[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: 9CFR317.356]



[Page 217-219]

 

                  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. 317.356  Nutrient content claims for ``light'' or ``lite.''



    (a) General requirements. A claim using the terms ``light'' or 

``lite'' to describe a product 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) ``Light'' claims. The terms ``light'' or ``lite'' 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), without further qualification, provided that:

    (1) If the product derives 50 percent or more of its calories from 

fat, its fat content is reduced by 50 percent or more per reference 

amount customarily consumed compared to an appropriate reference product 

as described in Sec. 317.313(j)(1); or

    (2) If the product derives less than 50 percent of its calories from 

fat:

    (i) The number of calories is reduced by at least one-third (33\1/3\ 

percent) per reference amount customarily consumed compared to an 

appropriate reference product as described in Sec. 317.313(j)(1); or

    (ii) Its fat content is reduced by 50 percent or more per reference 

amount customarily consumed compared to the appropriate reference 

product as described in Sec. 317.313(j)(1); and

    (3) As required in Sec. 317.313(j)(2) for relative claims:

    (i) The identity of the reference product and the percent (or 

fraction) that the calories and the fat were reduced are declared in 

immediate proximity to the most prominent such claim (e.g., ``\1/3\ 

fewer calories and 50 percent less fat than the market leader''); and

    (ii) Quantitative information comparing the level of calories and 

fat content 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., ``lite `this 

product'--200 calories, 4 grams (g) fat; regular `reference product'--

300 calories, 8 g fat per serving''); and

    (iii) If the labeled product contains less than 40 calories or less 

than 3 g fat per reference amount customarily consumed, the percentage 

reduction for that nutrient need not be declared.

    (4) A ``light'' claim may not be made on a product for which the 

reference product meets the definition of ``low fat'' and ``low 

calorie.''

    (c)(1)(i) A product for which the reference product contains 40 

calories or less and 3 g fat or less per reference amount customarily 

consumed may use the terms ``light'' or ``lite'' without further 

qualification if it is reduced by 50 percent or more in sodium content 

compared to the reference product; 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 sodium was reduced are declared in immediate 

proximity to the most prominent such claim (e.g., ``50 percent less 

sodium than the market leader''); and

    (B) Quantitative information comparing the level of sodium per 

labeled serving size with that of the reference product it replaces is 

declared adjacent to the most prominent claim or to the nutrition 

information (e.g., ``lite `this product'--500 milligrams (mg) sodium per 

serving; regular `reference product'--1,000 mg sodium per serving'').

    (2)(i) A product for which the reference product contains more than 

40 calories or more than 3 g fat per reference amount customarily 

consumed may use the terms ``light in sodium'' or ``lite in sodium'' if 

it is reduced by 50 percent or more in sodium content compared to the 

reference product, provided that ``light'' or ``lite'' is presented in 

immediate proximity with ``in sodium'' and the entire term is presented 

in uniform type size, style, color, and prominence; and



[[Page 218]]



    (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 sodium was reduced are declared in immediate 

proximity to the most prominent such claim (e.g., ``50 percent less 

sodium than the market leader''); and

    (B) Quantitative information comparing the level of sodium per 

labeled serving size with that of the reference product it replaces is 

declared adjacent to the most prominent claim or to the nutrition 

information (e.g., or ``lite `this product'--170 mg sodium per serving; 

regular `reference product'--350 mg per serving'').

    (3) Except for meal-type products as defined in Sec. 317.313(l) and 

main-dish products as defined in Sec. 317.313(m), a ``light in sodium'' 

claim may not be made on a product for which the reference product meets 

the definition of ``low in sodium.''

    (d)(1) The terms ``light'' or ``lite'' 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 meets the definition of:

    (A) ``Low in calories'' as defined in Sec. 317.360(b)(3); or

    (B) ``Low in fat'' as defined in Sec. 317.362(b)(3); and

    (ii)(A) A statement appears on the principal display panel that 

explains whether ``light'' is used to mean ``low fat,'' ``low 

calories,'' or both (e.g., ``Light Delight, a low fat meal''); and

    (B) The accompanying statement is no less than one-half the type 

size of the ``light'' or ``lite'' claim.

    (2)(i) The terms ``light in sodium'' or ``lite in sodium'' 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 the product meets the definition of ``low in sodium'' as 

defined in Sec. 317.361(b)(5)(i); and

    (ii) ``Light'' or ``lite'' and ``in sodium'' are presented in 

uniform type size, style, color, and prominence.

    (3) The term ``light'' or ``lite'' may be used in the brand name of 

a product to describe the sodium content, provided that:

    (i) The product is reduced by 50 percent or more in sodium content 

compared to the reference product;

    (ii) A statement specifically stating that the product is ``light in 

sodium'' or ``lite in sodium'' appears:

    (A) Contiguous to the brand name; and

    (B) In uniform type size, style, color, and prominence as the 

product name; and

    (iii) 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 sodium was reduced are declared in immediate 

proximity to the most prominent such claim; and

    (B) Quantitative information comparing the level of sodium per 

labeled serving size with that of the reference product it replaces is 

declared adjacent to the most prominent claim or to the nutrition 

information.

    (e) Except as provided in paragraphs (b) through (d) of this 

section, the terms ``light'' or ``lite'' may not be used to refer to a 

product that is not reduced in fat by 50 percent, or, if applicable, in 

calories by \1/3\ or, when properly qualified, in sodium by 50 percent 

unless:

    (1) It describes some physical or organoleptic attribute of the 

product such as texture or color and the information (e.g., ``light in 

color'' or ``light in texture'') so stated, clearly conveys the nature 

of the product; and

    (2) The attribute (e.g., ``color'' or ``texture'') is in the same 

style, color, and at least one-half the type size as the word ``light'' 

and in immediate proximity thereto.

    (f) If a manufacturer can demonstrate that the word ``light'' has 

been associated, through common use, with a particular product to 

reflect a physical or organoleptic attribute to the point where it has 

become part of the statement of identity, such use of the term ``light'' 

shall not be considered a nutrient content claim subject to the 

requirements in this part.

    (g) The term ``lightly salted'' may be used on a product to which 

has been added 50 percent less sodium than is



[[Page 219]]



normally added to the reference product as described in Sec. 

317.313(j)(1)(i)(B) and (j)(1)(ii)(B), provided that if the product is 

not ``low in sodium'' as defined in Sec. 317.361(b)(4), the statement 

``not a low sodium food,'' shall appear adjacent to the nutrition 

information and the information required to accompany a relative claim 

shall appear on the label or labeling as specified in Sec. 

317.313(j)(2).



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