Any food product processed and sold in the state of Alabama must meet regulations set by the Food and Drug Administration (FDA) and the Alabama Department of Public Health (ADPH). These regulations can be viewed on the ADPH website.
The Nutrition Labeling and Education Act (NLEA) requires nutrition labeling for most foods. Under NLEA, some foods are exempt from nutrition labeling. Food produced by small businesses may be exempt, under 1993 amendments to the NLEA:
- Businesses with fewer than 100 full-time employees may claim an exemption for food products that have U.S. sales of fewer than 100,000 units annually. Companies claiming this exemption must notify FDA that they meet the criteria before they begin marketing their products.
- U.S. companies, other than importers, with fewer than 10 full-time equivalent employees and selling fewer than 10,000 units of a food in a year also are exempt but do not need to notify FDA. Also exempt are retailers with annual gross sales in the United States of less than $500,000 or with annual gross sales of food to consumers in the United States of less than $50,000.
However, wholesale buyers may require that the nutrition facts panel be on the product label.
Nutrition Facts Labeling Services
The Nutrition Labeling and Education Act (NLEA) states that all food intended for retail sale must have nutrition facts on the package. Foods that contain insignificant amounts of all the nutrients required in the declaration of nutrition facts are not required to have a nutrition label. This would be where all ingredients round to zero or less than one gram. Some examples of this would be coffee beans, tea, some spices. There are some exemptions to the rule.
- The producer employs less than 100 full-time employees and sells fewer than 100,000 units of the product per year. To qualify for the exemption, you must file a notice annually with the Food & Drug Administration (FDA).
- Retailers with annual gross sales of $500,000 or less, or sales of food products of less than $50,000, are exempt and do not have to file for the exemption with FDA.
If any nutrient content claim (e.g., “sugar free”), health claim or other nutrition information is provided on the label or in labeling or advertising, the small business exemption is not applicable for that product.
Our nutrition facts labels are generated using the Genesis R & D software from ESHA Re-search, PO Box 13028, Salem, OR 97309-1028. The information needed to complete a label includes:
- Complete list of ingredients and amounts of each. Amounts listed by weight of the ingredient will result in a more accurate label. Be sure to specify if the ounces are by weight or by volume (fluid ounces).
- Yield of the recipe—how much does it make.
- Retail package size—how much product is in your retail package.
- About ingredients—BE SPECIFIC! For example if you have a baked product and flour is an ingredient, keep in mind there are many types of flour–bleached, unbleached, self-rising, whole wheat, etc. Including a scan or picture of the label with the ingredients panel is helpful.
- Recipes are kept confidential.
- To ensure accuracy of nutrition facts panels please include the brand name of each ingredient if applicable. Include copies of each ingredient’s nutrition facts panel, ingredients and allergen statement if possible. In the “additional information” column include any additional information about the ingredient that would help describe the ingredient (i.e. canned, fresh, no added salt, gluten free, from concentrate, etc.). All weights and measures must be accurate. Failure to provide accurate weights and measures will delay testing and possibly result in an inaccurate nutrition facts panel. Do not give numbers of items (i.e. 3 peppers) without a weight or measure, instead provide the total weight or measure of the items (i.e. ½ pound green bell peppers).
In-state: $75.00 per recipe or formula
Out-of-state: $150.00 per recipe
Send required information to:
260 Lem Morrison Dr. Auburn, AL 36849
Or email: firstname.lastname@example.org
Office phone: 334-844-8090