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Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups



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Food Labeling: Toward National Uniformity G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups

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Food Labeling: Toward National Uniformity APPENDIX G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups State State Response Consumer Response Industry Response Alabama N.P. N.D.I. Dairy; honey; oysters Alaska N.P. N.D.I. Fish Arizona N.P. Arizona Consumers Council stated that discrepancies exist between FDCA Sections 403(f), (h), (k) and Arizona law; and requested that FDA adopt Arizona statute (Section 36-906) related to labeling of vegetable fats. Dairy Arkansas N.P. N.D.I. Dairy; produce; honey; fish California N.P.; however, different bottled water standards. [Personal communication with J. Scheneman, CDHS, who stated that misbranded olive oil is no longer a problem and that the statutory provision is not enforced.] Bottled water, ice; olive oil; slack fill Dairy; honey; olive oil Colorado N.P. N.D.I. Dairy; honey; labeling of bulk food ingredients [FDCA Section 403(k)] Connecticut Bottled water; sulfites; apple juice/cider; container fill Daily; sulfites; honey Dairy; honey Delaware N.P. N.D.I. Dairy; apples (qual./grade); imitation Florida Discrepancies between FDCA Sections 403(b), (d), (h), (i) and Florida requirements Dairy; bottled water; pecans Dairy; citrus (grade); honey Georgia Vidalia onion; also discrepancies between FDCA Sections 403(b), (f), (i) N.D.I. Dairy; honey (imitation); Vidalia onion

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Food Labeling: Toward National Uniformity State State Response Consumer Response Industry Response Hawaii Dairy, bottled water, poi; pasta N.D.I. Produce (grades); cold-stored foods; bottled water Idaho Pending review by attorney general N.D.I. Dairy, fruit (grades) Illinois N.P. N.D.I. Dairy; agric. products (grades) Indiana N.P. N.D.I. Dairy; produce (grades) Iowa N.P. N.D.I. Dairy; honey; artificial sweeteners; vinegar; imitation labeling Kansas N.P. N.D.I. Dairy; produce (grades and qual. stds.); honey Kentucky N.P. N.D.I. Apples (grade); strawberries (grade) Louisiana No response N.D.I. Dairy; honey Maine Generally no problems except for labeling of cider, MSG added at retail level, and surimi N.D.I. Dairy; apples (grade); maple (SI); beverages (colors, flavors, preserv.); cider, surimi; MSG Maryland Oysters, free liquor; hen house identity labeling on egg cartons N.D.I. Dairy; crab; commodities (stds. of fill) Massachusetts No response Dairy; baking powder; butter/lard; berries (volume); potatoes (grade); canned (prominence); vinegar Dairy; maple (SI and ingredients); seafood; vinegar; canned food (grade) Michigan Diluted fruit beverage standards N.D.I. Dairy; apples (grade); buckwheat mixture; composition stds. for red peppers and nut-meg Minnesota N.P. Dairy; label alternatives; wild rice; oysters (fill); smoked fish; fruit syrups jelly; baking powder; salad oil; oranges; prominence for quality and fill; bottled beverages; canned vegetables Dairy; apples (grade, etc.); honey; wild rice; common name of bulk foods

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Food Labeling: Toward National Uniformity State State Response Consumer Response Industry Response Mississippi No response N.D.I. Dairy; grits (FDCA std.); honey; syrup; catfish Missouri N.P. N.D.I. Dairy; apples (grade); grain mixtures   [Law states that regulations must conform as much as practicable to Federal requirements, and be no more stringent; see Missouri State Code, Section 196.050.]     Montana N.P. N.D.I. Dairy; apples (grade); ''Montana farm products''; honey; mustard seed (bug infestations); bottled water Nebraska N.P. N.D.I. Deceptive packaging Nevada N.P. N.D.I. Dairy; deceptive packaging of nuts, fruits, and vegetables; potatoes and onions (grades); honey; standard sale units New Hampshire No response N.D.I. Dairy; apples (grade/qual.); potatoes (grade); "native"; honey; maple (SI, grade, imitation); cider vinegar New Jersey No response [NJ has a pending bill on downsizing-Bill 4880, 1991.] N.D.I. Dairy; storage of agric. commodities; potatoes (grade) New Mexico N.P. N.D.I. Dairy; produce; pinon nuts; pecans; honey

