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Food and Drug Administration, HHS § 101.30

chapter to ensure safe conditions of use with the name of the particular fruit or for the color additive. Voluntary dec- vegetable. laration of all colorings added to but- (3) If the beverage contains 100 per- ter, cheese, and ice cream, however, is cent juice and also contains non-juice recommended. ingredients that do not result in a dim- inution of the juice soluble solids or, in [42 FR 14308, Mar. 15, 1977, as amended at 44 FR 3963, Jan. 19, 1979; 44 FR 37220, June 26, the case of expressed juice, in a change 1979; 54 FR 24891, June 12, 1989; 58 FR 2875, in the volume, when the 100 percent Jan. 6, 1993; 63 FR 14818, Mar. 27, 1998; 74 FR juice declaration appears on a panel of 216, Jan. 5, 2009] the label that does not also bear the in- gredient statement, it must be accom- § 101.30 Percentage juice declaration panied by the phrase ‘‘with added for foods purporting to be bev- lll,’’ the blank filled in with a term erages that contain fruit or vege- such as ‘‘ingredient(s),’’ ‘‘preserva- table juice. tive,’’ or ‘‘sweetener,’’ as appropriate (a) This section applies to any food (e.g., ‘‘100% juice with added sweet- that purports to be a beverage that ener’’), except that when the presence contains any fruit or vegetable juice of the non-juice ingredient(s) is de- (i.e., the product’s advertising, label, or clared as a part of the statement of labeling bears the name of, or variation identity of the product, this phrase on the name of, or makes any other di- need not accompany the 100 percent rect or indirect representation with re- juice declaration. spect to, any fruit or vegetable juice), (c) If a beverage contains minor or the label or labeling bears any vi- amounts of juice for flavoring and is la- gnette (i.e., depiction of a fruit or vege- beled with a flavor description using table) or other pictorial representation terms such as ‘‘flavor’’, ‘‘flavored’’, or of any fruit or vegetable, or the prod- ‘‘flavoring’’ with a fruit or vegetable uct contains color and flavor that gives name and does not bear: the beverage the appearance and taste (1) The term ‘‘juice’’ on the label of containing a fruit or vegetable juice. other than in the ingredient statement; The beverage may be carbonated or or noncarbonated, concentrated, full- (2) An explicit vignette depicting the strength, diluted, or contain no juice. fruit or vegetable from which the fla- For example, a soft drink (soda) that vor derives, such as juice exuding from does not represent or suggest by its a fruit or vegetable; or physical characteristics, name, label- (3) Specific physical resemblance to a ing, ingredient statement, or adver- juice or distinctive juice characteristic tising that it contains fruit or vege- such as pulp then total percentage table juice does not purport to contain juice declaration is not required. juice and therefore does not require a (d) If the beverage does not meet the percent juice declaration. criteria for exemption from total juice (b)(1) If the beverage contains fruit or percentage declaration as described in vegetable juice, the percentage shall be paragraph (c) of this section and con- declared by the words ‘‘Contains l per- tains no fruit or vegetable juice, but cent (or %) lll juice’’ or ‘‘l percent the labeling or color and flavor of the (or %) juice,’’ or a similar phrase, with beverage represents, suggests, or im- the first blank filled in with the per- plies that fruit or vegetable juice may centage expressed as a whole number be present (e.g., the product adver- not greater than the actual percentage tising or labeling bears the name, a of the juice and the second blank (if variation of the name, or a pictorial used) filled in with the name of the representation of any fruit or vege- particular fruit or vegetable (e.g., table, or the product contains color ‘‘Contains 50 percent juice’’ or and flavor that give the beverage the ‘‘50 percent juice’’). appearance and taste of containing a (2) If the beverage contains less than fruit or vegetable juice), then the label 1 percent juice, the total percentage shall declare ‘‘contains zero (0) percent juice shall be declared as ‘‘less than 1 (or %) juice’’. Alternatively, the label percent juice’’ or ‘‘less than 1 percent may declare ‘‘Containing (or contains) lll juice’’ with the blank filled in no lll juice’’, or ‘‘no lll juice’’, or

