FSQA, I am, but actually about ingredient statement declaration. I'm not sure that L110 applies because it's saying that a small retailer doesn't need to have the nutritional info requirements. In my case, the retailer is LARGE but I'm not asking if THEY need to display the information (they are doing that - they're applying a label on the sandwich in store). My question is am I required to be label compliant considering my sandwich is not going to the consumer but going to the store in bulk. They (the retailer) want us to put a label with just a barcode and the name of the product but I'm wondering if I should insist on putting a full label on there.
Thanks for the clarification.
Based on the guide or the regulation, it mentions about the nutritional labeling- not how to label ingredients on a retail packages of a bulk container (unless I am misinterpreting it). As you mentioned, the retailer is applying the labels after repacking, so the following applies to them:
L139.If a bulk food is repacked at the retail level and sold in packaged form instead offrom the bulk container, do the individual packages have to carry nutrition labeling?
Answer: Yes. When foods are received by a retail store in bulk form and repacked for sale to consumers as a packaged food, the package must meet all mandatory labeling requirements.
L141.Who is responsible for providing nutrition information for bulk foods?
Answer: The retailer is responsible for displaying the nutrition information in the required format on or adjacent to the bulk container. The information may be obtained/provided by either the supplier or retailer. The decision as to who actually develops the information is up to those parties involved.
However, to further protect yourself, either you can have an exemption as stated in 21 CFR 101.9(j)(9) or you can place the Ingredients and Nutritional info on the 3 pack container and label all the individual packages as "This Unit Not Labeled For Retail Sale" (please refer to 21 CFR 101.9(j)(15) ).