Labels for Retail Use sent in Foodservice Product Package

Hello,

Want to take foodservice items and ship to retail customers and include labels for retail pack packing.  Is there any violation of any GFSI standard, in our case BRC?  I dont see where it would be any violation but a risk is there.  Its not considered co-packing, we are not getting the product back.  Any regulations of advice on this?  Are we okay to include labels in food service packs for repacks to retail with well known customers?  Thanks.

Interesting question. Can't comment on the regulatory side, but BRC has some specific requirements on control of labelling and you'll therefore want to look at if/how you can ensure you're meeting the requirements of e.g. clause 6.2.3.: Procedures shall be in place to ensure that all products are packed into the correct packaging and correctly labelled.

The question that I suspect an auditor would ask, is: If you know the product is destined for retail, how do you know that it is actually being labelled correctly?

Equally one might be able to construct a counter-argument based on BRC's own definition of Primary Packaging to an extent - since this is "the packaging that constitutes the unit of sale to the consumer or customer", and the label isn't part of that if it isn't applied, is it outside the scope of the points in section 6.2? Not perfect though, as it's included in the outer pack so one could also argue it the other way...

To me it certainly doesn't look clear-cut as a scenario. Is there a reason you're not applying the retail labels yourself, if you know that's where the product is destined?

USDA FSIS issued guidance on this topic late yesterday. You can search FSIS's website for Constituent Update and pick the one dated 03/23/20. PDF file attached.

I have not seen or heard anything from the FDA side.

Keith

The way I read your posting is that you will be shipping your product to be re-packed and you will be sending the labels to the re-packer to apply to the re-packed units.  

Sounds like a contract manufacturer to me - doesn't matter whether the product is coming back to you for distribution or they are distributing it.

Interesting question. Can't comment on the regulatory side, but BRC has some specific requirements on control of labelling and you'll therefore want to look at if/how you can ensure you're meeting the requirements of e.g. clause 6.2.3.: Procedures shall be in place to ensure that all products are packed into the correct packaging and correctly labelled.

The question that I suspect an auditor would ask, is: If you know the product is destined for retail, how do you know that it is actually being labelled correctly?

Equally one might be able to construct a counter-argument based on BRC's own definition of Primary Packaging to an extent - since this is "the packaging that constitutes the unit of sale to the consumer or customer", and the label isn't part of that if it isn't applied, is it outside the scope of the points in section 6.2? Not perfect though, as it's included in the outer pack so one could also argue it the other way...

 

To me it certainly doesn't look clear-cut as a scenario. Is there a reason you're not applying the retail labels yourself, if you know that's where the product is destined?

 

The products are value added seafood items already packed as food-service.  Due to demand, retail customers want the products and are requesting to buy, repack and label themselves.  The customers will buy product and sell themselves, no redistribute to another customer.

 

The products are value added seafood items already packed as food-service.  Due to demand, retail customers want the products and are requesting to buy, repack and label themselves.  The customers will buy product and sell themselves, no redistribute to another customer.

 

The products are value added seafood items already packed as food-service.  Due to demand, retail customers want the products and are requesting to buy, repack and label themselves.  The customers will buy product and sell themselves, no redistribute to another customer.

 

Game over at seafood. Not worth the risk. 

 

That was my thought as well.  Thanks.

 

I agreee with FoodSafetyPlanet - bucoo risk for your company.