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‘‘does not contain lll juice’’, the 100 Juice percent blank to be filled in with the name of juice 1 the fruits or vegetables represented, suggested, or implied, but if there is a Acerola ...... 6.0 Apple ...... 11.5 general suggestion that the product Apricot ...... 11.7 contains fruit or vegetable juice, such Banana ...... 22.0 as the presence of fruit pulp, the blank Blackberry ...... 10.0 Blueberry ...... 10.0 shall be filled in with the word ‘‘fruit’’ Boysenberry ...... 10.0 or ‘‘vegetable’’ as applicable (e.g., Cantaloupe Melon ...... 9.6 ‘‘contains no fruit juice’’, or ‘‘does not Carambola ...... 7.8 Carrot ...... 8.0 contain fruit juice’’). Casaba Melon ...... 7.5 (e) If the beverage is sold in a pack- Cashew (Caju) ...... 12.0 age with an information panel as de- Celery ...... 3.1 Cherry, dark, sweet ...... 20.0 fined in § 101.2, the declaration of Cherry, red, sour ...... 14.0 amount of juice shall be prominently Crabapple ...... 15.4 placed on the information panel in Cranberry ...... 7.5 Currant (Black) ...... 11.0 lines generally parallel to other re- Currant (Red) ...... 10.5 quired information, appearing: Date ...... 18.5 (1) Near the top of the information Dewberry ...... 10.0 Elderberry ...... 11.0 panel, with no other printed label in- Fig ...... 18.2 formation appearing above the state- Gooseberry ...... 8.3 ment except the brand name, product ...... 16.0 ...... 310.0 name, logo, or universal product code; Guanabana (soursop) ...... 16.0 and Guava ...... 7.7 (2) In easily legible boldface print or Honeydew melon ...... 9.6 Kiwi ...... 15.4 type in distinct contrast to other Lemon ...... 2 4.5 printed or graphic matter, in a height Lime ...... 2 4.5 not less than the largest type found on Loganberry ...... 10.5 Mango ...... 13.0 the information panel except that used Nectarine ...... 11.8 for the brand name, product name, Orange ...... 311.8 logo, universal product code, or the Papaya ...... 11.5 Passion Fruit ...... 14.0 title phrase ‘‘Nutrition Facts’’ appear- Peach ...... 10.5 ing in the nutrition information as re- ...... 12.0 quired by § 101.9. Pineapple ...... 12.8 Plum ...... 14.3 (f) The percentage juice declaration Pomegranate ...... 16.0 may also be placed on the principal dis- Prune ...... 18.5 play panel, provided that the declara- Quince ...... 13.3 Raspberry (Black) ...... 11.1 tion is consistent with that presented Raspberry (Red) ...... 9.2 on the information panel. Rhubarb ...... 5.7 (g) If the beverage is sold in a pack- Strawberry ...... 8.0 Tangerine ...... 311.8 age that does not bear an information Tomato ...... 5.0 panel as defined in § 101.2, the percent- Watermelon ...... 7.8 age juice declaration shall be placed on Youngberry ...... 10.0 the principal display panel, in type size 1 Indicates Brix value unless other value specified. 2 Indicates anhydrous citrus percent by weight. not less than that required for the dec- 3 Brix values determined by refractometer for citrus juices laration of net quantity of contents may be corrected for citric acid. statement in § 101.105(i), and be placed (2) If there is no Brix level specified near the name of the food. in paragraph (h)(1) of this section, the (h)(1) In enforcing these regulations, labeled percentage of that juice from the Food and Drug Administration will concentrate in a juice or juice beverage calculate the labeled percentage of will be calculated on the basis of the juice from concentrate found in a juice soluble solids content of the single- or juice beverage using the minimum strength (unconcentrated) juice used to Brix levels listed below where single- produce such concentrated juice. strength (100 percent) juice has at least (i) Juices directly expressed from a the specified minimum Brix listed fruit or vegetable (i.e., not con- below: centrated and reconstituted) shall be

