21 CFR 101.9(a) and 101.9(a)(1)
Below are listed categories providing exemptions or special provisions for nutrition labeling. A food package loses those exemptions, which are asterisked, if a nutrition claim is made or nutrition information is provided:
| Summary of Exemption | Regulation # |
| *Manufactured by small businesses | 21 CFR 101.9(j)(1) and 101.9(j)(18) |
| *Food served in restaurants, etc. or delivered to homes ready for immediate consumption | 21 CFR 101.9(j)(2) |
| *Delicatessen-type food, bakery products and confections that are sold directly to consumers from the location where prepared | 21 CFR 101.9(j)(3) |
| *Foods that provide no significant nutrition such as instant coffee (plain, unsweetened) and most spices | 21 CFR 101.9(j)(4) |
| Infant formula, and infant and junior foods to 4 years (modified label provisions for these categories) | 21 CFR 101.9(j)(5) and 101.9(j)(7) |
| Dietary supplements (must comply with 21 CFR 101.36) | 21 CFR 101.9(j)(6) |
| Medical foods | 21 CFR 101.9(j)(8) |
| Bulk foods shipped for further processing or packaging before retail sale | 21 CFR 101.9(j)(9) |
| *Fresh produce and seafood (a voluntary nutrition labeling program covers these foods through the use of the appropriate means such as shelf labels, signs, and posters) | 21 CFR 101.9(j)(10) and 101.45 |
| Packaged single-ingredient fish or game meat may be labeled on basis of 3-ounce cooked portion (as prepared). Custom-processed fish and game are exempt from nutrition labeling. | 21 CFR 101.9(j)(11) |
| Certain egg cartons (nutrition information inside lid or on insert in carton) | 21 CFR 101.9(j)(14) |
| Packages labeled "This unit not labeled for retail sale" within multiunit package, and outer wrapper bears all required label statements | 21 CFR 101.9(j)(15) |
| Self-service bulk foods--nutrition labeling by placard, or on original container displayed clearly in view | 21 CFR 101.9(a)(2) and 101.9(j)(16) |
| Donated food that is given free (not sold) to the consumer. | You are not required to put "Nutrition Facts" labels on donated food unless the donated food is later placed on sale (the law applies only to food that is "offered for sale") -- 21 CFR 101.9(a) |
| Game meats may provide required nutrition information or labeling in accordance with 21 CFR 101.9(a)(2). | 21 CFR 101.9(j)(12) |
21 CFR 101.13(c)
The "Nutrition Facts" label may be placed together with the
ingredient list and the name and address (name and address of the
manufacturer, packer, or distributor) on the principal display panel
(PDP). These three label statements also may be placed on the
"information panel" (the label panel adjacent and to the right of
the principal display panel, or, if there is insufficient space on the
adjacent panel, on the next adjacent panel to the right).
On packages with insufficient area on the principal display panel and
information panel, the "Nutrition Facts" label may be placed
on any alternate panel that can be seen by the consumer.21 CFR 101.2(b), 101.2(d)(1), and 101.9(j)(17)
The illustration below (Nutrition Label Format) indicates the suggested typesetting specifications for a "Nutrition Facts" label to be considered conspicuous and adequately formatted. Format requirements are specified in 21 CFR 101.9(d)
A. Overall
B. Typeface and Size
- The "Nutrition Facts" label uses 6 point or larger Helvetica Black
and/or Helvetica Regular type. In order to fit some formats the
typography may be kerned as much as -4 (tighter kerning reduces
legibility).
- Key nutrients & their % Daily Value are set in 8 point
Helvetica Black (but "%" is set in Helvetica Regular).
- "Nutrition Facts" is set in either Franklin Gothic Heavy or
Helvetica Black to fit the width of the label flush left and flush
right.
- "Serving Size" and "Servings per container" are set in 8 point
Helvetica Regular with 1 point of leading.
- The table labels ( for example, "Amount per Serving") are set in
6 point Helvetica Black.
- Absolute measures of nutrient content ( for example, "1g") and
nutrient subgroups are set in 8 point Helvetica Regular with 4 points of
leading.
- Vitamins and minerals are set in 8 point Helvetica
Regular, with 4 points of leading, separated by 10 point bullets.
- All type that appears under vitamins and minerals is set in 6 point Helvetica Regular with 1 point of leading.
