Understanding Nutrition and Diet: What foods are exempt from the food labeling law?

October 8, 2025 •

4 min read

According to the Food and Drug Administration (FDA), not all food products sold to consumers are required to carry a nutrition facts panel. The exemptions to these rules are surprisingly varied, based on factors such as how the food is processed, its nutritional content, and where it is sold, shedding light on what foods are exempt from the food labeling law.

Quick Summary

Several food types are exempt from mandatory labeling, including fresh, unprocessed produce and single-ingredient items. Situational exemptions exist for small businesses, foods packaged at the point of sale, and very small packages. Making a nutrition claim, however, can void most exemptions, and allergen information is almost always required.

Key Points

Fresh produce is exempt: Whole or cut fresh fruits and vegetables are not required to have a nutrition facts panel or ingredient list.
Single-ingredient items are often exempt: Unprocessed foods like raw meat, fresh eggs, and single-ingredient spices are generally exempt from nutrition labeling.
Packaging on-site exempts foods: Items prepared and packaged in a retail setting, such as bakery items or deli salads, do not require full labeling.
Small businesses have exemptions: Businesses with low sales volume and few employees can file for an exemption from nutrition labeling, but this doesn't apply if they make a nutrition claim.
Allergen information is almost always mandatory: Even when exempt from nutrition labeling, companies must still declare major allergens in their products.
Insignificant nutrients lead to exemptions: Foods with little nutritional value, like plain coffee, tea, and chewing gum, are often not subject to nutrition labeling.

The Rationale Behind Labeling Exemptions

Food labeling regulations exist to provide consumers with essential nutritional and ingredient information, enabling them to make informed and safe dietary choices. However, regulatory bodies like the U.S. Food and Drug Administration (FDA) and international counterparts recognize that a one-size-fits-all approach is impractical. Exemptions are granted for several logical reasons:

Nature of the product: Foods that are unprocessed, single-ingredient items, or have negligible nutritional value are often exempt. Their nutritional content is typically self-evident or minimal.
Point of sale: Foods prepared and sold directly to the consumer, such as in restaurants or deli counters, have a direct and informal path for customers to ask questions.
Business size: To prevent undue burden on small-scale producers and local businesses, exemptions are often in place based on employee count or sales volume.

Categorical Exemptions for Specific Food Types

Many specific food categories are automatically exempt from carrying a nutrition facts panel and, in some cases, an ingredients list. These products typically fall into the low-processing or low-nutrient-significance category.

Fresh, Whole, and Minimally Processed Foods

One of the most common exemptions applies to fresh, unprocessed fruits and vegetables. These foods are generally sold without any processing, and their quality can be assessed visually. Whole or cut fresh produce, raw single-ingredient meat, poultry, and fish are often exempt, provided no other ingredients are added.

Foods of Insignificant Nutritional Value

Certain items are exempt because they contain negligible amounts of energy or nutrients. This includes a wide array of products, such as:

Spices, herbs, and seasonings: Single-ingredient spices and herbs.
Beverages: Plain coffee beans, tea leaves, drinking water, and mineral water are often exempt.
Condiments: Plain table salt and fermented vinegars.
Confections and more: Chewing gum is also on many exemption lists.

Single-Ingredient, Unadulterated Items

Foods consisting of a single, unadulterated ingredient are often exempt because their composition is clear to the consumer. This includes fresh eggs, honey, and unprocessed milk. The logic is that there is nothing to list in an ingredients panel and the nutritional profile is well-known or can be found easily.

Situational and Contextual Exemptions

Beyond the product itself, the specific circumstances of a food's sale can determine if it requires a label. These are crucial for local businesses and food service operators.

Point-of-Sale and On-Premises Preparation

Many foods prepared and sold directly to the consumer in a retail setting are exempt. Examples include:

Deli counters: Meats and cheeses sliced and packaged for the customer at the time of purchase.
Bakery goods: Breads and pastries baked and packaged on-site.
Restaurants and takeaways: Meals served in restaurants or pre-packaged for immediate delivery upon a customer's request.

Small Businesses and Limited Sales

The FDA provides exemptions for small businesses that meet certain criteria, typically involving employee count and sales volume. This reduces the regulatory burden on small-scale producers, especially those selling at local farmers' markets. To qualify, a business must usually file an annual notice with the FDA, detailing the products for which they claim the exemption. However, this exemption is lost if a nutrition claim is made.

Small Packages and Fundraising Events

Very small packages, defined by their total surface area (e.g., less than 25 cm²), are often exempt due to physical limitations in printing space. Additionally, foods sold at fundraising events, such as a charity bake sale, are also exempt from formal labeling requirements.

Critical Exceptions to Consider

While many exemptions exist, there are important limitations that food suppliers must understand. The most significant of these involve allergens and nutrition claims.

Allergen Disclosure: Even if a food is exempt from a nutrition facts panel, mandatory allergen information must still be declared. Regulations require emphasizing the presence of major allergens, such as milk, eggs, peanuts, and gluten, in some form, either in an ingredient list or a separate statement.
Voluntary Nutrition Information: Making a nutrition or health claim on an otherwise exempt food immediately negates the exemption. If a small business claims their sauce is 'low-sodium,' for example, they are then required to provide a full nutrition facts panel. The FDA considers this voluntary labeling an invitation to regulation.

Comparison of Labeling Requirements


Feature	Exempt Food (e.g., Fresh Apple)	Labeled Food (e.g., Applesauce)
Nutrition Facts Panel	Not required	Required
Ingredients List	Not required (single ingredient)	Required, listing all ingredients in descending order of weight
Allergen Statement	Not applicable	Required if containing allergens (e.g., if fortified with soy)
Packaging	Can be sold loose or in minimal packaging	Must be packaged and labeled according to regulatory standards
Health Claims	N/A	Making a claim triggers labeling requirements
Preparation	Unprocessed	Processed (cooked, pureed, often with added sugar/preservatives)

Conclusion

Regulatory bodies have created a diverse set of exemptions to the food labeling laws to balance consumer information needs with practical concerns for businesses and the nature of specific food types. The exemptions are not absolute, however, and can be negated by making a nutrition claim or by failing to disclose mandatory allergen information. For consumers, understanding these rules can clarify why the foods at the deli counter or farmers' market look different from the items on supermarket shelves. For food producers, knowing these regulations is critical to compliance, regardless of business size. The rules ensure that while minimal processing items are unburdened, important safety information like allergens is never overlooked.

[Optional link for further reading: FDA Guidance for Small Businesses]

Frequently Asked Questions

Unpackaged food sold in bulk, such as nuts from a self-serve dispenser, is typically exempt from labeling requirements because the food is not pre-packaged for the consumer.

Small businesses with limited sales and few employees may qualify for an exemption from nutrition labeling, provided they don't make any nutrient content claims. They often need to file an annual notice with the FDA.

Foods of insignificant nutritional value, often exempt from nutrition labeling, include items like plain coffee, tea, certain spices, flavorings, and drinking water.

Yes, foods made and packaged on-site at a retail establishment, such as deli meats, cheeses, and bakery goods, are generally exempt from mandatory labeling.

Fresh, whole, or cut fruits and vegetables sold at a farmers' market are typically exempt from labeling requirements, especially when sold directly to the consumer.

Yes, even if a food is exempt from displaying a nutrition facts panel, the presence of major allergens must still be clearly declared according to regulations.

No, if a company makes a nutrition or health claim about an exempt food, it forfeits the exemption and must provide a full nutrition facts label for that product.