Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1034 - Nutrition Label Content

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 nutrient and food component quantities shall be declared in relation to a
			 serving as defined in this rule.
(2)
(a) The
			 term "serving" or "serving size" means an amount of food customarily consumed
			 per eating occasion by persons 4 years of age or older, which is expressed in a
			 common household measure that is appropriate to the product. When the product
			 is specially formulated or processed for use by infants or by toddlers, a
			 serving or serving size means an amount of food customarily consumed per eating
			 occasion by infants up to 12 months of age or by children 1 through 3 years of
			 age, respectively.
(b) Except as
			 provided in subsections (2)(h), (2)(l), and (2)(n) of this rule and for
			 products that are intended for weight control and are available only through a
			 weight-control or weight-maintenance program, serving size declared on a
			 product label shall be determined from the "Reference Amounts Customarily
			 Consumed Per Eating Occasion-General Food Supply" (Reference Amount(s)) that
			 appear in 603-029-1036(a) using the procedures described in this section (2).
			 For products that are both intended for weight control and available only
			 through a weight-control program, a manufacturer may determine the serving size
			 that is consistent with the meal plan of the program. Such products must bear a
			 statement, "for sale only through the ___ program" (fill in the blank with the
			 name of the appropriate weight-control program, e.g., Smith's Weight Control),
			 on the principal display panel. However, the Reference Amounts in
			 603-029-1036(a) shall be used for purposes of evaluating whether weight-control
			 products that are available only through a weight-control program qualify for
			 nutrition claims.
(c) The
			 declaration of nutrient and food component content shall be on the basis of the
			 product "as packaged" for all products, except that single-ingredient, raw
			 products that are not ground or chopped meat products described in OAR
			 603-029-1028may be declared on the basis of the product "as consumed." For
			 single-ingredient, raw products that are not ground or chopped meat products
			 described in OAR 603-029-1028, if data are based on the product -as consumed,'
			 the data must be presented in accordance with 603-029-1042(4). In addition to
			 the required declaration on the basis of "as packaged" for products other than
			 single-ingredient, raw products that are not ground or chopped meat products
			 described in OAR 603-029-1028, the declaration may also be made on the basis of
			 "as consumed," provided that preparation and cooking instructions are clearly
			 stated.
(d) For products in
			 discrete units (e.g., hot dogs, and individually packaged products within a
			 multi-serving package), and for products which consist of two or more foods
			 packaged and presented to be consumed together where the ingredient represented
			 as the main ingredient is in discrete units (e.g., beef fritters and barbecue
			 sauce), the serving size shall be declared as follows:
(A) If a unit weighs 50 percent or less of
			 the Reference Amount, the serving size shall be the number of whole units that
			 most closely approximates the Reference Amount for the product
			 category.
(B) If a unit weighs more
			 than 50 percent but less than 67 percent of the Reference Amount, the
			 manufacturer may declare one unit or two units as the serving size.
(C) If a unit weighs 67 percent or more but
			 less than 200 percent of the Reference Amount, the serving size shall be one
			 unit.
(D) If a unit weighs 200
			 percent or more of the Reference Amount, the manufacturer may declare one unit
			 as the serving size if the whole unit can reasonably be consumed at a single
			 eating occasion.
(E) For products
			 that have Reference Amounts of 100 grams (or milliliter) or larger and are
			 individual units within a multi-serving package, if a unit contains more than
			 150 percent but less than 200 percent of the Reference Amount, the manufacturer
			 may decide whether to declare the individual unit as 1 or 2 servings.
(F) For products which consist of two or more
			 foods packaged and presented to be consumed together where the ingredient
			 represented as the main ingredient is in discrete units (e.g., beef fritters
			 and barbecue sauce), the serving size may be the number of discrete units
			 represented as the main ingredient plus proportioned minor ingredients used to
			 make the Reference Amount for the combined product as determined in OAR
			 603-029-1036(3).
(G) For packages
			 containing several individual single-serving containers, each of which is
			 labeled with all required information including nutrition labeling as specified
			 in this rule (i.e., are labeled appropriately for individual sale as
			 single-serving containers), the serving size shall be 1 unit.
(e) For products in large discrete
			 units that are usually divided for consumption (e.g., pizza), for unprepared
			 products where the entire contents of the package is used to prepare large
			 discrete units that are usually divided for consumption (e.g. pizza kit), and
			 for products which consist of two or more foods packaged and presented to be
			 consumed together where the ingredient represented as the main ingredient is a
			 large discrete unit usually divided for consumption, the serving size shall be
			 the fractional slice of the ready-to-eat product (e.g., 1/8 quiche, 1/4 pizza)
			 that most closely approximates the Reference Amount for the product category.
			 The serving size may be the fraction of the package used to make the Reference
			 Amount for the unprepared product determined in OAR 603-029-1036(4) or the
			 fraction of the large discrete unit represented as the main ingredient plus
			 proportioned minor ingredients used to make the Reference Amount of the
			 combined product determined in OAR 603-029-1036(3. In expressing the fractional
			 slice, manufacturers shall use 1/2, 1/3, 1/4, 1/5, 1/6, or smaller fractions
			 that can be generated by further division by 2 or 3.
