N.J. Admin. Code § 8:24-3.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:24-3.6 - Food identity, presentation, and on-premises labeling

(a) Packaged food shall comply with standard of identity requirements in 21 CFR Parts 131 through 169, incorporated herein by reference, as amended and supplemented, and Definitions and Standards of Identity or Composition, 9 CFR Part 319, incorporated herein by reference, as amended and supplemented, and the general food standards in 21 CFR Part 130, incorporated herein by reference, as amended and supplemented, and the general requirements in 9 CFR Part 319, Subpart A, incorporated herein by reference, as amended and supplemented.

(b) Food packaged in a retail food establishment shall be labeled in accordance with the following:

1.24:5-17 "Food Misbranding";

2. Food Labeling, 21 CFR Part 101, incorporated herein by reference, as amended and supplemented, and Labeling, Marking Devices, and Containers, 9 CFR Part 317, incorporated herein by reference, as amended and supplemented; and

3. Food Labeling, 21 CFR Part 101, incorporated herein by reference, as amended and supplemented and Nutrition Labeling, 9 CFR Part 317, Subpart B, incorporated herein by reference, as amended and supplemented, except as exempted in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 343(q)(3) through (5), incorporated herein by reference, as amended and supplemented.

(c) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

1. The manufacturer's or processor's label that was provided with the food; or

2. A card, sign, or other method of notification that includes the following:

i. The common name of the food or, absent a common name, an adequately descriptive identity statement;

ii. If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food; and

iii. Food Labeling, 21 CFR Part 101, incorporated herein by reference, as amended and supplemented, and Nutrition Labeling, 9 CFR 317 Subpart B, incorporated herein by reference, as amended and supplemented, except as exempted in the Federal Food, Drug, and Cosmetic Act 21 U.S.C. § 343(q)(3) through (5), incorporated herein by reference, as amended and supplemented.

(d) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

1. A health, nutrient content, or other claim is not made; and

2. The food is manufactured or prepared on the premises of the retail food establishment or at another retail food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

N.J. Admin. Code § 8:24-3.6