Contains Nonbinding Recommendations 
  
 
 
 
 
Use of the Terms Brown King Crab 
and Golden King Crab in the Labeling 
of Human Food Products: Guidance for 
Industry 
 
 
 
 
 
Additional copies are available from: 
Office of Food Safety, HFS-300 
Center for Food Safety and Applied Nutrition 
Food and Drug Administration 
5001 Campus Drive 
College Park, MD  20740 
(Tel) 240-402 -1700 
http://www.fda.gov/FoodGuidances 
 
 
 
 
 
 
 
 
 
 
 
 
 
U.S. Department of Health and Human Services 
Food and Drug Administration 
Center for Food Safety and Applied Nutrition 
 
November 2017  Contains Nonbinding Recommendations 
 
Table of Contents  
 
 
I.     Introduction  
 
II.  Background  
 
III.  Discussion  
 
 
  2  Contains Nonbinding Recommendations 
Use of the Terms Brown King Crab 
and Golden King Crab in the Labeling 
of Human Food Products: Guidance for 
1
Industry  
 
  
 
 
This guidance represents the current thinking of the Food and Drug Administration's (FDA or 
we) on this topic.  It does not establish any rights for any person and is not binding on FDA or 
the public.  You can use an alternative approach if it satisfies the requirements of the applicable 
statutes and regulations.  To discuss an alternative approach, contact the FDA staff responsible 
for this guidance as listed on the title page.  
 
 
I.  Introduction  
 
The purpose of this guidance is to advise manufacturers who have labeled crabmeat 
products derived from the species known as Lithodes aequispina as Brown King crabmeat, 
consistent with our regulations at 21 CFR 102.50, of our intent to exercise enforcement 
discretion with regard to the name of the crabmeat.  Specifically, because a recently enacted 
Federal law establishes golden king crab as the market name for Lithodes aequispina, we 
intend to exercise enforcement discretion by not taking action against products derived from 
Lithodes aequispina where the label for such products bears the Brown King crabmeat name 
until January 1, 2020, the next Uniform Compliance Date applicable to food labeling regulations 
issued in calendar years 2017 and 2018 (see 81 FR 85156 (November 25, 2016)).  We are taking 
this action to allow companies flexibility in implementing this labeling change.  
 
FDA's guidance documents, including this guidance, do not establish legally enforceable 
responsibilities.  Instead, guidances describe our current thinking on a topic and should be 
viewed only as recommendations, unless specific regulatory or statutory requirements are cited.  
The use of the word should in FDA guidances means that something is suggested or 
recommended, but not required.  
 
II.  Background 
 
Under section 403(i)(1) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) 
(21 U.S.C. 343(i)(1)), a food2 is deemed misbranded unless its label bears the common or usual 
                                                 
1 This guidance has been prepared by the Office of Food Safety, in the Center for Food Safety and Applied Nutrition 
at the U.S. Food and Drug Administration.    
2 Section 201(f) of the FD&C Act (21 U.S.C. 321(f)) defines the term food to mean articles used for food or drink 
for man or other animals, chewing gum, and articles used for components of any such article.   
  3  Contains Nonbinding Recommendations 
name of the food, if any there be.  FDA assists industry to determine the appropriate name for 
seafood by providing Guidance for Industry: The Seafood List - FDA's Guide to Acceptable 
Market Names for Seafood Sold in Interstate Commerce.  The Seafood List is intended to 
provide guidance to industry about what FDA considers to be acceptable market names for 
seafood sold in interstate commerce and to assist manufacturers in labeling seafood products.  In 
addition, our regulations, at 21 CFR 102.50, which predate the Seafood List, more specifically 
establish the common or usual name of crabmeat derived from several species of crabs.  Those 
regulations indicate that the common or usual name for the species of crab known as Lithodes 
aequispina is Brown King crabmeat.    
 
In 2017, the Consolidated Appropriations Act, 2017 (Public Law 115-31) became law.  
Section 774 of the Consolidated Appropriations Act, 2017, states that, Notwithstanding any 
other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.), the acceptable market name of Lithodes aequispinus is golden king crab.  
In response to this legislation, FDA has modified our Seafood List (found on the Web at 
https://www.accessdata.fda.gov/scripts/fdcc/?set=seafoodlist).  We intend to revise  102.50 
accordingly. 
 
III.  Discussion   
 
  Under section 774 of the Consolidated Appropriations Act, 2017, the acceptable market 
name of Lithodes aequispinus is now golden king crab.  Further, because golden king crab is 
now the only name allowed by Federal law, the common or usual name of Lithodes aequispinus 
is also golden king crab, notwithstanding  102.50, which has been superseded by section 774 
of the Consolidated Appropriations Act, 2017.  However, we recognize that some manufacturers 
of products containing Lithodes aequispinus meat may still have labeled food products or unused 
label inventory that refer to Brown King crabmeat, and that these manufacturers may be 
concerned that FDA would consider such products to be misbranded or that labels referring to 
Brown King crabmeat must be corrected before they could be used. Through this guidance, we 
are announcing that we do not intend to take enforcement action against products containing 
Lithodes aequispina meat whose labels or labeling refers to Brown King crabmeat until 
January 1, 2020, the next Uniform Compliance Date applicable to food labeling regulations 
issued in calendar years 2017 and 2018.  See 81 FR 85156 (November 25, 2016).  
 
  In addition, FDA is also clarifying that because the acceptable market name of Lithodes 
aequispinus is now golden king crab, manufacturers of food products may use the term 
golden king crab for products that contain Lithodes aequispinus, despite  102.50.   
 
   
 
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