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 |
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 |
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 |
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 |
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 |
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[Formaline, metallic copper, honey, and beveragecolor, etc., labeling provisions repealed in 1909.] |
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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 |