Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Legible labels. All required labeling information shall be
legibly written or printed on the label in a location that is easily
identifiable by the consumer.
(2)
Labels and packaging on homemade food items, exception. A
homemade food item shall be packaged in the home food processing establishment,
and all required labeling shall be affixed to the homemade food item before it
is delivered to the consumer, with the exception of a homemade food item picked
up by the consumer in person at the home food processing establishment. In the
case of the exception, the homemade food item shall still be protected from
contamination and all required labeling information shall be provided to the
consumer.
(3)
Raw meat and
poultry products. Packaged homemade food items that contain raw meat
or poultry shall be labeled with safe handling instructions informing the
consumer how to safely store, prepare, and handle raw meat and poultry products
in the home.
(4)
Expiration
date. Refrigerated time/temperature control for safety homemade food
items that are ready-to-eat foods shall be labeled with an expiration date not
to exceed seven days from the date of preparation, and the date of preparation
is counted as day one. Time/temperature control for safety homemade food items
may be labeled with an expiration date that exceeds seven days if the
expiration date has been determined to be safe by an accredited food science
institution and documentation is provided to the regulatory authority upon
request.
(5)
Contents.
a. A home food
processing establishment shall label homemade food items with all of the
following information:
(1) The name or license
number of the home food processing establishment. If the name used on the label
is different from the name stated on the issued home food processing
establishment license, the license number shall be included in the
labeling.
(2) The common or usual
name of the food.
(3) The
ingredients (including sub-ingredients) of the homemade food item in descending
order of predominance by weight.
(4) The net quantity of contents (weight,
volume, or numeric count).
(5) For
refrigerated time/temperature control for safety foods, an expiration date
based on food safety.
(6) The
following statement: "This product was produced at a home food processing
establishment."
(7) If the homemade
food item contains one or more major food allergens, an additional allergen
statement identifying each major allergen contained in the food by the common
name of the allergen.
(8) Labeling
statements. Labels or other marketing materials associated with homemade food
items must be truthful and not misleading.
b. Claims on labels or other marketing
materials associated with homemade food items that are related to the following
must conform to the United States Food and Drug Administration's (FDA's) Food
Labeling Guide. A link to the labeling guide may be found on the department's
website or on the FDA's website.
(1) Health
claims;
(2) Qualified health
claims;
(3) Nutrient content claims
(i.e., low sodium, high fiber, low fat, sugar free); or
(4) Structure/function claims.
c. Homemade food items labeled or
marketed as a special dietary use food must conform to 21 CFR Part 105. The
home food processing establishment shall provide documentation, such as a
nutritional analysis by an accredited food laboratory, to the regulatory
authority upon request.
d. Labels
or other marketing materials shall not contain any claims that the homemade
food item can be used in the diagnosis, cure, mitigation, treatment, or
prevention of disease.
