[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR317.380]



[Page 235-236]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents

 

                      Subpart B_Nutrition Labeling

 

Sec. 317.380  Label statements relating to usefulness in reducing or maintaining body weight.



    (a) General requirements. Any product that purports to be or is 

represented for special dietary use because of usefulness in reducing 

body weight shall bear:

    (1) Nutrition labeling in conformity with Sec. 317.309 of this 

subpart, unless exempt under that section, and

    (2) A conspicuous statement of the basis upon which the product 

claims to be of special dietary usefulness.

    (b) Nonnutritive ingredients. (1) Any product subject to paragraph 

(a) of this section that achieves its special dietary usefulness by use 

of a nonnutritive ingredient (i.e., one not utilized in normal 

metabolism) shall bear on its label a statement that it contains a 

nonnutritive ingredient and the percentage by weight of the nonnutritive 

ingredient.

    (2) A special dietary product may contain a nonnutritive sweetener 

or other ingredient only if the ingredient is safe for use in the 

product under the applicable law and regulations of this chapter. Any 

product that achieves its special dietary usefulness in reducing or 

maintaining body weight through the use of a nonnutritive sweetener 

shall bear on its label the statement required by paragraph (b)(1) of 

this section, but need not state the percentage by weight of the 

nonnutritive sweetener. If a nutritive sweetener(s) as well as 

nonnutritive sweetener(s) is added, the statement shall indicate the 

presence of both types of sweetener; e.g., ``Sweetened with nutritive 

sweetener(s) and nonnutritive sweetener(s).''



[[Page 236]]



    (c) ``Low calorie'' foods. A product purporting to be ``low 

calorie'' must comply with the criteria set forth for such foods in 

Sec. 317.360.

    (d) ``Reduced calorie'' foods and other comparative claims. A 

product purporting to be ``reduced calorie'' or otherwise containing 

fewer calories than a reference food must comply with the criteria set 

forth for such foods in Sec. 317.360(b) (4) and (5).

    (e) ``Label terms suggesting usefulness as low calorie or reduced 

calorie foods''. (1) Except as provided in paragraphs (e)(2) and (e)(3) 

of this section, a product may be labeled with terms such as ``diet,'' 

``dietetic,'' ``artificially sweetened,'' or ``sweetened with 

nonnutritive sweetener'' only if the claim is not false or misleading, 

and the product is labeled ``low calorie'' or ``reduced calorie'' or 

bears another comparative calorie claim in compliance with the 

applicable provisions in this subpart.

    (2) Paragraph (e)(1) of this section shall not apply to any use of 

such terms that is specifically authorized by regulation governing a 

particular food, or, unless otherwise restricted by regulation, to any 

use of the term ``diet'' that clearly shows that the product is offered 

solely for a dietary use other than regulating body weight, e.g., ``for 

low sodium diets.''

    (3) Paragraph (e)(1) of this section shall not apply to any use of 

such terms on a formulated meal replacement or other product that is 

represented to be of special dietary use as a whole meal, pending the 

issuance of a regulation governing the use of such terms on foods.

    (f) ``Sugar free'' and ``no added sugar''. Criteria for the use of 

the terms ``sugar free'' and ``no added sugar'' are provided for in 

Sec. 317.360(c).



[58 FR 664, Jan. 6, 1993; 58 FR 43788, Aug. 18, 1993, as amended at 58 

FR 47627, Sept. 10, 1993; 58 FR 66075, Dec. 17, 1993; 60 FR 196, Jan. 3, 

1995]