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United States • Title 21 CFR • Part 502

Part 502PART 502—COMMON OR USUAL NAMES FOR NONSTANDARDIZED ANIMAL FOODS

Part 502 outlines the general principles for common or usual names of non-standardized animal foods, emphasizing accurate identification, clear descriptions of basic nature, characterizing properties, or ingredients. It mandates the inclusion of percentages for characterizing ingredients when they materially affect price or consumer acceptance, or could mislead consumers. Specific formatting requirements for these declarations are provided. The part also addresses the declaration of the presence or absence of characterizing ingredients and the need for users to add ingredients, with similar emphasis on clarity and avoiding consumer deception. Petitions for establishing, amending, or revoking common or usual name regulations can be submitted to the Commissioner.

What this part covers

  • Common or usual names must accurately identify the basic nature, properties, or ingredients of non-standardized animal foods.
  • Names should be simple, direct, uniform, and not confusingly similar to other food names.
  • Percentages of characterizing ingredients must be declared if they impact price, consumer acceptance, or could create an erroneous impression.
  • Declarations of percentages must follow specific formatting, including type size and placement.
  • Statements on the presence/absence of characterizing ingredients or the need for user addition are required if they materially affect price, acceptance, or could mislead.
  • Petitions can be submitted to the Commissioner to establish, amend, or revoke common or usual name regulations.
  • Alternative labeling requirements may be established by regulation for small principal display panels.

Sections in Part 502

§ 502.19

Petitions.

(a) The Commissioner of Food and Drugs, either on his own initiative or on behalf of any interested person who has submitted a petition, may publish a proposal to issue, amend, or revoke, under this part, a regulation prescribing a common or usual name for a food, pursuant to part 10 of this chapter. (b) If the principal display panel of a food for which a common or usual name regulation is established is too small to accommodate all mandatory requirements, the Commissioner may establish by regulation an acceptable alternative, e.g., a smaller type size. A petition requesting such a regulation, which would amend the applicable regulation, shall be submitted pursuant to part 10 of this chapter. [42 FR 4716, Jan. 25, 1977; 42 FR 10980, Feb. 25, 1977. Redesignated at 42 FR 14091, Mar. 15, 1977, and amended at 42 FR 15675, Mar. 22, 1977; 42 FR 24254, May 13, 1977]

§ 502.5

General principles.

(a) The common or usual name of a food, which may be a coined term, shall accurately identify or describe, in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients. The name shall be uniform among all identical or similar products and may not be confusingly similar to the name of any other food that is not reasonably encompassed within the same name. Each class or subclass of food shall be given its own common or usual name that states, in clear terms, what it is in a way that distinguishes it from different foods. (b) The common or usual name of a food shall include the percentage(s) of any characterizing ingredient(s) or component(s) when the proportion of such ingredient(s) or component(s) in the food has a material bearing on price or consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that such ingredient(s) or component(s) is present in an amount greater than is actually the case. The following requirements shall apply unless modified by a specific regulation in this part. (1) The percentage of a characterizing ingredient or component shall be…

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