USDA FSIS Allows Temporary Labeling Flexibilities for Foodservice Products Going to Retail
The U.S. Department of Agriculture Food Safety and Inspection Service (USDA FSIS) is exercising enforcement discretion for a temporary period to provide labeling flexibilities for products intended for foodservice going to retail. This means that, in certain situations outlined by USDA FSIS, products can move to retail with certain labeling deviations. These situations apply to product that has already been produced. Product currently being produced is expected to meet all requirements.
Labeling at a Federal Establishment
Product produced at a Federal establishment typically intended for distribution to hotels, restaurants, or similar institutions (HRI) will have modified labels applied by the Federal establishment so that the products can now be sold at retail. The label would be required to bear all required features. FSIS will not object to the use of labels without nutrition labeling, even if the establishment does not meet an exemption under 9 CFR 317.400 and 381.500, provided the labels do not bear any nutrition claims. The absence of nutrition labeling would normally require an establishment to submit for temporary approval under 9 CFR 412.1(f)(1). However, if the only deficiency is the absence of nutrition labeling, FSIS will not require establishments to submit for temporary approval for the next 60 days. If the proposed label has other deficiencies from FSIS labeling requirements (e.g., formulation changes not reflected in the ingredients statement), establishments will need to submit the label for temporary approval for an evaluation on a case by case basis.