Appendix C to Part 225 - Child Nutrition (CN) Labeling Program
7:4.1.1.1.4.4.1.5.9 : Appendix C
Appendix C to Part 225 - Child Nutrition (CN) Labeling Program
1. The Child Nutrition (CN) Labeling Program is a voluntary
technical assistance program administered by the Food and Nutrition
Service (FNS) in conjunction with the Food Safety and Inspection
Service (FSIS) and Agricultural Marketing Service (AMS) of the U.S.
Department of Agriculture (USDA), and National Marine Fisheries
Service of the U.S. Department of Commerce (USDC) for the Child
Nutrition Programs. This program essentially involves the review of
a manufacturer's recipe or product formulation to determine the
contribution a serving of a commercially prepared product makes
toward meal pattern requirements and a review of the CN label
statement to ensure its accuracy. CN labeled products must be
produced in accordance with all requirements set forth in this
rule.
2. Products eligible for CN labels are as follows:
(a) Commercially prepared food products that contribute
significantly to the meat/meat alternate component of meal pattern
requirements of 7 CFR 210.10, 225.16, and 226.20 and are served in
the main dish.
(b) Juice drinks and juice drink products that contain a minimum
of 50 percent full strength juice by volume.
3. For the purpose of this appendix the following definitions
apply:
(a) CN label is a food product label that contains a CN
label statement and CN logo as defined in paragraph 3(b) and (c)
below.
(b) The CN logo (as shown below) is a distinct border
which is used around the edges of a “CN label statement” as defined
in paragraph 3(c).
(c) The CN label statement includes the following:
(1) The product identification number (assigned by FNS);
(2) The statement of the product's contribution toward meal
pattern requirements of 7 CFR 210.10, 220.8, 225.16, and 226.20.
The statement shall identify the contribution of a specific portion
of a meat/meat alternate product toward the meat/meat alternate,
bread/bread alternate, and/or vegetable/fruit component of the meal
pattern requirements. For juice drinks and juice drink products the
statement shall identify their contribution toward the
vegetable/fruit component of the meal pattern requirements.
(3) Statement specifying that the use of the CN logo and CN
statement was authorized by FNS, and
(4) The approval date.
For example:
(d) Federal inspection means inspection of food products
by FSIS, AMS or USDC.
4. Food processors or manufacturers may use the CN label
statement and CN logo as defined in paragraph 3 (b) and (c) under
the following terms and conditions:
(a) The CN label must be reviewed and approved at the national
level by the Food and Nutrition Service and appropriate USDA or
USDC Federal agency responsible for the inspection of the
product.
(b) The CN labeled product must be produced under Federal
inspection by USDA or USDC. The Federal inspection must be
performed in accordance with an approved partial or total quality
control program or standards established by the appropriate Federal
inspection service.
(c) The CN label statement must be printed as an integral part
of the product label along with the product name, ingredient
listing, the inspection shield or mark for the appropriate
inspection program, the establishment number where appropriate and
the manufacturer's or distributor's name and address.
(1) The inspection marking for CN labeled non-meat, non-poultry,
and non-seafood products with the exception of juice drinks and
juice drink products is established as follows:
(d) Yields for determining the product's contribution toward
meal pattern requirements must be calculated using the Food Buying
Guide for Child Nutrition Programs (Program Aid Number 1331).
5. In the event a company uses the CN logo and CN label
statement inappropriately, the company will be directed to
discontinue the use of the logo and statement and the matter will
be referred to the appropriate agency for action to be taken
against the company.
6. Products that bear a CN label statement as set forth in
paragraph 3(c) carry a warranty. This means that if a food service
authority participating in the child nutrition programs purchases a
CN labeled product and uses it in accordance with the
manufacturer's directions, the school or institution will not have
an audit claim filed against it for the CN labeled product for
noncompliance with the meal pattern requirements of 7 CFR 210.10,
220.8, 225.16, and 226.20. If a State or Federal auditor finds that
a product that is CN labeled does not actually meet the meal
pattern requirements claimed on the label, the auditor will report
this finding to FNS. FNS will prepare a report on the findings and
send it to the appropriate divisions of FSIS and AMS of the USDA,
National Marine Fisheries Service of the USDC, Food and Drug
Administration, or the Department of Justice for action against the
company. Any or all of the following courses of action may be
taken: (a) The company's CN label may be revoked for a specific
period of time; (b) The appropriate agency may pursue a misbranding
or mislabeling action against the company producing the product;
(c) The company's name will be circulated to regional FNS offices;
and (d) FNS will require the food service program involved to
notify the State agency of the labeling violation.
7. FNS is authorized to issue operational policies, procedures,
and instructions for the CN Labeling Program. To apply for a CN
label and to obtain additional information on CN label application
procedures, write to: CN Labels, U.S. Department of Agriculture,
Food and Nutrition Service, Nutrition and Technical Services
Division, 3101 Park Center Drive, Alexandria, Virginia 22302.