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Food Labeling: Toward National Uniformity (1992)

Chapter: G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups

« Previous: F State and Local Laws, Regulations, and Other Materials Submitted to the Committee on State Food Labeling
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

G
Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

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

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

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

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

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

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

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

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

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

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×

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.

Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
This page in the original is blank.
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
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Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 196
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 197
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 198
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 199
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 200
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 201
Suggested Citation:"G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
×
Page 202
Next: H State Food Labeling Requirements and Relationship to the Misbranding Provisions of Section 403 of the Federal Food, Drug, and Cosmetic Act »
Food Labeling: Toward National Uniformity Get This Book
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The Nutrition Labeling and Education Act of 1990 (NLEA) changed the existing regulatory framework for food labeling requirements that was shared among federal, state, and local levels of government. In addition to creating a system of mandatory nutrition labeling for foods, NLEA provided a schedule for the preemption of state and local labeling requirements that were not identical to federal provisions. Six provisions were not to be preempted until a study on the adequacy of the federal implementation of those provisions was completed.

Food Labeling is the result of that study. It presents recommendations concerning the Food and Drug Administration's implementation of the six provisions that were studied, suggestions for the future disposition of relevant state and local food labeling requirements, and views on the continuing importance of the working relationship among the various levels of government in assuring that consumers are protected from misleading label information.

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