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Food Labeling: Toward National Uniformity (1992)
Institute of Medicine (IOM)

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. "5 Comparison and Analysis of Federal and State Food Labeling Requirements." Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press, 1992.

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Food Labeling: Toward National Uniformity
Label Requirements Regarding Quantities of Artificial Colorings, Flavorings, and Chemical Preservatives

Minnesota's regulations (Minn. Reg. §1550.0410) require that when two or more mixtures of preservatives are used, the names and percentages of each ingredient must be clearly printed in the order of predominance. They also require that the name and percentage of each ingredient used in oleomargarine be listed and its source revealed (Minn. Reg. §1550.0860). Ohio law requires that soft drink labels specify the name and amount of any preservative used (Ohio Rev. Code Ann. §913.24). Pennsylvania has a similar soft drink requirement (Pa. Stat. §790.7; §790.8). South Dakota requires that "[a]ll foods which contain any preservative, other than those substances specifically mentioned in §39-4-4, ... shall be plainly and conspicuously labeled to show the presence and amount of such preservative" (S.D. Codified Laws Ann. §39-4-5). In contrast, Federal regulations currently do not require that the amount of the preservative used be specified on the label; however, they do require that the common name and function be listed.

Label Requirements for Colors, Flavors, or Preservatives in Bulk Foods

Several States require that individual "bulk" foods be labeled regarding the use of a food coloring. Minnesota Regulation 1550.0870 requires that the color added to oranges not exceed the average representative natural color that the varietal oranges would have when naturally colored. Each orange and its container must be labeled "color added. California also requires that oranges sprayed with artificial coloring be labeled "color added" (Cal. Admin. Code Title 3, R. 365.3A). Texas requires all citrus fruits treated with "coloring matter" to be marked with the words "color added'' (Tex Agric. Code §95.011 and §95.012; §95.016 through §95.018). FDA only requires that a container or placard disclose the use of artificial coloring [21 CFR §101.22(e)].

Colorado requires the manufacturer of bulk foods sold at the retail level to label products as to the presence of any artificial color, flavor, or chemical preservative (Co. Stat. §25-4-1302). Likewise, Arizona statutes require that bulk foods offered self-service style to consumers include a declaration of artificial color or flavor and any chemical preservatives contained in the product (Ariz. Rev. Stat. Ann. §36-973).

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131
Front Matter (R1-R16)
1 Summary (1-26)
2 Background of the Study (27-34)
3 Contextual Factors Affecting the Regulation of Misbranded Food (35-62)
4 Criteria for Determining Adequate Implementation of the Federal Statute (63-84)
5 Comparison and Analysis of Federal and State Food Labeling Requirements (85-140)
6 Issues Raised By States, Consumers, and Industry (141-162)
Appendixes (163-164)
A Provision for the State Food Labeling Study Contained in the Nutrition Labeling and Education Act of 1990 (165-166)
B Participants at the Public Meeting Held by the Committee on State Food Labeling, May 30, 1991 (167-168)
C Letter of Request Sent to State and Local Regulators and Consumer Groups by the Committee on State Food Labeling (169-172)
D States Providing Written Response to the Six Questions from the Committee on State Food Labeling (173-174)
E Individuals from States That Provided Information to the Committee on State Food Labeling (175-182)
F State and Local Laws, Regulations, and Other Materials Submitted to the Committee on State Food Labeling (183-194)
G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups (195-202)
H State Food Labeling Requirements and Relationship to the Misbranding Provisions of Section 403 of the Federal Food, Drug, and Cosmetic Act (203-208)
I Case Study: Requirements for Labeling Bottle Water (209-218)
J Biographical Sketches of Committee Members and Staff (219-224)
Index (225-240)