uniform packaging & labeling requirements · it must be shown in both us customary system...
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West Virginia Department of Agriculture
1900 Kanawha Blvd. E., Charleston, WV 25305
304/558/3708 - 304-558-2210
Uniform Packaging & Labeling Requirements
The West Virginia Department of Agriculture in conjunction with the West Virginia Division of Labor is responsible
for ensuring that all commodities packaged by weight and volume meet labeling requirements. These regulations are
promulgated by the Federal Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) under
the provisions of the Fair Packaging and Labeling Act (FPLA).
Attached is a summary of West Virginia Basic Consumer Package Label Requirements which must be met on all
consumable products. In addition to these basic requirements if you have more than 100 employees and manufacture
more than 100,000 units of a food product, you must also meet Nutrition Facts Labeling. Also, if you make any
nutrient content claims or health claims on your label, you must also meet additional proof requirements which
verify your claims.
In 1994 West Virginia has also adopted the National Institute of Standards and Technology (NIST) mandatory open
dating for prepackaged; perishable foods and voluntary open dating for semi-perishable or long shelf-life foods.
Therefore if a perishable food product that has less than a 60 day shelf life you must display a “Sell By” date on the
package. If you’re semi-perishable product has a shelf life of 60 days to 6 months you must display a “Best If Used
By” date.
If you would like to meet Nutrition Facts Labeling Requirements, West Virginia University Extension Service
Families and Health would be glad to work with you utilizing a database analysis of your precise ingredients. We
strongly encourage all producers of food products to utilize Nutrition Facts to meet consumer demands.
Proofs of your label should be sent to our office for approval prior to printing to ensure you are meeting all necessary
labeling requirements.
If you have any questions concerning these specific regulations, please contact the appropriate division, or send your
sample to:
All Food Products, Bath & Body Care, Consumer and
Non-Consumer Commodities
WV Dept. of Agriculture Agriculture Business Development Division 1900 Kanawha Blvd E Charleston WV 25305 304.558.2210 [email protected]
Eggs, Animal Feeds, Pet Treats, Fertilizer,
Agricultural Limes and Seeds
WV Dept. of Agriculture Regulatory & Environmental Affairs 1900 Kanawha Blvd E Charleston WV 25305 304.558.2226
.
Meat
WV Dept. of Agriculture Meat and Poultry Inspection 1900 Kanawha Blvd E Charleston WV 25305 304-558-5506 Quinton Jones – Asst. Director
Kent Leonhardt
Commissioner
Consumer Package Label Requirements
This is a summary of the4 basic packaging and labeling requirements adopted by the State
of West Virginia, from the National Conference on Weights and Measures (NTIS Handbook 130),
Food and Drug Administration, and the Federal Trade Commission, pursuant to the Fair
Packaging and Labeling Act (FPLA).
Depending on the type of product, additional requirements may apply.
The term “label” shall be constructed to mean any written, printed, or graphic matter
affixed to, applied to, attached to, blown into, formed, molded in, embossed on, or appearing upon
or adjacent to a consumer commodity or a package containing any consumer commodity, for the
purposes of branding, identifying, or giving any information with respect to the commodity or to
the contents of the package.
A label may be affixed to the whole side of a package; it may be a spot label that is
attached to the package; it may be a tag that is attached to a small package or it may be a label
attached to the top of a plastic bag, etc.
4 BASIC LABELING REQUIREMENTS ARE SUMMARIZED AS FOLLOWS:
(1) Statement of identity is the common or usual name of a food product. If there is none,
then an appropriate descriptive name, that is not misleading, must appear on the principal
display panel in bold type and in lines parallel to the base of the package. The form of the
product must be included (sliced, whole, or chopped) unless shown by a picture or the product is
visible through the container.
(2) The name, physical address, city or town, state and zip code of the manufacturer,
packer, or distributor. An address is required if the firm’s name is not listed in a current city or
telephone directory. Unless the name given is the actual manufacturer, it must be accompanied
by a qualifying phrase which states the firm’s relation to the product (e. g., “Manufactured
for______” or “Distributed by _______”). If you are interested in exporting your product you will
be required to add “Made in the USA”.
(3) Net Quantity Statement of the contents is the statement on the label which provides the
amount of product in the container or package. It must be shown in both US Customary System
(ounces, pounds, fluid ounces,) and the metric system equivalent (grams, kilograms, milliliters,
liters,) and should appear in the lower 30% of the principal display panel of the package. Do not
include the weight of the container, wrapper, or packing materials. This information, along with
identity of the product must be located on the front principal display panel.
