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OCR for page 195
Food Labeling: Toward National Uniformity
G
Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups
OCR for page 196
Food Labeling: Toward National Uniformity
APPENDIX G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups
State
State Response
Consumer Response
Industry Response
Alabama
N.P.
N.D.I.
Dairy; honey; oysters
Alaska
N.P.
N.D.I.
Fish
Arizona
N.P.
Arizona Consumers Council stated that discrepancies exist between FDCA Sections 403(f), (h), (k) and Arizona law; and requested that FDA adopt Arizona statute (Section 36-906) related to labeling of vegetable fats.
Dairy
Arkansas
N.P.
N.D.I.
Dairy; produce; honey; fish
California
N.P.; however, different bottled water standards. [Personal communication with J. Scheneman, CDHS, who stated that misbranded olive oil is no longer a problem and that the statutory provision is not enforced.]
Bottled water, ice; olive oil; slack fill
Dairy; honey; olive oil
Colorado
N.P.
N.D.I.
Dairy; honey; labeling of bulk food ingredients [FDCA Section 403(k)]
Connecticut
Bottled water; sulfites; apple juice/cider; container fill
Daily; sulfites; honey
Dairy; honey
Delaware
N.P.
N.D.I.
Dairy; apples (qual./grade); imitation
Florida
Discrepancies between FDCA Sections 403(b), (d), (h), (i) and Florida requirements
Dairy; bottled water; pecans
Dairy; citrus (grade); honey
Georgia
Vidalia onion; also discrepancies between FDCA Sections 403(b), (f), (i)
N.D.I.
Dairy; honey (imitation); Vidalia onion
OCR for page 197
Food Labeling: Toward National Uniformity
State
State Response
Consumer Response
Industry Response
Hawaii
Dairy, bottled water, poi; pasta
N.D.I.
Produce (grades); cold-stored foods; bottled water
Idaho
Pending review by attorney general
N.D.I.
Dairy, fruit (grades)
Illinois
N.P.
N.D.I.
Dairy; agric. products (grades)
Indiana
N.P.
N.D.I.
Dairy; produce (grades)
Iowa
N.P.
N.D.I.
Dairy; honey; artificial sweeteners; vinegar; imitation labeling
Kansas
N.P.
N.D.I.
Dairy; produce (grades and qual. stds.); honey
Kentucky
N.P.
N.D.I.
Apples (grade); strawberries (grade)
Louisiana
No response
N.D.I.
Dairy; honey
Maine
Generally no problems except for labeling of cider, MSG added at retail level, and surimi
N.D.I.
Dairy; apples (grade); maple (SI); beverages (colors, flavors, preserv.); cider, surimi; MSG
Maryland
Oysters, free liquor; hen house identity labeling on egg cartons
N.D.I.
Dairy; crab; commodities (stds. of fill)
Massachusetts
No response
Dairy; baking powder; butter/lard; berries (volume); potatoes (grade); canned (prominence); vinegar
Dairy; maple (SI and ingredients); seafood; vinegar; canned food (grade)
Michigan
Diluted fruit beverage standards
N.D.I.
Dairy; apples (grade); buckwheat mixture; composition stds. for red peppers and nut-meg
Minnesota
N.P.
Dairy; label alternatives; wild rice; oysters (fill); smoked fish; fruit syrups jelly; baking powder; salad oil; oranges; prominence for quality and fill; bottled beverages; canned vegetables
Dairy; apples (grade, etc.); honey; wild rice; common name of bulk foods
OCR for page 198
Food Labeling: Toward National Uniformity
State
State Response
Consumer Response
Industry Response
Mississippi
No response
N.D.I.
Dairy; grits (FDCA std.); honey; syrup; catfish
Missouri
N.P.
N.D.I.
Dairy; apples (grade); grain mixtures
[Law states that regulations must conform as much as practicable to Federal requirements, and be no more stringent; see Missouri State Code, Section 196.050.]
Montana
N.P.
N.D.I.
Dairy; apples (grade); ''Montana farm products''; honey; mustard seed (bug infestations); bottled water
Nebraska
N.P.
N.D.I.
Deceptive packaging
Nevada
N.P.
N.D.I.
Dairy; deceptive packaging of nuts, fruits, and vegetables; potatoes and onions (grades); honey; standard sale units
New Hampshire
No response
N.D.I.
Dairy; apples (grade/qual.); potatoes (grade); "native"; honey; maple (SI, grade, imitation); cider vinegar
New Jersey
No response [NJ has a pending bill on downsizing-Bill 4880, 1991.]
N.D.I.
Dairy; storage of agric. commodities; potatoes (grade)
New Mexico
N.P.
N.D.I.
