Food Labeling: Toward National Uniformity (1992)

Chapter: G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups

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Previous Chapter: F State and Local Laws, Regulations, and Other Materials Submitted to the Committee on State Food Labeling
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Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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G
Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups

Page 196 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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APPENDIX G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups

State

State Response

Consumer Response

Industry Response

Alabama

N.P.

N.D.I.

Dairy; honey; oysters

Alaska

N.P.

N.D.I.

Fish

Arizona

N.P.

Arizona Consumers Council stated that discrepancies exist between FDCA Sections 403(f), (h), (k) and Arizona law; and requested that FDA adopt Arizona statute (Section 36-906) related to labeling of vegetable fats.

Dairy

Arkansas

N.P.

N.D.I.

Dairy; produce; honey; fish

California

N.P.; however, different bottled water standards. [Personal communication with J. Scheneman, CDHS, who stated that misbranded olive oil is no longer a problem and that the statutory provision is not enforced.]

Bottled water, ice; olive oil; slack fill

Dairy; honey; olive oil

Colorado

N.P.

N.D.I.

Dairy; honey; labeling of bulk food ingredients [FDCA Section 403(k)]

Connecticut

Bottled water; sulfites; apple juice/cider; container fill

Daily; sulfites; honey

Dairy; honey

Delaware

N.P.

N.D.I.

Dairy; apples (qual./grade); imitation

Florida

Discrepancies between FDCA Sections 403(b), (d), (h), (i) and Florida requirements

Dairy; bottled water; pecans

Dairy; citrus (grade); honey

Georgia

Vidalia onion; also discrepancies between FDCA Sections 403(b), (f), (i)

N.D.I.

Dairy; honey (imitation); Vidalia onion
Page 197 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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State

State Response

Consumer Response

Industry Response

Hawaii

Dairy, bottled water, poi; pasta

N.D.I.

Produce (grades); cold-stored foods; bottled water

Idaho

Pending review by attorney general

N.D.I.

Dairy, fruit (grades)

Illinois

N.P.

N.D.I.

Dairy; agric. products (grades)

Indiana

N.P.

N.D.I.

Dairy; produce (grades)

Iowa

N.P.

N.D.I.

Dairy; honey; artificial sweeteners; vinegar; imitation labeling

Kansas

N.P.

N.D.I.

Dairy; produce (grades and qual. stds.); honey

Kentucky

N.P.

N.D.I.

Apples (grade); strawberries (grade)

Louisiana

No response

N.D.I.

Dairy; honey

Maine

Generally no problems except for labeling of cider, MSG added at retail level, and surimi

N.D.I.

Dairy; apples (grade); maple (SI); beverages (colors, flavors, preserv.); cider, surimi; MSG

Maryland

Oysters, free liquor; hen house identity labeling on egg cartons

N.D.I.

Dairy; crab; commodities (stds. of fill)

Massachusetts

No response

Dairy; baking powder; butter/lard; berries (volume); potatoes (grade); canned (prominence); vinegar

Dairy; maple (SI and ingredients); seafood; vinegar; canned food (grade)

Michigan

Diluted fruit beverage standards

N.D.I.

Dairy; apples (grade); buckwheat mixture; composition stds. for red peppers and nut-meg

Minnesota

N.P.

Dairy; label alternatives; wild rice; oysters (fill); smoked fish; fruit syrups jelly; baking powder; salad oil; oranges; prominence for quality and fill; bottled beverages; canned vegetables

Dairy; apples (grade, etc.); honey; wild rice; common name of bulk foods
Page 198 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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State

State Response

Consumer Response

Industry Response

Mississippi

No response

N.D.I.

Dairy; grits (FDCA std.); honey; syrup; catfish

Missouri

N.P.

N.D.I.

Dairy; apples (grade); grain mixtures

 

[Law states that regulations must conform as much as practicable to Federal requirements, and be no more stringent; see Missouri State Code, Section 196.050.]

 

 

Montana

N.P.

N.D.I.

Dairy; apples (grade); ''Montana farm products''; honey; mustard seed (bug infestations); bottled water

Nebraska

N.P.

N.D.I.

Deceptive packaging

Nevada

N.P.

N.D.I.

Dairy; deceptive packaging of nuts, fruits, and vegetables; potatoes and onions (grades); honey; standard sale units

New Hampshire

No response

N.D.I.

Dairy; apples (grade/qual.); potatoes (grade); "native"; honey; maple (SI, grade, imitation); cider vinegar

New Jersey

No response [NJ has a pending bill on downsizing-Bill 4880, 1991.]

N.D.I.

Dairy; storage of agric. commodities; potatoes (grade)

New Mexico

N.P.

N.D.I.

Dairy; produce; pinon nuts; pecans; honey
Page 199 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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State

State Response

Consumer Response

Industry Response

New York

No response

Mellorine; oleo-margarine; horseradish; honey; soaked goods

General authority and standards for milk and dairy products; oleo-margarine; imitation cheese; apples, grapes, lettuce, and potatoes (grades); bulk farm products; honey; kosher; maple products; horseradish; baked beans; macaroni (SI); olive oil; vinegar, re-frozen food

North Carolina

N.P.

