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Under U.S. FDA regulations (Nutrition Labeling and Education Act – NLEA), nutrition facts labels are NOT required for the following foods:
- Foods Produced by Small Businesses:
- Manufacturers with annual food sales ≤ $500,000, OR
- Businesses that sell < 100,000 units of a specific food annually (and file proper notice with the FDA).
- Note: Even if exempt, labels must be truthful and not misleading. Voluntary labeling is allowed.
- Foods with Insignificant Nutritional Impact:
- Plain coffee beans/grounds, plain tea leaves (no added nutrients or ingredients).
- Certain spices, flavors, and colors.
- Foods containing minimal amounts of all required nutrients (e.g., plain instant coffee, plain tea).
- Foods Not Sold to Consumers (or Requiring Further Processing):
- Shipping containers (e.g., large crates) not intended for retail sale.
- Bulk foods not for direct sale to consumers (e.g., large sacks of flour sold to bakeries).
- Foods requiring substantial further processing by the consumer/institution before eating (e.g., raw meats/poultry regulated by USDA, raw seafood, bulk dried pasta/grains).
- Ready-to-Eat Foods Prepared & Sold Onsite:
- Restaurant foods (dine-in, takeout, delivery).
- Foodservice at institutions (e.g., hospital cafeterias, school cafeterias, airline meals).
- Food sold for immediate consumption without further processing (e.g., deli sandwiches, bakery items sold in the same bakery, food trucks, concession stands).
- Exception: Chain restaurants (≥ 20 locations) must provide calorie/nutrition info upon request or via menu labeling (menu boards, brochures).
- Medical Foods & Infant Formula:
- These have specific, separate labeling regulations under the Orphan Drug Act and Infant Formula Act.
- Dietary Supplements:
- Use a “Supplement Facts” panel instead of the standard “Nutrition Facts” panel.
- Fresh Fruits, Vegetables, and Fish:
- Raw fruits & vegetables (whole or cut, but unprocessed).
- Raw, single-ingredient seafood (fresh or frozen fish, fillets, shellfish).
- Note: Voluntary point-of-purchase nutrition info programs (e.g., posters, brochures in the produce section) are common. Processed versions (canned, dried, etc.) require labels.
- Custom-Ordered Foods:
- Foods made to a consumer’s specific order (e.g., custom-decorated cake ordered at a bakery).
- Donated Foods & Free Samples.
- Alcoholic Beverages:
- Primarily regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Standard nutrition labeling is generally voluntary (except for certain statements like “light” beer). Calorie/carb info on menus may apply to certain mixed drinks in chain restaurants.
- Low-Volume Products in Test Markets:
- Foods undergoing national test marketing for ≤ 15 months, meeting specific production/volume limits.
- Packages Smaller Than Required Label Area:
- Very small packages where there’s physically not enough space for the full Nutrition Facts panel (though ingredient lists and allergen statements are usually still required).
Important Considerations:
- USDA vs. FDA: The USDA regulates labeling for most meat, poultry, and processed egg products. Their rules largely mirror FDA exemptions but have some nuances.
- Ingredient & Allergen Labeling: Even if exempt from the Nutrition Facts panel, ingredient lists and major allergen declarations (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame) are STILL REQUIRED on most packaged foods (with very few exceptions like raw produce/seafood bulk bins).
- State Laws: Some states may have stricter requirements.
- Voluntary Labeling: Many exempt foods (like fresh produce or coffee) often include voluntary nutrition information.
When in doubt, the safest assumption is that a packaged food sold at retail will have a Nutrition Facts label unless it clearly falls into one of these exempt categories.
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