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Can I use "Contains less than 2% of..." in my subingredient statement?

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SLopez

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Posted 03 April 2025 - 09:12 PM

Hi Everyone,

 

I wanted to know how this would apply when using a finished product as an ingredient when the finished product's ingredient statement has a "Contains less than 2% of" statement in it. For example, if I were using a ketchup with a list like Tomato, Vinegar, Sugar, Contains less than 2% of Salt, Spices, Preservative. as the base of a sauce, would I retain that statement in the final ingredient list?

 

For example, would it look like this:

 

Ketchup (Tomato, Vinegar, Sugar, Contains less than 2% of Salt, Spices, Preservative), Water, Brown Sugar, Vinegar...

 

The CFR I found regarding that statement only talks about it as a clause at the end of an ingredient statement. 21 CFR 101.4 (a)(2) The descending order of predominance requirements of paragraph (a)(1) of this section do not apply to ingredients present in amounts of 2 percent or less by weight when a listing of these ingredients is placed at the end of the ingredient statement following an appropriate quantifying statement, e.g., “Contains __ percent or less of ______” or “Less than __ percent of ______.” The blank percentage within the quantifying statement shall be filled in with a threshold level of 2 percent, or, if desired, 1.5 percent, 1.0 percent, or 0.5 percent, as appropriate. No ingredient to which the quantifying phrase applies may be present in an amount greater than the stated threshold.

 

Would I have to ask my supplier to verify the predominance and remove the statement? Could I keep the statement and change the order to Spices, Salt, Preservative? Are there any guidance documents or other CFRs relating to labeling of subingredients?

 

Any information and insight is appreciated.


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nwilson

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Posted 03 April 2025 - 10:41 PM

Yes you can use a contains 2% or less in an ingredient statement with the provisions mentioned and in an added muti-ingredient component (in this case ketchup).  Given that these ingredients are less than 2 percent there is no predominance order that is required and they can be interchanged as needed.  You also can remove the 2% or less and go with predominance, by weight/quantity if this information is known/available.  

https://www.govinfo....l2-sec101-4.xml


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