Can You Sell Food Without a Nutrition Label? Exploring the Exceptions

December 16, 2025 •

3 min read

According to the Food and Drug Administration (FDA), nutrition labeling is a mandatory requirement for most packaged food products sold in the United States. However, many food entrepreneurs and small producers ask, "Can you sell food without a nutrition label?" The answer is yes, but only under specific, clearly defined exemptions that vary by product, business size, and sales volume.

Quick Summary

Nutrition labels are legally required for most pre-packaged foods, but exemptions exist for specific products and businesses. Small-scale producers, cottage food operators, and items sold in small packages may be exempt, provided certain conditions are met and claims are avoided.

Key Points

Small business exemptions exist: The FDA offers specific exemptions for low-volume producers with annual food sales under certain thresholds or with few employees, though an annual notice may be required.
Nutrient claims void exemptions: If a product's label or advertising makes any nutritional or health claim, it immediately loses its exemption and must carry a full nutrition facts panel.
Cottage food laws vary by state: Home-based food producers must comply with state-specific cottage food regulations, which permit certain non-hazardous foods to be sold with simplified labeling.
Allergen labeling is mandatory: Even exempt foods must clearly declare the nine major food allergens to protect consumers with sensitivities or allergies.
Unpackaged and minimally processed foods are often exempt: Loose-leaf produce, foods sold at an assisted-service counter, and foods made and sold on-site may not require a nutrition label.
Non-compliance carries significant risk: Selling non-exempt food without proper labeling can lead to costly fines, product recalls, and severe damage to a company's reputation.
Understand the rules for your sales channel: Whether you sell online, at a farmers market, or in a retail store, different rules may apply regarding labeling and sales restrictions.

Understanding the Fundamentals of Nutrition Labeling

The Nutrition Labeling and Education Act (NLEA) of 1990 established the groundwork for mandatory nutrition facts panels on most packaged foods sold in the U.S. The primary goal is to provide consumers with transparent, uniform information about the nutritional content of what they eat. A standard nutrition facts panel must include calorie count, serving size, and the amount of key nutrients like fat, sodium, and added sugars.

However, the legal landscape is not one-size-for-all, and understanding these rules is crucial for all food vendors.

Small Business Exemptions: A Path for Low-Volume Producers

The FDA offers a small business exemption for certain low-volume producers to avoid the mandatory nutrition facts panel. A business may qualify if it has total annual food sales of no more than $500,000, or if it has fewer than 100 full-time employees and sells fewer than 100,000 units of a specific product annually and files a notice with the FDA each year. It's crucial that the product's label or advertising avoids any nutrient content claims to maintain this exemption.

Cottage Food Laws: Regulations for Home-Based Operations

State-level "cottage food laws" allow home-based businesses to sell certain non-potentially hazardous foods without needing a commercial kitchen or full nutrition labeling. These products still need a label with the product name, ingredients, net quantity, and the name and address of the operation. Many states require a specific disclaimer, like "Made in a Home Kitchen". Potentially hazardous foods, such as those requiring temperature control, are typically not allowed under these laws.

Exemptions Based on Product Type

Some foods are exempt from nutrition labeling regardless of the seller. These include spices, herbs, and flavorings, foods in small packages (labeling surface area less than 12 square inches), minimally processed fruits and vegetables, and teas and fruit teas.

Comparison of Exemption Types

This table highlights key differences between federal small business exemptions and state cottage food laws:


Feature	Federal Small Business Exemption	State-Specific Cottage Food Laws
Governing Authority	U.S. Food and Drug Administration (FDA)	State Department of Health or Agriculture
Key Criteria	Annual sales volume, number of employees, unit volume of product sold.	Sale of non-potentially hazardous foods, often from a home kitchen.
Labeling Requirements	Exempts the Nutrition Facts panel, but other standard labeling (ingredients, name/address) is still required.	Requires a specific disclaimer about being made in a home kitchen, plus basic labeling.
Filing Requirement	Annual notice must be filed with the FDA for some exemption tiers.	Registration or permit with the state may be required, depending on the jurisdiction.
Sales Channels	Can apply to retail sales channels, including online, assuming criteria are met.	Often restricted to direct-to-consumer sales (e.g., farmers markets, online with personal delivery).

The Risks of Non-Compliance

Selling food without required labeling can lead to significant penalties, legal action from regulatory agencies like the FDA, lawsuits from consumers, and damage to brand reputation and trust.

The Importance of Allergen Labeling

Even when nutrition labeling is not required, allergen labeling is mandatory. The nine major allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame) must be clearly declared. For unpackaged foods, this information must be accessible to consumers.

Conclusion: Know Your Rules and Stay Safe

Selling food without a nutrition label is possible under specific federal and state exemptions for small businesses, cottage food operators, and certain product types. These exemptions require strict adherence to conditions, including avoiding nutritional claims and ensuring complete allergen and ingredient labeling. Entrepreneurs should carefully research applicable regulations and consider obtaining a nutrition facts panel for transparency, even if an exemption applies.

Checklist for Food Entrepreneurs

Verify Federal Exemption: Check FDA criteria for small business exemptions based on sales and employee count.
Research State Laws: Investigate your state's cottage food laws for home-based sales.
Understand Labeling Restrictions: Avoid nutritional claims to maintain exemptions.
Ensure Allergen Compliance: Always clearly label major allergens.
Consult Experts: Seek advice if unsure about your obligations. The FDA's Small Business Nutrition Labeling Exemption Guidance is an authoritative resource.

By following these steps, you can navigate food labeling rules confidently and legally.

Frequently Asked Questions

Commonly exempt foods include spices, tea, coffee, food additives, flavorings, and unpackaged items like fresh fruits and vegetables. Also, foods in very small packages (labeling surface area less than 12 square inches) and foods sold directly to consumers in very small volumes by small businesses can be exempt.

Generally, no. Most state cottage food laws permit the sale of certain non-potentially hazardous foods without a nutrition facts panel. However, specific labeling, including a disclaimer about it being a home-produced product, is mandatory.

No. If you make any nutritional claims on your product's label, packaging, or advertising, you are no longer eligible for the small business exemption and must provide a full nutrition facts panel.

You risk facing legal consequences, including fines and seizures from the FDA, or penalties from state regulators. Non-compliant labeling could also lead to consumer lawsuits, especially if an allergic reaction occurs due to missing allergen information.

It depends on the food. Unpackaged foods are generally exempt from nutrition labeling, but pre-packaged foods must follow state or federal rules. Some state cottage food laws allow for simplified labeling at farmers' markets for specific home-produced items.

For cottage food operations, selling online is often allowed, but specific rules apply. In some states like Texas, the required labeling information must be posted on the website before the purchase is finalized, and personal delivery is required.

Yes, allergen labeling is almost universally mandatory, regardless of exemptions for nutrition labeling. The nine major allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame) must be declared.