Labels required and USDA/FDA Regulations for Samples (not for Resale)
Are there any particular labels required for samples or test products? Also, what USDA or FDA regulations are found that are associated with these samples or test products?
In general, if you aren't selling something, it hasn't been introduced "to commerce", so FSIS/FDA has no authority to regulate it.
Make sure the samples are produced safely and include an ingredient statement so that those with allergens/sensitivities can avoid any problematic ingredients. If you're distributing samples to large groups of people and the product is perishable, you may end up under a food retailer license with your state, but I suspect that is not your situation.
Hello Clly,
We are a Canadian manufacturer and when we have sent meat(beef, pork or chicken) samples for consumption to the US they had to comply with the generic labeling regulations under the USDA, we were not making any claims on the product.
As far as FDA regulated products, we worked with a company that was producing small non meat samples that were distributed as a promotional item it still had to meet the general labeling requirements(product name, net weight, ingredients and allergens, name and address of firm) the company found a clause that they felt allowed them to leave the NFT off of the label however they included a contact phone number for the NFT info below is the excerpt from the FDA Food Labelling Guidance.
Donated food that is given free (not sold) to the consumer. You are not required to put Nutrition Facts labels on donated food unless the donated food is later placed on sale (the law applies only to food that is "offered for sale")Hi clly,
So are yr samples intended to be distributed etc etc ?
Thank you for your answers. These items are to be produced through normal production but then repacked in a test kitchen as smaller portions and sent to customers/clients as samples for their own evaluation. How would that fall under USDA/FDA regulations? Does there need to be any food safety regulations followed? and who would regulate?
Based on your description of the product being sent to customers for evaluation and not for sale, If it is USDA regulated meat product then this link to a FSIS Directive on Experimental and Sample Products may give you some guidance on USDA / FSIS requirements. https://www.fsis.usd...pdf?MOD=AJPERES
As far as the FDA goes, I have always found it hard to find guidance on sample products, I would follow the labeling guidance in the FDA food labeling guide found here Aside from the exception for NFT info on donated products I have not found any other exceptions. If there are any others I would like to know about them.
Hi clly,
I'm not in USA which limits my usefulness but a few generic comments.
Product is unknown. This presumably specifies USDA/FDA involvement. And possibly safety aspects also (eg Post2).
Safety requires risk assessment and here presumably overlap product/mode of testing/nature of testee. Where knowledge is lacking a conservative approach seems the logical minimum requirement, eg legal labelling is presumably necessary but not necessarily sufficient.
One (obvious) option is to consult the FDA/USDA.
The best I know for "food samples not for commerce" regulated by FDA is the requirement for 4/5 of the labeling requirements must be met.
1. Product description
2. Net content
3. Ingredient statement with allergen call out
4. Manufacturer's name and address or whoever is copacking it.
The nutritional statement can be exempted.