Nutrition Labeling Exemption for Small Businesses

WASHINGTONThe Food and Drug Administration (FDA) launched a new Web-based submission process for small businesses to file an annual notice of exemption from nutrition labeling requirements. The new process will make it easier for businesses to update their information, and firms eligible for the exemption will receive an electronic reminder when it is time to resubmit their nutrition labeling small business exemption notice.

All packaged foods and dietary supplements are required, under the Federal Food, Drug and Cosmetic Act, to bear nutrition labeling unless they qualify for an exemption. The exemption applies if the party claiming the exemption employs less than an average of 100 full-time equivalent employees and fewer than 100,000 units of that product are sold in the United States in a 12-month period; however, low volume products that bear nutrition claims do not qualify for an exemption of this type. To exercise the exemption, qualified parties need only to file a notice annually with FDA (www.fda.gov).

The other exemption applies to retailers with annual gross sales of not more than $500,000, or with annual gross sales of foods or dietary supplements to consumers of not more than $50,000. For these exemptions, a notice does not need to be filed with FDA.

For more information on the exemption, visit www.cfsan.fda.gov/~dms/sbnle.html.