(4) Ingredients list must be in descending order of predominance based on weight. That is,
the ingredient that weighs the most is listed first, and the ingredient that weighs the least is
listed last. Spices, flavors, and colors may be listed as such without naming the specific
ingredients, but artificial colors or flavors must be identified as such. To convert ingredient
measurements into weight measurements, you can check the following web site for a conversion
calculator: http://www.gourmetsleuth.com/cookingconversions.
Always list the common or usual name for ingredients in either all capital letters or the
first letter of each ingredient capitalized. The sub ingredients of a food that is an ingredient in
another food may be declared parenthetically following the name of the ingredient or may be
declared by dispersing each ingredient in its order of predominance in the ingredient statement
without naming the original ingredient.
The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) requires food
manufacturers to label food products that are made with any ingredient, including flavorings,
colorings, or incidental additives (e.g., processing aids), that is or contains a major food allergen
in one of the following two ways:
A batch/lot or evident code should be included on your packaging that would distinguish
when the product was made. These codes and maintaining records thereof will enable you and
regulatory authorities to trace your product in the event of a recall. However, if there are no
codes on your packaging then you will be required to recall all like products.
SECTIONS OF A LABEL
PRINCIPAL DISPLAY PANEL:
The term principal display panel or panels shall be construed to mean that part, or those
parts, of a label that is, or are, designed as to most likely be displayed, presented, shown, or
examined under normal and customary conditions of display and purchase. All that is required
on a principal display panel or alternate principal panel is the identity of the product and the
quantity statement. All other required information may be on another panel or panels.
In order to give your product the visual impact and sales appeal you want, it is necessary
to design an attractive looking, decorated package. The art should be well thought out and
professional looking with pleasing coordinated colors appropriate for your product and the
message you with to convey.
The eight common
food allergens are:
Peanuts
Soybeans
Milk
Eggs
Fish
Crustacea
Tree nuts
Wheat
Selection and use of typography should be clean, crisp, open and easy to read. The final
copy should be proofread to insure accurate spelling and to detect any broken or misaligned type.
Factors that affect the “decorating area” are the shape and design of the container in which
the product is packaged. For example, the illustration below shows how the top and bottom
radius of a Boston round limits the decorating area as compared to a straight sided cylinder.
INFORMATION PANEL:
The information panel is the label panel
immediately to the right of the PDP, as
displayed to the consumer. If this panel
is not usable due to package design and
construction, (i.e., folded flaps) then the
information panel is the next label panel
immediately to the right.
For the information panel labeling, use a print or type size that is prominent, conspicuous and
easy to read. Use letters that are at least one-sixteenth (1/16) inch in height based on the lower
case letter “o.” The letters must not be more than three times as high as they are wide, and the
lettering must contrast sufficiently with the background so as to be easy to read. Do not crowd
required labeling with artwork or non-required labeling.
Smaller type sizes must be used for information
panel labeling on very small food packages.
The phrase “information panel labeling” means the label statement is generally
required to be placed together, without any intervening material, on the information
panel, if such labeling does not appear on the PDP. These label statements include the
name and address of the manufacturer, packer, or distributor, ingredient list, and
nutrition labeling.
There are two ways to label packages and containers:
(1) Place all required label statements on the front label panel (principal display panel) or
(2) Place certain specified label statements (Statements of Identity and Net Quantity
Statement) on the principal display panel, and other required labeling on the information panel,
which is the panel immediately to the right of the principal display panel. If there is insufficient
space, then the information panel may be placed on any alternate panel that can be seen by the
consumer.
Place the statement of identify
or name of the food, and the net
quantity statement, or amount
of product, on the PDP and on
the alternate PDP
#1 STATEMENT OF IDENTITY:
A declaration of identity on consumer packages shall appear on the principal display panel,
and shall positively identify the commodity in the package by its common or usual name,
description, generic term, or the like. It shall appear generally parallel to the base on which the
package rests as it is designed to be displayed.
Use prominent print or type for the statement
of identity. It shall be in bold type. The type
size must be reasonably related to the most
prominent printed matter on the front panel
and should be one of the most important
features on the principal display panel.
Generally, this is considered to be at least
½ the size of the largest print on the label.
