Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 720 - FOOD, DRUG AND COSMETIC CODE
Section 720.40 - Food
Current through Register Vol. 48, No. 12, March 22, 2024
a) Food: Labeling; Misbranding.
b) Food Labeling in Package Form; Identify.
c) Food: Labeling; Prominence of Required Statements.
A word, statement or other information required by or under authority of the Act to appear on the label may lack that prominence and conspicuousness required by Section 11(f) of the Act by reason (among other reasons) of:
d) No exemption depending on insufficiency of label space, as prescribed in regulation promulgated under Section 11(i) of the Act, shall apply if such insufficiency is caused by:
e)
f) Food: Labeling; Designation of Ingredients.
The name of an ingredient (except a spice, flavoring or coloring which is an ingredient of a food other than one sold as a spice, flavoring or coloring), required by Section 11(i)(2) of the Act to be borne on the label of a food, shall be a specific name and not a collective name. But if an ingredient (which itself contains two or more ingredients) conforms to a definition and standard of indentity prescribed by regulations under Section 9 of the Act, such ingredient may be designated on the label of such food by the name specified in the definition and standard, supplemented, in case such regulations require the naming of optional ingredients present in such ingredient, by a statement showing the optional ingredients which are present in such ingredient.
g) No ingredient shall be designated on the label as a spice, flavoring or coloring unless it is a spice, flavoring or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The term "coloring" shall not include any bleaching substance.
h) An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such ingredient is designated by its specific name.
i) In the case of fabricated foods, including mixtures of food ingredients, where the proportion of an expensive ingredient or ingredients present has a material bearing on price or consumer acceptance, the label of such food shall bear a quantitative statement of such ingredient(s) if the label without such declaration may create an erroneous impression that such ingredient or ingredients are present in an amount greater than is actually the case. For example, a label designation of identity as "cotton seed oil and olive oil" for a mixture containing 80 percent or more of cotton seed oil would require a declaration of the percent of olive oil present. Similarly, a representation by vignette or statement of identity that a breakfast syrup is made from a mixture of sugar syrup and maple sugar syrup would necessitate a quantitative declaration of the maple sugar syrup unless more than 20 percent maple sugar syrup is present.
j) In the case of an assortment of different items of food, when variations in the items which make up different packages packed from such assortment normally occur in good packing practice, and when such variations result in variations in the ingredients in different packages, such food shall be exempt from compliance with the requirements of clause (2) of Section 11(i) of the Act with respect to any ingredient which is not common to all packages. But such exemption shall be on the condition that the label shall bear, in conjunction with the name of such ingredients as are common to all packages, a statement in terms which are as informative as practicable and which are not misleading, indicating that other ingredients may be present.
k) A food shall be exempt while held for sale from the requirements of clause (2) of Section 11(i) of the Act (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients) if said food, having been received in bulk containers at a retain establishment, is displayed to the purchaser with either
l) Propylene glycol or glycerin present in quiescently frozen confections because of use as a carrier for food-grade emulsifiers and stabilizers is exempt from the requirements of Section 11(i)(2) of the Act (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients).
m) Ingredients shall be listed by common or usual name in order of decreasing predominance. The declaration shall be presented on any appropriate information panel in adequate type size, without obscuring design, vignettes or crowding. The entire ingredient statement shall appear on a single panel of the label.
n) Food: Labeling; Artificial Flavoring or Coloring, Chemical Preservatives.
o) A food which is subject to the requirements of Section 11(k) of the Act shall bear labeling, even though such food is not in package form.
p) A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, or on its container or wrapper, or on any two or all of these, as may be necessary to render such statement likely to be read by the ordinary individual under customary conditions of purchase and use of such food.
q) A food shall be exempt from compliance with the requirements of Section 11(k) of the Act if it is not in package form and the units thereof are so small that a statement of artificial flavoring, artificial coloring, or chemical preservative, as the case may be, cannot be placed on such units with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use.
r) A food shall be exempt while held for sale from the requirements of Section 11(k) of the Act (requiring label statement of any artificial flavoring, artificial coloring, or chemical preservative) if said food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with either
s) A fruit or vegetable shall be exempt from compliance with the requirements of Section 11(k) of the Act with respect to a chemical preservative applied to the fruit or vegetable as a pesticide chemical prior to harvest.