less than one-half the height of the other words in the product identity [21 CFR § 105.66].
   3. FANCIFUL TERMS: Fanciful terms are not encouraged since they are often confusing to the consumer.  However, they may be used as a supplement to a proper statement of identity and are in no way false or misleading.  For example, a label may read "Belly Bomber Ham & Cheese Sandwich" (but not "Belly Bomber" by itself).
   4. FORM OF THE FOOD: Where a food is marketed in several forms (sliced, diced, whole, etc.), the particular form must be part of the identity statement [21 CFR § 101.3 (c)]. 
   5. IMITATION: A food that is an imitation of another food must be labeled, in type of uniform size and prominence, with the word "imitation" immediately followed by the name of the food imitated [MCLA 289.1109(g)(iii)].  Any product that resembles and substitutes for a traditional food and contains less nutritional value than the traditional food is considered to be an imitation [21 CFR § 101.3 (e)(1)].
      
      
2. NAME AND ADDRESS OF A RESPONSIBLE PARTY:  Must be declared as a unit and not separated by other label information.  The address must include street address, city, state, and zip code.  However, if the street address is listed in a current city or telephone directory under the responsible party name, the street address may be omitted on the label.  If the responsible party is other than the manufacturer, the name must be qualified by a term describing the relationship to the product, such as"distributed by" [21 CFR §101.5].
3. QUANTITY DECLARATION:  Must be placed on the principal display panel (PDP) in the lower third of the panel.  It must be printed in the required minimum type size and surrounded by sufficient clear space.  The size of the statement is regulated by the area of the PDP [21 CFR § 101.105].
   
   • METRIC DECLARATION:  Both metric and inch/pound measures must be declared in the net quantity statement.  Either may be primary, for example, "Net wt 1 lb (453 g)" or "Net wt 453 g (1 lb)".  This requirement for the net quantity statement to include metric units does not apply to foods packaged at the retail store level.
     
     
4. INGREDIENT LIST:  A food product made from more than one ingredient must bear a complete list of ingredients in order of descending predominance by weight [21 CFR § 101.4]. Ingredients must be listed by their common or usual name.  Spices and flavorings may be declared by the generic term, "spices" or "flavorings" (artificial flavorings must be identified as artificial).  The source of all fats and oils must be specified (for example, soybean oil rather than vegetable oil; lard rather than shortening).  Preservatives must have their function declared (for example, "preserved with sulfur dioxide"). 
   1. STANDARDS OF IDENTITY: Specify in detail what can and cannot be sold under a certain product name.  To a great extent, a standard of identity is a recipe for a food established by law, but it also prescribes ingredient labeling requirements and identification (naming) requirements.  Examples of foods with standards of identities include bread, jams, jellies, preserves, cocoa, chocolate, and macaroni.  Obtain specific federal standards of identity from the Superintendent of Documents (see page 5).
   2. COLORINGS: All certified colors must be listed in the ingredient statement by their common name (e.g., FD&C Blue No. 1).  Butter, cheese, and ice cream are exempt from this requirement except when it is necessary to assure safe use; i.e., FD&C Yellow No. 5.  Non-certified and natural colors may still be listed by the generic term "colorings." 
      
      
5. TYPE SIZE: All required information must be printed in a type size of at least 1/16-inch in height [21 CFR §101.2 (c)].  Other specific requirements may apply which require type size larger than 1/16 inch, and all required information must be conspicuous and easy to read. 
6. NUTRITION FACTS: Nutrition labeling is required on most foods.  Some foods exempt from nutrition labeling include restaurant food, food produced by small businesses, and food served for immediate consumption.  However, use of any dietary or nutritional claim, such as "low fat," "diet," or "lean," forfeits any exemption from complete nutrition labeling. 
   
   The panel is headed by the title, "Nutrition Facts."  The mandatory components and the order in which they must appear are: total calories, calories from fat, total fat, saturated fat, cholesterol, sodium, total carbohydrate, dietary fiber, sugars, protein, vitamin A, vitamin C, calcium, and iron. 
   
   Serving size is the basis for reporting each food's nutrient content.  In the past, choosing the serving size was up to the discretion of the food manufacturer.  Serving sizes must now be based upon the FDA-established list of reference amounts. 
   
