West Virginia Department of Agriculture 1900 Kanawha Blvd. E., Charleston, WV 25305 304/558/3708 - 304-558-2210 Uniform Packaging & Labeling Requirements The West Virginia Department of Agriculture in conjunction with the West Virginia Division of Labor is responsible for ensuring that all commodities packaged by weight and volume meet labeling requirements. These regulations are promulgated by the Federal Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) under the provisions of the Fair Packaging and Labeling Act (FPLA). Attached is a summary of West Virginia Basic Consumer Package Label Requirements which must be met on all consumable products. In addition to these basic requirements if you have more than 100 employees and manufacture more than 100,000 units of a food product, you must also meet Nutrition Facts Labeling. Also, if you make any nutrient content claims or health claims on your label, you must also meet additional proof requirements which verify your claims. In 1994 West Virginia has also adopted the National Institute of Standards and Technology (NIST) mandatory open dating for prepackaged; perishable foods and voluntary open dating for semi-perishable or long shelf-life foods. Therefore if a perishable food product that has less than a 60 day shelf life you must display a “Sell By” date on the package. If you’re semi-perishable product has a shelf life of 60 days to 6 months you must display a “Best If Used By” date. If you would like to meet Nutrition Facts Labeling Requirements, West Virginia University Extension Service Families and Health would be glad to work with you utilizing a database analysis of your precise ingredients. We strongly encourage all producers of food products to utilize Nutrition Facts to meet consumer demands. Proofs of your label should be sent to our office for approval prior to printing to ensure you are meeting all necessary labeling requirements. If you have any questions concerning these specific regulations, please contact the appropriate division, or send your sample to: All Food Products, Bath & Body Care, Consumer and Non-Consumer Commodities WV Dept. of Agriculture Agriculture Business Development Division 1900 Kanawha Blvd E Charleston WV 25305 304.558.2210 [email protected]Eggs, Animal Feeds, Pet Treats, Fertilizer, Agricultural Limes and Seeds WV Dept. of Agriculture Regulatory & Environmental Affairs 1900 Kanawha Blvd E Charleston WV 25305 304.558.2226 . Meat WV Dept. of Agriculture Meat and Poultry Inspection 1900 Kanawha Blvd E Charleston WV 25305 304-558-5506 Quinton Jones – Asst. Director Kent Leonhardt Commissioner
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West Virginia Department of Agriculture
1900 Kanawha Blvd. E., Charleston, WV 25305
304/558/3708 - 304-558-2210
Uniform Packaging & Labeling Requirements
The West Virginia Department of Agriculture in conjunction with the West Virginia Division of Labor is responsible
for ensuring that all commodities packaged by weight and volume meet labeling requirements. These regulations are
promulgated by the Federal Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) under
the provisions of the Fair Packaging and Labeling Act (FPLA).
Attached is a summary of West Virginia Basic Consumer Package Label Requirements which must be met on all
consumable products. In addition to these basic requirements if you have more than 100 employees and manufacture
more than 100,000 units of a food product, you must also meet Nutrition Facts Labeling. Also, if you make any
nutrient content claims or health claims on your label, you must also meet additional proof requirements which
verify your claims.
In 1994 West Virginia has also adopted the National Institute of Standards and Technology (NIST) mandatory open
dating for prepackaged; perishable foods and voluntary open dating for semi-perishable or long shelf-life foods.
Therefore if a perishable food product that has less than a 60 day shelf life you must display a “Sell By” date on the
package. If you’re semi-perishable product has a shelf life of 60 days to 6 months you must display a “Best If Used
By” date.
If you would like to meet Nutrition Facts Labeling Requirements, West Virginia University Extension Service
Families and Health would be glad to work with you utilizing a database analysis of your precise ingredients. We
strongly encourage all producers of food products to utilize Nutrition Facts to meet consumer demands.
Proofs of your label should be sent to our office for approval prior to printing to ensure you are meeting all necessary
labeling requirements.
If you have any questions concerning these specific regulations, please contact the appropriate division, or send your
sample to:
All Food Products, Bath & Body Care, Consumer and
Non-Consumer Commodities
WV Dept. of Agriculture Agriculture Business Development Division 1900 Kanawha Blvd E Charleston WV 25305 304.558.2210 [email protected]
Eggs, Animal Feeds, Pet Treats, Fertilizer,
Agricultural Limes and Seeds
WV Dept. of Agriculture Regulatory & Environmental Affairs 1900 Kanawha Blvd E Charleston WV 25305 304.558.2226
.
