Nutrition Facts 

The FDA sets requirements for nutrition facts panels, including:

  • The serving sizes for different types of foods;
  • Which nutrients are required, and how much (or little) of those nutrients should be consumed daily;
  • Where nutrients are listed in the panel;
  • Which parts of the panel are bolded, what size font must be used, and how different sections are separated.

These requirements were most recently updated in 2016. The FDA created a website to address these changes and the questions producers might have about some of the new requirements, including information on added sugars.

These requirements are very complex, and might be confusing. The FDA does not review panels or labels before they are printed – they expect that processors will make sure everything is correct. But the first step is to determine if you qualify for an exemption.


Business Exemptions


Be aware that even if the FDA considers you exempt, you might be required to have nutrition facts to sell through some grocery stores or online retailers. That is a decision within their control, and should be considered part of the cost of doing business with that company.

Retail Food Processing Businesses

If you are inspected under the Retail Food Program, use this chart to determine your exemption status.

Retail Food Exemption Chart

Note that these exemptions DO NOT apply if you make any type of health or nutrient-content claim. For example:

  • Low in fat
  • High fiber
  • Heart Healthy
  • Good source of Calcium


 

Manufactured Food Businesses – if you are inspected under the Manufactured Food Program, use this chart to determine your exemption status.

Manufacturing Exemption Table


Instructions for filing an exemption notice can be found on the FDA website. 

Note that these exemptions DO NOT apply if you make any type of health or nutrient-content claim. For example:

  • Low in fat
  • High fiber
  • Heart Healthy
  • Good source of Calcium

 

Creating Nutrition Facts Panels


Because of the complexity of the regulations, we don’t recommend trying to do this on your own! It is not always necessary to have a sample tested at a lab for nutrient content. Several software programs allow you to input ingredients and amounts (be sure to take accurate measurements!), then using nutrient content databases, the nutritional information for your product is calculated mathematically. This is a more economical way to get started, especially if you are selling primarily direct-to-consumer.

USU Extension cannot endorse any specific software program, but we have reviewed three options at different price points to provide some options. We recommend reviewing the company’s site, taking advantage of any free trial offers, and taking notes on what you like about the program and what you don’t. That information can be used to search and evaluate other programs to find the right one for your business – just make sure the program creates FDA compliant panels!

Recipal offers a subscription service allowing subscribers to use their database to make your own panels.  This is a good option for products that aren’t complex and don’t have a lot of water loss or oil absorption during cooking. For a fee, you can also work directly with a labeling expert to get questions answered and have your product labels reviewed.

SweetWARE NutraCoster offers a one-time purchase program that can be used for as  many products as needed.  This software can handle more complex recipes and processes. The most recent version of the software includes some costing, labor, and overhead functions. SweetWARE will also create panels for you on a per-product fee basis.

ESHA Genesis offers a very robust and user-friendly software package on a subscription basis, including options for non-US nutrition facts panels. This program is frequently cited as the gold standard in the food industry. But because this is a subscription program, not a one-time software purchase, it can be prohibitively expensive.  Genesis will also create panels for you on a per-product fee basis.

 

You should plan to have samples tested periodically to make sure your nutrition facts panels are accurate:

  • For nutrients where a minimum intake has been established (e.g. fiber, protein, vitamins, minerals except sodium), a composite sample must test at no less than 80% of the declared value (21 CFR 101.9(g)(4)).
  • For nutrients where a maximum intake has been recommended (e.g. calories, total fat, cholesterol, total sugar, sodium), a composite sample must test at no more than 120% of the declared value (21 CFR 101.9(g)(5)).
  • There is no real issue if minimum intake nutrients are higher than listed, or if maximum intake nutrients are lower than listed (21 CFR 101.9(g)(6))
  • 21 CFR 101.9(g)(1) and (2) describe what a composite sample is. This standard is hard to meet for many small processors, but you should make an effort to have your product tested annually, or when you change suppliers, even if you’re using a smaller number of packages to create your composite sample.