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Labeling law: sending product to a store who will prepare and repack


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#1 jcieslowski

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Posted 24 July 2018 - 08:18 PM

Just want to check my sanity on this, your help is appreciated.

 

We are making a '3 pack' package of sandwiches and selling them to a C-store chain.  The store is taking the 3 pack, breaking them up into the 3 individual sandwiches, warming them in their oven, and putting them in foil bag in their heat box to display to their customers.

 

Is that 3 pack exempt from FDA labeling requirements?  There is no way that the 3 pack will be sold whole to a customer and the store is handling, heating, and repackaging it individually to sell as a ready to eat grab and go type item.

 

Thanks in advance,

 

John



#2 FSQA

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Posted 24 July 2018 - 09:58 PM

John,

 

Are you inquiring about Nutritional Info requirements?

Following link is a FDA labeling guide and based on my understanding it will be based on the size of the C-Chain store/business.

 

https://www.fda.gov/...e/ucm265446.pdf

 

(please review L110, pg 61)



#3 jcieslowski

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Posted 25 July 2018 - 04:00 PM

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.



#4 Dr Vu

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Posted 26 July 2018 - 12:14 AM

You may qualify under these 2 exemptions.. Only the nutritionals.. You  may need domicile., net w, name and ingredients

  1. Manufactured  by  small  businesses …..21  CFR  101.9(j)(1) and 101.9(j)(18) 
  2. Bulk  foods  shipped  for  further  processing or  packaging  before  retail  sale 21  CFR  101.9(j)(9)

A vu in time , saves nine

#5 FSQA

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Posted 27 July 2018 - 01:06 PM

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) ).






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