Federal law for this question is answered by two federal agencies, the Food and Drug Administration and the U.S. Department of Agriculture. Section 403(q) of the Federal Food, Drug, and Cosmetic Act requires that packaged foods and dietary supplements bear nutrition labeling unless they qualify for an exemption. The nutrition labeling exemptions found in 21 CFR 101.9(j)(1) and 21 CFR 101.36(h)(1) apply to retailers with annual gross sales of not more than $500,000, or with annual gross sales of foods or dietary supplements to consumers of not more than $50,000. For these exemptions, a notice does not need to be filed with the Food and Drug Administration (FDA).
If any nutrient content claim (e.g., “sugar free”), health claim, or other nutrition information is provided on the label, for labeling or advertising purposes, the small business exemption is not applicable for a product. More information can be found at the following Web site: Small Business Food Labeling Exemption.
In addition to federal law and regulations, the entrepreneur must also be aware of possible state and local regulations that may be applicable. Check with your state’s Department of Health, Agency of Agriculture, Food or Markets, or Commerce Department for specific requirements. Finally, the entrepreneur must consider the fact that even when labels are not required, the consuming public is often being told to look at the labels when they buy a product. This may affect the consumer’s decision to buy.