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3.4.3 Net Quantity
Net quantity is the requirement for an accurate statement of the net amount of the contents of food in a package. The net quantity statement helps customers in two ways: it allows them to know how much food is in a container, and it aids in price comparison. “Net” refers to the quantity of edible food in a package or container. Therefore, net content excludes any liquid or juice in which the food may be packed, unless the liquid is usually consumed as part of the food. Net also excludes the weight of the container or wrappers.
The Federal FD&C Act and the FPLA require that a food, in package form, bear a label with an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Regulations interpreting these statutory requirements require that the statement appear on the PDP in terms of the customary inch/pound system of measure.35
The statement must appear in lines generally parallel to the base of the package when displayed for sale. If the area of the PDP of the package is larger than five square inches, the statement must appear within the lower 30 percent of the label panel. Also, with certain limited exceptions, the statement must appear in conspicuous and easily legible boldface print or type in distinct contrast to other matter on the package. Further, the statement must meet the minimum type size set in 21 C.F.R. § 101.105.
Metric
The FPLA was amended by Public Law 102‐329 to require that labels printed on or after February 14, 1994, bear a statement of the quantity of the contents in terms of the SI metric system as well as in terms of the customary inch/pound system of measure. Because the FPLA pertains only to consumer commodities, metric statements of quantity are not required where products are not marketed to consumers.
The FPLA requires both metric and inch/pound units in the net contents statement on packages regulated by the act (with a few exceptions).36 The most important exceptions apply mostly to retail establishments, specifically:
Random weight packages (i.e., packages of varying weights), where each package’s label is different, need not include a metric weight.37
Items packaged at a retail store need not include metric measurements.38
The FDA proposed metric labeling regulations in 1993, but the proposal has never been finalized.39 Therefore, the metric labeling requirements of the FPLA were never incorporated into FDA’s regulations. The result is that, although foods are required to include a metric statement of contents, there are no details on how to format or place the metric measurement. Firms looking for guidance may wish to review the details of the proposed metric regulations.40
Moisture Loss
Although the section 403 net weight labeling requirement of the FD&C Act dates back to the 1906 Act,41 two difficult practical problems made implementation difficult. Packages can lose weight from the loss of moisture when dry products packed in a humid climate are stored in a dry climate. Additionally, wet foods, such as meats, may lose liquid during storage and transportation. Arriving at reasonable allowable variations has been difficult. Both FDA and USDA have largely adopted the approach recommended by the National Conference on Weights and Measures (NCWM) and the National Institute of Standards and Technology (NIST, previously the National Bureau of Standards).42
NOTE
1 3.9 Importance of standard weights and measures. U.S. standard weights and measure can trace their origin to thirteenth century England when King Edward initiated standards. “There is to be a single measure for wine throughout our realm, and a single measure for ale, and a single measure for Corn, that is to say the London quarter, and a single breadth for dyed cloth, russets, and haberjects, that is to say two yards within the lists. And it shall be the same for weights as for measures.” MAGNA CARTA art. 25, http://www.archives.gov/exhibits/featured_documents/magna_carta/translation.html (last visited Feb. 10, 2016).
3.4.4 Ingredient Declaration
Ingredient declaration is required on all foods that have more than one ingredient. The ingredient statement allows consumers to identify foods that have ingredients to which they are allergic or have ingredients they want to avoid for other reasons. The listing also helps consumers select foods with ingredients they prefer.
The ingredients in a food must be listed by their common or usual names in decreasing order of their predominance by weight. The ingredient listing must include all the ingredients of any multi‐ingredient food used in the food’s recipe.43 However, foods with two or more discrete components, such as cherry pie—which has filling and pie crust—may alternatively have a separate ingredient list for each of the components; e.g., “Ingredients: Pie crust (flour, soybean oil, salt), filling (cherries, sugar, corn starch). The ingredients must be listed in descending order of predominance by weight in each component list, and the components must also be listed in descending order by weight. However, for ingredients that are present at two percent or less by weight, they may be declared alternatively in a grouping at the end of the ingredient statement following an appropriate quantifying statement (e.g., “Contains less than 2% or less of ____________”).44
Specialized Ingredient Labeling Requirements
Percent Ingredient Labeling
When a certain ingredient is a characterizing one in a food and the proportion of that ingredient has a material bearing on the price (e.g., the shrimp in shrimp cocktail) the percent of that ingredient is required as part of the common or usual name of the food.45 Percent ingredient labeling is also required in the name of the food when it has a bearing on consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that such component is present in an amount greater than is actually the case.46 For example, “Shrimp Cocktail (contains 45% shrimp)”.
On a related note, beverages purporting to contain juice must list the percentage of juice on the information panel. “Purport to contain juice” includes any representation in the product’s advertising, label, or labeling—directly or indirectly—to any fruit or vegetable juice, or the product contains color and flavor that gives the beverage the appearance and taste of containing a fruit or vegetable juice.47
Voluntary declaration of percentage ingredient information is permitted in the ingredient