Dairy; produce; pinon nuts; pecans; honey
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Food Labeling: Toward National Uniformity
State
State Response
Consumer Response
Industry Response
New York
No response
Mellorine; oleo-margarine; horseradish; honey; soaked goods
General authority and standards for milk and dairy products; oleo-margarine; imitation cheese; apples, grapes, lettuce, and potatoes (grades); bulk farm products; honey; kosher; maple products; horseradish; baked beans; macaroni (SI); olive oil; vinegar, re-frozen food
North Carolina
N.P.
N.D.I.
Milk (grade/contents); dairy stds. of purity
North Dakota
N.P.
N.D.I.
Non-Federal dairy stds.; imitation dairy labelling; potatoes (grade); organic; flour (weights and measures)
Ohio
No response
N.D.I.
Dairy and frozen dessert compositional stds.; produce (grades); canned fruit/vegetable labeling (grade/qual.); honey; maple; kosher; soaked canned goods; soft drink "dry" labeling; bottled water; vinegar; imitation flavored soft drinks; minimum weight for bread
Oklahoma
N.P.
N.D.I.
Composition stds. for milk; mello-drink; produce (grades); honey; organic; low-alcohol beverages; TVP products
Oregon
N.P.
Halibut definition; bacterial counts for frozen desserts; mellorine; imitation milk and dairy products
SI for milk and desserts; onions, potatoes, and nuts (grades); bulk agric. products; balloon loaf; flour product (SI); organic; nonalcoholic beverages stds.; halibut definition
OCR for page 200
Food Labeling: Toward National Uniformity
State
State Response
Consumer Response
Industry Response
Pennsylvania
N.P.
Formaline, etc., in foods; metallic copper; honey; nonalcoholic beverages; colored margarine; benzoic acid-containing products; color labeling; sulfur dioxide use in foods and labeling; lard labeling; oil mixtures labeling; beverage names; nondairy product labeling
Dairy stds.; oleomargarine; produce (grades); honey; chicory with coffee; fruit syrup; vinegar; lard; nonalcoholic beverages; food mixtures; size of type; dairy weights and measures
[Formaline, metallic copper, honey, and beveragecolor, etc., labeling provisions repealed in 1909.]
Rhode Island
N.P.
N.D.I.
Dairy stds.; frozen desserts; exposed surface of fruits; kosher; olive oil mix.; mackerel (grades); cider vinegar
South Carolina
N.P.
N.D.I.
Dairy labeling; frozen desserts; grade stds. for farm products; enriched flour product labeling; rice labeling
South Dakota
N.P.
N.D.I.
Dairy stds.; frozen dessert stds.; potato weight labeling; organic; common or usual names; preservative labeling; water; compound food labeling
Tennessee
N.P.
N.D.I.
Dairy stds.; produce with sulfites (in restaurants); std. weights for margarine
Texas
Generally no problems except for bottled water and alcohol (liquor) in candy
Crabmeat and added chemicals
Produce (grade); bulk agric. products; "self-rising flour"; bread std. sizes; honey; kosher; crabmeat definition; cereal/flour std. weight
Utah
Generally no problems except for bottled water with fruit juice [which should be labeled as a soft drink]; and FDCA Sections 403(f), 403(h), 403(k)
N.D.I.
Dairy stds.; renovated butter, flour/cereal definitions
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Food Labeling: Toward National Uniformity
State
State Response
Consumer Response
Industry Response
Vermont
Generally no problems except for maple syrup SI
Maple syrup SI
Dairy definitions; frozen dessert definitions, qual., and fill; apples (grade); potatoes (grade); maple syrup; organic; irradiated food
Virginia
N.P.
N.D.I.
Dairy stds.; frozen dessert stds.; apples (grade); organic; "Virginia Quality Label"; std. measures for dairy
Washington
No problems in general except for buttered popcorn sold in theaters and fish names
Imitation dairy; halibut names; honey; slack filled products
Dairy; cheese; produce (grades); honey; kosher; organic; halibut; bacon; macaroni; weights and measures for dairy
West Virginia
No response
N.D.I.
Dairy; produce (grades); honey; vinegar; sulfites (restaurants); mixtures; weights and measures for many foods
Wisconsin
No response
N.D.I.
Butter, cheese; imitation dairy; wild rice; weights and measures for many foods
Wyoming
No response
N.D.I.
Dairy; potato (grade/qual, stds.); honey
NOTES:
N.P. = No problems or discrepancies reported.
N.D.I. = No discrepancies identified, or no response received or indicated for a given State.
CDHS = California Department of Health Services.
MSG = monosodium glutamate.
SI = standard of identity.
FDCA = Federal Food, Drug, and Cosmetic Act of 1938, as amended.
TVP = textured vegetable protein.
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Food Labeling: Toward National Uniformity
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Representative terms from entire chapter:
olive oil
