[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR317.354]

[Page 215-217]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents
 
                      Subpart B_Nutrition Labeling
 
Sec. 317.354  Nutrient content claims for ``good source,'' ``high,'' 
and ``more.''

    (a) General requirements. Except as provided in paragraph (e) of 
this section, a claim about the level of a nutrient in a product in 
relation to the Reference Daily Intake (RDI) or Daily Reference Value 
(DRV) established for that nutrient (excluding total carbohydrate) in 
Sec. 317.309(c), may only be made on the label or in labeling of the 
product if:
    (1) The claim uses one of the terms defined in this section in 
accordance with the definition for that term;
    (2) The claim is made in accordance with the general requirements 
for nutrient content claims in Sec. 317.313; and
    (3) The product for which the claim is made is labeled in accordance 
with Sec. 317.309.
    (b) ``High'' claims. (1) The terms ``high,'' ``rich in,'' or 
``excellent source of'' may be used on the label or in labeling of 
products, except meal-type products as defined in Sec. 317.313(l), and 
main-dish products as defined in Sec. 317.313(m) provided that the 
product contains 20 percent or more of the RDI or the DRV per reference 
amount customarily consumed.
    (2) The terms defined in paragraph (b)(1) of this section may be 
used on the label or in labeling of a meal-type product as defined in 
Sec. 317.313(l), and main-dish product as defined in Sec. 317.313(m) 
provided that:
    (i) The product contains a food that meets the definition of 
``high'' in paragraph (b)(1) of this section; and
    (ii) The label or labeling clearly identifies the food that is the 
subject of the

[[Page 216]]

claim (e.g., ``the serving of broccoli in this meal is high in vitamin 
C'').
    (c) ``Good Source'' claims. (1) The terms ``good source,'' 
``contains,'' or ``provides'' may be used on the label or in labeling of 
products, except meal-type products as described in Sec. 317.313(l), 
and main-dish products as defined in Sec. 317.313(m) provided that the 
product contains 10 to 19 percent of the RDI or the DRV per reference 
amount customarily consumed.
    (2) The terms defined in paragraph (c)(1) of this section may be 
used on the label or in labeling of a meal-type product as defined in 
Sec. 317.313(l), and main-dish product as defined in Sec. 317.313(m) 
provided that:
    (i) The product contains a food that meets the definition of ``good 
source'' in paragraph (c)(1) of this section; and
    (ii) The label or labeling clearly identifies the food that is the 
subject of the claim (e.g., ``the serving of sweet potatoes in this meal 
is a good source of fiber'').
    (d) Fiber claims. (1) If a nutrient content claim is made with 
respect to the level of dietary fiber, i.e., that the product is high in 
fiber, a good source of fiber, or that the product contains ``more'' 
fiber, and the product is not ``low'' in total fat as defined in Sec. 
317.362(b)(2) or, in the case of a meal-type product or a main-dish 
product, is not ``low'' in total fat as defined in Sec. 317.362(b)(3), 
then the labeling shall disclose the level of total fat per labeled 
serving size (e.g., ``contains 12 grams (g) of fat per serving''); and
    (2) The disclosure shall appear in immediate proximity to such claim 
and be in a type size no less than one-half the size of the claim.
    (e) ``More'' claims. (1) A relative claim using the terms ``more'' 
and ``added'' may be used on the label or in labeling to describe the 
level of protein, vitamins, minerals, dietary fiber, or potassium in a 
product, except meal-type products as defined in Sec. 317.313(l), and 
main-dish products as defined in Sec. 317.313(m) provided that:
    (i) The product contains at least 10 percent more of the RDI or the 
DRV for protein, vitamins, minerals, dietary fiber, or potassium 
(expressed as a percent of the Daily Value) per reference amount 
customarily consumed than an appropriate reference product as described 
in Sec. 317.313(j)(1); and
    (ii) As required in Sec. 317.313(j)(2) for relative claims:
    (A) The identity of the reference product and the percent (or 
fraction) that the nutrient is greater relative to the RDI or DRV are 
declared in immediate proximity to the most prominent such claim (e.g., 
``contains 10 percent more of the Daily Value for fiber than `reference 
product' ''); and
    (B) Quantitative information comparing the level of the nutrient in 
the product per labeled serving size with that of the reference product 
that it replaces is declared adjacent to the most prominent claim or to 
the nutrition information (e.g., ``fiber content of `reference product' 
is 1 g per serving; `this product' contains 4 g per serving'').
    (2) A relative claim using the terms ``more'' and ``added'' may be 
used on the label or in labeling to describe the level of protein, 
vitamins, minerals, dietary fiber, or potassium in meal-type products as 
defined in Sec. 317.313(l), and main-dish products as defined in Sec. 
317.313(m) provided that:
    (i) The product contains at least 10 percent more of the RDI or the 
DRV for protein, vitamins, minerals, dietary fiber, or potassium 
(expressed as a percent of the Daily Value) per 100 g of product than an 
appropriate reference product as described in Sec. 317.313(j)(1); and
    (ii) As required in Sec. 317.313(j)(2) for relative claims:
    (A) The identity of the reference product and the percent (or 
fraction) that the nutrient is greater relative to the RDI or DRV are 
declared in immediate proximity to the most prominent such claim (e.g., 
``contains 10 percent more of the Daily Value for fiber per 3 ounces 
(oz) than does `reference product' ''), and
    (B) Quantitative information comparing the level of the nutrient in 
the meal-type product or a main-dish product per specified weight with 
that of the reference product that it replaces is declared adjacent to 
the most prominent claim or to the nutrition information (e.g., ``fiber 
content of `reference

[[Page 217]]

product' is 2 g per 3 oz; `this product' contains 5 g per 3 oz'').

[60 FR 189, Jan. 3, 1995, as amended at 69 FR 58802, Oct. 1, 2004]