   The regulations also spell out what terms may be used to describe the level of a nutrient in a food and how they may be used.  These definitions include the terms "light," "low," "reduced," "less," "more" and "high." 
   
   For more information on the new nutrition facts label, copies of the FDA Backgrounder, "The New Food Label" or "The New Food Label Summaries" are available from FDA. 
   
   You may obtain a copy of the regulations from the Government Printing Office.
   
   
7. SELL BY DATE: All packaged, perishable foods (those with a shelf life of less than 90 days) must be identified with a recommended last day of sale consisting of the month and day.  Explanatory terms may also be used (such as sell by, sell before, last date of sale, or other meaningful terms).  Color-coded twist ties or other non-date codes alone are not acceptable.  Date coding is not required on perishable foods offered for sale from a vending machine, although it is encouraged [MCLA 289.8107]. 
8. MEANINGFUL CODING:  Packaged food distributed from a manufacturer, processor, packer, or re-packer must have a meaningful code that enables positive lot identification[MCLA 289.8109]. 

Other Special Considerations:

• BOTTLED WATER: Bottled water must meet the product identity requirements of the Michigan Food Law of 2000 [MCLA 289.7111] and Title 21 of the Code of Federal Regulations [21 CFR § 165.110].  The label of each brand of bottled water with a unique identification must be registered with the Food and Dairy Division before the water is sold or offered for sale.  Registration expires July 31 and must be renewed annually. Registration forms may be obtained from the MDA Regional Office nearest you
• MEATS AND MEAT PRODUCTS -- USDA: Persons planning to wholesale processed meat products (other than sandwiches), such as pizza pockets, meat pizzas, meat burritos, or meat egg rolls, must contact the U.S. Department of Agriculture (USDA) for labeling guidance.  Generally, products containing more than 2 percent cooked meat/poultry (3 percent raw) fall under the jurisdiction of the USDA.

Miscellaneous:

USDA / FSIS COMPLIANCE OFFICES:

• USDA / FSIS, Compliance Program  
  678 Front Ave. NW  
  Suite 400 
  Grand Rapids, MI  49504 
  (616)458-0915
  
  
• USDA / FSIS, Compliance Program  
  25900 Greenfield Road  
  Oak Park, MI  48237 
  (248) 968-0230

FDA Assistance:

Businesses may submit labels directly to FDA for review.  However, labels should be submitted to only one agency, either FDA or MDA.  Requests to FDA may be submitted to the following office: 

Food & Drug Administration
Center for Food Safety and Applied Nutrition
Division of Regulatory Guidance (HFF-310)
200 C Street, SW  
Washington, D.C. 20204

The FDA District Office can also help a firm with their labeling questions: 

Compliance Branch
Food & Drug Administration 
1560 East Jefferson Avenue 
Detroit, MI 48207
(313) 393-8100

Publications: The following publications contain more information about food laws and regulations.  They may be obtained for a fee, from the U.S. Government Printing Office, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954; Telephone: (202) 512-1800; Fax: (202) 512-2233.  (Order by #)

Title 21, Code of Federal Regulations (CFR) contains the regulations that FDA enforces, including the nutritional labeling requirements.  Those applicable to food labeling are: 

 Food Labeling -- Questions and Answers contains detailed questions and answers especially on nutrition and labeling for guidance in the development or revision of labels.  Send a written request with a self-addressed label to: Industry Activities Staff (HFS-565), Center for Food Safety and Applied Nutrition, 200 C Street, SW, Washington, D.C. 20204. 

MDA Label Review: Under laws enforced by MDA, no label approval is necessary prior to a product's distribution or importation.  However, MDA will, upon request, review labels for compliance with Michigan law.  This service is only available as resources permit.  Our label review provides an informal opinion as to the acceptability of a label and in no way relieves a business from full responsibility for proper labeling.  To avail yourself of this voluntary opportunity, submit all of the following:  (1) the label or sketch, (2) specifications of the container's dimensions, and (3) the quantitative formula (recipe) to the regional office nearest you or (for out-of-state firms) Labeling Specialist, Food and Dairy Division, Food Section, Michigan Department of Agriculture, P.O. Box 30017, Lansing, MI 48909.

MDA Regional Offices