#2 NAME AND ADDRESS OF MANUFACTURER:
All packages shall specify conspicuously on the label the name, address and zip code of the
manufacturer, packer, or distributor if it is being sold off the premises where packed.
EXAMPLE: SSC INTERNATIONAL, INC.
123 IDUNNO ROAD
HACKENSBACK, NJ 07601
NOTE: If the company is not listed in a telephone book or city directory, the street address must
be shown. Telephone number, website and email address are optional.
If the commodity is not manufactured by the person whose name appears on the label, the
name shall be qualified by a phrase that reveals the connection such as, Manufactured for;
Distributed by or Packed by, etc.
EXAMPLE: DIST. BY THE BROWN CO., ALBANY, NY 12203
MFG. BY GREEN HILL CO., EDEN, VT 05652
PACKED FOR COOK MAPLE CO., BARRE, VT 05641
If a person manufactures, packs, or distributes a commodity at a place of business, the
label may state the principal place of business in lieu of the actual place where the commodity
was manufactured or packed, or is to be distributed, unless such statement would be misleading.
EXAMPLE: INTERBAKE FOODS, INC.
GENERAL OFFICE
782 SPICE CAKE DRIVE
RICHMOND, VA 23261
©1982 INTERBAKE FOODS, INC.
MADE IN USA
#3 NET QUANTITY STATEMENT
Minimum height of numbers and letters is determined by square inch of principal display
panel. The height of any letter or number in the required quantity declaration shall be not less
than that shown in the tables below with respect to the area of the panel, and the height of each
number of a common fraction shall meet one-half the minimum height standards. No number or
letter shall be more than three times as high as it is wide.
Area of
Print Display
Panel
Minimum
Type
Size
(for printing)
Minimum
Type
Size
(blown or
molded)
Actual Size of Minimum Height or
Numerals and Letters
(as stated in the left-hand column)
5 sq. in. (32 sq.
cm.) or less
1/16 in.
(1.66 mm)
Font (8-10 Pt.)
1/8 in.
(3.2 mm)
Font (12-14 Pt.)
Net. Wt. 12 oz. (341 g)
More than 5 sq. in.
(161 sq. cm.) but
no more than 100
sq. in. (645 sq. cm.)
1/8 in.
(3.2 mm)
Font (12-14 Pt.)
3/16 in.
(4.8 mm)
Font (16-20 Pt.)
Net Wt. 5.5 oz. (156 g)
More than 25 sq.
in. (161 sq. cm.)
but no more than
100 sq. in. (645 sq.
cm.)
3/16 in.
(4.8 mm)
Font (16-20 Pt.)
¼ in.
(6.4 mm)
Font (22-26 Pt.)
Net Wt. 7 oz. (199 g)
More than 100 sq.
in. (645 sq. cm.)
but no more than
400 sq. in. (2580
sq. cm)
¼ in.
(6.4 mm)
Font (22-26 Pt.)
5/16 in.
Font (28 Pt.) Net Wt. 10 lbs. (3 kg)
Greater than 400
sq. in.
½ in.
Font (48 Pt.)
½ in.
Font (48 Pt.) BOW Pt. Size will vary depending on the type of Font used.
In no case shall any declaration of quantity be qualified by the addition of the words when
packed, minimum, or not less than, or any words of similar import, nor shall any unit of weight,
measure, or count be qualified by any terms, such as jumbo, giant, full, or the like, that tends to
exaggerate the amount of commodity.
WEIGHT STATEMENTS:
The words “Net weight” or Net wt. can preface a weight. 0 - 1 pound must be stated as
ounces (e.g. Net wt. 15 oz.) 1 - 4 pounds - must be stated as ounces and in parentheses, in terms
of pounds and fractions or pounds and ounces, (e.g. Net wt. 20 oz. (1¼ lb.) or (1 lb. 4 oz.) or (1.25
lb.).) 4 pounds and over must be stated as pounds, pounds and fractions or pounds and ounces,
(e.g. Net wt. 25 lbs; Net wt. 7.5 lbs; Net. Wt. 7½ lbs; Net wt. 7 lbs. 8 oz.) The metric statement
may be placed either before, after, above, or below the US Customary Statement. All scales
must be certified by the West Virginia Department of Labor, Weights and Measures Office,
304/722-0602.
FLUID STATEMENTS:
(Statements in terms of liquid volume) The use of “Net” or “Net contents” is optional.