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Food Labeling: Toward National Uniformity State State Response Consumer Response Industry Response New York No response Mellorine; oleo-margarine; horseradish; honey; soaked goods General authority and standards for milk and dairy products; oleo-margarine; imitation cheese; apples, grapes, lettuce, and potatoes (grades); bulk farm products; honey; kosher; maple products; horseradish; baked beans; macaroni (SI); olive oil; vinegar, re-frozen food North Carolina N.P. N.D.I. Milk (grade/contents); dairy stds. of purity North Dakota N.P. N.D.I. Non-Federal dairy stds.; imitation dairy labelling; potatoes (grade); organic; flour (weights and measures) Ohio No response N.D.I. Dairy and frozen dessert compositional stds.; produce (grades); canned fruit/vegetable labeling (grade/qual.); honey; maple; kosher; soaked canned goods; soft drink "dry" labeling; bottled water; vinegar; imitation flavored soft drinks; minimum weight for bread Oklahoma N.P. N.D.I. Composition stds. for milk; mello-drink; produce (grades); honey; organic; low-alcohol beverages; TVP products Oregon N.P. Halibut definition; bacterial counts for frozen desserts; mellorine; imitation milk and dairy products SI for milk and desserts; onions, potatoes, and nuts (grades); bulk agric. products; balloon loaf; flour product (SI); organic; nonalcoholic beverages stds.; halibut definition

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Food Labeling: Toward National Uniformity State State Response Consumer Response Industry Response Pennsylvania N.P. Formaline, etc., in foods; metallic copper; honey; nonalcoholic beverages; colored margarine; benzoic acid-containing products; color labeling; sulfur dioxide use in foods and labeling; lard labeling; oil mixtures labeling; beverage names; nondairy product labeling Dairy stds.; oleomargarine; produce (grades); honey; chicory with coffee; fruit syrup; vinegar; lard; nonalcoholic beverages; food mixtures; size of type; dairy weights and measures   [Formaline, metallic copper, honey, and beveragecolor, etc., labeling provisions repealed in 1909.] Rhode Island N.P. N.D.I. Dairy stds.; frozen desserts; exposed surface of fruits; kosher; olive oil mix.; mackerel (grades); cider vinegar South Carolina N.P. N.D.I. Dairy labeling; frozen desserts; grade stds. for farm products; enriched flour product labeling; rice labeling South Dakota N.P. N.D.I. Dairy stds.; frozen dessert stds.; potato weight labeling; organic; common or usual names; preservative labeling; water; compound food labeling Tennessee N.P. N.D.I. Dairy stds.; produce with sulfites (in restaurants); std. weights for margarine Texas Generally no problems except for bottled water and alcohol (liquor) in candy Crabmeat and added chemicals Produce (grade); bulk agric. products; "self-rising flour"; bread std. sizes; honey; kosher; crabmeat definition; cereal/flour std. weight Utah Generally no problems except for bottled water with fruit juice [which should be labeled as a soft drink]; and FDCA Sections 403(f), 403(h), 403(k) N.D.I. Dairy stds.; renovated butter, flour/cereal definitions

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Food Labeling: Toward National Uniformity State State Response Consumer Response Industry Response Vermont Generally no problems except for maple syrup SI Maple syrup SI Dairy definitions; frozen dessert definitions, qual., and fill; apples (grade); potatoes (grade); maple syrup; organic; irradiated food Virginia N.P. N.D.I. Dairy stds.; frozen dessert stds.; apples (grade); organic; "Virginia Quality Label"; std. measures for dairy Washington No problems in general except for buttered popcorn sold in theaters and fish names Imitation dairy; halibut names; honey; slack filled products Dairy; cheese; produce (grades); honey; kosher; organic; halibut; bacon; macaroni; weights and measures for dairy West Virginia No response N.D.I. Dairy; produce (grades); honey; vinegar; sulfites (restaurants); mixtures; weights and measures for many foods Wisconsin No response N.D.I. Butter, cheese; imitation dairy; wild rice; weights and measures for many foods Wyoming No response N.D.I. Dairy; potato (grade/qual, stds.); honey NOTES: N.P. = No problems or discrepancies reported. N.D.I. = No discrepancies identified, or no response received or indicated for a given State. CDHS = California Department of Health Services. MSG = monosodium glutamate. SI = standard of identity. FDCA = Federal Food, Drug, and Cosmetic Act of 1938, as amended. TVP = textured vegetable protein.

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