Exemptions

The regulations apply to retail primary packages, and so certain containers and wrappings are exempt from the labeling requirements. The regulations define the term "package" as any container or wrapping in which a food is enclosed for retail sale. Packages used for shipping, display, or other functions are exempt. In addition, some very small packages are exempt.

Inner Wrappings. When multiunit packages of food are not intended to be sold individually, their inner wrappings that bear no information are exempt from labeling requirements.

Shipping Cartons. Shipping cases for distribution of commodities in bulk are exempt from labeling requirements. If the shipping cartons will be sold as retail units (eg, in a warehouse club), however, all mandatory requirements apply.

Small Confections. Small confections (eg, "penny candy") weighing less than 1/2 oz (or 15 g) are exempt from all labeling requirements when the shipping container or retail package meets the labeling requirements.

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