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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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