“Fluid” or Fl. is required with ounces as shown below. 0 to 1 pint must be stated as ounces (e.g.
Net 12 fl. oz.) 1 pint to 1 gallon must be stated both in ounces and in parenthesis, in terms of the
largest unit contained, with excess shown as a fraction or in terms of the next largest unit
contained. (e.g. Net 24 fl. oz. (1½ pt.) or Net 24 fl. oz. (1.5 pt.,) or Net 24 fl. oz. (1 pt. 8 oz.); Net
120 fl. oz. (3 3/4 qts.,) or Net 120 fl. oz. (3.75 qt.,) or Net 120 fl. oz. (3 qts. 1½ pt.,) or Net 120 fl. oz.
(3 qts. 1 pt. 8 oz.).)
Letters of a statement of quantity must not be more than 3 times as high as they are wide.
Boldface type showing contract must be used, except for blown or molded statements.
USE ONLY THE FOLLOWING SYMBOLS AND ABBREVIATIONS:
Any of the following U. S. symbols and abbreviations, and none other shall be employed in
the quantity statement on a package of commodity.
ounce oz pint pt
pound lb fluid fl
quart qt gallon gal
weight wt
Any of the following symbols for metric units, and none other, may be employed in the
quantity statement on a package of commodity.
kilogram kg gram g
liter L or l milliliter mL or ml
QUANTITY DECLARATION:
The net quantity of contents (net quantity statement)
is the statement on the label which provides the
amount of food in the container or package.
INCORRECT
Not in lower 30%
DUAL QUANTITY DECLARATION:
On packages containing 1 pound or more but less than 4 pounds, the declaration shall be
expressed in ounces, and in addition, shall be followed by a declaration in parentheses, expressed
in terms of the largest whole unit.
EXAMPLE: NET WT. 16 OZ. (1 LB.) 201 g NET WT. 7.1 OZ NET WT 7 OZ. (198 g)
454 g
NET WT. 19 OZ. (1LB. 3 OZ.) (531 g) NET WT 48 OZ (3LB) 1.36 kg
LIQUID MEASURES
Ounces Liter
1 Ounce 1 0.0296
1 Milliliter 0.0338 0.001
1 Liter 33.8147 1
1 Pint 16 0.4731
1 Quart 32 0.946333
1 Gallon 128 3.7853
Conversion FROM Metric Measures Conversions TO Metric Measures
When You When You
Symbol Know Multiply By To Find Symbol Symbol Know Multiply By To Find
Symbol
mL milliliters 0.034 fluid ounces fl oz fl oz ounces 29.57 milliliters mL
L liters 2.1134 pints pt pt pints 0.473 liters L
g grams 0.035 ounces oz oz ounces 28.35 grams g
kg kilograms 2.202 pounds lb lb pounds 0.454 kilograms kg
PACKING WEIGHT & CAPACITY
This table gives the approximate weight (in ounces) of various products that can be packed in containers of the capacities indicated below. Note. 1 fluid ounces = 1.043 average weight
Container Apple Peanut Ketchup/ Condensed Corn Maple Grape Vegetable
Size Jelly Honey Mustard Pepper Preserves Butter Butter chili
sauce Milk Molasses Syrup Syrup Juice Vanilla Oil Vinegar
2 oz. 2.563 2.875 2.286 1.286 2.781 2.342 2.091 2.300 2.128 2.792 2.758 2.704 2.136 1.980 1.832 2.022
3 oz. 3.844 4.313 3.429 1.929 4.172 3.513 3.136 3.450 3.192 4.188 4.137 4.056 3.204 2.970 2.748 3.033
4 oz. 5.125 5.750 4.572 2.572 5.562 4.684 4.182 4.600 4.256 5.584 5.516 5.408 4.272 3.960 3.664 4.044
5 oz. 6.406 7.188 5.715 3.215 6.953 5.854 5.227 5.750 5.320 6.980 6.895 6.760 5.340 4.950 4.580 5.055
6 oz 7.688 8.625 6.858 3.858 8.344 7.025 6.272 6.900 6.384 8.376 8.274 8.112 6.408 5.940 5.496 6.066
7 oz. 8.969 10.063 8.001 4.501 9.734 8.196 7.318 8.050 7.448 9.772 9.653 9.464 7.476 6.930 6.412 7.077
8 oz. 10.250 11.500 9.144 5.144 11.125 9.367 8.363 9.200 8.512 11.168 11.032 10.816 8.544 7.920 7.328 8.088
9 oz. 11.531 12.938 10.287 5.787 12.515 10.538 9.409 10.350 9.576 12.564 12.411 12.168 9.612 8.910 8.244 9.099
10 oz. 12.813 14.275 11.430 6.430 13.906 11.709 10.454 11.500 10.640 13.960 13.790 13.520 10.680 9.900 9.160 10.110
11 oz. 14.094 15.813 12.573 7.073 15.297 12.880 11.499 12.650 11.704 15.356 15.169 14.872 11.748 10.890 10.076 11.121
12 oz. 15.375 17.250 13.716 7.716 16.687 14.438 12.545 13.800 12.768 16.752 16.548 16.244 12.816 11.880 10.992 12.132
13 oz. 16.656 18.688 14.859 8.359 18.078 15.221 13.590 14.950 13.832 18.148 17.927 17.576 13.884 12.970 11.908 13.143
