[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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



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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]