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 productlabeling@wvda.us

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

calculator: http://www.gourmetsleuth.com/cookingconversions.

Always list the common or usual name for ingredients in either all capital letters or the

first letter of each ingredient capitalized. The sub ingredients of a food that is an ingredient in

another food may be declared parenthetically following the name of the ingredient or may be

declared by dispersing each ingredient in its order of predominance in the ingredient statement

without naming the original ingredient.

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) requires food

manufacturers to label food products that are made with any ingredient, including flavorings,

colorings, or incidental additives (e.g., processing aids), that is or contains a major food allergen

in one of the following two ways:

A batch/lot or evident code should be included on your packaging that would distinguish

when the product was made. These codes and maintaining records thereof will enable you and

regulatory authorities to trace your product in the event of a recall. However, if there are no

codes on your packaging then you will be required to recall all like products.

SECTIONS OF A LABEL

PRINCIPAL DISPLAY PANEL:

The term principal display panel or panels shall be construed to mean that part, or those

parts, of a label that is, or are, designed as to most likely be displayed, presented, shown, or

examined under normal and customary conditions of display and purchase. All that is required

on a principal display panel or alternate principal panel is the identity of the product and the

quantity statement. All other required information may be on another panel or panels.

In order to give your product the visual impact and sales appeal you want, it is necessary

to design an attractive looking, decorated package. The art should be well thought out and

professional looking with pleasing coordinated colors appropriate for your product and the

message you with to convey.

The eight common

food allergens are:

Peanuts

Soybeans

Milk

Eggs

Fish

Crustacea

Tree nuts

Wheat

Selection and use of typography should be clean, crisp, open and easy to read. The final

copy should be proofread to insure accurate spelling and to detect any broken or misaligned type.

Factors that affect the “decorating area” are the shape and design of the container in which

the product is packaged. For example, the illustration below shows how the top and bottom

radius of a Boston round limits the decorating area as compared to a straight sided cylinder.

INFORMATION PANEL:

The information panel is the label panel

immediately to the right of the PDP, as

displayed to the consumer. If this panel

is not usable due to package design and

construction, (i.e., folded flaps) then the

information panel is the next label panel

immediately to the right.

For the information panel labeling, use a print or type size that is prominent, conspicuous and

easy to read. Use letters that are at least one-sixteenth (1/16) inch in height based on the lower

case letter “o.” The letters must not be more than three times as high as they are wide, and the

lettering must contrast sufficiently with the background so as to be easy to read. Do not crowd

required labeling with artwork or non-required labeling.

Smaller type sizes must be used for information

panel labeling on very small food packages.

The phrase “information panel labeling” means the label statement is generally

required to be placed together, without any intervening material, on the information

panel, if such labeling does not appear on the PDP. These label statements include the

name and address of the manufacturer, packer, or distributor, ingredient list, and

nutrition labeling.

There are two ways to label packages and containers:

(1) Place all required label statements on the front label panel (principal display panel) or

(2) Place certain specified label statements (Statements of Identity and Net Quantity

Statement) on the principal display panel, and other required labeling on the information panel,

which is the panel immediately to the right of the principal display panel. If there is insufficient

space, then the information panel may be placed on any alternate panel that can be seen by the

consumer.

Place the statement of identify

or name of the food, and the net

quantity statement, or amount

of product, on the PDP and on

the alternate PDP

#1 STATEMENT OF IDENTITY:

A declaration of identity on consumer packages shall appear on the principal display panel,

and shall positively identify the commodity in the package by its common or usual name,

description, generic term, or the like. It shall appear generally parallel to the base on which the

package rests as it is designed to be displayed.

Use prominent print or type for the statement

of identity. It shall be in bold type. The type

size must be reasonably related to the most

prominent printed matter on the front panel

and should be one of the most important

features on the principal display panel.

Generally, this is considered to be at least

½ the size of the largest print on the label.

#2 NAME AND ADDRESS OF MANUFACTURER:

All packages shall specify conspicuously on the label the name, address and zip code of the

manufacturer, packer, or distributor if it is being sold off the premises where packed.

EXAMPLE: SSC INTERNATIONAL, INC.

123 IDUNNO ROAD

HACKENSBACK, NJ 07601

NOTE: If the company is not listed in a telephone book or city directory, the street address must

be shown. Telephone number, website and email address are optional.

If the commodity is not manufactured by the person whose name appears on the label, the

name shall be qualified by a phrase that reveals the connection such as, Manufactured for;

Distributed by or Packed by, etc.

EXAMPLE: DIST. BY THE BROWN CO., ALBANY, NY 12203

MFG. BY GREEN HILL CO., EDEN, VT 05652

PACKED FOR COOK MAPLE CO., BARRE, VT 05641

If a person manufactures, packs, or distributes a commodity at a place of business, the

label may state the principal place of business in lieu of the actual place where the commodity

was manufactured or packed, or is to be distributed, unless such statement would be misleading.

EXAMPLE: INTERBAKE FOODS, INC.

GENERAL OFFICE

782 SPICE CAKE DRIVE

RICHMOND, VA 23261

©1982 INTERBAKE FOODS, INC.

