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United States • Title 21 CFR • Part 105

Part 105PART 105—FOODS FOR SPECIAL DIETARY USE

Part 105 of Title 21 CFR outlines regulations for Foods for Special Dietary Use, defining terms and establishing labeling requirements for specific categories like hypoallergenic foods, infant foods, and foods for weight management. It ensures that claims made about these foods are truthful and not misleading, requiring specific disclosures regarding ingredients, nutritional properties, and the basis for special dietary claims.

What this part covers

  • Defines 'special dietary uses' for foods, including those for specific physiological conditions, age-related needs, or dietary supplementation.
  • Specifies labeling requirements for hypoallergenic foods, including ingredient disclosure and source identification.
  • Mandates ingredient and source identification on labels for infant foods.
  • Establishes requirements for foods claiming usefulness in weight reduction or maintenance, including nutrition labeling and statements about nonnutritive ingredients.
  • References specific criteria for 'low calorie,' 'reduced calorie,' 'sugar free,' and 'no added sugar' claims found in other parts of Title 21 CFR.

Sections in Part 105

§ 105.3

Definitions and interpretations.

The definitions and interpretations of terms contained in section 201 of the Federal Food, Drug, and Cosmetic Act (hereafter “the act”) shall be applicable with the following additions: special dietary uses,(a)(1) The term as applied to food for man, means particular (as distinguished from general) uses of food, as follows: (i) Uses for supplying particular dietary needs which exist by reason of a physical, physiological, pathological or other condition, including but not limited to the conditions of diseases, convalescence, pregnancy, lactation, allergic hypersensitivity to food, underweight, and overweight; (ii) Uses for supplying particular dietary needs which exist by reason of age, including but not limited to the ages of infancy and childhood; (iii) Uses for supplementing or fortifying the ordinary or usual diet with any vitamin, mineral, or other dietary property. Any such particular use of a food is a special dietary use, regardless of whether such food also purports to be or is represented for general use. (2) The use of an artificial sweetener in a food, except when specifically and solely used for achieving a physical characteristic in the food which cannot be…

§ 105.62

Hypoallergenic foods.

If a food purports to be or is represented for special dietary use by reason of the decrease or absence of any allergenic property or by reason of being offered as food suitable as a substitute for another food having an allergenic property, the label shall bear: (a) The common or usual name and the quantity or proportion of each ingredient (including spices, flavoring, and coloring) in case the food is fabricated from two or more ingredients. (b) A qualification of the name of the food, or the name of each ingredient thereof in case the food is fabricated from two or more ingredients, to reveal clearly the specific plant or animal that is the source of such food or of such ingredient, if such food or such ingredient consists in whole or in part of plant or animal matter and such name does not reveal clearly the specific plant or animal that is such a source. (c) An informative statement of the nature and effect of any treatment or processing of the food or any ingredient thereof, if the changed allergenic property results from such treatment or processing.

§ 105.65

Infant foods.

(a) If a food (other than a dietary supplement of vitamins and/or minerals alone) purports to be or is represented for special dietary use for infants, the label shall bear, if such food is fabricated from two or more ingredients, the common or usual name of each ingredient, including spices, flavoring, and coloring. (b) If such food, or any ingredient thereof, consists in whole or in part of plant or animal matter and the name of such food or ingredient does not clearly reveal the specific plant or animal which is its source, such name shall be so qualified as to reveal clearly the specific plant or animal that is such source. [42 FR 14328, Mar. 15, 1977, as amended at 47 FR 947, Jan. 8, 1982; 49 FR 10090, Mar. 19, 1984; 50 FR 1840, Jan. 14, 1985]

§ 105.66

Label statements relating to usefulness in reducing or maintaining body weight.

General requirements.(a) Any food that purports to be or is represented for special dietary use because of usefulness in reducing or maintaining body weight shall bear: (1) Nutrition labeling in conformity with § 101.9, or, where applicable, § 101.36 of this chapter, unless exempt under that section; and (2) A conspicuous statement of the basis upon which the food claims to be of special dietary usefulness. Nonnutritive ingredients.(b) (1) Any food subject to paragraph (a) of this section that achieves its special dietary usefulness by use of a nonnutritive ingredient (i.e., one not utilized in normal metabolism) shall bear on its label a statement that it contains a nonnutritive ingredient and the percentage by weight of the nonnutritive ingredient. (2) A special dietary food may contain a nonnutritive sweetener or other ingredient only if the ingredient is safe for use in the food under the applicable law and regulations of this chapter. Any food that achieves its special dietary usefulness in reducing or maintaining body weight through the use of a nonnutritive sweetener shall bear on its label the statement required by paragraph (b)(1) of this section, but need not state…

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