Meat
WV Dept. of Agriculture Meat and Poultry Inspection 1900 Kanawha Blvd E Charleston WV 25305 304-558-5506 Quinton Jones – Asst. Director
Kent Leonhardt
Commissioner
Consumer Package Label Requirements
This is a summary of the4 basic packaging and labeling requirements adopted by the State
of West Virginia, from the National Conference on Weights and Measures (NTIS Handbook 130),
Food and Drug Administration, and the Federal Trade Commission, pursuant to the Fair
Packaging and Labeling Act (FPLA).
Depending on the type of product, additional requirements may apply.
The term “label” shall be constructed to mean any written, printed, or graphic matter
affixed to, applied to, attached to, blown into, formed, molded in, embossed on, or appearing upon
or adjacent to a consumer commodity or a package containing any consumer commodity, for the
purposes of branding, identifying, or giving any information with respect to the commodity or to
the contents of the package.
A label may be affixed to the whole side of a package; it may be a spot label that is
attached to the package; it may be a tag that is attached to a small package or it may be a label
attached to the top of a plastic bag, etc.
4 BASIC LABELING REQUIREMENTS ARE SUMMARIZED AS FOLLOWS:
(1) Statement of identity is the common or usual name of a food product. If there is none,
then an appropriate descriptive name, that is not misleading, must appear on the principal
display panel in bold type and in lines parallel to the base of the package. The form of the
product must be included (sliced, whole, or chopped) unless shown by a picture or the product is
visible through the container.
(2) The name, physical address, city or town, state and zip code of the manufacturer,
packer, or distributor. An address is required if the firm’s name is not listed in a current city or
telephone directory. Unless the name given is the actual manufacturer, it must be accompanied
by a qualifying phrase which states the firm’s relation to the product (e. g., “Manufactured
for______” or “Distributed by _______”). If you are interested in exporting your product you will
be required to add “Made in the USA”.
(3) Net Quantity Statement of the contents is the statement on the label which provides the
amount of product in the container or package. It must be shown in both US Customary System
(ounces, pounds, fluid ounces,) and the metric system equivalent (grams, kilograms, milliliters,
liters,) and should appear in the lower 30% of the principal display panel of the package. Do not
include the weight of the container, wrapper, or packing materials. This information, along with
identity of the product must be located on the front principal display panel.
(4) Ingredients list must be in descending order of predominance based on weight. That is,
the ingredient that weighs the most is listed first, and the ingredient that weighs the least is
listed last. Spices, flavors, and colors may be listed as such without naming the specific
ingredients, but artificial colors or flavors must be identified as such. To convert ingredient
measurements into weight measurements, you can check the following web site for a conversion
Minimum height of numbers and letters is determined by square inch of principal display
panel. The height of any letter or number in the required quantity declaration shall be not less
than that shown in the tables below with respect to the area of the panel, and the height of each
number of a common fraction shall meet one-half the minimum height standards. No number or
letter shall be more than three times as high as it is wide.
Area of
Print Display
Panel
Minimum
Type
Size
(for printing)
Minimum
Type
Size
(blown or
molded)
Actual Size of Minimum Height or
Numerals and Letters
(as stated in the left-hand column)
5 sq. in. (32 sq.
cm.) or less
1/16 in.
(1.66 mm)
Font (8-10 Pt.)
1/8 in.
(3.2 mm)
Font (12-14 Pt.)
Net. Wt. 12 oz. (341 g)
More than 5 sq. in.
(161 sq. cm.) but
no more than 100
sq. in. (645 sq. cm.)
1/8 in.
(3.2 mm)
Font (12-14 Pt.)
3/16 in.
(4.8 mm)
Font (16-20 Pt.)
Net Wt. 5.5 oz. (156 g)
More than 25 sq.
in. (161 sq. cm.)
but no more than
100 sq. in. (645 sq.
cm.)
3/16 in.
(4.8 mm)
Font (16-20 Pt.)
¼ in.
(6.4 mm)
Font (22-26 Pt.)
Net Wt. 7 oz. (199 g)
More than 100 sq.
in. (645 sq. cm.)
but no more than
400 sq. in. (2580
sq. cm)
¼ in.
(6.4 mm)
Font (22-26 Pt.)
5/16 in.
Font (28 Pt.) Net Wt. 10 lbs. (3 kg)
Greater than 400
sq. in.
½ in.
Font (48 Pt.)
½ in.
Font (48 Pt.) BOW Pt. Size will vary depending on the type of Font used.