MADE IN USA

#3 NET QUANTITY STATEMENT

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

2 oz. 2.563 2.875 2.286 1.286 2.781 2.342 2.091 2.300 2.128 2.792 2.758 2.704 2.136 1.980 1.832 2.022

3 oz. 3.844 4.313 3.429 1.929 4.172 3.513 3.136 3.450 3.192 4.188 4.137 4.056 3.204 2.970 2.748 3.033

4 oz. 5.125 5.750 4.572 2.572 5.562 4.684 4.182 4.600 4.256 5.584 5.516 5.408 4.272 3.960 3.664 4.044

5 oz. 6.406 7.188 5.715 3.215 6.953 5.854 5.227 5.750 5.320 6.980 6.895 6.760 5.340 4.950 4.580 5.055

6 oz 7.688 8.625 6.858 3.858 8.344 7.025 6.272 6.900 6.384 8.376 8.274 8.112 6.408 5.940 5.496 6.066

7 oz. 8.969 10.063 8.001 4.501 9.734 8.196 7.318 8.050 7.448 9.772 9.653 9.464 7.476 6.930 6.412 7.077

8 oz. 10.250 11.500 9.144 5.144 11.125 9.367 8.363 9.200 8.512 11.168 11.032 10.816 8.544 7.920 7.328 8.088

9 oz. 11.531 12.938 10.287 5.787 12.515 10.538 9.409 10.350 9.576 12.564 12.411 12.168 9.612 8.910 8.244 9.099

10 oz. 12.813 14.275 11.430 6.430 13.906 11.709 10.454 11.500 10.640 13.960 13.790 13.520 10.680 9.900 9.160 10.110

11 oz. 14.094 15.813 12.573 7.073 15.297 12.880 11.499 12.650 11.704 15.356 15.169 14.872 11.748 10.890 10.076 11.121

12 oz. 15.375 17.250 13.716 7.716 16.687 14.438 12.545 13.800 12.768 16.752 16.548 16.244 12.816 11.880 10.992 12.132

13 oz. 16.656 18.688 14.859 8.359 18.078 15.221 13.590 14.950 13.832 18.148 17.927 17.576 13.884 12.970 11.908 13.143

14 oz. 17.938 20.125 16.002 9.002 19.468 16.392 14.636 16.100 14.896 19.544 19.306 18.928 14.952 13.860 12.824 14.154

15 oz. 19.219 21.563 17.145 9.645 20.859 17.563 15.681 17.250 15.900 20.940 20.685 20.280 16.020 14.850 13.740 15.165

16 oz. 20.500 23.000 18.288 10.238 22.250 18.734 16.726 18.400 17.024 22.336 22.064 21.632 17.088 15.840 14.656 16.175

#4 INGREDIENT LIST:

The ingredient list is placed on the same

label panel as the name and address of

the manufacturer, packer or distributor.

This may be either the information panel

or the principal display panel. It may be

before or after the nutrition label and the

name and address of the manufacturer,

packer or distributor.

LABELS MUST SHOW THE COUNTRY OF ORIGIN OF THE IMPORTED

ARTICLE:

The US Customs Service of the Department of Treasury issued a rule

requiring commodities from foreign countries to show the origin of the product.

EXAMPLE: honey from China must show “Product of China,” maple syrup from

Canada must show “Product of Canada,” etc.

The purpose of this charge is to insure that an ultimate purchaser in the

United States is aware of the country of origin of the imported article. This rule

applies to all commodities, not only food.

This declaration is listed under Customs Bulletin Regulations, Rulings,

Decisions, and Notices concerning Customs and Related Matters and Decisions of

the United States Court of International Trade, Vol. 17, dated August 10, 1983, No.

32. Anyone having any questions regarding this ruling may obtain this bulletin by

writing to the Department of Treasury, US Customs Service, Washington, DC

20229.

Tips for Designing a Successful Label

Initially when looking for a company to print and design a label for your product, first to obtain price

quotes, look under “Printers” in the yellow pages section of your local telephone book. If you need help with a

logo design, look under “graphic designers”.

It is best to find someone locally in your area whom you can establish a working relationship. Convey

to them what your product is and the type of marketing image you are trying to create for your product.

1. Make sure your label conforms with the Food and Drug Administration (FDA) Regulations.

(Title 21 Code of Federal Regulations CFR 101)

2. Ensure that front label has eye appeal and acts as a “tickler” to attract consumer attention

and stand out from your competition. A key element of specialty food products is its

presentation.

3. The side and rear panel, or a hang tag, need to include a history of yourself, the company,

recipe tips, usage instruction, cooking direction, or other selling information to enhance sales.

4. Develop a logo which identifies your product line if you are marketing more than one product

to bring them all together.

5. The color of letters or numerals must be in contrast to the color of the background. For

example, on a loaf of bread, you would not want to use the color brown as it probably would

not be conspicuous.

6. Use nutritional data information if feasible because consumer trends dictate a consensus that

shoppers are more food label conscious than ever before.

7. Consider using the Universal Product Code (UPC) on your label if you intend to market to

grocery store chains because they will not accept you product if it is not able to scan on their

registers.

8. Consider using freshness coding dates or best if used by information on you labels if quality

control tests show a short shelf life.

9. Ensure space to assign a lot number to a batch and keep records on its distribution to enact a

product recall on your product if ever warranted.

10. Advise vendors and consumers of shelf life and special handling information such as “keep

under refrigeration” or “refrigerate after opening”. Do quality control studies to evaluate the

time period a product can be stored under specified temperature conditions and still remain

usable.

11. Consider using tamper evident shrink bands and inner seal devices which show visible signs

that the container has been opened.