410 IAC 7-26-221 Food labels

Sec. 221. (a) Food packaged in a retail food establishment must be labeled as specified in law, including the following: (1) IC 16-42-1. (2) IC 16-42-2. (3) 410 IAC 7-5. (4) 21 CFR 101. (5) 9 CFR 317. (b) Label information must include all the following: (1) The common name of the food or, absent a common name, an adequately descriptive identity statement. (2) If made from at least two (2) ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives if contained in the food. (3) An accurate declaration of the net quantity of contents. (4) The name and place of business of the manufacturer, packer, or distributor. (5) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient. (6) Except as exempted in the Federal Food, Drug, and Cosmetic Act 414(q)(3) through 414(q)(5), nutrition labeling as specified in 21 CFR 101 and 9 CFR 317 Subpart B. (7) For salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin. (c) Bulk food, either packaged or unpackaged, that is available for consumer self dispensing and not intended for immediate consumption must be prominently labeled with either of the following in plain view of the consumer: (1) The manufacturer's or processor's label that was provided with the food. (2) A card, sign, or other method of notification that includes the information specified under subsection (b)(1), (b)(2), (b)(5), and (b)(6). (d) Bulk, unpackaged food, such as bakery products and unpackaged foods portioned to consumer specifications, need not be labeled if: (1) a health, nutrient content, or other claim is not made; and (2) the food is manufactured or prepared on the premises of the retail food establishment or at a food processing plant owned by the same person and regulated by the food regulatory agency that has jurisdiction. (e) For purposes of this section, a violation of subsection (b)(5) is a PF item. (f) For purposes of this section, a violation of subsection (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (c), or (d) is a core item.