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Common or Usual Name of Ingredient or Food

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Pegasus

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Posted 08 November 2022 - 06:18 PM

Hello,

 

FDA regulations frequently cite "common or usual name" of foods in reference to labeling, but I cannot for the life of me figure out how to determine what is a "common or usual name" for anything. How are we supposed to determine this? Are there groups out there in the world doing statistical studies on this kind of thing? Or do we just have to do our best due diligence and cross our fingers?

 

This is a long standing question that I've had, but I also have a more specific question: Can poblano peppers be declared as "Green Chili Peppers"? They are considered chili peppers and are typically green, but as per above, I don't know how to determine whether this is acceptable. For reference, we are a small- to mid-size copacker, and the poblano peppers would be an ingredient in a retail frozen product.

 

Thanks,

Caleb

 

 



Scampi

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Posted 08 November 2022 - 06:26 PM


Please stop referring to me as Sir/sirs


Pegasus

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Posted 08 November 2022 - 06:38 PM

Thank you Scampi! I was hoping for a more wide-ranging source of foods and acceptable common names, if such a thing exists. I'm aware of the established standards of identity, but those only cover a very small number of specific products.



Pegasus

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Posted 08 November 2022 - 07:12 PM

Hello,

 

Just following up because I (sort of) answered a big piece of this: for most fruits and vegetables, there is not a standard of identity or definition as the FD&C act explicitly forbids that. (21 USC 341)

 

From what I'm gathering, for everything else that doesn't have a definition or standard, you have to do some market research and figure out if there's an established name for the food you're making, and otherwise it should be descriptive and accurate and follow the regulations for what a common or usual name should be.

 

Standards of Identity: How Do We Name Innovative Foods? — FDA Reader

eCFR :: 21 CFR Part 102 -- Common or Usual Name for Nonstandardized Foods

 

Compliance Policy Guides and other guidance documents may also help. If you're under FSIS jurisdiction, you know this is much easier.



Gelato Quality Specialist

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Posted 08 November 2022 - 10:58 PM

A big factor about the name being used is making sure that the name is not misleading or confusing to a consumer. I think "green chili pepper" would be too vague since there are so many different types.





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