The Nutrition Labeling and Education Act of 1990 (NLEA) changed the existing regulatory framework for food labeling requirements that was shared among federal, state, and local levels of government. In addition to creating a system of mandatory nutrition labeling for foods, NLEA provided a schedule for the preemption of state and local labeling requirements that were not identical to federal provisions. Six provisions were not to be preempted until a study on the adequacy of the federal implementation of those provisions was completed.


Food Labeling is the result of that study. It presents recommendations concerning the Food and Drug Administration's implementation of the six provisions that were studied, suggestions for the future disposition of relevant state and local food labeling requirements, and views on the continuing importance of the working relationship among the various levels of government in assuring that consumers are protected from misleading label information.

Table of Contents


Front Matter
1 Summary
2 Background of the Study
3 Contextual Factors Affecting the Regulation of Misbranded Food
4 Criteria for Determining Adequate Implementation of the Federal Statute
5 Comparison and Analysis of Federal and State Food Labeling Requirements
6 Issues Raised By States, Consumers, and Industry
Appendixes
A Provision for the State Food Labeling Study Contained in the Nutrition Labeling and Education Act of 1990
B Participants at the Public Meeting Held by the Committee on State Food Labeling, May 30, 1991
C Letter of Request Sent to State and Local Regulators and Consumer Groups by the Committee on State Food Labeling
D States Providing Written Response to the Six Questions from the Committee on State Food Labeling
E Individuals from States That Provided Information to the Committee on State Food Labeling
F State and Local Laws, Regulations, and Other Materials Submitted to the Committee on State Food Labeling
G Areas of Discrepancy Between Federal and State Food Labeling Requirements Identified by States and Consumer and Industry Groups
H State Food Labeling Requirements and Relationship to the Misbranding Provisions of Section 403 of the Federal Food, Drug, and Cosmetic Act
I Case Study: Requirements for Labeling Bottle Water
J Biographical Sketches of Committee Members and Staff
Index