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considered to be 100 percent juice and (b) The declaration of nutrition infor- shall be declared as ‘‘100 percent juice.’’ mation on the label and in labeling (j) Calculations of the percentage of shall contain the following informa- juice in a juice blend or a diluted juice tion, using the subheadings and the product made directly from expressed format specified in paragraph (e) of juice (i.e., not from concentrate) shall this section. be based on the percentage of the ex- (1) Serving size. (i) The subheading pressed juice in the product computed ‘‘Serving Size’’ shall be placed under on a volume/volume basis. the heading ‘‘Supplement Facts’’ and (k) If the product is a beverage that aligned on the left side of the nutrition contains a juice whose color, taste, or label. The serving size shall be deter- other organoleptic properties have mined in accordance with §§ 101.9(b) and been modified to the extent that the 101.12(b), Table 2. Serving size for die- original juice is no longer recognizable tary supplements shall be expressed at the time processing is complete, or using a term that is appropriate for the if its nutrient profile has been dimin- form of the supplement, such as ‘‘tab- ished to a level below the normal nutri- lets,’’ ‘‘capsules,’’ ‘‘packets,’’ or ‘‘tea- ent range for the juice, then that juice spoonfuls.’’ to which such a major modification has (ii) The subheading ‘‘Servings Per been made shall not be included in the Container’’ shall be placed under the total percentage juice declaration. subheading ‘‘Serving Size’’ and aligned (l) A beverage required to bear a per- on the left side of the nutrition label, centage juice declaration on its label, except that this information need not that contains less than 100 percent be provided when it is stated in the net juice, shall not bear any other percent- quantity of contents declaration. age declaration that describes the juice (2) Information on dietary ingredients content of the beverage in its label or that have a (RDI) in its labeling (e.g., ‘‘100 percent nat- or a Daily Reference Value (DRV) as es- ural’’ or ‘‘100 percent pure’’). However, tablished in § 101.9(c) and their subcompo- the label or labeling may bear percent- nents (hereinafter referred to as ‘‘(b)(2)- age statements clearly unrelated to dietary ingredients’’). (i) The (b)(2)-die- juice content (e.g., ‘‘provides 100 per- tary ingredients to be declared, that is, cent of U.S. RDA of C’’). total , calories from , total (m) Products purporting to be bev- fat, saturated fat, trans fat, choles- erages that contain fruit or vegetable terol, sodium, total , die- juices are exempted from the provi- tary fiber, , , , sions of this section until May 8, 1994. , calcium and iron, shall be All products that are labeled on or declared when they are present in a di- after that date shall comply with this etary supplement in quantitative section. amounts by weight that exceed the amount that can be declared as zero in [58 FR 2925, Jan. 6, 1993, as amended at 58 FR 44063, Aug. 18, 1993; 58 FR 49192, Sept. 22, 1993] nutrition labeling of foods in accord- ance with § 101.9(c). Calories from satu- rated fat and polyunsaturated fat, Subpart C—Specific Nutrition La- monounsaturated fat, soluble fiber, in- beling Requirements and soluble fiber, alcohol, and other Guidelines carbohydrate may be declared, but they shall be declared when a claim is SOURCE: 55 FR 60890, Nov. 27, 1991, unless made about them. Any other otherwise noted. or minerals listed in § 101.9(c)(8)(iv) or (c)(9) may be declared, but they shall § 101.36 Nutrition labeling of dietary be declared when they are added to the supplements. product for purposes of supplemen- (a) The label of a dietary supplement tation, or when a claim is made about that is offered for sale shall bear nutri- them. Any (b)(2)-dietary ingredients tion labeling in accordance with this that are not present, or that are regulation unless an exemption is pro- present in amounts that can be de- vided for the product in paragraph (h) clared as zero in § 101.9(c), shall not be of this section. declared (e.g., amounts corresponding

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