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United States • Title 21 CFR • Part 104

Part 104PART 104—NUTRITIONAL QUALITY GUIDELINES FOR FOODS

Part 104 outlines nutritional quality guidelines for foods, establishing principles for the rational addition of nutrients to address dietary insufficiencies, restore lost nutrients, or balance caloric content. It specifies labeling requirements for compliant products and mandates statements for non-compliant products with inappropriate nutrient additions. Specific guidelines are provided for frozen 'heat and serve' dinners.

What this part covers

  • Nutritional quality guidelines set minimum nutrient levels for food classes.
  • Compliant products may use a specific U.S. Government statement on labeling.
  • Non-compliant products must not imply adherence to guidelines.
  • Nutrient addition is appropriate for correcting deficiencies, restoring lost nutrients, or balancing caloric content, provided certain conditions are met.
  • Specific requirements apply to frozen 'heat and serve' dinners regarding component composition and nutrient levels.
  • Labeling for nutrient additions must be truthful and not misleading.
  • Compliance with nutrient levels is determined by specific procedures outlined in § 101.9(g).

Sections in Part 104

§ 104.20

Statement of purpose.

(a) The fundamental objective of this subpart is to establish a uniform set of principles that will serve as a model for the rational addition of nutrients to foods. The achievement and maintenance of a desirable level of nutritional quality in the nation's food supply is an important public health objective. The addition of nutrients to specific foods can be an effective way of maintaining and improving the overall nutritional quality of the food supply. However, random fortification of foods could result in over- or underfortification in consumer diets and create nutrient imbalances in the food supply. It could also result in deceptive or misleading claims for certain foods. The Food and Drug Administration does not encourage indiscriminate addition of nutrients to foods, nor does it consider it appropriate to fortify fresh produce; meat, poultry, or fish products; sugars; or snack foods such as candies and carbonated beverages. To preserve a balance of nutrients in the diet, manufacturers who elect to fortify foods are urged to utilize these principles when adding nutrients to food. It is reasonable to anticipate that the Reference Daily Intakes (RDI's) as delineated in § 101.9…

§ 104.47

Frozen “heat and serve” dinner.

(a) A product, for which a common or usual name is established in § 102.26 of this chapter, in order to be eligible to bear the guideline statement set forth at § 104.5(b), shall contain at least the following three components: (1) One or more sources of protein derived from meat, poultry, fish, cheese, or eggs. (2) One or more vegetables or vegetable mixtures other than potatoes, rice, or cereal-based product. (3) Potatoes, rice, or cereal-based product (other than bread or rolls) or another vegetable or vegetable mixture. (b) The three or more components named in paragraph (a) of this section, including their sauces, gravies, breading, etc.: (1) Shall contribute not less than the minimum levels of nutrients prescribed in paragraph (d) of this section. (2) Shall be selected so that one or more of the listed protein sources of paragraph (a)(1) of this section, excluding their sauces, gravies, breading, etc., shall provide not less than 70 percent of the total protein supplied by the components named in paragraph (a) of this section. (c) If it is necessary to add any nutrient(s) in order to meet the minimum nutrient levels prescribed in paragraph (d) of this section, the…

§ 104.5

General principles.

(a) A nutritional quality guideline prescribes the minimum level or range of nutrient composition (nutritional quality) appropriate for a given class of food. (b) Labeling for a product which complies with all of the requirements of the nutritional quality guideline established for its class of food may state “This product provides nutrients in amounts appropriate for this class of food as determined by the U.S. Government,” except that the words “this product” are optional. This statement, if used, shall be printed on the principal display panel, and may also be printed on the information panel, in letters not larger than twice the size of the minimum type required for the declaration of net quantity of contents by § 101.7 of this chapter. Labeling of noncomplying products may not include any such statement or otherwise represent, suggest, or imply the product as being, in whole or in part, in compliance with a guideline. (c) A product bearing the statement provided for in paragraph (b) of this section, in addition to meeting the requirements of the applicable nutritional quality guideline, shall comply with the following requirements: (1) The label of the product shall bear…

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