(f) For non-discrete bulk products (e.g.,
			 whole roast beef, marinated beef tenderloin, large can of chili), and for
			 products which consist of two or more foods packaged and presented to be
			 consumed together where the ingredient represented as the main ingredient is a
			 bulk product (e.g., roast beef and gravy), the serving size shall be the amount
			 in household measure that most closely approximates the Reference Amount for
			 the product category and may be the amount of the bulk product represented as
			 the main ingredient plus proportioned minor ingredients used to make the
			 Reference Amount for the combined product determined in OAR
			 603-029-1036(3).
(g) For labeling
			 purposes, the term "common household measure" or "common household unit" means
			 cup, tablespoon, teaspoon, piece, slice, fraction (e.g., 1/4 pizza), ounce
			 (oz), or other common household equipment used to package food products (e.g.,
			 jar or tray). In expressing serving size in household measures, except as
			 specified in paragraphs (2)(g)(D), (E), and (F) of this rule, the following
			 rules shall be used:
(A) Cups, tablespoons, or
			 teaspoons shall be used wherever possible and appropriate. Cups shall be
			 expressed in 1-4 - or 1/3 -cup increments, tablespoons in whole number of
			 tablespoons for quantities less than 1/4 cup but greater than or equal to 2
			 tablespoons (tbsp), 1, 11/3, 11/2, or 1 2/3 tbsp for quantities less than 2
			 tbsp but greater than or equal to 1 tbsp, and teaspoons in whole number of
			 teaspoons for quantities less than 1 tbsp but greater than or equal to 1
			 teaspoon (tsp), and in 1/4 -tsp increments for quantities less than 1
			 tsp.
(B) If cups, tablespoons or
			 teaspoons are not applicable, units such as piece, slice, tray, jar, and
			 fraction shall be used.
(C) If
			 cups, tablespoons and teaspoons, or units such as piece, slice, tray, jar, or
			 fraction are not applicable, ounces may be used. Ounce measurements shall be
			 expressed in 0.5-ounce increments most closely approximating the Reference
			 Amount with rounding indicated by the use of the term "about" (e.g., about 2.5
			 ounces).
(D) A description of the
			 individual container or package shall be used for single-serving containers and
			 for individually packaged products within multi-serving containers (e.g., can,
			 box, package, meal, or dinner). A description of the individual unit shall be
			 used for other products in discrete units (e.g., chop, slice, link, or
			 patty).
(E) For unprepared products
			 where the entire contents of the package is used to prepare large discrete
			 units that are usually divided for consumption (e.g., pizza kit), the fraction
			 or portion of the package may be used.
(F) For products that consist of two or more
			 distinct ingredients or components packaged and presented to be consumed
			 together (e.g., ham with a glaze packet), the nutrition information may be
			 declared for each component or as a composite. The serving size may be provided
			 in accordance with the provisions of subsections (2)(d), (2)(e), and (2)(f) of
			 this rule.
(G) For nutrition
			 labeling purposes, a teaspoon means 5 milliliters (mL), a tablespoon means 15
			 mL, a cup means 240 mL, and 1 oz in weight means 28 grams (g).
(H) When a serving size, determined from the
			 Reference Amount in OAR 603-029-1036(2) and the procedures described in OAR
			 603-029-1000 to 603-029-1058, falls exactly half way between two serving sizes
			 (e.g., 2.5 tbsp), manufacturers shall round the serving size up to the next
			 incremental size.
(h) A
			 product that is packaged and sold individually and that contains less than 200
			 percent of the applicable Reference Amount shall be considered to be a
			 single-serving container, and the entire content of the product shall be
			 labeled as one serving, except for products that have Reference Amounts of 100
			 g (or mL) or larger, manufacturers may decide whether a package that contains
			 more than 150 percent but less than 200 percent of the Reference Amount is 1 or
			 2 servings. Packages sold individually that contain 200 percent or more of the
			 applicable Reference Amount may be labeled as a single-serving if the entire
			 content of the package can reasonably be consumed at a single-eating
			 occasion.
(i) A label statement
			 regarding a serving shall be the serving size expressed in common household
			 measures as set forth in subsections (2)(b) through (2)(h) of this rule and
			 shall be followed by the equivalent metric quantity in parenthesis (fluids in
			 milliliters and all other foods in grams), except for single-serving
			 containers.
(A) For a single-serving
			 container, the parenthetical metric quantity, which will be presented as part
			 of the net weight statement on the principal display panel, is not required
			 except where nutrition information is required on a drained weight basis
			 according to subsection (2)(k) of this rule. However, if a manufacturer
			 voluntarily provides the metric quantity on products that can be sold as
			 single-servings, then the numerical value provided as part of the serving size
			 declaration must be identical to the metric quantity declaration provided as
			 part of the net quantity of contents statement.
