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3 The Regulatory Environment
Pages 21-32

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From page 21...
... 3 The FD&C Act specifies that the nutrition information must include the serving size that is appropriate for the food; the number of servings per container; the total number of calories; and the amounts of total fat, saturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, dietary fiber, protein, and any vitamin and mineral when such information is determined to assist consumers in maintaining healthy dietary practices. 4 The act then provides for nutrients to be added or deleted when such actions are determined to assist consumers in maintaining such practices.
From page 22...
... Department of Agriculture FSIS is responsible for the labeling of meat, poultry, and some egg products under the authority of the Federal Meat Inspection Act (FMIA) ,15 the Poultry Products Inspection Act (PPIA)
From page 23...
... In addition to the five basic mandatory labeling components set forth for FDA-regulated foods, egg products that go through the USDA inspection system are required to include an official USDA shield on the principal display panel. The official plant number of the egg processing plant where inspection took place must be printed within the shield or elsewhere on the container preceded by the letter "P" or the word "Plant." 23 Shell eggs must be labeled to indicate that refrigeration is required, e.g., "Keep Refrigerated,"24 and FSIS-regulated products that require premarket label approval must display the label approval number.25 Table 3-1 identifies the mandatory labeling components for food products regulated by FDA, FSIS, and USDA.
From page 24...
... on labels of most packaged foods represents only a portion of the possible nutrition-related components on food labels that fall under federal jurisdiction. Other forms of nutrition labeling ascribed to FDA-regulated food products in the FD&C Act include nutrient content claims, health claims, and the voluntary nutrition labeling program provided for raw fruits, vegetables, and fish.
From page 25...
... In addition to claims, the FD&C Act addresses labeling of raw commodities and fish through a voluntary nutrition labeling program for the 20 most frequently consumed raw fruits, vegetables, and fish. 40 The act required FDA to establish guidelines for the voluntary program and then to periodically survey food retailers to see if they are in substantial compliance with the guidelines.
From page 26...
... Products with 3% or less raw meat; Products containing greater than 3% Products containing 2% or more Egg products processing plants (egg less than 2% cooked meat or other raw meat, 2% or more cooked meat or cooked poultry; more than 10% breaking and pasteurizing operations) are portions of the carcass; or less than other portions or the carcass; or 30% cooked poultry skins, giblets, fat, and under USDA jurisdiction.
From page 27...
... The following products, among plants, etc. others, are exempted as not being egg products: freeze-dried products, imitation Egg processing plants (egg washing, egg products, egg substitutes, dietary sorting, and packing)
From page 28...
... . Accordingly, FSIS has issued regulations that require similar nutrition labeling on meat and poultry products and provides for nutri ent content claims in a similar manner.44 However, FSIS has not issued regulations for the use of health claims, although it permits claims that have been authorized by FDA or that are in accordance with a third-party certifica tion program to be used on a case-by-case basis.45 In keeping with statutory requirements for the voluntary nutrition labeling program for raw commodities and fish, FSIS issued regulations for a voluntary nutrition labeling program for single-ingredient raw meat and poultry products, including single-ingredient, raw, ground or chopped products.
From page 29...
... The letter stated that the agencies "would be concerned if FOP labeling systems used criteria that were not stringent enough to protect consumers against misleading claims; were inconsistent with the 2010 Dietary Guidelines for Americans (USDA, 2010) ; or had the effect of encouraging consumers to choose highly processed foods and refined grains instead of fruits, vegetables, and whole grains." FDA followed by issuing guidance for the industry regarding point-of-purchase food labeling including FOP labeling.
From page 30...
... , which are used to determine serving sizes; and criteria used to define nutrient content claims and to provide for health claims. One of this committee's guiding principles is the need to maintain consistency between FOP labeling and existing nutrition labeling regulations.
From page 31...
... 2005. Qualified health claims: Creatures of case law.


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