[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR104.5]

[Page 177-178]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 104_NUTRITIONAL QUALITY GUIDELINES FOR FOODS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  104.5  General principles.




                      Subpart A_General Provisions

Sec.
104.5 General principles.

                     Subpart B_Fortification Policy

104.20 Statement of purpose.

            Subpart C_Specific Nutritional Quality Guidelines

104.47 Frozen ``heat and serve'' dinner.

    Authority: 21 U.S.C. 321, 343, 371(a).

    Source: 42 FR 14327, Mar. 15, 1977, unless otherwise noted.



    (a) A nutritional quality guideline prescribes the minimum level or 
range of nutrient composition (nutritional quality) appropriate for a 
given class of food.
    (b) Labeling for a product which complies with all of the 
requirements of

[[Page 178]]

the nutritional quality guideline established for its class of food may 
state ``This product provides nutrients in amounts appropriate for this 
class of food as determined by the U.S. Government,'' except that the 
words ``this product'' are optional. This statement, if used, shall be 
printed on the principal display panel, and may also be printed on the 
information panel, in letters not larger than twice the size of the 
minimum type required for the declaration of net quantity of contents by 
Sec.  101.105 of this chapter. Labeling of noncomplying products may not 
include any such statement or otherwise represent, suggest, or imply the 
product as being, in whole or in part, in compliance with a guideline.
    (c) A product bearing the statement provided for in paragraph (b) of 
this section, in addition to meeting the requirements of the applicable 
nutritional quality guideline, shall comply with the following 
requirements:
    (1) The label of the product shall bear the common or usual name of 
the food in accordance with the provisions of the guideline and 
Sec. Sec.  101.3 and 102.5(a) of this chapter.
    (2) The label of the product shall bear nutrition labeling in 
accordance with Sec. Sec.  101.2 and 101.9 of this chapter and all other 
labeling required by applicable sections of part 101 of this chapter.
    (d) No claim or statement may be made on the label or in labeling 
representing, suggesting, or implying any nutritional or other 
differences between a product to which nutrient addition has or has not 
been made in order to meet the guideline, except that a nutrient 
addition shall be declared in the ingredient statement.
    (e) Compliance with a nutrient level specified in a nutritional 
quality guideline shall be determined by the procedures and requirements 
established in Sec.  101.9(g) of this chapter.
    (f) A product within a class of food for which a nutritional quality 
guideline has been established and to which has been added a discrete 
nutrient either for which no minimum nutrient level or nutrient range or 
other allowance has been established as appropriate in the nutritional 
quality guideline, or at a level that exceeds any maximum established as 
appropriate in the guideline, shall be ineligible to bear the guideline 
statement provided for in paragraph (b) of this section, and such a 
product shall also be deemed to be misbranded under the act unless the 
label and all labeling bear the following prominent and conspicuous 
statement: ``The addition of ------ to (or ``The addition of ------ at 
the level contained in) this product has been determined by the U.S. 
Government to be unnecessary and inappropriate and does not increase the 
dietary value of the food,'' the blank to be filled in with the common 
or usual name of the nutrient(s) involved.

[42 FR 14327, Mar. 15, 1977, as amended at 63 FR 14818, Mar. 27, 1998]