14 oz. 17.938 20.125 16.002 9.002 19.468 16.392 14.636 16.100 14.896 19.544 19.306 18.928 14.952 13.860 12.824 14.154
15 oz. 19.219 21.563 17.145 9.645 20.859 17.563 15.681 17.250 15.900 20.940 20.685 20.280 16.020 14.850 13.740 15.165
16 oz. 20.500 23.000 18.288 10.238 22.250 18.734 16.726 18.400 17.024 22.336 22.064 21.632 17.088 15.840 14.656 16.175
#4 INGREDIENT LIST:
The ingredient list is placed on the same
label panel as the name and address of
the manufacturer, packer or distributor.
This may be either the information panel
or the principal display panel. It may be
before or after the nutrition label and the
name and address of the manufacturer,
packer or distributor.
LABELS MUST SHOW THE COUNTRY OF ORIGIN OF THE IMPORTED
ARTICLE:
The US Customs Service of the Department of Treasury issued a rule
requiring commodities from foreign countries to show the origin of the product.
EXAMPLE: honey from China must show “Product of China,” maple syrup from
Canada must show “Product of Canada,” etc.
The purpose of this charge is to insure that an ultimate purchaser in the
United States is aware of the country of origin of the imported article. This rule
applies to all commodities, not only food.
This declaration is listed under Customs Bulletin Regulations, Rulings,
Decisions, and Notices concerning Customs and Related Matters and Decisions of
the United States Court of International Trade, Vol. 17, dated August 10, 1983, No.
32. Anyone having any questions regarding this ruling may obtain this bulletin by
writing to the Department of Treasury, US Customs Service, Washington, DC
20229.
Tips for Designing a Successful Label
Initially when looking for a company to print and design a label for your product, first to obtain price
quotes, look under “Printers” in the yellow pages section of your local telephone book. If you need help with a
logo design, look under “graphic designers”.
It is best to find someone locally in your area whom you can establish a working relationship. Convey
to them what your product is and the type of marketing image you are trying to create for your product.
1. Make sure your label conforms with the Food and Drug Administration (FDA) Regulations.
(Title 21 Code of Federal Regulations CFR 101)
2. Ensure that front label has eye appeal and acts as a “tickler” to attract consumer attention
and stand out from your competition. A key element of specialty food products is its
presentation.
3. The side and rear panel, or a hang tag, need to include a history of yourself, the company,
recipe tips, usage instruction, cooking direction, or other selling information to enhance sales.
4. Develop a logo which identifies your product line if you are marketing more than one product
to bring them all together.
5. The color of letters or numerals must be in contrast to the color of the background. For
example, on a loaf of bread, you would not want to use the color brown as it probably would
not be conspicuous.
6. Use nutritional data information if feasible because consumer trends dictate a consensus that
shoppers are more food label conscious than ever before.
7. Consider using the Universal Product Code (UPC) on your label if you intend to market to
grocery store chains because they will not accept you product if it is not able to scan on their
registers.
8. Consider using freshness coding dates or best if used by information on you labels if quality
control tests show a short shelf life.
9. Ensure space to assign a lot number to a batch and keep records on its distribution to enact a
product recall on your product if ever warranted.
10. Advise vendors and consumers of shelf life and special handling information such as “keep
under refrigeration” or “refrigerate after opening”. Do quality control studies to evaluate the
time period a product can be stored under specified temperature conditions and still remain
usable.
11. Consider using tamper evident shrink bands and inner seal devices which show visible signs
that the container has been opened.