(B) The gram or milliliter quantity
			 equivalent to the household measure should be rounded to the nearest whole
			 number except for quantities that are less than 5 g (mL). The gram (mL)
			 quantity between 2 and 5 g (mL) should be rounded to the nearest 0.5 g (mL) and
			 the g (mL) quantity less than 2 g (mL) should be expressed in 0.1-g (mL)
			 increments.
(C) In addition,
			 serving size may be declared in ounce, in parenthesis, following the metric
			 measure separated by a slash where other common household measures are used as
			 the primary unit for serving size, e.g., 1 slice (28 g/1 oz) for sliced
			 bologna. The ounce quantity equivalent to the metric quantity should be
			 expressed in 0.1-oz increments.
(D)
			 If a manufacturer elects to use abbreviations for units, the following
			 abbreviations shall be used: tbsp for tablespoon, tsp for teaspoon, g for gram,
			 mL for milliliter, and oz for ounce.
(j) Determination of the number of servings
			 per container shall be based on the serving size of the product determined by
			 following the procedures described in this rule.
(A) The number of servings shall be rounded
			 to the nearest whole number except for the number of servings between 2 and 5
			 servings and random weight products. The number of servings between 2 and 5
			 servings shall be rounded to the nearest 0.5 serving. Rounding should be
			 indicated by the use of the term "about" (e.g., about 2 servings; about 3.5
			 servings).
(B) When the serving
			 size is required to be expressed on a drained solids basis and the number of
			 servings varies because of a natural variation in unit size (e.g., pickled pigs
			 feet), the manufacturer may state the typical number of servings per container
			 (e.g., usually 5 servings).
(C) For
			 random weight products, a manufacturer may declare "varied" for the number of
			 servings per container provided the nutrition information is based on the
			 Reference Amount expressed in ounces. The manufacturer may provide the typical
			 number of servings in parenthesis following the "varied" statement (e.g.,
			 varied (approximately 8 servings per pound)).
(D) For packages containing several
			 individual single-serving containers, each of which is labeled with all
			 required information including nutrition labeling as specified in this OAR
			 603-029-1000 to 603-029-1058 (i.e., are labeled appropriately for individual
			 sale as single-serving containers), the number of servings shall be the number
			 of individual packages within the total package.
(E) For packages containing several
			 individually packaged multi-serving units, the number of servings shall be
			 determined by multiplying the number of individual multi-serving units in the
			 total package by the number of servings in each individual unit. The
			 declaration of the number of servings per container need not be included in
			 nutrition labeling of single-ingredient, raw meat products that are not ground
			 or chopped meat products described in OAR 603-029-1028, including those that
			 have been previously frozen.
(j) The declaration of nutrient and food
			 component content shall be on the basis of product as packaged or purchased
			 with the exception of single-ingredient, raw products that are not ground or
			 chopped meat products described in OAR 603-029-1028 and products that are
			 packed or canned in water, brine, or oil but whose liquid packing medium is not
			 customarily consumed. Declaration of the nutrient and food component content of
			 products that are packed in liquid which is not customarily consumed shall be
			 based on the drained solids.
(k)
			 The serving size for meal-type products and main-dish products as defined in
			 OAR 603-029-1038 (12) and (13) in single-serving containers will be the entire
			 edible content of the package. Serving size for meal-type products and
			 main-dish products in multi-serve containers will be based on the reference
			 amount applicable to the product in OAR 603-029-1038(2) if the product is
			 listed in OAR 603-029-1038(2). Serving size for meal-type products and
			 main-dish products in multi-serve containers that are not listed in OAR
			 603-029-1038(2) will be based on the reference amount according to OAR
			 603-029-1038 (3), (4), and (5).
(l)
			 Another column of figures may be used to declare the nutrient and food
			 component information in the same format as required by OAR 603-029-1034(5),
(A) Per 100 grams, 100 milliliters, or 1
			 ounce of the product as packaged or purchased.
(B) Per one unit if the serving size of a
			 product in discrete units in a multi-serving container is more than one
			 unit.
(m) If a product
			 consists of assortments of meat or meat products (e.g., variety packs) in the
			 same package, nutrient content shall be expressed on the entire package
			 contents or on each individual product.
(n) If a product is commonly combined with
			 other ingredients or is cooked or otherwise prepared before eating, and
			 directions for such combination or preparations are provided, another column of
			 figures may be used to declare the nutrient contents on the basis of the
			 product as consumed for the product alone (e.g., a cream soup mix may be
			 labeled with one set of Daily Values for the dry mix (per serving), and another
			 set for the serving of the final soup when prepared (e.g., per serving of cream
			 soup mix and 1 cup of vitamin D fortified whole milk)): Provided, That the type
			 and quantity of the other ingredients to be added to the product by the user
			 and the specific method of cooking and other preparation shall be specified
			 prominently on the label.