Volume 15, Number
8 - August 2015
Greetings from Food Label News.
'Tis the season for summer vacations and world travel. We
join you around the world with a lead article about
geographic references in product names. The Q&A this month
is about FDA enforcement discretion for labels. Let us
know what you think and other questions you may have. Be
sure to catch the Reader Favorites, our most popular
articles from issues past, focused on U.S. and Canada
comparisons.
Enjoy your summer!
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Around the World in Product Names:
Using Geographic References in U.S. and Canada
Asian Rice. French Bread. Thai Noodles. Vienna Sausage. When
can you use geographic references in product names? Both FDA
and USDA have requirements concerning geographic naming.
Take note of the nuances that apply to your product.
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In U.S., FDA and USDA require that a product meet one of four
conditions to use a geographic reference on the label:
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1. |
Truthful representation of geographic origin. Noodles made
in Thailand can be labeled "Thai Noodles." "Virginia Ham" is
only acceptable for a ham produced in the state of Virginia. |
2. |
An exclusive long-standing trademark or a name that is so
fanciful, it's not generally understood to be a geographic
reference. "Near East® Rice" and "Moon
Sausage" are examples. |
3. |
A part of the name required by applicable Federal law or
regulation, such as "Frankfurters." |
4. |
A name that is generally understood to be a specific type or
style of food or preparation rather than from a particular
geography. "French Bread" and "Italian Dressing" are
examples. For USDA, these terms must be qualified with the
word "style" or "type" unless specifically approved as a
generic term (e.g., "Genoa Salami"). |
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To use a geographic reference on a product
that does not meet the above guidelines, note:
FDA-regulated foods need to be qualified with the
word Style as in "Asian Style Rice."
USDA-regulated foods need to be qualified
with the word Brand along with a statement about
where the product was made, such as "Milwaukee Brand
Bacon, Made in Chicago, Illinois." The word Brand
must be in the same size and style of type as the
geographic term. |
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Regulations for use of geographic references in product
names are similar in Canada. For example, a product named "New Orleans
Jambalaya" is misleading if it did not originate from or was not last
processed in New Orleans. In this instance, use of the word "Style" is
required: "New Orleans Style Jambalaya."
Some special circumstances
exist: 1) standardized product names - for example, "Pommes Fuji Apples"
do not need to originate from Fuji, Japan, and generally do not; and 2)
long-established trademarked brand names - for example, "Marque Vienna
Brand Rye Bread / Pain de seigle" does not need to originate from
Vienna, Austria. |
References:
21 CFR 101.18
FSIS Policy Memo 068
CFIA Guidance Document Repository |
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What's
News in the Food Label
Community
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Reader Q&A
Find
answers to our readers'
questions or send us
your question for an
upcoming issue.
Q. |
My supplier changed one of the ingredients we use in our
product, resulting in small changes to our ingredient
statement and nutrition facts. Is there any phase-in
period so that we don't have to discard the packaging we
have in stock?
− L.E., Arizona, Cookie Manufacturer |
A. |
There is no phase-in period for new labels, as they must
accurately reflect the contents of the package. However,
under certain circumstances FDA will agree to
enforcement discretion on a case-by-case basis.
Read more. |
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What Matters in Food Labeling
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