S.C. Code Regs. 5-307. Food: Labeling, Designation of Ingredients

The name of an ingredient (except a spice, flavoring, or coloring which is an ingredient of a food other than one sold as a spice, flavoring, or coloring), required by Section 39-25-110(i)(2) to be borne on the label of a food, shall be a specific name and not a collective name. But if an ingredient (which itself contains two or more ingredients) conforms to a definition and standard of identity prescribed by regulations under Section 39-25-90, such ingredient may be designated on the label of such food by the name specified on the definition and standard, supplement, in case such regulations require the naming of optional ingredients present in such ingredient, by a statement showing the optional ingredients which are present in such ingredient. 5-308 [Designation of Spices, Flavorings and Coloring.] No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, within the meaning of such term as commonly understood by consumers. The term “coloring” shall not include any bleaching substance. 5-309 [Designation if Both a Spice and Coloring or Flavoring and Coloring.] An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such ingredient is designated by its specific name. 5-310 [Fabricated Foods.] In the case of fabricated foods, including mixtures of food ingredients, where the proportion of an expensive ingredient or ingredients present has a material bearing on price or consumer acceptance, the label of such food shall bear a quantitative statement of such ingredient(s) if the label without such declaration may create an erroneous impression that such ingredient or ingredients are present in an amount greater than is actually the case. For example, a label designation of identity as “cottonseed oil and olive oil” for a mixture containing eighty percent or more of cottonseed oil would require a declaration of the percent of olive oil present. Similarly, a representative by vignette or statement of identity that a breakfast syrup is made from a mixture of sugar syrup and maple sugar syrup would necessitate a quantitative declaration of the maple sugar syrup unless more than twenty percent maple sugar syrup is present. 5-311 [Assortment Packages.] In the case of an assortment of different items of food, when variations in the items which make up different packages packed from such assortment normally occur in good packing practice, and when such variations result in variations in the ingredients in different packages, such food shall be exempt from compliance with the requirements of clause (2) of Section 39-25-110(i) with respect to any ingredient which is not common to all packages. But such exemption shall be on the condition that the label shall bear, in conjunction with the names of such ingredients as are common to all packages, a statement in terms which are as informative as practicable and which are not misleading, indicating that other ingredients may be present. 5-312 [Exemption from Ingredient Listing Requirement.] A food, while held for sale, shall be exempt from the requirements of clause (2) of Section 39-25-110(i) (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients) if said food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with either: (1) The labeling of the bulk container plainly in view, or (2) A counter card, sign, or other appropriate device bearing prominently and conspicuously the information required to be stated on the label pursuant to clause (2) of Section 39-25-110(i). 5-313 [Exemption for Propylene Glycol or Glycerin.] Propylene glycol or glycerin present in quiescently frozen confections because of use as a carrier for food-grade emulsifiers and stabilizers is exempt from the requirements of Section 39-25-110(i)(2) (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients). 5-314 [Listing Ingredients in Order of Decreasing Predominance.] Ingredients shall be listed by common or usual name in order of decreasing predominance. The declaration shall be presented on any appropriate information panel in adequate type size, without obscuring design, vignettes or crowding. The entire ingredient statement shall appear on a single panel of the label.