N.D.I.

Milk (grade/contents); dairy stds. of purity

North Dakota

N.P.

N.D.I.

Non-Federal dairy stds.; imitation dairy labelling; potatoes (grade); organic; flour (weights and measures)

Ohio

No response

N.D.I.

Dairy and frozen dessert compositional stds.; produce (grades); canned fruit/vegetable labeling (grade/qual.); honey; maple; kosher; soaked canned goods; soft drink "dry" labeling; bottled water; vinegar; imitation flavored soft drinks; minimum weight for bread

Oklahoma

N.P.

N.D.I.

Composition stds. for milk; mello-drink; produce (grades); honey; organic; low-alcohol beverages; TVP products

Oregon

N.P.

Halibut definition; bacterial counts for frozen desserts; mellorine; imitation milk and dairy products

SI for milk and desserts; onions, potatoes, and nuts (grades); bulk agric. products; balloon loaf; flour product (SI); organic; nonalcoholic beverages stds.; halibut definition
Page 200 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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State

State Response

Consumer Response

Industry Response

Pennsylvania

N.P.

Formaline, etc., in foods; metallic copper; honey; nonalcoholic beverages; colored margarine; benzoic acid-containing products; color labeling; sulfur dioxide use in foods and labeling; lard labeling; oil mixtures labeling; beverage names; nondairy product labeling

Dairy stds.; oleomargarine; produce (grades); honey; chicory with coffee; fruit syrup; vinegar; lard; nonalcoholic beverages; food mixtures; size of type; dairy weights and measures

 

[Formaline, metallic copper, honey, and beveragecolor, etc., labeling provisions repealed in 1909.]

Rhode Island

N.P.

N.D.I.

Dairy stds.; frozen desserts; exposed surface of fruits; kosher; olive oil mix.; mackerel (grades); cider vinegar

South Carolina

N.P.

N.D.I.

Dairy labeling; frozen desserts; grade stds. for farm products; enriched flour product labeling; rice labeling

South Dakota

N.P.

N.D.I.

Dairy stds.; frozen dessert stds.; potato weight labeling; organic; common or usual names; preservative labeling; water; compound food labeling

Tennessee

N.P.

N.D.I.

Dairy stds.; produce with sulfites (in restaurants); std. weights for margarine

Texas

Generally no problems except for bottled water and alcohol (liquor) in candy

Crabmeat and added chemicals

Produce (grade); bulk agric. products; "self-rising flour"; bread std. sizes; honey; kosher; crabmeat definition; cereal/flour std. weight

Utah

Generally no problems except for bottled water with fruit juice [which should be labeled as a soft drink]; and FDCA Sections 403(f), 403(h), 403(k)

N.D.I.

Dairy stds.; renovated butter, flour/cereal definitions
Page 201 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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State

State Response

Consumer Response

Industry Response

Vermont

Generally no problems except for maple syrup SI

Maple syrup SI

Dairy definitions; frozen dessert definitions, qual., and fill; apples (grade); potatoes (grade); maple syrup; organic; irradiated food

Virginia

N.P.

N.D.I.

Dairy stds.; frozen dessert stds.; apples (grade); organic; "Virginia Quality Label"; std. measures for dairy

Washington

No problems in general except for buttered popcorn sold in theaters and fish names

Imitation dairy; halibut names; honey; slack filled products

Dairy; cheese; produce (grades); honey; kosher; organic; halibut; bacon; macaroni; weights and measures for dairy

West Virginia

No response

N.D.I.

Dairy; produce (grades); honey; vinegar; sulfites (restaurants); mixtures; weights and measures for many foods

Wisconsin

No response

N.D.I.

Butter, cheese; imitation dairy; wild rice; weights and measures for many foods

Wyoming

No response

N.D.I.

Dairy; potato (grade/qual, stds.); honey

NOTES:

N.P. = No problems or discrepancies reported.

N.D.I. = No discrepancies identified, or no response received or indicated for a given State.

CDHS = California Department of Health Services.

MSG = monosodium glutamate.

SI = standard of identity.

FDCA = Federal Food, Drug, and Cosmetic Act of 1938, as amended.

TVP = textured vegetable protein.
Page 202 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 195 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 196 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 197 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 197
Page 198 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 198
Page 199 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 199
Page 200 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 200
Page 201 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 201
Page 202 Cite Bookmark
Suggested Citation: "G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups." Institute of Medicine. 1992. Food Labeling: Toward National Uniformity. Washington, DC: The National Academies Press. doi: 10.17226/2001.
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Page 202
Next Chapter: H State Food Labeling Requirements and Relationship to the Misbranding Provisions of Section 403 of the Federal Food, Drug, and Cosmetic Act
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