FDA small business labeling exemption

Some packaged foods are exempt from the Nutrition Facts panel, including low-volume small businesses — but any claim on the pack voids the exemption.

Most packaged foods need a panel

Most packaged foods sold at US retail need a Nutrition Facts label. The exemptions are specific and narrow, so the safe default is to assume a panel is required and check whether a genuine exemption applies.

What can be exempt

Exemptions cover raw fruits, vegetables and fish; foods with insignificant nutrition; foods for immediate consumption; very small packages; bulk foods not sold at retail; and low-volume products from qualifying small businesses. The small-business exemption is based on the number of employees and units sold and requires a notice filed with FDA.

A claim voids the exemption

Any nutrient content claim or health claim — "low fat", "good source of fiber", "heart healthy" — voids the exemption and triggers the full Nutrition Facts panel. If you want to make a claim, you take on the panel that comes with it.

Exemptions can be lost

An exemption can be claimed, but it is lost the moment its conditions stop being met — a claim added to the pack, sales above the threshold, or a missing filing. LabelYog builds the full Nutrition Facts panel whenever you need one — LabelYog builds it from your recipe.

At a glance

• Confirm the product actually qualifies for an exemption
• Small-business exemption: employee and unit-sold limits met
• Small-business exemption: notice filed with FDA
• No nutrient content or health claim anywhere on the pack
• Full Nutrition Facts panel ready if any condition fails

Questions