---
kind: "section"
citation: "21 C.F.R. § 101.43"
title: "21"
number: "101.43"
heading: "Substantial compliance of food retailers with the guidelines for the voluntary nutrition labeling of raw fruit, vegetables, and fish."
url: "https://uscodex.org/cfr/21/101.43"
---

# §101.43. Substantial compliance of food retailers with the guidelines for the voluntary nutrition labeling of raw fruit, vegetables, and fish.

- (a) The Food and Drug Administration (FDA) will judge a food retailer who sells raw agricultural commodities or raw fish to be in compliance with the guidelines in [§ 101.45](/cfr/21/101.45.md) with respect to raw agricultural commodities if the retailer displays or provides nutrition labeling for at least 90 percent of the raw agricultural commodities listed in [§ 101.44](/cfr/21/101.44.md) that it sells, and with respect to raw fish if the retailer displays or provides nutrition labeling for at least 90 percent of the types of raw fish listed in [§ 101.44](/cfr/21/101.44.md) that it sells. To be in compliance, the nutrition labeling shall:
  - (1) Be presented in the store or other type of establishment in a manner that is consistent with [§ 101.45(a)(1)](/cfr/21/101.45.md?p=a-1);
  - (2) Be presented in content and format that are consistent with § [101.45 (a)(2)](/cfr/21/101.45.md?p=a-2), [(a)(3)](/cfr/21/101.45.md?p=a-3), and [(a)(4)](/cfr/21/101.45.md?p=a-4); and
  - (3) Include data that have been provided by FDA in appendices C and D to [part 101](/cfr/21/part101.md) of this chapter, except that the information on potassium is voluntary.
- (b) To determine whether there is substantial compliance by food retailers with the guidelines in [§ 101.45](/cfr/21/101.45.md) for the voluntary nutrition labeling of raw fruit and vegetables and of raw fish, FDA will select a representative sample of 2,000 stores, allocated by store type and size, for raw fruit and vegetables and for raw fish.
- (c) FDA will find that there is substantial compliance with the guidelines in [§ 101.45](/cfr/21/101.45.md) if it finds based on [paragraph (a)](#a) of this section that at least 60 percent of all stores that are evaluated are in compliance.
- (d) FDA will evaluate substantial compliance separately for raw agricultural commodities and for raw fish.

## Notes

### Amendments

[55 FR 60890, Nov. 27, 1991, as amended at 61 FR 42759, Aug. 16, 1996]

### Source

Source: 55 FR 60890, Nov. 27, 1991, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 1453, 1454, 1455; 21 U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. 243, 264, 271.

### Source

Source: 42 FR 14308, Mar. 15, 1977, unless otherwise noted.

### Amendments

[55 FR 60890, Nov. 27, 1991, as amended at 61 FR 42759, Aug. 16, 1996]