FDA Guidelines: Labels Statements for Refrigerated Foods
Action: Notice, Federal Register, Vol. 62, No. 26, February 24, 1997
On February 23, 1997 a "guidance" document appeared in the Federal Register relating to the labeling of foods that need refrigeration to maintain safety and/or quality. Below, a summary of the major points in the guidance document is provided. Note that this document is not a regulation, and therefore it does not have the force of law or a specific effective date.
One of the apparent motivating factors behind this guidance document was several recent outbreaks of botulism in foods that were not refrigerated by consumers because they were packaged in a manner suggesting that they might be shelf-stable (e.g., a clam chowder product packaged in a plastic bag inside a cardboard carton and a bean dip packaged in a resealable plastic tub). However, both foods had a "keep refrigerated" statement on their labels.
The Agency expressed concern in the Federal Register notice that consumers may not be aware that some newer, less traditional packaged foods need refrigeration. Examples of such products mentioned by FDA include fresh cut fruits and vegetables, vacuum or modified atmosphere packaged products in clear flexible packaging, and foods packaged in cardboard containers resembling shelf-stable packages.
FDA is also concerned that traditional label statements such as "keep refrigerated" do not help consumers distinguish between products that must be refrigerated for safety reasons and those that may be refrigerated to prevent loss of quality.
The new guidance document announced in the Federal Register establishes three categories of foods:
Group "A" foods are those that must be kept refrigerated at all times during their shelf life to prevent the growth of infectious or toxigenic microorganisms. The FDA is strongly urging the use of the following label statement (preferably on the principal display panel) for all Group "A" products:

IMPORTANT Must be Kept Refrigerated To Maintain Safety

Group "B" foods are those that are shelf-stable as a result of processing but that, once opened, the unused portion is potentially hazardous unless refrigerated. The recommended statement for this group of products is:

IMPORTANT Must Be Refrigerated After Opening to Maintain Safety

FDA recommends the following specific formatting for there statement: (1) must be on a contracting background; (2) utilize a single, easy-to-read style and size; (3) have at least one point leading (space between two lines of text); (4) and ensure that letters never touch. Hairlines should be used above and below the statement. The word "IMPORTANT" should be capitalized and the remaining words should use both upper and lower case letters.
Group "C" foods are those that do not pose a safety hazard after opening even if temperature abused, but that may experience a more rapid deterioration in quality over time if not refrigerated. FDA does not urge specific wording for Group "C" products, but provides instead a "suggested optional" label statement:

Refrigerate for Quality

For additional information or a copy of the document, please contact Certified Laboratories at 1-800-CERT LAB.
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