In no case shall any declaration of quantity be qualified by the addition of the words when
packed, minimum, or not less than, or any words of similar import, nor shall any unit of weight,
measure, or count be qualified by any terms, such as jumbo, giant, full, or the like, that tends to
exaggerate the amount of commodity.
WEIGHT STATEMENTS:
The words “Net weight” or Net wt. can preface a weight. 0 - 1 pound must be stated as
ounces (e.g. Net wt. 15 oz.) 1 - 4 pounds - must be stated as ounces and in parentheses, in terms
of pounds and fractions or pounds and ounces, (e.g. Net wt. 20 oz. (1¼ lb.) or (1 lb. 4 oz.) or (1.25
lb.).) 4 pounds and over must be stated as pounds, pounds and fractions or pounds and ounces,
(e.g. Net wt. 25 lbs; Net wt. 7.5 lbs; Net. Wt. 7½ lbs; Net wt. 7 lbs. 8 oz.) The metric statement
may be placed either before, after, above, or below the US Customary Statement. All scales
must be certified by the West Virginia Department of Labor, Weights and Measures Office,
304/722-0602.
FLUID STATEMENTS:
(Statements in terms of liquid volume) The use of “Net” or “Net contents” is optional.
“Fluid” or Fl. is required with ounces as shown below. 0 to 1 pint must be stated as ounces (e.g.
Net 12 fl. oz.) 1 pint to 1 gallon must be stated both in ounces and in parenthesis, in terms of the
largest unit contained, with excess shown as a fraction or in terms of the next largest unit
contained. (e.g. Net 24 fl. oz. (1½ pt.) or Net 24 fl. oz. (1.5 pt.,) or Net 24 fl. oz. (1 pt. 8 oz.); Net
120 fl. oz. (3 3/4 qts.,) or Net 120 fl. oz. (3.75 qt.,) or Net 120 fl. oz. (3 qts. 1½ pt.,) or Net 120 fl. oz.
(3 qts. 1 pt. 8 oz.).)
Letters of a statement of quantity must not be more than 3 times as high as they are wide.
Boldface type showing contract must be used, except for blown or molded statements.
USE ONLY THE FOLLOWING SYMBOLS AND ABBREVIATIONS:
Any of the following U. S. symbols and abbreviations, and none other shall be employed in
the quantity statement on a package of commodity.
ounce oz pint pt
pound lb fluid fl
quart qt gallon gal
weight wt
Any of the following symbols for metric units, and none other, may be employed in the
quantity statement on a package of commodity.
kilogram kg gram g
liter L or l milliliter mL or ml
QUANTITY DECLARATION:
The net quantity of contents (net quantity statement)
is the statement on the label which provides the
amount of food in the container or package.
INCORRECT
Not in lower 30%
DUAL QUANTITY DECLARATION:
On packages containing 1 pound or more but less than 4 pounds, the declaration shall be
expressed in ounces, and in addition, shall be followed by a declaration in parentheses, expressed
in terms of the largest whole unit.
EXAMPLE: NET WT. 16 OZ. (1 LB.) 201 g NET WT. 7.1 OZ NET WT 7 OZ. (198 g)
454 g
NET WT. 19 OZ. (1LB. 3 OZ.) (531 g) NET WT 48 OZ (3LB) 1.36 kg
LIQUID MEASURES
Ounces Liter
1 Ounce 1 0.0296
1 Milliliter 0.0338 0.001
1 Liter 33.8147 1
1 Pint 16 0.4731
1 Quart 32 0.946333
1 Gallon 128 3.7853
Conversion FROM Metric Measures Conversions TO Metric Measures
When You When You
Symbol Know Multiply By To Find Symbol Symbol Know Multiply By To Find
Symbol
mL milliliters 0.034 fluid ounces fl oz fl oz ounces 29.57 milliliters mL
L liters 2.1134 pints pt pt pints 0.473 liters L
g grams 0.035 ounces oz oz ounces 28.35 grams g
kg kilograms 2.202 pounds lb lb pounds 0.454 kilograms kg
PACKING WEIGHT & CAPACITY
This table gives the approximate weight (in ounces) of various products that can be packed in containers of the capacities indicated below. Note. 1 fluid ounces = 1.043 average weight
Container Apple Peanut Ketchup/ Condensed Corn Maple Grape Vegetable
Size Jelly Honey Mustard Pepper Preserves Butter Butter chili
sauce Milk Molasses Syrup Syrup Juice Vanilla Oil Vinegar