- A 7 point rule separates large groupings as shown in the example.
A 3 point rule separates calorie information from the nutrient
information.
- A hairline rule or 1/4 point rule separates individual nutrients, as shown in the example. Descenders do not touch rule. The top half of the label (nutrient information) has 2 points of leading between the type and the rules, the bottom half of the label (footnotes) has 1 point of leading between the type and the rules.
On packages with more than 40 square inches available to bear labeling, the "side-by-side" format may be used if the regular "Nutrition Facts" label does not fit. In this format, the bottom part of the "Nutrition Facts" label (following the vitamin and mineral information) is placed immediately to the right and separated with a line. If additional vitamins and minerals are listed after iron and the space under iron is inadequate, they may also be listed to the right with a line that sets them apart from the footnotes.
Also, if the package has insufficient continuous vertical space (ie., about 3 inches) to accomodate the above format, the nutrition label may be presented in a tabular (i.e., horizontal) display.
21 CFR 101.9(d)(11)(iii)
21 CFR 101.9(d)(10)
When a package contains two or more packaged foods that are intended to be eaten individually, such as a variety pack of breakfast cereals or when packages may be used interchangably for the same type of food, such as round ice cream containers, the manufacturer may choose to include separate "Nutrition Facts" panels for each food product, or may use an aggregate "Nutrition Facts" panel.
21 CFR 101.9(d)(13)(i) & (ii)
21 CFR 101.9(j)(13)(ii)(A), (C), and (D)
21 CFR 101.9(j)(13)(ii)(A)
 Label Term |
Abbreviation |
Label Term |
Abbreviation |
| Serving size | Serv size | Cholesterol | Cholest |
| Servings per container | Servings | Total carbohydrate | Total carb |
| Calories from fat | Fat cal | Dietary fiber | Fiber |
| Calories from saturated fat | Sat fat cal | Soluble fiber | Sol fiber |
| Saturated fat | Sat fat | Insoluble fiber | Insol fiber |
| Monounsaturated fat | Monounsat fat | Sugar alcohol | Sugar alc |
| Polyunsaturated fat | Polyunsat fat | Other carbohydrates | Other carb |
21 CFR 101.9(j)(13)(ii)(B)
bear labeling) may be printed with a telephone number or an address to
obtain nutrition information. This exemption (using a telephone number
or address in place of the "Nutrition Facts" label) is permitted only
if there are no nutrient content claims or other nutrition information
on the product label.21 CFR 101.9(j)(13)(i)
21 CFR 101.9(j)(13)(i)(B)
Single serving containers may omit the "servings per container"
declaration. In addition, most single serving containers may omit the
metric equivalent portion of the serving size declaration. However, if
it is voluntarily included, it must be consistent with the net quantity
of contents value. The serving size for single-serving containers must
be a description of the container such as: "Serving Size: 1 package" for
food in bags, "Serving Size: 1 container" for foods in plastic containers, or
"Serving Size: 1 can" as appropriate. Only those few foods that are
required to declare drained weights must include the metric equivalent
as part of the serving size declaration, e.g., "Serving size: 1 can
drained (__g)." 21 CFR 101.9(b)(5)(iv), 101.9(b)(7) & 101.9(d)(3)(ii)
The "Nutrition Facts" panel must state the nutrients in the food "as
packaged" (i.e., before consumer preparation). However, manufacturers
are encouraged to add a second column of nutrition information showing
calories, calories from fat and the % Daily Value for the combination of
foods eaten. Quantitative amounts (i.e., g/mg) need only be given for
the packaged food. However, as shown in this example, a footnote can be
added to indicate the amount of nutrients in the added food. Alternatively, the
quantitative amounts of the prepared food may be included immediately
adjacent to those for the packaged food (e.g., "Sodium 200 mg, 265 mg").
21 CFR 101.9(e)
When the nutrient values in the column for the product prepared
according to package directions would be identical to the column for the
product as packaged (e.g., the only ingredients added during preparation
are ingredients such as water), manufacturers may omit the second column
and include the amount made as part of the serving size declaration. For
example, a dry beverage mix could declare: "Serving Size: 1 tsp dry
powder (4 g)(makes 1 cup prepared)."
21 CFR 101.9(b)(7)(v), 101.9(e), 101.9(e)(5)