Food Regulation. Neal D. Fortin

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СКАЧАТЬ the government has an interest in finding solutions when it is the government, and ultimately the taxpayer, that is financing much of the economic burden of obesity.

      NOTES AND QUESTIONS

      1 4.1. Labels and obesity. Can labels be an effective tool in reducing obesity? How or why not?

      2 4.2. Labels and healthy eating. What specific label revisions could help consumers eat healthier diets?

4.2 THE NUTRITION LABELING AND EDUCATION ACT (NLEA)

Congress passed the NLEA in 1990. The NLEA amended the FD&C Act and mandated nutritional labeling on most food products regulated by FDA. NLEA is codified in part into the FD&C Act.³ The NLEA also mandated changes in label declarations for collective terms, sulfites, sweeteners, colors, spices, nondairy and allergenic substances, net contents, and metric labeling.

      The NLEA was enacted in response to the consumer’s demand for more information about the nutritional content of food products and the presence of food additives and allergens. FDA promulgated regulations for the use of health and nutrient level claims, such as “heart‐smart.” Most of these regulations went into effect in 1994. Certain nutrient information is mandatory, while other nutrients may be listed at the discretion of the manufacturer, unless the manufacturer makes a claim about the optional nutrient or indicates that the food product is fortified with an optional nutrient.

      Although not required to do so by law, the USDA also established nutritional labeling requirements for meat and poultry products, which parallel FDA’s requirements for other foods.

4.3 THE NUTRITION FACTS PANEL

      The details of the Nutrition Facts panel requirements are quite specific and numerous. This chapter only covers some salient points, not all the details. This is an area of law where one must review the federal regulations as needed.

      4.3.1 The Nutrients

The only nutrients that may be listed in the Nutrition Facts panel are those specified by FDA as either mandatory or voluntary.⁴ The listing of a voluntary nutrient becomes mandatory if a claim is made for that nutrient in the food or the food is fortified with that nutrient.⁵ The mandatory nutrients are listed in Figure 4.2.

      4.3.2 Daily Value (DV)

      There are two sets of reference values for nutrients in nutrition labeling, Daily Reference Values (DRVs) and Reference Daily Intakes (RDIs). The DRVs are established for macronutrients, fat, saturated fat, total carbohydrate (including fiber), protein, cholesterol, sodium, and potassium. The RDIs are established for micronutrients, such as vitamins.

      For clarity and simplicity on the label, the DRVs and RDI are combined in designation by a single term, the Daily Value (DV). Specifically, the Nutrition Facts includes the % DV.

FIGURE 4.2 Standard vertical format 101.9(d)(12).

Declaring nutrients as a percentage of the Daily Values is intended to prevent misinterpretations that arise with quantitative values. For example, a food with 140 mg of sodium could be mistaken for a high‐sodium food because 140 is a comparatively large number. In actuality, however, 140 mg represents about 6 percent of the Daily Value for sodium, which is 2,300 mg. On the other hand, a food with 5 grams of saturated fat could be construed as being low in that nutrient. In fact, that food would provide one‐fourth the total DV because 20 grams is the DV for saturated fat.

       DRVs

      The DRVs for the energy‐producing nutrients are based on the percentage of the calories consumed per day with 2,000 calories established as the daily intake reference. DRVs for the energy‐producing nutrients are calculated as follows:

       Fat based on 30 percent of calories.

       Saturated fat based on 10 percent of calories.

       Carbohydrate based on 60 percent of calories.

       Protein based on 10 percent of calories.

       Fiber based on 11.5 grams of fiber per 1,000 calories.

      The DRVs for the macronutrients are based on public health recommendations, representing the uppermost limit that is considered desirable. The DRVs for total fat, saturated fat, cholesterol, and sodium are:

       total fat: less than 78 grams

       saturated fat: less than 20 grams

       cholesterol: less than 300 mg

       sodium: less than 2,300 mg

       RDIs

      FDA establishes the “Reference Daily Intake” (RDI) based on the Recommended Dietary Allowances (RDAs), which are values determined by the National Academy of Sciences. Unlike the RDIs, which are intended for reference, the National Academy of Sciences develops the RDA for various population groups.

4.3.3 Nutrition Facts Format⁶

      In some circumstances, variations in the format of the nutrition panel are allowed. Some are mandatory. The possible formats include the following:

       Standard

       Dual Column

       Simplified

       Food for Infants and Children under 4

       Small and Intermediate‐size Packages

       Shortened Format

       Aggregate Display

       Standard

The headings, font size, position, terminology, lines, and other specifics are detailed in the regulations.⁷ For example, the Nutrition Facts must be set off in a box. The color of the printing must either be black or another single color on a contrasting color background. The other formats are modifications of the standard format.

       Dual Column8

A dual nutrient listing is recommended for food items that require additional preparation before eating, such as dry cake mixes and dry pasta СКАЧАТЬ